Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 71

Full-Text Articles in Law

The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley Oct 2016

The Biotechnology Process Patent Act Of 1995: Providing Unresolved And Unrecognized Dilemmas In U.S. Patent Law, Becca Alley

Journal of Intellectual Property Law

No abstract provided.


There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb Oct 2016

There Is A Better Way: It's Time To Overhaul The Model For Participation In Private Standard-Setting, Robert M. Webb

Journal of Intellectual Property Law

No abstract provided.


Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance Oct 2016

Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance

Journal of Intellectual Property Law

No abstract provided.


Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure Oct 2016

Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure

University of Arkansas at Little Rock Law Review

No abstract provided.


Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott Sep 2016

Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott

Journal of Intellectual Property Law

No abstract provided.


Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers Sep 2016

Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers

Journal of Intellectual Property Law

No abstract provided.


Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith Sep 2016

Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith

Journal of Intellectual Property Law

No abstract provided.


We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton Sep 2016

We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton

Journal of Intellectual Property Law

No abstract provided.


Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey Sep 2016

Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey

Journal of Intellectual Property Law

No abstract provided.


Rules For Radicals: A Politics Of Patent Law, Kali N. Murray Sep 2016

Rules For Radicals: A Politics Of Patent Law, Kali N. Murray

Journal of Intellectual Property Law

No abstract provided.


Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love Sep 2016

Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love

Journal of Intellectual Property Law

No abstract provided.


State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett Sep 2016

State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett

Journal of Intellectual Property Law

No abstract provided.


Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard Sep 2016

Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard

Journal of Intellectual Property Law

No abstract provided.


A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith Sep 2016

A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith

Journal of Intellectual Property Law

No abstract provided.


Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts Sep 2016

Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts

Journal of Intellectual Property Law

No abstract provided.


Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson Jun 2016

Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson

Journal of Intellectual Property Law

No abstract provided.


Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker Jun 2016

Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker

Journal of Intellectual Property Law

No abstract provided.


Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler Jun 2016

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Journal of Intellectual Property Law

No abstract provided.


Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins Jun 2016

Impeding Access To Quality Patient Care And Patient Rights: How Myriad Genetics' Gene Patents Are Unknowingly Killing Cancer Patients And How To Calm The Ripple Effect, Marisa Noelle Pins

Journal of Intellectual Property Law

No abstract provided.


An Alternate Functionality Reality, Harold R. Weinberg Jun 2016

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its judicial …


An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos May 2016

An Analysis Of Austin Lawyers Guild V. Securus Technologies, Inc.: The Constitutional And Ethical Implications Of Using Illegally Recorded Attorney–Client Telephone Conversations As Derivative Evidence, Christina Santos

St. Mary's Journal on Legal Malpractice & Ethics

For the justice system to operate effectively, privileged communications between an attorney and his or her client should be afforded the utmost and strictest protections. Intrusion by law enforcement upon these communications severely diminishes the confidence and candor needed in the attorney-client relationship. Although the United States Supreme Court recognizes prosecutorial immunity and generally leaves prosecutorial discipline to state bar authorities, the Court has long held that the attorney-client privilege is needed for attorneys to effectively advocate on behalf of their clients.

Austin Lawyers Guild v. Securus Technologies, Inc., a civil class-action lawsuit, is currently pending before the United …


Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin Apr 2016

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Journal of Intellectual Property Law

No abstract provided.


A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis Apr 2016

A New Technology Question Of Olympic Proportions: Should Nbc's License To Broadcast The Games Include Internet Broadcasting Rights?, Brandi Barnes Kellis

Journal of Intellectual Property Law

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2016

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Journal of Intellectual Property Law

No abstract provided.


Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender Apr 2016

Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender

Journal of Intellectual Property Law

No abstract provided.


Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster Apr 2016

Extrinsic Evidence In Patent Claim Interpretation: Understanding The Post-Markman Confusion, Karl Koster

Journal of Intellectual Property Law

No abstract provided.


Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson Apr 2016

Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson

Journal of Intellectual Property Law

No abstract provided.


Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr Apr 2016

Java: An Innovation In Software Development And A Dilemma In Copyright Law, Michael P. Doerr

Journal of Intellectual Property Law

No abstract provided.


State Street Bank & Trust Co. V. Signature Financial Group, Inc.: Ought The Mathematical Algorithm And Business Method Exceptions Return To Business As Usual?, Claus D. Melarti Apr 2016

State Street Bank & Trust Co. V. Signature Financial Group, Inc.: Ought The Mathematical Algorithm And Business Method Exceptions Return To Business As Usual?, Claus D. Melarti

Journal of Intellectual Property Law

No abstract provided.


Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii Apr 2016

Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii

Journal of Intellectual Property Law

No abstract provided.