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Articles 1 - 30 of 47
Full-Text Articles in Law
Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone
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?
Vol. Ix, Tab 46 - Ex. 37 - Expert Report Of Dr. Kent D. Van Liere, Kent Van Liere
Vol. Ix, Tab 46 - Ex. 37 - Expert Report Of Dr. Kent D. Van Liere, Kent Van Liere
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?
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Exempting High-Level Employees And Small Employers From Legislation Invalidating Predispute Employment Arbitration Agreements, E. Gary Spitko
Faculty Publications
On February 12, 2009, lawmakers in the U.S.House of Representatives introduced the "Arbitration Fairness Act of 2009. " This bill, if enacted, will invalidate any predispute arbitration agreement between an employer and its employee. Last year, the 110th Congress considered the narrower "Preservation of Civil Rights Protections Act of 2008, " which would have invalidated such predispute arbitration agreements if they required "arbitration of a dispute arising under" federal civil rights laws. This Article explores how best to structure any such invalidation of predispute employment arbitration agreements, both in light of the rationales for and against regulation of the employment …
Leadership Skills Development Is Lawyer Skills Development, Sandee Magliozzi, Michele L. Bendekovic
Leadership Skills Development Is Lawyer Skills Development, Sandee Magliozzi, Michele L. Bendekovic
Faculty Publications
No abstract provided.
Consumer Interest In Corporate Law, David Yosifon
Consumer Interest In Corporate Law, David Yosifon
Faculty Publications
This Article provides a comprehensive assessment of the consumer interest in dominant theories of the corporation and in the fundamental doctrines of corporate law. In so doing, the Article fills a void in contemporary corporate law scholarship, which has failed to give sustained attention to consumers in favor of exploring the interests of other corporate stakeholders, especially shareholders, creditors, and workers. Utilizing insights derived from the law and behavioralism movement, this Article examines, in particular, the limitations of the shareholder primacy norm at the heart of prevailing "nexus of contracts" and "team production" theories of the firm. The Article concludes …
Vol. Vi, Tab 38 - Ex. 29 - Email From Jason Calhoun, Jason Calhoun
Vol. Vi, Tab 38 - Ex. 29 - Email From Jason Calhoun, Jason Calhoun
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?
Vol. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun
Vol. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun
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?
Vol. Ix, Tab 41 - Ex. 18 - Email From Baris Gultekin And Trademark Report (Google Product Manager Director), Baris Gultekin
Vol. Ix, Tab 41 - Ex. 18 - Email From Baris Gultekin And Trademark Report (Google Product Manager Director), Baris Gultekin
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?
Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia
Vol. Ix, Tab 42 - Ex. 1 - Reporter's Transcript, Motions Hearing, September 18, 2009, United States District Court For The Eastern District Of Virginia
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?
Teaching Torture, Beth Van Schaack, Ron Slye
Teaching Torture, Beth Van Schaack, Ron Slye
Faculty Publications
This chapter, to appear in the 2nd edition of Beth Van Schaack & Ron Slye's International Criminal Law & Its Enforcement (Foundation Press 2010), covers the crime of torture under international criminal law. It begins with a doctrinal discussion of the elements of torture as elucidated in the international criminal law jurisprudence with a focus on cases concerning gender-based violence and sex crimes. It then enables a comparison of this established doctrine with the "torture memos" produced during the administration of President Bush. Using a rich set of Notes, Questions and Problems, the chapter offers a compelling tool for teaching …
Vol. Vi, Tab 38 - Ex. 28 - Email From Christopher Klipple, Christopher Klipple
Vol. Vi, Tab 38 - Ex. 28 - Email From Christopher Klipple, Christopher Klipple
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?
Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman
Eva And Her Baby (A Story Of Adolescent Sex, Pregnancy, Longing, Love, Loneliness, And Death), Michelle Oberman
Faculty Publications
I want to tell you the story of how I've come to see a woman I call Eva. It's more than just Eva's story, which is interesting in itself; it's also my story, puny like a pinky.
The story starts on a frigid February morning in 1992, when my friend Jack, a criminal defense lawyer with a solo-practice in downtown Chicago, called to talk with me about his sixteen-year-old client, Eva, who had hidden her pregnancy from her family and then given birth in a toilet. Her case was going to trial. He had never heard a story like hers. …
The Constitutional Right To A Treaty Preemption Defense, David Sloss
The Constitutional Right To A Treaty Preemption Defense, David Sloss
Faculty Publications
The Constitution includes several provisions specifically designed to protect criminal defendants. For example, the Fourth Amendment prohibits "unreasonable searches and seizures," the Sixth Amendment guarantees that criminal defendants have a right to legal representation, and the Eighth Amendment prohibits cruel and unusual punishments. The Constitution' s Founders recognized that state power is at its apex when the state threatens individuals with criminal sanctions. Accordingly, they adopted special constitutional rules to protect "the individual defendant from the awesome power of the State."
The Due Process Clause provides critical protection for criminal defendants; it stipulates that no State shall "deprive any person …
Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
Heinous, Atrocious, And Cruel: Apprendi, Indeterminate Sentencing, And The Meaning Of Punishment, W. David Ball
Faculty Publications
Under Apprendi v. New Jersey, any fact that increases an offender's maximum punishment must be found by a jury beyond a reasonable doubt. The Apprendi literature has focused on the allocation of power between judge and jury, ignoring entirely the role of the parole board in indeterminate sentences-that is, sentences which terminate in discretionary parole release. In an indeterminate sentence, a judge makes a pronouncement about the length of the prescriptive sentence to be imposed, but the parole board decides the actual sentence that is, in fact, imposed.
In this Article, I explore the Apprendi ramifications of indeterminate sentencing. In …
Vol. Vi, Tab 38 - Ex. 25 - Email From Christopher Klipple, Christopher Klipple
Vol. Vi, Tab 38 - Ex. 25 - Email From Christopher Klipple, Christopher Klipple
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?
Vol. Ix, Tab 41 - Ex. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin
Vol. Ix, Tab 41 - Ex. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin
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?
Vol. Xx, Tab 57 - Ex. 14 - Document Minutes Of A Regular Meeting Of The Disclosure Committee Of Google, 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?
How Will You Thrive In An Uncertain Economy?, Sandee Magliozzi, Susan P. Beneville
How Will You Thrive In An Uncertain Economy?, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
Unmarried Couples And The Mortgage Interest Deduction, Patricia A. Cain
Unmarried Couples And The Mortgage Interest Deduction, Patricia A. Cain
Faculty Publications
On March 13, 2009, the Internal Revenue Service released Chief Counsel Advisory 200911007, concluding that unmarried co-owners of a residence were limited to mortgage interest deductions on $1 million of acquisition indebtedness. CCA 200911007 reasons that the $1 million limit should be applied per residence rather than per taxpayer. This article criticizes the IRS position.
Vol. Viii, Tab 39 - Ex. 4 - Naso News, Google
Vol. Viii, Tab 39 - Ex. 4 - Naso News, 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?
Vol. Ix, Tab 43 - Google Memorandum In Support Of Its Motion To Exclude Expert Report And Opinion Of Dr. Kent Van Liere, 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?
Using Salience And Influence To Narrow The Tax Gap, Susan Morse
Using Salience And Influence To Narrow The Tax Gap, Susan Morse
Faculty Publications
This Article contains five parts. Part I describes the details and limitations of several existing tax-gap-closing approaches relevant to self-employed and small business taxpayers: third-party reporting, audit, whistleblower rewards, and gatekeeper strategies. Part II outlines the concepts of salience and influence and places them in the context of proposals to address or close the tax gap. Part III considers how salience and the influence principle of social proof could improve government messages to taxpayers about taxpaying obligations and audit risks, and to tax preparers about diligence requirements. Part IV outlines strategies based on the influence principles of reciprocity and commitment …
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Faculty Publications
This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …
Vol. Ix, Tab 46 - Ex. 28 - Email From Christopher Klipple (Rosetta Stone Marketing Manager), Christopher Klipple
Vol. Ix, Tab 46 - Ex. 28 - Email From Christopher Klipple (Rosetta Stone Marketing Manager), Christopher Klipple
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?
Vol. Vi, Tab 38 - Ex. 26 - Email From Jason Calhoun, Jason Calhoun
Vol. Vi, Tab 38 - Ex. 26 - Email From Jason Calhoun, Jason Calhoun
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?
Use Coaching To Develop Your Lawyers’ Skills And Expand Your Firm’S Potential, Sandee Magliozzi, Susan P. Beneville
Use Coaching To Develop Your Lawyers’ Skills And Expand Your Firm’S Potential, Sandee Magliozzi, Susan P. Beneville
Faculty Publications
No abstract provided.
Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien
Of Trolls, Davids, Goliaths, And Kings: Narratives And Evidence In The Litigation Of High-Tech Patents, Colleen V. Chien
Faculty Publications
While each patent dispute is unique, most fit the profile of one of a limited number of patent litigation stories. A dispute between an independent inventor and a large company, for instance, is often cast in "David v. Goliath" terms. When two large companies fight over patents, in contrast, they are said to be playing the "sport of kings." Some corporations engage in "defensive patenting" in order to deter others from suing them. Patent licensing and enforcement entities who sue have been labeled "trolls." Finally, observers of the patent system call the use of patent litigation to impose or exploit …
Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property
Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property
Protection of Cultural Property in the Event of Armed Conflict
No abstract provided.
Vol. Ix, Tab 46 - Ex. 2 "New Us Trademark Policy (Barnowl) Update", Google
Vol. Ix, Tab 46 - Ex. 2 "New Us Trademark Policy (Barnowl) Update", 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?
Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google
Vol. Ix, Tab 46 - Ex. 1 "Fair Use Of Trademark Terms In Some Creatives", Google
Rosetta Stone v. Google (Joint Appendix)
No abstract provided.