Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Curt Flood Act (8)
- MLB (8)
- Antitrust (7)
- Patent (7)
- Scholarships (4)
-
- Antitrust exemption (3)
- Collective bargaining (3)
- NCAA (3)
- Athletes (2)
- Athletic reform (2)
- Collegiate sport (2)
- Intercollegiate athletics (2)
- Major League Baseball Players Association (2)
- NBA (2)
- Professional sports (2)
- Title IX (2)
- 35 U.S.C. § 287(c) (1)
- ADR (1)
- African Americans (1)
- Alternative Dispute Resolution (1)
- Amateur (1)
- Amateurism rules (1)
- American League (1)
- Antitrust laws (1)
- Appellate Review (1)
- Baseball (1)
- Bayh-Doyle Act of 1980 (1)
- Biotechnology (1)
- Bright Line Rule (1)
- Budgets (1)
Articles 1 - 30 of 77
Full-Text Articles in Law
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
The Economics Of Sports Leagues - The Chicago Bulls Case, Franklin M. Fisher, Christopher Maxwell, Evan Sue Schouten
Marquette Sports Law Review
No abstract provided.
Book Review: College Athletes For Hire: The Evolution And Legacy Of The Ncaa's Amateur Myth, John T. Wolohan
Book Review: College Athletes For Hire: The Evolution And Legacy Of The Ncaa's Amateur Myth, John T. Wolohan
Marquette Sports Law Review
No abstract provided.
Book Review: Unpaid Professionals: Commercialism And Conflict In Big-Time College Sports, Michael J. Mondello
Book Review: Unpaid Professionals: Commercialism And Conflict In Big-Time College Sports, Michael J. Mondello
Marquette Sports Law Review
No abstract provided.
Dedicated To Joseph E. Tierney, Jr. (1917-1999), Charles I. Henderson
Dedicated To Joseph E. Tierney, Jr. (1917-1999), Charles I. Henderson
Marquette Sports Law Review
No abstract provided.
The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum
The Supreme Court And Patent Law: Does Shallow Reasoning Lead To Thin Law, Donald S. Chisum
Marquette Intellectual Property Law Review
Professor Chisum explains that the role of the Federal Circuit Court as the "Supreme Court" of patent law may be changing. He notes the significance of recent United States Supreme Court cases addressing patent law issues. In addition, Professor Chisum evaluates the quality of recent landmark decisions in which the Court has examined patent issues. Chisum first notes that the general attitude of the Court reflects skepticism and hostility toward the patent system. In addition, Chisum considers the quality of reasoning undertaken by the Supreme Court and argues that, as opposed to the Federal Circuit, it is often weak, illogical, …
Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter
Is This Conflict Really Necessary?: Resolving An Ostensible Conflict Between Patent Law And Federal Trademark Law, Thomas F. Cotter
Marquette Intellectual Property Law Review
Professor Cotter discusses the inherent conflict between patent and trademark law in product configuration - a species of trade dress - that is disclosed within the text of a utility patent or on which the claims of a utility patent read. Commentators have disagreed as to whether or not such disclosed features should enter the public domain upon expiration of the patent, regardless of whether they would otherwise qualify for trademark protection. Professor Cotter illustrates why the conventional belief that patents are monopolies is, in general, false. He then provides a brief overview of relevant trademark law principles. Professor next …
Using Alternative Dispute Resolution To Resolve Patent Litigation: A Survey Of Patent Litigators , Eugene R. Quinn, Jr.
Using Alternative Dispute Resolution To Resolve Patent Litigation: A Survey Of Patent Litigators , Eugene R. Quinn, Jr.
Marquette Intellectual Property Law Review
Mr. Quinn provides an empirical overview of patent litigation, after which, he notes that the true growth in patent litigation has not occurred in the courtroom trial of disputes, but in the pretrial process. He concludes that increasing reliance on alternative dispute resolution, particularly mediation, is responsible for both the dramatic number of cases terminating during the pretrial process and the constant number of patent trials. The author reports the results of a survey taken of over one hundred patent litigators. The focus of the survey was to determine the attitude of patent litigators toward mediation or arbitration and their …
A Right Without A Remedy: The Unenforceable Medical Procedure Patent , Scott D. Anderson
A Right Without A Remedy: The Unenforceable Medical Procedure Patent , Scott D. Anderson
Marquette Intellectual Property Law Review
Mr. Anderson discusses the current status of medical procedure patents in the United States through the examination of a survey conducted on patent law and the patentability of inventions. Mr. Anderson examines the history of medical process patents and the controversy surrounding such patents and offers an analysis of current law. The analysis focuses on the Pallin v. Singer decision and the congressional reaction to the holding that eventually led to the passage of 35 U.S.C. § 287(c). As a result of the Pallin decision and 35 U.S.C. § 287(c), a patent may be granted for a medical procedure, but …
March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle
March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle
Marquette Intellectual Property Law Review
Ms. Eberle examines the Bayh-Doyle Act of 1980, which allows small entities to retain patent title to inventions arising from federally funded research. The Act includes a march-in rights provision, which permits a petitioning third party to force the small entity to grant the petitioner a license where the original licensee fails to commercialize the technology. Ms. Eberle discusses the substance of the Act, focusing on its march-in rights provision. Next, Eberle chronicles a march-in rights attempt by the biotechnology company CellPro to obtain a license to Johns Hopkins University patents and the subsequent court battle. After offering an analysis …
Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli
Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli
Marquette Intellectual Property Law Review
Markman v. Westview Instruments, Inc. (Markman II) concluded that patent claim construction is "exclusively within the province of the court," not the jury. However, it did not mention the appropriate standard for appellate review of claim construction, and the Federal Circuit has disagreed on the proper standard of review. As such, Mr. Staheli examines the evidentiary principles of claim construction adopted by the Federal Circuit and explores the inherent reliance a court places upon technical evidence when interpreting a complex claim, focusing on the factual disputes and determinations of credibility that result from a dependence on technical evidence. After a …
The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger
The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger
Marquette Intellectual Property Law Review
Under the holding of Warner-Jenkinson Co. v. Hilton-Davis Chemical Co., a court will not limit an inventor to the sole remedy of literal infringement. The inventor may also rely on the "doctrine of equivalents," which permits finding of infringement if there is equivalence between the elements of the accused product and the claimed elements of the patented invention. With this backdrop, Mr. Kryger analyzes the courts' struggle in developing a bright-line rule to protect patentees from piracy and fraud on their patents. Mr. Kryger first chronicles the evolution of the doctrine of equivalents through caselaw, particularly Graver Tank v. Linde …
Intercollegiate Athletics In The Next Millennium: A Framework For Evaluating Reform Proposals, Timothy Davis
Intercollegiate Athletics In The Next Millennium: A Framework For Evaluating Reform Proposals, Timothy Davis
Marquette Sports Law Review
No abstract provided.
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Ali To Flood To Marshall: The Most Triumphant Of Words, Alfred Dennis Mathewson
Marquette Sports Law Review
No abstract provided.
The Latest Revenue Generator: Stock Sales By Professional Sports Franchises, Scott C. Lascari
The Latest Revenue Generator: Stock Sales By Professional Sports Franchises, Scott C. Lascari
Marquette Sports Law Review
No abstract provided.
Gaining Entry: The New O And P Categories For Nonimmigrant Alien Athletes, Amy E. Worden
Gaining Entry: The New O And P Categories For Nonimmigrant Alien Athletes, Amy E. Worden
Marquette Sports Law Review
No abstract provided.
The Professional Athlete's Right Of Publicity, Laura Lee Stapleton, Matt Mcmurphy
The Professional Athlete's Right Of Publicity, Laura Lee Stapleton, Matt Mcmurphy
Marquette Sports Law Review
No abstract provided.
Reply To Sack And Staurowsky, Timothy Davis
Reply To Sack And Staurowsky, Timothy Davis
Marquette Sports Law Review
No abstract provided.
The Legal Duty Of A College Athletics Department To Athletes With Eating Disorders: A Risk Management Perspective, Barbara Bickford
The Legal Duty Of A College Athletics Department To Athletes With Eating Disorders: A Risk Management Perspective, Barbara Bickford
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals
Index: Sports Law In Law Reviews And Journals
Marquette Sports Law Review
No abstract provided.
Globalizing Sports Law, James A.R. Nafziger
Globalizing Sports Law, James A.R. Nafziger
Marquette Sports Law Review
No abstract provided.
Race Matters In The National Basketball Association, Earl Smith
Race Matters In The National Basketball Association, Earl Smith
Marquette Sports Law Review
No abstract provided.
Title Ix And The Scholarship Dilemma, B. Glenn George
Title Ix And The Scholarship Dilemma, B. Glenn George
Marquette Sports Law Review
No abstract provided.
Before The Flood: The History Of Baseball's Antitrust Exemption, Roger I. Abrams
Before The Flood: The History Of Baseball's Antitrust Exemption, Roger I. Abrams
Marquette Sports Law Review
No abstract provided.
The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds
The Curt Flood Act Of 1998: A Hollow Gesture After All These Years?, Edmund P. Edmonds
Marquette Sports Law Review
No abstract provided.
The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan
The Curt Flood Act Of 1998: The Players' Perspective, Marianne Mcgettigan
Marquette Sports Law Review
No abstract provided.
The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan
The Curt Flood Act Of 1998 And Major League Baseball's Federal Antitrust Exemption, John T. Wolohan
Marquette Sports Law Review
No abstract provided.
Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton
Why Baseball's Antitrust Exemption Still Survives, J. Gordon Hylton
Marquette Sports Law Review
No abstract provided.