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Full-Text Articles in Law

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese Dec 2012

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …


Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier Nov 2012

Fun & Profit: When Commercial Parodies Constitute Copyright Or Trademark Infringement, Tammi A. Gauthier

Pepperdine Law Review

No abstract provided.


Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey Nov 2012

Bankruptcy Law, Hon. Douglas O. Tice Jr., K. Elizabeth Sieg, David W. Gaffey

University of Richmond Law Review

No abstract provided.


A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall Nov 2012

A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Landon C. Davis Iii, Isaac A. Mcbeth, Elizabeth Southall

University of Richmond Law Review

No abstract provided.


The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral Oct 2012

The Eu As An Arctic Power: Analysis Of The Competence Of The Eu In The Arctic By Policy Areas, Armand De Mestral

Dalhousie Law Journal

The European Union is not generally perceived as an Arctic power However, the ever-expanding list of EU competences implies that it will have both an interest in participating in the governance of the Arctic and the authority to do so, should the seven Arctic states agree to make room. This development holds both challenges and opportunities for Canada and other Arctic states. The challenges stem from the factthat the EU will seek topromote the economic interests ofits Member States in resource extraction and freedom of navigation where Canada and Russia, in particular, have asserted strong national policies. The opportunities lie …


The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein Aug 2012

The Use Of Special Needs Trusts In The Settlement Of Personal Injury Cases, Roger M. Bernstein, Margrit S. Bernstein

Marquette Elder's Advisor

This article explores the ins and outs of special needs trusts, which can offer your client improved protection against the loss of public benefits. These narrowly defined, specific trusts can help to avoid disqualification from Medicaid.


Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz Aug 2012

Protecting The Gold In The Golden Years: Practical Guidance For Professionals On Financial Exploitation, Julie A. Lemke, Seymour Moskowitz

Marquette Elder's Advisor

The authors discuss financial exploitation of the elderly from multi-disciplinary viewpoints. The role of attorneys, including conflicts of interest, is explored along with practical prevention tools and remedies. Ways that financial institutions can protect their customers, including bank reporting projects, are investigated. Roles that the clergy, adult protective services, legislatures, and the police can play are discussed and an appendix of elder abuse hotlines is included.


Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue Mar 2012

Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue

University of Richmond Law Review

No abstract provided.


Constitutional Forbearance, A. Christopher Bryant Mar 2012

Constitutional Forbearance, A. Christopher Bryant

University of Richmond Law Review

No abstract provided.


Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr. Mar 2012

Why Virginia's Challenges To The Patient Protection And Affordable Care Act Did Not Invoke Nullification, Robert S. Claiborne Jr.

University of Richmond Law Review

No abstract provided.


Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph Mar 2012

Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph

University of Richmond Law Review

No abstract provided.


The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh Mar 2012

The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.


The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard Mar 2012

The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard

University of Richmond Law Review

No abstract provided.


Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett Mar 2012

Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett

University of Richmond Law Review

No abstract provided.


The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis Jan 2012

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.


The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey Jan 2012

The Problem Of Protection: Rethinking Rhetoric Of Normalizing Surgeries, Amy Falvey

Journal of Feminist Scholarship

This essay focuses on the rhetoric of protection that emerges around infants who face the prospect of normalizing surgeries. Frequently, decisions to proceed with normalizing surgeries are made by doctors and parents with "protection" of the infant as a motivating force. "Protection," in such contexts, typically refers to protection of the infant from the inhospitable world that lies in wait for an individual whose body does not conform to social, morphological, and biological norms. While this concern may be valid and important, this essay argues that there are alternative narratives or notions of protection that must also be acknowledged and …