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Full-Text Articles in Law

Mei-Gsr Holdings, Llc V. Peppermill Casinos, Inc., 134 Nev. Adv. Op. 31 (May 3, 2018), Joseph K. Fabbi May 2018

Mei-Gsr Holdings, Llc V. Peppermill Casinos, Inc., 134 Nev. Adv. Op. 31 (May 3, 2018), Joseph K. Fabbi

Nevada Supreme Court Summaries

The Court held that jury instructions must be aligned with a Nevada statute if the Nevada statute has plain meaning via “facially clear” language. Further, the Court determined there must be discretionary abuse by a district court if an appellate court over rules its decision regarding a motion to amend, a motion to compel discovery, a motion for case concluding sanctions, or a motion in limine regarding evidence. The Court concluded that NRS 600A.060 does not preclude a court from awarding attorney fees via other appropriate statutes.


Territorialization Of The Internet Domain Name System, Marketa Trimble Jan 2018

Territorialization Of The Internet Domain Name System, Marketa Trimble

Scholarly Works

A territorialization of the internet – the linking of the internet to physical geography – is a growing trend. Internet users have become accustomed to the conveniences of localized advertising, have enjoyed location-based services, and have witnessed an increasing use of geolocation and geoblocking tools by service and content providers who – for various reasons – either allow or block access to internet content based on users’ physical locations. This article analyzes whether, and if so how, the territorialization trend has affected the internet Domain Name System (“DNS”). As a hallmark of cyberspace governance that aimed to be detached from …


Geoblocking, Marketa Trimble Jan 2018

Geoblocking, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble delivered her lecture Geoblocking on May 10, 2018 at the Center for Cyber Law & Policy, University of Haifa Faculty of Law, Haifa, Israel.


Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble Jan 2018

Temporary Restraining Orders To Enforce Intellectual Property Rights At Trade Shows: An Empirical Study, Marketa Trimble

Scholarly Works

Infringements of intellectual property (IP) rights by exhibitors at trade shows (also called trade fairs or exhibitions), such as infringements committed through exhibitions of or offers to sell infringing products, can be extremely damaging to IP right owners because of the wide exposure that trade shows provide for infringing IP; the promotion of the infringing IP and the contacts made by infringers at trade shows can facilitate further infringements after a trade show that can be very difficult for IP right owners to prevent. IP right owners therefore seek to obtain emergency injunctive relief to stop trade show infringements immediately—if …


Music Modernization And The Labyrinth Of Streaming, Mary Lafrance Jan 2018

Music Modernization And The Labyrinth Of Streaming, Mary Lafrance

Scholarly Works

The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goodlatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system. At the same time, it creates significant ambiguities and leaves some existing issues unresolved.


Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald Jan 2018

Platform Law And The Brand Enterprise, Sonia K. Katyal, Leah Chan Grinvald

Scholarly Works

The emergence of platforms has transformed the digital economy, reshaping and recasting online transactions within the service industry. This transformation, as many have argued, has created new and unimagined challenges for policymakers and regulators, as well as for traditional, offline companies. Most scholarship examining platforms discuss their impact on employment law or consumer protection. Yet trademark law, which is central to the success of the platform enterprise, has been mostly overlooked within these discussions. To address this gap, this article discusses the emergence of two central forms of platform entrepreneurship-the platform, or "macrobrand" and the platform service provider, or the …