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Selected Works

1998

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Articles 61 - 90 of 153

Full-Text Articles in Law

Regulating Trademarks On Exterior Signs: Should Local Law Trump The Lanham Act And The Constitution, Roberta R. Kwall Dec 1997

Regulating Trademarks On Exterior Signs: Should Local Law Trump The Lanham Act And The Constitution, Roberta R. Kwall

Roberta R Kwall

This Article examines the largely unexplored relationship between municipal zoning or signage ordinances, trademark law, and the U.S. Constitution. Section 1121(b) of the Lanham Act expressly prohibits any state or political subdivision from requiring the alteration of a federally registered mark. Yet, litigation has confirmed that local signage laws are being applied to compel mark owners to alter components of their federally registered marks displayed on exterior signs. Since many such ordinances exist throughout this country and affect numerous trademarks, it is imperative that a resolution of the legal issues presented by this controversy be formulated. 

This Article highlights the …


Fair Use Vs. Fared Use: The Impact Of Automated Rights Management On Copyright's Fair Use Doctrine, Tom W. Bell Dec 1997

Fair Use Vs. Fared Use: The Impact Of Automated Rights Management On Copyright's Fair Use Doctrine, Tom W. Bell

Tom W. Bell

A combination of powerful new technologies and existing legal doctrines threatens to reduce the scope of copyright's fair use defense in digital intermedia. In place of fair use, these influences will give rise to a system of fared use. Fared use seems certain to improve the efficiency of copyright law. It raises questions of equity, however, by offering copyright owners increased compensation without guaranteeing the public increased access to copyrighted works. This paper addresses those concerns. Fared use would make copyrighted materials in digital intermedia available to the public under a reciprocal quasi-compulsory license. Somewhat paradoxically, this license offers consumers …


New Ethical Relationships Under Health Care's New Structure: The Need For A New Paradigm, Robert I. Field Dec 1997

New Ethical Relationships Under Health Care's New Structure: The Need For A New Paradigm, Robert I. Field

Robert I. Field

No abstract provided.


Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki Dec 1997

Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki

Scott Norberg

No abstract provided.


Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison Dec 1997

Themes That Thread Through Society: Racism And Athletic Manifestation In The African-American Community, Keith Harrison

Dr. C. Keith Harrison

The purpose of this article is to examine and critically analyze the impact of sport in the African-American community. This critique of the social and behavioral outcomes of sport in the African-American community will include philosophical, historical, and sociological inquiry most affecting the plight of the African-American male in academics and athletics. Data on the perceptions of contemporary African-American men participating in sport in higher education will also add more support to the conclusion that race and sport are socially constructed in society.


Industrial Espionage As Unfair Competition, Robert Tucker Dec 1997

Industrial Espionage As Unfair Competition, Robert Tucker

Robert Tucker

No abstract provided.


The Juridical Technique - A Translation Into English Of Portions Of Eduardo García Máynez’S Introducción Al Estudio Del Derecho, Robert S. Barker Dec 1997

The Juridical Technique - A Translation Into English Of Portions Of Eduardo García Máynez’S Introducción Al Estudio Del Derecho, Robert S. Barker

Robert S. Barker

No abstract provided.


Reference Re Secession From Quebec: Breaking Up Is Hard To Do, Rosemary Rayfuse Dec 1997

Reference Re Secession From Quebec: Breaking Up Is Hard To Do, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Faith Through Lawyering: Finding And Doing What Is Mine To Do, Randy Lee Dec 1997

Faith Through Lawyering: Finding And Doing What Is Mine To Do, Randy Lee

Randy Lee

No abstract provided.


Making Advance Directives Meaningful, Norman L. Cantor Dec 1997

Making Advance Directives Meaningful, Norman L. Cantor

Norman Cantor

This article presents a "values profile" to be used together with an advanced medical directive in order to provide precise guidance to surrogate decision makers.


The "Shared Risk" Of Potential Tort Liability Of Health Maintenance Organizations And The Defense Of Erisa Preemption, Vicki Lawrence Macdougall Dec 1997

The "Shared Risk" Of Potential Tort Liability Of Health Maintenance Organizations And The Defense Of Erisa Preemption, Vicki Lawrence Macdougall

Vicki Lawrence MacDougall

No abstract provided.


Dealing With Sovereign Liquidity Crises: New International Initiatives For The New World Of Volatile Capital Flows To And From Emerging Markets, Cynthia C. Lichtenstein Dec 1997

Dealing With Sovereign Liquidity Crises: New International Initiatives For The New World Of Volatile Capital Flows To And From Emerging Markets, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet Dec 1997

The Foreign Notarial Legal Services Monopoly: Why Should We Care?, Pedro A. Malavet

Pedro A. Malavet

This piece serves three purposes: (1) briefly to take issue with the current treatment of comparative scholarship, especially how it is ignored by main law reviews; (2) to be a succinct introduction to the Latin Notary; and (3) to point out that the adversarial ethic and notarial impartiality can co-exist and even complement one another. It presents the notary as an example of a non-adversarial ethic, in a system that has other professionals who are ruled by the adversarial ethic. It does not advocate the abandonment of the adversarial ethic, but, rather, argues that in certain legal situations a non-adversarial …


The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas Dec 1997

The Role Of Law In Defining Sustainable Development: Nepa Reconsidered, David R. Hodas

David R. Hodas

No abstract provided.


My Career As A Chocolatier, Ann Bartow Dec 1997

My Career As A Chocolatier, Ann Bartow

Ann Bartow

This essay is a first-hand account of experience in a world that many in the legal profession have never glimpsed. Not the typical law journal fare, it neither espouses nor condemns a legal position. Although this piece provides commentary on employment law issues facing factory workers, it also attempts to provide insight into the working conditions of many American women.


Reformation In Arkansas, Howard W. Brill Dec 1997

Reformation In Arkansas, Howard W. Brill

Howard W Brill

No abstract provided.


The Icebox Cometh: A Former Clerk’S View Of The Proposed Ninth Circuit Split, Jennifer E. Spreng Dec 1997

The Icebox Cometh: A Former Clerk’S View Of The Proposed Ninth Circuit Split, Jennifer E. Spreng

Jennifer E Spreng

No abstract provided.


Quebec's Comprehensive Auto No-Fault Scheme And The Failure Of Any Of The United States To Follow, Stephen D. Sugarman Dec 1997

Quebec's Comprehensive Auto No-Fault Scheme And The Failure Of Any Of The United States To Follow, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Suing The Tobacco Companies In U.S. And Japan, Stephen D. Sugarman Dec 1997

Suing The Tobacco Companies In U.S. And Japan, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


The Three Economies: Rethinking The Connections Between Society, Ecology, And Money, Zygmunt J.B. Plater Dec 1997

The Three Economies: Rethinking The Connections Between Society, Ecology, And Money, Zygmunt J.B. Plater

Zygmunt J.B. Plater

No abstract provided.


The Perfectionisms Of John Rawls, Steve Sheppard Dec 1997

The Perfectionisms Of John Rawls, Steve Sheppard

Steve Sheppard

John Rawls’s strict theory of perfectionism would have more appeal if it were reconstructed by balancing it with moderate cultural perfectionism. In his work, A Theory of Justice, John Rawls framed the modern idea of legal perfectionism. In his thought experiment, Rawls gave different players various theories of justice that contrast with his “original position,” in which principles of justice are decided from behind a veil of ignorance. The first of the theories, strict perfectionism, argued society should be structured in a way that produces the utmost levels of excellence in someone, but not everyone. The second theory, moderate perfectionism, …


Privacy, Seksuele Vrijheid En Sadomasochisme, Paul De Hert, Serge Gutwirth Dec 1997

Privacy, Seksuele Vrijheid En Sadomasochisme, Paul De Hert, Serge Gutwirth

Serge Gutwirth

In dit editoriaal stellen we ons kritisch op ten aanzien zowel van de het Straatsburgse Laskey, Jaggard & Brown arrest met betrekking tot "sadomasochisme", als van soortgelijke Belgische rechtspraak.


Foreword, David R. Hodas Dec 1997

Foreword, David R. Hodas

David R. Hodas

No abstract provided.


Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews Dec 1997

Do The Dead Have Interests? Policy Issues For Research After Life (With D. Nelkin), Lori B. Andrews

Lori B. Andrews

No abstract provided.


Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews Dec 1997

Adoption, Reproductive Technologies And Genetic Information, Lori B. Andrews

Lori B. Andrews

No abstract provided.


Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews Dec 1997

Is There A Right To Clone? Constitutional Challenges To Bans On Human Cloning, Lori B. Andrews

Lori B. Andrews

No abstract provided.


System Dynamics: Toward A Language Of Comparative Law, David J. Gerber Dec 1997

System Dynamics: Toward A Language Of Comparative Law, David J. Gerber

David J. Gerber

No abstract provided.


Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown Dec 1997

Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown

Bartram Brown

No abstract provided.


The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan Dec 1997

The Pre-Emption Presumption That Never Was: Pre-Emption Doctrine Swallows The Rule, Susan Raeker-Jordan

Susan Raeker-Jordan

No abstract provided.


An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard, John L. Gedid, Stephen Sowle Dec 1997

An Historical Analysis Of The Binding Effect Of Class Suits, Geoffrey C. Hazard, John L. Gedid, Stephen Sowle

John L. Gedid

No abstract provided.