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Vol. Vii, Tab 38 - Ex. 55 - Chen Deposition (Google Trademark Counsel), Terri Chen 2010 Google

Vol. Vii, Tab 38 - Ex. 55 - Chen Deposition (Google Trademark Counsel), Terri Chen

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?


The Uniport Saga And Appointment Of Vice Chancellors, Ondotimi Songi 2010 CEPMLP, University of Dundee

The Uniport Saga And Appointment Of Vice Chancellors, Ondotimi Songi

Ondotimi Songi

The article looks at the regime for the appointment of Vice-Chancellors in Federal Universities in Nigeria following the politicisation of the process and the resultant conflicts. it is suggested that as a way to end or minimise these VC appointment-related conflicts, it is time the Universities (Miscellaneous Provisions) (Amendment) Act 2003 be further reviewed or amended to adequately and expressly state guidelines for appointment of a VC as there are growing and profound fears in leaving or throwing the guidelines to the Governing Council. This should be done with a view to upholding the principle of merit contained in the ...


Consumer Use And Government Regulation Of Title Pledge Lending, Todd J. Zywicki 2010 George Mason University School of Law

Consumer Use And Government Regulation Of Title Pledge Lending, Todd J. Zywicki

Todd J. Zywicki

Recent years have seen growth in the use of certain types of nontraditional lending products, such as payday lending and auto title lending, and a relative decline of others, such as finance companies and pawnbrokers. Congress is currently considering major new regulations on short-term lending products, such as title lending, that could produce their demise—even though there is no evidence that such products were related in any way to the financial crisis.

This study examines the question of who uses title pledge lending and why. The results are surprising. I find that title pledge lending is used predominantly by ...


Credit Bidding And The Design Of Bankruptcy Auctions, Vincent S. J. Buccola, Ashley C. Keller 2010 University of Chicago

Credit Bidding And The Design Of Bankruptcy Auctions, Vincent S. J. Buccola, Ashley C. Keller

Vincent S. J. Buccola

Now that most chapter 11 “reorganizations” are glorified asset sales in which the debtor uses bankruptcy to prepare itself for auction, the design of sale procedures has become a paramount concern to bankruptcy practitioners and courts. Among the choices they face is whether — and if so, how — to permit credit bidding, the practice of offsetting the value of a creditor’s claim against the purchase price of the debtor’s assets. This paper shows that credit bidding tends to augment, and cannot depress, total creditor recoveries, and we therefore conclude that it should be a mandatory feature of bankruptcy auctions ...


Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, Steven J. Andre 2010 Law Office of Steven J. Andre

Does Ccp 917.1 Require An Undertaking To Stay A “Costs Only” Judgment ?, Steven J. Andre

Steven J. Andre

No abstract provided.


Toward A New Law And Economics: The Case Of The Stock Market, Lawrence E. Mitchell 2010 George Washington University

Toward A New Law And Economics: The Case Of The Stock Market, Lawrence E. Mitchell

Lawrence E. Mitchell

Toward a New Law and Economics: The Case of the Stock Market

Abstract

Do the public equity markets play the macroeconomic role we believe them to play? What is the relationship between the U.S. public equity markets and American economic growth? What do these conclusions teach us about the approaches we take and should take in evaluating and designing the laws of corporate governance and securities regulation?

The law and economics paradigm of the last forty years may be mistaken in assuming that economic efficiency on an individual (or institutional) level is sufficient to ensure economic welfare on a ...


Network Neutrality Over The Top: Why The Fcc Should Not Try To Establish Rules Affecting Internet Content And Applications Providers, Rob M. Frieden 2010 Penn State University

Network Neutrality Over The Top: Why The Fcc Should Not Try To Establish Rules Affecting Internet Content And Applications Providers, Rob M. Frieden

Rob Frieden

The Federal Communications Commission (“FCC”) has issued a Notice of Proposed Rulemaking (“NPRM”) that would codify rules aiming to preserve a free and open Internet for consumers. The NPRM appropriately concentrates on preventing broadband Internet access providers (“IAPs”) from acting as gatekeepers between end-users and online content and application providers. However, the NPRM does invite comments on a proposal of AT&T that openness principles be applied to Internet content and application providers. This article strongly opposes AT&T’s imitative as both unlawful and unwise. The FCC’s appropriate concern about end user access to the Internet via IAPs ...


Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott 2010 Indiana University Maurer School of Law - Bloomington

Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott

Ryan W. Scott

A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal ...


Specialized Courts For Terrorism Trials, Sudha Setty 2010 Western New England College School of Law

Specialized Courts For Terrorism Trials, Sudha Setty

Sudha Setty

On the campaign trail in 2008, presidential candidate and then-Senator Barack Obama promised to restore America’s place in the world by breaking with many of the national security policies put into effect by President George W. Bush. In January 2009, President Obama made numerous changes to United States foreign policy, including signing an executive order to close the prison at Guantanamo Bay, Cuba and announcing that the United States would not engage in interrogation techniques that constitute torture. In some aspects of national security law and policy, however, Obama has followed the example of President Bush—for example, in ...


Vol. Viii, Tab 38 - Ex. 69 - Ninov Deposition (Rosetta Vice-President Strategic Research And Analysis), Nino Ninov 2010 Rosetta Stone

Vol. Viii, Tab 38 - Ex. 69 - Ninov Deposition (Rosetta Vice-President Strategic Research And Analysis), Nino Ninov

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?


Bridgett M. J7093 Diamond2002 Toyota Camry V.I.N. 4t1be32k92u617754, Seized From: Bridgett M. Diamond, Seizure Date: August 19, 2009, Claimant: Bridgett M. Diamond, 2010 University of Tennessee, Knoxville

Bridgett M. J7093 Diamond2002 Toyota Camry V.I.N. 4t1be32k92u617754, Seized From: Bridgett M. Diamond, Seizure Date: August 19, 2009, Claimant: Bridgett M. Diamond

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


British Sex And The Modern-Day 'Slave Trade', Judith Reisman 2010 Liberty University School of Law

British Sex And The Modern-Day 'Slave Trade', Judith Reisman

Judith A. Reisman

No abstract provided.


The Fox And The Ostrich: Is Gaap A Game Of Winks And Nods?, Arthur Acevedo 2010 John Marshall Law School

The Fox And The Ostrich: Is Gaap A Game Of Winks And Nods?, Arthur Acevedo

Arthur Acevedo

Abstract: The fox is frequently described as sly, cunning and calculating in world literature. It is often associated with behavior that seeks advantage through trickery and pretext. The ostrich on the other hand, has been portrayed as cowardly and irrational. Its character defect is epitomized when it sticks its head in the sand at the first sign of trouble. The Financial Accounting Standards Board (FASB) can be described as the fox; the Securities Exchange Commission (SEC), the ostrich. This article examines the creation of accounting principles by the fox and the failure to govern by the ostrich. History demonstrates that ...


Copyrighting "Twilight": Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton 2010 Case Western Reserve University School of Law

Copyrighting "Twilight": Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton

Jacqueline D Lipton

In January of 2010 a United States District Court granted an injunction against a Twilight fan magazine for unauthorized use of copyrighted publicity stills . No surprise there. Intellectual property laws deal effectively – some would argue too effectively – with such cases. Nevertheless, recent Web 2.0 technologies, characterized by user-generated content, raise new challenges for copyright law. Online interactions involving reproductions of copyrighted works in blogs, online fan fiction, and online social networks do not comfortably fit existing copyright paradigms. It is unclear whether participants in Web 2.0 forums are creating derivative works, making legitimate fair uses of copyright works ...


The Probative Function Of Punishment: Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel 2010 Duke University School of Law

The Probative Function Of Punishment: Criminal Sanctions In The Defense Of The Innocent, Ehud Guttel

Ehud Guttel

Under the formal procedural rules, factfinders are required to apply a uniform standard of proof in all criminal cases. Experimental studies as well as real world examples indicate, however, that factfinders often adjust the evidentiary threshold for conviction in accordance with the severity of the applicable sanction. All things being equal, the higher the sanction, the higher the standard of proof factfinders will apply in order to convict. Building on this insight, this Article introduces a new paradigm for criminal punishments—a paradigm that focuses on designing penalties that will reduce the risk of unsubstantiated convictions. By setting mandatory penalties ...


Allocating Power Between Courts And Arbitrators - And Why Scholars Of Federal Courts Should Care, Aaron-Andrew P. Bruhl 2010 William & Mary Law School

Allocating Power Between Courts And Arbitrators - And Why Scholars Of Federal Courts Should Care, Aaron-Andrew P. Bruhl

Popular Media

No abstract provided.


Tennessee Department Of Children’S Services Vs. Edward Dewayne Simmons, Grievant, 2010 University of Tennessee, Knoxville

Tennessee Department Of Children’S Services Vs. Edward Dewayne Simmons, Grievant

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. $1,800.00 In U.S. Currency, Seized From: Charles Green, Seizure Date: December 31, 2008, Claimant: Charles Green Seizing Agency: Marion Co. S.D, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. $1,800.00 In U.S. Currency, Seized From: Charles Green, Seizure Date: December 31, 2008, Claimant: Charles Green Seizing Agency: Marion Co. S.D

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1982 Chevrolet Truck Vin: 1gcek14h4cf312507, Seized From: Anthony Cook, Seizure Date: 6/5/09, Claimant: Anthony Cookseizing Agency: Mcminn Co S.D., Lien Holder: None Filed, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1982 Chevrolet Truck Vin: 1gcek14h4cf312507, Seized From: Anthony Cook, Seizure Date: 6/5/09, Claimant: Anthony Cookseizing Agency: Mcminn Co S.D., Lien Holder: None Filed

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Vol. Ix, Tab 42 - Ex. 2 - Van Leigh Deposition (Rosetta Director Online Marketing), Van Leigh 2010 Rosetta Stone

Vol. Ix, Tab 42 - Ex. 2 - Van Leigh Deposition (Rosetta Director Online Marketing), Van Leigh

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?


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