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The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano 2018 Chicago-Kent College of Law

The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano

Chicago-Kent Journal of Intellectual Property

No abstract provided.


May You Live In Interesting Times: Patent Law In The Supreme Court, Seth P. Waxman 2018 Chicago-Kent College of Law

May You Live In Interesting Times: Patent Law In The Supreme Court, Seth P. Waxman

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle 2018 Selected Works

Unpacking Privacy's Price, Jan Whittington, Chris Jay Hoofnagle

Chris Jay Hoofnagle

No abstract provided.


Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer 2018 Boston College Law School

Restoring Trade’S Social Contract, Frank J. Garcia, Timothy Meyer

Frank J. Garcia

As we write, the United States, Canada, and Mexico are meeting in Washington, D.C. to renegotiate the North American Free Trade Agreement (NAFTA). These talks—and their possible failure—represent the biggest shift in U.S. economic policy in a generation. Since NAFTA came into force in 1994, it has transformed the North American economy. NAFTA has made possible continent-wide supply chains, in industries like the auto sector, that have reduced costs and allowed American automakers to remain competitive; it has opened markets for American agriculture; it has greatly increased the standard of living in Mexico; and it has ...


Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza 2018 Pace University

Weird Science! It’S My Creation . . . Is It Really? Or: Crafting A New Universal Trademark Standard For User-Created Avatars, Ryan Esparza

Pace Intellectual Property, Sports & Entertainment Law Forum

In modern trademark law the process of registering a valid trademark is straightforward. In the United States the Lanham Act is the ruling law of trademark law. The Lanham Act grants protection to the owner of a registered mark which is distinctive and used in commerce. Assuming all the requirements are met, the owner of a mark can use the mark within its discretion and enjoy the protection under the Lanham Act. As trademark law has continued to evolve, the law has expanded to protect previously unforeseen categories. The two most obvious examples which demonstrate the evolution of protection under ...


Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier 2018 Pace University

Fair Use And First Amendment: Without Fair Use, What Would You Freely Speak About?, Adam Blaier

Pace Intellectual Property, Sports & Entertainment Law Forum

The question this paper tries to answer is: Without fair use, what would you freely speak about? This paper will seek to demonstrate that the Copyright Clause’s Fair Use doctrine, and the First Amendment are cousins who help each other, rather than enemies sworn to destroy each other as some believe. First I will give a brief overview and history of each doctrine. Next I will speak about three areas where I believe fair use and the First Amendment cross paths extensively. These areas are: (1) school/education; (2) social media and news; and (3) sports images/broadcasting. Finally ...


With Major Professional Sports Franchises On Their Way Into Las Vegas, The Problems With The Professional And Amateur Sports Protection Act (Paspa) Need To Be Addressed, Anthony J. Sanfratello 2018 Pace University

With Major Professional Sports Franchises On Their Way Into Las Vegas, The Problems With The Professional And Amateur Sports Protection Act (Paspa) Need To Be Addressed, Anthony J. Sanfratello

Pace Intellectual Property, Sports & Entertainment Law Forum

This note will set out to prove why PASPA is no longer effective and why reform is needed. With the state of New Jersey leading the fight, change is on the horizon. First, the history of gambling laws in the United States will be covered. Next, the legal and other supplemental arguments for and against PASPA will be discussed. Additionally, the pivotal role that each major professional sports league plays in the arguments for and against reform, with specific focus on professional teams moving to Las Vegas, will be examined. Lastly, the current state of gambling laws in this country ...


Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. McGinty 2018 Pace University

Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty

Pace Intellectual Property, Sports & Entertainment Law Forum

This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase ...


Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas 2018 Pace University

Mechanical Timepieces & Intellectual Property Protection, Nicholas Douglas

Pace Intellectual Property, Sports & Entertainment Law Forum

This article is meant to give you a basic understanding of mechanical timepieces—not just what they are, but how they are different from one another and why that difference is significant. Watches themselves do not need an introduction; they are ubiquitous and have withstood the peaks and troughs of social inequality and have persisted as a commonality between the rich, the poor and the middleclass since the beginning of their mass production in the 19th century. I focus here on the history of watches within the United States because, ultimately, this is a discussion of their legal protection under ...


The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg 2018 Nova Southeastern University

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the ...


The Case For Complicity-Based Religious Accommodations, 2018 University of Tennessee, Knoxville

The Case For Complicity-Based Religious Accommodations

Tennessee Journal of Law and Policy

No abstract provided.


Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma, 2018 University of Tennessee, Knoxville

Judicial Hot Potato: An Analysis Of Bifurcated Courts Of Last Resort In Texas And Oklahoma

Tennessee Journal of Law and Policy

No abstract provided.


A Tribute To Professor Penny White, 2018 University of Tennessee, Knoxville

A Tribute To Professor Penny White

Tennessee Journal of Law and Policy

No abstract provided.


Volume 12, Issue 2 (Winter 2018), 2018 University of Tennessee, Knoxville

Volume 12, Issue 2 (Winter 2018)

Tennessee Journal of Law and Policy

No abstract provided.


The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore 2018 Belmont University

The Due Process Conundrum: Using Mathews V. Eldridge As A Standard For Private Hospitals Under The Health Care Quality Improvement Act, Amy L. Moore

Belmont Law Review

In response to growing litigation between doctors and hospitals and the recalcitrance of some hospitals to initiate proper peer review actions against incompetent or unprofessional doctors, Congress passed the Health Care Quality Immunity Act in 1986. HCQIA provided immunity for hospitals that engaged in peer review, presuming immunity from both federal and state law claims if the hospital had satisfied the statutory safeguards. One of these statutory requirements is “adequate notice and procedures” for the doctors at issue. It is abundantly clear in both the legislative history of HCQIA and the case law surrounding HCQIA immunity that section 11112(a ...


Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman 2018 University of Arkansas, Fayetteville

Improving The Indigent Defense Crisis Through Decriminalization, Bryan Altman

Arkansas Law Review

“The Sixth Amendment stands as a constant admonition that if the constitutional safeguards it provides be lost, justice will not still be done.” The constitutional right to the assistance of counsel in criminal prosecutions is one of the many safeguards contained within the Sixth Amendment designed to protect the fundamental human rights of life and liberty. Unfortunately, for indigent defendants that safeguard of life and liberty operates as a mere platitude today. Stephen Bright, founder of the Southern Center for Human Rights, has bleakly summarized the crisis of indigent defense, noting that while the right to counsel is widely celebrated ...


Civil Society And Cybersurveillance, Andrew McCanse Wright 2018 Savannah Law School

Civil Society And Cybersurveillance, Andrew Mccanse Wright

Arkansas Law Review

There is no such thing as benign surveillance. It always comes with costs because of the chill it visits upon conduct, education, associations, and expression. Government surveillance has been magnified by cybersurveillance in the Digital Age to a degree unimaginable by the Founders of the United States of America.


Zika, Pregnancy, And The Law, Sam F. Halabi 2018 University of Missouri

Zika, Pregnancy, And The Law, Sam F. Halabi

Arkansas Law Review

The public health emergency surrounding the spread of the Zika virus has resurrected and brought into sharp relief some of the most vexing questions surrounding the relationship between pregnancy and law: the appropriate circumstances, if any, in which fetal tissue research is permissible; when and how the government may sponsor statements intended to influence reproductive decisions; and how to balance the health and rights of both women and their unborn children when health threats target both.


The Holding-Dictum Spectrum, Andrew C. Michaels 2018 George Washington University

The Holding-Dictum Spectrum, Andrew C. Michaels

Arkansas Law Review

Presumably, the terms holding and dictum have some objective meaning. One would not say, “I do not agree with this statement, so it is dictum.” One might say, “This statement is dictum, so it is not binding.” So what, then, is dictum? More specifically, to what extent does the breadth of a generalization affect its status as holding or dictum?


Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd 2018 University of Arkansas, Fayetteville

Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd

Arkansas Law Review

Regulation of occupational licensing has garnered national attention. During the last sixty years, the number of occupations regulated by governmental entities has notably increased. As the number of regulated occupations increases, employment opportunities and wages for individuals who cannot afford or otherwise meet licensing requirements decrease.


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