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Near Impossible To Enforce At Best, Unconstitutional At Worst: Maryland's Text-Messaging Ban On Drivers Has Gtg, Alan Lazerow 2010 University of Baltimore

Near Impossible To Enforce At Best, Unconstitutional At Worst: Maryland's Text-Messaging Ban On Drivers Has Gtg, Alan Lazerow

Alan Lazerow

While much research has been done on the effects of cell-phone use on driver safety, the issue of text messaging while driving has only recently received due attention. A comprehensive 2008 study concluded the dangers inherent in text messaging while driving are more serious than both alcohol consumption and marijuana use. Armed with such information, in 2009, the Maryland legislature passed a statute, which provides that motorists may not “write or send a text message while operating a motor vehicle in motion . . . .” First, this article argues the statute is near impossible to enforce at best, as police officers are hard-pressed ...


International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter 2010 American University Washington College of Law

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

David B. Hunter

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations. The article addresses ...


The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter 2010 American University Washington College of Law

The Implications Of Climate Change Litigation For International Environmental Law-Making, David B. Hunter

David B. Hunter

Climate advocates are increasingly raising specific climate change concerns before domestic courts, human rights tribunals, international commissions and other national and international decisionmaking bodies. Win or lose, these litigation strategies are significantly changing and enhancing the public dialogue around climate change. This article discusses the awareness-building impacts of climate litigation as well as related impacts such strategies may have on the development of climate law and policy. The article argues that litigation's focus on specific victims facing immediate threats from climate change has increased the political will to address climate change both internationally and nationally. It has also shifted ...


Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak 2010 Google

Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak

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. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google 2010 Santa Clara Law

Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, 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. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer 2010 Google

Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer

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. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso 2010 Google

Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso

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?


A Supreme Paradox Autism And Rowley: Misapplication Of A Judicial Relic To An Unprecedented Social Epidemic, Chad M. Hinson 2010 Attorney, New York Bar

A Supreme Paradox Autism And Rowley: Misapplication Of A Judicial Relic To An Unprecedented Social Epidemic, Chad M. Hinson

Chad M Hinson

A SUPREME PARADOX: AUTISM AND ROWLEY argues that the precipitant rise of autism spectrum disorder was unforseable to the justices who wrote the opinion and thus new factors render the Rowley precedent case law obsolete.


Measuring Business Damages In Fraudulent Inducement Cases, George P. Roach 2010 non

Measuring Business Damages In Fraudulent Inducement Cases, George P. Roach

George P Roach

Measuring Business Damages In Fraudulent Inducement Cases Abstract A cause of action for fraudulent inducement provides for expectancy damages and punitive damages, as well as legal fees and mental anguish in some statutory claims, prompting the Texas Supreme Court to express concern that fraudulent inducement can overwhelm other claims such as breach of contract. Litigation relating to the measure of damages for fraudulent inducement has resulted in a substantial number of cases in which juries, trial courts and courts of appeal are over-ruled or reversed. For example, in the last 30 years, more than two-thirds of the Texas Supreme Court ...


U.S.-China Bilateral Investment Treaty Negotiations, q kong 2010 China University of Political Science and Law

U.S.-China Bilateral Investment Treaty Negotiations, Q Kong

q kong

The growing importance of foreign direct investment (FDI) to U.S.-China relations was highlighted when the U.S.-China Strategic Economic Dialogue (SED) in 2008 mandated the negotiations of a bilateral investment treaty (BIT). Intended to further liberalizing investment policies of either country, the U.S.-China BIT-to-be came at a time of soaring economic tensions between the two economic giants amid global financial crisis. In contrast to the assertive stance of the United States to base the negotiation on the U.S. model BIT, which is most sophisticated and signifies the highest standard for market access and investment ...


Sitting On Your Rights: Why The Statute Of Limitations For Adverse Possession Should Not Protect Couch Potato Future Interest Holders, Stevie J. Barachkov 2010 Thomas M Cooley Law School

Sitting On Your Rights: Why The Statute Of Limitations For Adverse Possession Should Not Protect Couch Potato Future Interest Holders, Stevie J. Barachkov

Stevie J Barachkov

This article suggests that vested future interest holders have legal recourse to remove adverse possessors during the preceding life tenant’s estate. It explores the British and American legal history that engendered modern adverse possession. It provides a survey of the public policy rationales behind adverse possession and an in depth review of its requisite elements. After examining the legal rights of future interest holders in the Fifty States, this article assesses the options for the future interest holder to obtain relief against either the life tenant or the adverse possessor in the form of actions: on the case; to ...


Golden Gate University School Of Law Celebrates Earth Day 2010, 2010 Golden Gate University School of Law

Golden Gate University School Of Law Celebrates Earth Day 2010

Press Releases

No abstract provided.


Department Of Safety Forfeiture Proceeding Vs. One 2000 Nissan Frontier Vin: 1n6ed26y5yc422548, Seized From: Aaron Gant, Seizure Date: 10/29/09, Claimant: Aaron Gant Seizing Agency: Knoxville P.D., Lienholder: None Filed, 2010 University of Tennessee, Knoxville

Department Of Safety Forfeiture Proceeding Vs. One 2000 Nissan Frontier Vin: 1n6ed26y5yc422548, Seized From: Aaron Gant, Seizure Date: 10/29/09, Claimant: Aaron Gant Seizing Agency: Knoxville P.D., Lienholder: None Filed

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1997 Toyota Camry Vin: 4t1bg22k7vu823308, Seized From: Dieter Saegebrecht, Seizure Date: 11/19/09, Claimant: Dieter Saegebrecht Seizing Agency: Knoxville P.D., Lien Holder: None Filed, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1997 Toyota Camry Vin: 4t1bg22k7vu823308, Seized From: Dieter Saegebrecht, Seizure Date: 11/19/09, Claimant: Dieter Saegebrecht Seizing Agency: Knoxville P.D., Lien Holder: None Filed

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Department Of Safety Vs. One 2002 Kawasaki Vulcan 800 Vin: Jkbvncb142b514350, Seized From: John M. Barnes, Date Of Seizure: 10/31/09, Claimant: John M. Barnes Seizing Agency: Knox Co. S. D., Lienholder: None Filed, 2010 University of Tennessee, Knoxville

Department Of Safety Vs. One 2002 Kawasaki Vulcan 800 Vin: Jkbvncb142b514350, Seized From: John M. Barnes, Date Of Seizure: 10/31/09, Claimant: John M. Barnes Seizing Agency: Knox Co. S. D., Lienholder: None Filed

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2000 Mercury Sable Vin No.: 1mefm50u7ya625000, Seized From: Veronica J. Harris, Date Of Seizure: 7/15/09, Claimant: Veronica J. Harris, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2000 Mercury Sable Vin No.: 1mefm50u7ya625000, Seized From: Veronica J. Harris, Date Of Seizure: 7/15/09, Claimant: Veronica J. Harris, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1998 Kawasaki Vin No.: Jkavnda19wb539150, Seized From: David E. Moncrief, Date Of Seizure: 5/21/09, Claimant: David E. Moncrief, Lien Holder: N/A, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1998 Kawasaki Vin No.: Jkavnda19wb539150, Seized From: David E. Moncrief, Date Of Seizure: 5/21/09, Claimant: David E. Moncrief, Lien Holder: N/A

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 2003 Chevrolet Impala Vin No.: 2g1wh52k039185409, Seized From: Akil Payne, Date Of Seizure: February 10, 2009, Claimant: Tara M. Churchman, Lien Holder: Budget Auto Sales, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 2003 Chevrolet Impala Vin No.: 2g1wh52k039185409, Seized From: Akil Payne, Date Of Seizure: February 10, 2009, Claimant: Tara M. Churchman, Lien Holder: Budget Auto Sales

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Tennessee Department Of Safety Vs. One 1999toyota Camry Vin No.: 4t1bg22k4xu555918, Seized From: John A. Buford, Date Of Seizure: 7/9/09, Claimant: Stacy Buford, Lien Holder: Tennessee Title Loans, 2010 University of Tennessee, Knoxville

Tennessee Department Of Safety Vs. One 1999toyota Camry Vin No.: 4t1bg22k4xu555918, Seized From: John A. Buford, Date Of Seizure: 7/9/09, Claimant: Stacy Buford, Lien Holder: Tennessee Title Loans

Tennessee Department of State, Opinions from the Administrative Procedures Division

No abstract provided.


Conkright V. Frommert, Don Bogan, Paul Secuda 2010 University of Oklahoma Norman Campus

Conkright V. Frommert, Don Bogan, Paul Secuda

Donald T. Bogan

No abstract provided.


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