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Full-Text Articles in Law

Fuzzy Logic And Corporate Governance Theories, Z. Jill Barclift Dec 2007

Fuzzy Logic And Corporate Governance Theories, Z. Jill Barclift

The University of New Hampshire Law Review

[Excerpt] “Fuzzy logic is a theory that categorizes concepts or things belonging to more than one group. A methodology that explains how things function in multiple groups (not fully in one group or another) offers advantages when no one definition or membership in a group accounts for belonging to multiple groups. The principal/agent model of corporate governance has some characteristics of fuzzy logic theory.

Under traditional agency theory of corporate governance, shareholders, directors, and senior corporate officers each belong to groups having multiple attributes. In the principal/agent model of corporate governance, shareholders are owners or principals; directors are shareholders and …


The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt Dec 2007

The Grand Bargain: Revitalizing Labor Through Nlra Reform And Radical Workplace Relations, Michael M. Oswalt

Duke Law Journal

No abstract provided.


Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle Nov 2007

Citing The Elite: The Burden Of Authorial Anxiety, Shane Tintle

Duke Law Journal

Academic legal writing is known for extensive citation. Generally, scholars who study citation practices are increasingly likely to link citation with authors' attempts to manage their impression. This Note offers an explanation of why authors of law review articles use citation as a means of managing impression. It combines a historical analysis that shows why excessive citation became conventional with a literary analysis that shows why excessive citation was unique in its ability to aid academics in substantively contributing to the bench and bar. It further shows how, because of the historic and literary significance of citation, a norm compelling …


Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva Jul 2007

Indigenizing Water Law In The 21st Century: Na Moku Aupuni O Ko’Olau Hui, A Native Hawaiian Case Study, Summer Sylva

Cornell Journal of Law and Public Policy

No abstract provided.


The Value Of Water And The Meaning Of Water Law For The Native Americans Known As The Haudenosaunee, Joyce Tekahnawiiaks King Jul 2007

The Value Of Water And The Meaning Of Water Law For The Native Americans Known As The Haudenosaunee, Joyce Tekahnawiiaks King

Cornell Journal of Law and Public Policy

No abstract provided.


Putting Regulation Before Responsibility: Towards Binding Norms Of Corporate Social Responsibility, Thomas Mcinerney Jan 2007

Putting Regulation Before Responsibility: Towards Binding Norms Of Corporate Social Responsibility, Thomas Mcinerney

Cornell International Law Journal

No abstract provided.


Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman Jan 2007

Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Even though reference to the modem framework of ocean governance begins with the 1982 United Nations Convention on the Law of the Sea (UNCLOS),' it certainly does not end there.


Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz Jan 2007

Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins Jan 2007

Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins

Northwestern Journal of Technology and Intellectual Property

Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …


National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo Jan 2007

National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho Jan 2007

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa Jan 2007

Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour Jan 2007

Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford Jan 2007

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten Jan 2007

Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Overcoming The Achilles Heel Of Copyright Law, Haochen Sun Jan 2007

Overcoming The Achilles Heel Of Copyright Law, Haochen Sun

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy Jan 2007

The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt Jan 2007

Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski Jan 2007

Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis Jan 2007

The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh Jan 2007

Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh

Northwestern Journal of Technology and Intellectual Property

This article argues that the global intellectual property rights regime will affect the economic growth prospects of developing countries. The trade-related aspects of intellectual property rights (TRIPS) provisions under the WTO articles will eventually cover all of its member countries, currently at around 150 and representing 95% of world trade. It is a significant change in the global legal system with implications for economic growth. One of the key mechanisms generating convergence in global economic growth rates is the transfer of technology from developed to developing countries. According to the neoclassical models of growth, technology is embodied within the capital …


What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng Jan 2007

What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh Jan 2007

Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera Jan 2007

Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Duty To Disclose Patent Rights, Richard M. Lebovitz Jan 2007

The Duty To Disclose Patent Rights, Richard M. Lebovitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian Jan 2007

Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart Jan 2007

Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D. Jan 2007

Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Should Fashion Design Be Copyrightable?, Brandon Scruggs Jan 2007

Should Fashion Design Be Copyrightable?, Brandon Scruggs

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck Jan 2007

Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck

Northwestern Journal of Technology and Intellectual Property

No abstract provided.