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Articles 61 - 65 of 65
Full-Text Articles in Law
Where Offenders Pay For Their Crimes: Victim Restitution And Its Constitutionality, Thomas M. Kelly
Where Offenders Pay For Their Crimes: Victim Restitution And Its Constitutionality, Thomas M. Kelly
Notre Dame Law Review
No abstract provided.
Schizophrenia In Federal Judgment Enforcement: Registration Of Foreign Judgments Under 28 U.S.C. #1963, Hershel Shanks
Schizophrenia In Federal Judgment Enforcement: Registration Of Foreign Judgments Under 28 U.S.C. #1963, Hershel Shanks
Notre Dame Law Review
No abstract provided.
The Gentleman In Professional Ethics, Thomas L. Shaffer
The Gentleman In Professional Ethics, Thomas L. Shaffer
Journal Articles
The character of the “gentlemen” has served as a basis for ethics in professionalism. The purpose of this article is to describe the gentleman’s ethics, to explain its implications on the legal profession, to test its adequacy, and to argue that the gentleman’s ethic veered wrong by moving away from its religious tradition. In particular, the author analyzes its adequacy by engaging in four tests including (1) whether the gentleman’s ethic survives conceptions of class and professionalism; (2) whether it provides the skills needed for dealing with power and institutions; (3) whether it takes into account the “tragic nature of …
Antitrust Exemptions For Private Requests For Governmental Action: A Critical Analysis Of The Noerr-Pennington Doctrine, Earl W. Kintner, Joseph P. Bauer
Antitrust Exemptions For Private Requests For Governmental Action: A Critical Analysis Of The Noerr-Pennington Doctrine, Earl W. Kintner, Joseph P. Bauer
Journal Articles
Section 1 of the Sherman Act makes it unlawful for persons to engage in a combination or conspiracy, in restraint of trade. A variety of undertakings by persons seeking legislative action, judicial relief, administrative agency activity, or action by the executive branch of government may result in governmental steps which restrain competitors or diminish competition. Indeed, the very act of seeking governmental intervention, even if unsuccessful, may have adverse competitive effects. Similarly, monopolization or attempts to monopolize, proscribed by Section 2 of the Sherman Act, might actually be advanced by governmental activities or by an individual merely seeking governmental assistance. …
A Federal Law Of Unfair Competition: What Should Be The Reach Of Section 43(A) Of The Lanham Act?, Joseph P. Bauer
A Federal Law Of Unfair Competition: What Should Be The Reach Of Section 43(A) Of The Lanham Act?, Joseph P. Bauer
Journal Articles
Statutes, like human beings, may experience a mid-life crisis. One notable illustration of this phenomenon is Section 43(a) of the Lanham Act of 1946. This provision, offering federal protection to businesses against many forms of unfair competition engaged in by their rivals, has been the subject of varied and inconsistent judicial treatment. Just as with a growing child, the first eight years of this statute's existence were characterized by few lasting achievements.
Then a landmark decision in 1954 recognized and liberated Section 43(a)'s potential. The past two decades have seen an explosion in the kinds of actions brought under this …