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Full-Text Articles in Law

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google Apr 2004

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Smart Growth For Community Development, Wendy Collins Perdue Jan 2004

Smart Growth For Community Development, Wendy Collins Perdue

Law Faculty Publications

The built environment has a profound effect on public health. For instance, community transportation policy influences pollution levels, which in turn contribute to levels of illness and death. The panelists for this session elaborate on this concept with perspectives drawn from varied experiences.


Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr. Jan 2004

Tools, Not Rules: The Heuristic Nature Of Statutory Interpretation, Morell E. Mullins Sr.

Faculty Scholarship

No abstract provided.


The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni Jan 2004

The Noxious Weeds Act 1993 (Nsw) – Balancing People, Planet And Profit?, E. Arcioni

Faculty of Law - Papers (Archive)

Does the legislative system of weeds management in NSW balance the interests of people, planet and profit? Weeds pose a threat to agriculture, human health and the natural environment and therefore require management to address those threats. Such management is challenged by the need to balance the negative effects of weeds on a variety of interests with the financial costs and detrimental side-effects of the weed management itself. The central legal element of the weed management system in New South Wales is the Noxious Weeds Act 1993 (NSW). The Act cannot be considered in isolation. It must be considered in …


On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis Jan 2004

On Preemption, Congressional Intent, And Conflict Of Laws, Mary J. Davis

Law Faculty Scholarly Articles

Conflicts scholars and jurists for centuries have sought an answer to the question of "what law controls?" by balancing a number of considerations. Chief among those considerations are the legitimate political and policy concerns of conflicting sovereigns. This article analyzes the Supreme Court's recent preemption decisions with an understanding of these theories and their underlying considerations. That analysis reveals that the Court's recent preemption decisions incorporate two modem conflict of laws theories: Governmental Interest Analysis and its corollary, Comparative Impairment. Each of these theories builds on the notion that a choice of law analysis should be motivated by selecting the …


The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer Jan 2004

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …