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2009

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Institution
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Articles 1 - 30 of 5515

Full-Text Articles in Law

Beyond Trademark Use, Stacey Dogan Dec 2009

Beyond Trademark Use, Stacey Dogan

Faculty Scholarship

For several years now, the question of “trademark use” has taken center stage in the debate over trademark liability of online intermediaries. Doctrinally, the debate addresses whether the Lanham Act places any limit on the types of “use” of trademarks that can subject one to a claim of infringement. The real conflict, however, has occurred at the normative level: whatever the Lanham Act says or does not say about trademark use, should trademark law limit the definition of infringement to situations in which the defendant has used the mark to brand its own products?

The Second Circuit appears to have ...


Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt Dec 2009

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt

Faculty Scholarship

No abstract provided.


The Pornographic Secondary Effects Doctrine, John Fee Dec 2009

The Pornographic Secondary Effects Doctrine, John Fee

Faculty Scholarship

No abstract provided.


Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen Dec 2009

Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen

Faculty Scholarship

Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population ...


State Of Utah V. John Vernon Cecil : Brief Of Appellee, Utah Court Of Appeals Dec 2009

State Of Utah V. John Vernon Cecil : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from convictions for aggravated assault, criminal mischief, and reckless driving, in the Fifth Judicial District Court of Utah, Washington County, the Honorable G. Rand Beacham presiding.


Albert Holland V. State Of Florida, Lawrence Fox, Susan Reece Dec 2009

Albert Holland V. State Of Florida, Lawrence Fox, Susan Reece

Amicus Briefs

No abstract provided.


Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman Dec 2009

Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.


Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward Dec 2009

Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward

Nevada Supreme Court Summaries

Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.


Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams Dec 2009

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

In The Matter of the Parental Rights as to N.J.,


Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams Dec 2009

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

Dec. 24, 2009


Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni Dec 2009

Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni

Nevada Supreme Court Summaries

An appeal from default judgment stemming from a property dispute ordered by the Family Court Division of the Eighth Judicial District Court


Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers Dec 2009

Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers

Nevada Supreme Court Summaries

Plaintiffs/Appellants appeal from a district court dismissal of their complaint against several pharmacies for wrongful death and personal injury in a common-law negligence and negligence per se action.


Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone Dec 2009

Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone

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?


Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal Dec 2009

Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.


Justifying The Exclusion Of Insurance, Jeffrey H. Kahn Dec 2009

Justifying The Exclusion Of Insurance, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.


Copyright For A Social Species, Robert E. Suggs Dec 2009

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects ...


Tennessee Department Of Safety Vs. One 2000 Chevrolet Cavalier Vin # 1g1jc5245y7298484, Seized From: Karen S. Terry, Seizure Date: April 24, 2009 Claimant: Hwy 22 Auto Sales Dec 2009

Tennessee Department Of Safety Vs. One 2000 Chevrolet Cavalier Vin # 1g1jc5245y7298484, Seized From: Karen S. Terry, Seizure Date: April 24, 2009 Claimant: Hwy 22 Auto Sales

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1999 Ford Taurus Vin: 1fafjp53s4xa302630, Seized From: Deandre Flemmons, Date Of Seizure: March 2, 2009, Claimant: Deandre Flemmons Lien Holder: Pyramid Used Cars Dec 2009

Tennessee Department Of Safety Vs. One 1999 Ford Taurus Vin: 1fafjp53s4xa302630, Seized From: Deandre Flemmons, Date Of Seizure: March 2, 2009, Claimant: Deandre Flemmons Lien Holder: Pyramid Used Cars

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1993 Chevrolet Suburban Vin #1gnfk16k2pj373152, Seized From: Sylvester Hayes, Iii, Seizure Date: May 12, 2009 Claimant: Na Lienholder: Neighborhood Title Loans Dec 2009

Tennessee Department Of Safety Vs. One 1993 Chevrolet Suburban Vin #1gnfk16k2pj373152, Seized From: Sylvester Hayes, Iii, Seizure Date: May 12, 2009 Claimant: Na Lienholder: Neighborhood Title Loans

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2005 Chevrolet Malibu Vin # 1g1nd52f25m241592, Seized From: Darron Johnson, Seizure Date: May 13, 2009 Claimant: Na Lienholder: Drive Financial Services Dec 2009

Tennessee Department Of Safety Vs. One 2005 Chevrolet Malibu Vin # 1g1nd52f25m241592, Seized From: Darron Johnson, Seizure Date: May 13, 2009 Claimant: Na Lienholder: Drive Financial Services

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1997 Buick Park Avenue Vin: 1g4cw52k0v463225, Seized From: Courtney Culp, Date Of Seizure: October 10, 2008, Claimant: Courtney Culp Dec 2009

Tennessee Department Of Safety Vs. One 1997 Buick Park Avenue Vin: 1g4cw52k0v463225, Seized From: Courtney Culp, Date Of Seizure: October 10, 2008, Claimant: Courtney Culp

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1999 Chevrolet Tahoe Vin: 1gnec13r9xj400311, Seized From: Marie Brewer, Date Of Seizure: April 6, 2009, Claimant: Marie Brewer Dec 2009

Tennessee Department Of Safety Vs. One 1999 Chevrolet Tahoe Vin: 1gnec13r9xj400311, Seized From: Marie Brewer, Date Of Seizure: April 6, 2009, Claimant: Marie Brewer

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1998 Dodge Dakota Vin: 1b7fl26p2ws645845, Seized From: John K. Pumphrey, Date Of Seizure: February 18, 2009, Claimant: John K. Pumphrey Dec 2009

Tennessee Department Of Safety Vs. One 1998 Dodge Dakota Vin: 1b7fl26p2ws645845, Seized From: John K. Pumphrey, Date Of Seizure: February 18, 2009, Claimant: John K. Pumphrey

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Interview With David Emery By Mike Hastings, David F. Emery Dec 2009

Interview With David Emery By Mike Hastings, David F. Emery

George J. Mitchell Oral History Project

Biographical Note
David Farnham Emery was born on September 1, 1948, in Rockland, Maine. His father was a bookkeeper, accountant, and golfer (he also played baseball for the University of Pennsylvania), and his mother was a nurse. Both parents served in the military during World War II, his father as a staff sergeant and his mother as an officer. He grew up in a Republican family and attended Worcester Polytechnic Institute in Worcester, Massachusetts from 1967-1970. He was elected to the Maine legislature immediately after graduation, during the Vietnam War. In 1974, he was elected as a U.S. congressman ...


Interview With Tony Buxton By Andrea L’Hommedieu, Anthony 'Tony' W. Buxton Dec 2009

Interview With Tony Buxton By Andrea L’Hommedieu, Anthony 'Tony' W. Buxton

George J. Mitchell Oral History Project

Biographical Note
Anthony “Tony” Wayne Buxton was born in Augusta, Maine, on December 19, 1946, and grew up in Readfield, Maine. His father, Wayne Wilson Buxton, an artist and writer, and his mother, Margaret (Murray) Buxton, an artist and teacher, both came from Philadelphia, Pennsylvania. Tony attended Bowdoin College, being graduated in 1968, then served in the Army from 1968-1970. He received his law degree from Franklin Pierce Law Center in 1978 and began working for the firm Preti, Flaherty, Beliveau & Pachios in 1980. He co-founded the Energy Law Institute. Tony has served on both the Democratic State Committee and the Democratic Party as treasurer and chair. He was heavily involved in several of George Mitchell's political campaigns in 1974, 1982, and 1988.

Summary
Interview includes discussion of: Buxton’s first impressions of Mitchell; Mitchell's run for chair of the Democratic National Committee; Mitchell’s 1974 Maine gubernatorial campaign and the dynamics ...


Tennessee Department Of Safety Vs. One 1979 Chevrolet Rv Vin No.: Cgr3290137775, Seized From: William M. Wilson, Date Of Seizure: March 29, 2009, Claimant: Harold Douglas Bailey, Lien Holder: N/A Dec 2009

Tennessee Department Of Safety Vs. One 1979 Chevrolet Rv Vin No.: Cgr3290137775, Seized From: William M. Wilson, Date Of Seizure: March 29, 2009, Claimant: Harold Douglas Bailey, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2004 Cadillac Escalade Vin No.: 3gyfk66n24g177087, Seized From: Michael E. Carr, Date Of Seizure: April 27, 2009, Claimant: Michael Carr, Lien Holder: Jp Morgan Chase Bank Dec 2009

Tennessee Department Of Safety Vs. One 2004 Cadillac Escalade Vin No.: 3gyfk66n24g177087, Seized From: Michael E. Carr, Date Of Seizure: April 27, 2009, Claimant: Michael Carr, Lien Holder: Jp Morgan Chase Bank

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1997 Toyota Avalon Vin No.: 4t1bf12b8vu207257, Seized From: Raymond Clark, Date Of Seizure: April 13, 2009, Claimant: Tiffany Smith, Lien Holder: N/A Dec 2009

Tennessee Department Of Safety Vs. One 1997 Toyota Avalon Vin No.: 4t1bf12b8vu207257, Seized From: Raymond Clark, Date Of Seizure: April 13, 2009, Claimant: Tiffany Smith, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. U.S. Currency $533.00, One 2000 Chevrolet Suburban Vin No.: 3gnec16t2yg116884, Seized From: Frederick Finley, Date Of Seizure: May 14, 2009, Claimant: Howard O. Finley, Jr., Lien Holder: N/A Dec 2009

Tennessee Department Of Safety Vs. U.S. Currency $533.00, One 2000 Chevrolet Suburban Vin No.: 3gnec16t2yg116884, Seized From: Frederick Finley, Date Of Seizure: May 14, 2009, Claimant: Howard O. Finley, Jr., Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Amy Greer Dec 2009

Amy Greer

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.