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Full-Text Articles in Law
Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds
Foul-Ball Injury At South Bend Game Highlights Delicate Safety Balance, Ed Edmonds
NDLS in the News
Baseball teams have operated under the assumption that anyone who attends a game accepts the risk of injury from foul balls or bats—an assumption that has been upheld by courts in many states including Indiana, under the "baseball rule."
Trademark Use And The Problem Of Source, Mark P. Mckenna
Trademark Use And The Problem Of Source, Mark P. Mckenna
Journal Articles
This Article mediates a scholarly debate regarding the existence and desirability of a "trademark use" doctrine. It argues that trademark use is a predicate of liability under the Lanham Act, but those who advocate treating trademark use as a threshold question put much more weight on that concept than it can bear. Courts cannot consistently apply trademark use as a distinct element of the plaintiff's prima facie case because trademark use can be determined only from the perspective of consumers. Specifically, courts can determine whether a defendant has made trademark use of a plaintiff's mark only by asking whether consumers …
International Decisions: Well Blowout Control Claim. Un Doc. S/Ac.2/Dec.40, 36 Ilm 1343 (1997). United Nations Compensation Commission, Governing Council, December 17, 1996., Roger P. Alford
Journal Articles
The UN Compensation Commission Governing Council held Iraq liable for oil field damages in Kuwait, including damage caused by Allied bombing because a direct link existed between Iraqi conduct and the damage. The panel held that reasonable expenses can include extraordinary costs because Kuwait took reasonable steps in mitigating its expenses. Salaries to permanent Kuwaiti personnel are not a direct result of Iraq's conduct and cannot be reimbursed.
Application Of The Antitrust Laws To The Activities Of Insurance Companies: Heavier Risks, Expanded Coverage, And Greater Liability, Joseph Bauer, Earl W. Kintner, Michael J. Allen
Application Of The Antitrust Laws To The Activities Of Insurance Companies: Heavier Risks, Expanded Coverage, And Greater Liability, Joseph Bauer, Earl W. Kintner, Michael J. Allen
Journal Articles
Since 1945 Congress has exempted certain activities of insurance companies from federal antitrust scrutiny. This exemption, provided by the McCarran-Ferguson Act, is not unqualified; it only applies to insurance company activities that constitute the "business of insurance" and that already are regulated under state law. Moreover, the exemption does not apply to activities that involve boycotts, coercion, or intimidation. The purpose of this exemption was to preserve the long tradition of state regulation of insurance, while providing federal remedies for coercive anticompetitive activities. The authors examine recent Supreme Court interpretations of the Act in light of this legislative policy and …
Union Liability In Fair Representation Suits, Robert Jones
Union Liability In Fair Representation Suits, Robert Jones
Journal Articles
In 1976 Charles V. Bowen, a United States Postal Service employee requested that his union, the American Postal Workers initiate arbitration proceedings to prevent his employer from firing him over an alleged altercation with another employee. After the union refused Bowen sued both the Service for firing him and American Postal Workers for breaching its duty of fair representation. The case reached the U.S. Supreme Court, which held that a union that fails to properly represent an employee illegally fired from his job is liable for a portion of his lost wages. The Bowen decision poses a serious threat to …
Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden
Limitation Of Coverage In Life Insurance--Aviation Clause, Thomas F. Broden
Journal Articles
In Quinones v. Life and Casualty Insurance Co. of Tennessee the Supreme Court of Louisiana recognized the rapid wartime development of the Army-Navy Air Transport Service to a position equalling, if not surpassing commercial airlines. With all of the qualifications of the aviation clauses satisfied there is no reason why the insurance company should not be liable for the principal sum stipulated in the policy.