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Pay Per Click: Keyword Advertising And The Search For Limitations Of Online Trademark Infringement Liability, Thomas H. Watson 2011 Case Western Reserve University School of Law

Pay Per Click: Keyword Advertising And The Search For Limitations Of Online Trademark Infringement Liability, Thomas H. Watson

Journal of Law, Technology, & the Internet

No abstract provided.


Masthead, Volume 2 Issue 2 (2011) 2011 Case Western Reserve University School of Law

Masthead, Volume 2 Issue 2 (2011)

Journal of Law, Technology, & the Internet

No abstract provided.


Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst 2011 Case Western Reserve University School of Law

Short-Sighted Value Of Inefficiency: Why We Should Mind The Gap In The Reimbursement Of Outpatient Prescription Drugs, The, Jennifer L. Herbst

Journal of Law, Technology, & the Internet

No abstract provided.


The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson 2011 Case Western Reserve University School of Law

The Rise Of The Producer-Novelist: Shifting Perceptions Of Authorship In Transmedia Publishing, Michael Jon Anderson

Journal of Law, Technology, & the Internet

No abstract provided.


Volume 2 Issue 2 (2011), Case Western Reserve Journal of Law, Technology & the Internet 2011 Case Western Reserve University School of Law

Volume 2 Issue 2 (2011), Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.


Protect America By Being Unique: How Changes In Biometric Data Collection Procedures Can Improve Us-Visit, Mark Skerry 2011 Case Western Reserve University School of Law

Protect America By Being Unique: How Changes In Biometric Data Collection Procedures Can Improve Us-Visit, Mark Skerry

Journal of Law, Technology, & the Internet

No abstract provided.


Masthead, Volume 3 Issue 1 (2011) 2011 Case Western Reserve University School of Law

Masthead, Volume 3 Issue 1 (2011)

Journal of Law, Technology, & the Internet

No abstract provided.


Volume 3 Issue 1 (2012), Case Western Reserve Journal of Law, Technology and The Internet 2011 Case Western Reserve University School of Law

Volume 3 Issue 1 (2012), Case Western Reserve Journal Of Law, Technology And The Internet

Journal of Law, Technology, & the Internet

No abstract provided.


Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg 2011 Case Western Reserve University School of Law

Wisdom Of The Ages Or Deadhand Control - Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca S. Eisenberg

Journal of Law, Technology, & the Internet

No abstract provided.


Are Technical Difficulties At The Supreme Court Causing A "Disregard Of Duty"?, Mark Grabowski 2011 Case Western Reserve University School of Law

Are Technical Difficulties At The Supreme Court Causing A "Disregard Of Duty"?, Mark Grabowski

Journal of Law, Technology, & the Internet

No abstract provided.


2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar 2011 Case Western Reserve University School of Law

2 Obscenity Standards, 1 Neat Solution: How Geotargeting Extends Traditional Obscenity Law To The Internet, Mason J. Kjar

Journal of Law, Technology, & the Internet

No abstract provided.


Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers 2011 Case Western Reserve University School of Law

Warrantless Use Of Gps Tracking Devices: Fourth Amendment Protection Restored Through Application Of An Analytical Framework, The, David Myers

Journal of Law, Technology, & the Internet

No abstract provided.


When Everyone Is The Judge's Pal: Facebook Friendship And The Appearance Of Impropriety Standard, Daniel Smith 2011 Case Western Reserve University School of Law

When Everyone Is The Judge's Pal: Facebook Friendship And The Appearance Of Impropriety Standard, Daniel Smith

Journal of Law, Technology, & the Internet

No abstract provided.


Biasing Brands, Jeremy N. Sheff 2011 St. John's University School of Law

Biasing Brands, Jeremy N. Sheff

Faculty Publications

The dominant search-costs model of trademark law posits that consumers choose products to satisfy their preferences by analytically mapping those preferences to product information that trademarks efficiently provide. This Article tests these descriptive claims against empirical and theoretical research in marketing and consumer psychology, particularly the concept of "brand equity": the value to a firm or its customers of a brand and of the firm's efforts to build and maintain that brand.

Internally complex brand equity models, juxtaposed with empirical findings in related psychology and marketing research, challenge the descriptive accuracy of the search-costs model. In particular, branding efforts ...


Brand Renegades, Jeremy N. Sheff 2011 St. John's University School of Law

Brand Renegades, Jeremy N. Sheff

Faculty Publications

Recent appearances of trademarks in popular culture-in rap lyrics, on reality TV shows, even in youth riots have raised the question whether the owners of those trademarks might pursue legal remedies to protect their brands from unwanted social associations. This Article argues that they cannot, and that we should understand this limitation on trademark rights as grounded in a principle that consumption of certain brands is an expressive act that First Amendment principles place outside trademark owners' control.


A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan 2011 St. John's University School of Law

A Trade Secret Approach To Protecting Traditional Knowledge, Deepa Varadarajan

Faculty Publications

This Article argues that the doctrinal and normative divide between traditional knowledge protection and intellectual property law has been overemphasized, and that trade secret law can help narrow it. First, in terms of doctrinal fit, trade secret doctrine offers a viable model for protecting a subset of traditional knowledge that is not already publicly available. Broadly speaking, trade secret law imposes liability for the wrongful acquisition, use, or disclosure of valuable information that is the subject of reasonable secrecy efforts. Second, in addition to its practical import, the underlying justifications of trade secret law offer a useful normative guide for ...


Ferdinand Pecora: The Hellhound Of Wall Street, Michael A. Perino 2011 St. John's University School of Law

Ferdinand Pecora: The Hellhound Of Wall Street, Michael A. Perino

Faculty Publications

Few Americans today know who Ferdinand Pecora was, although he was once a media superstar, a nearly daily fixture in newspapers and radio broadcasts across the country. With the onset of our current economic woes his name has slowly begun to crop up again. In April 2009, House Speaker Nancy Pelosi called for a new "Pecora Commission" to investigate "what happened on Wall Street." The next week, the Senate invoked Pecora's name in voting to create an independent committee to investigate the financial crisis, and in January 2010 the Financial Crisis Inquiry Commission held its first hearings.

Pecora, a ...


What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner 2011 University of Nebraska–Lincoln

What Are We Studying? Student Jurors, Community Jurors, And Construct Validity, Stacie R. Keller, Richard L. Weiner

Faculty Publications, Department of Psychology

Jury researchers have long been concerned about the generalizability of results from experiments that utilize undergraduate students as mock jurors. The current experiment examined the differences between 120 students (55 males and 65 females, mean age = 20 years) and 99 community members (49 males and 50 females, mean age = 42 years) in culpability evaluations for homicide and sexual assault cases. Explicit attitude measures served as indicators of bias for sexual assault, defendant, and homicide adjudication. Results revealed that student and community participants showed different biases on these general explicit attitude measures and these differences manifested in judgments of culpability (guilt ...


Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol 2011 University of Puget Sound

Back To Basics: A New Approach To The Unitary Executive Theory, Amanda Nicol

Summer Research

Post-9/11 American politics has seen an unprecedented rise in presidential power and what has come to be known as the ‘imperial presidency’. The Bush Administration met with sharp criticism for its unusually strong interpretation of the unitary executive theory, which states that control of the executive branch should be vested solely in the president; certain administration officials argued that the unorthodox nature of the war on terror required that the president be granted absolute power under the unitary executive theory, devoid of usual legislative and judicial checks. Scholars are sharply divided over whether there is a constitutional basis for ...


Living With Patents: Insights From Patent Misuse, Vincent Chiapetta 2011 Willamette University College of Law

Living With Patents: Insights From Patent Misuse, Vincent Chiapetta

Marquette Intellectual Property Law Review

The Author argues that the patent misuse doctrine should be eliminated. Created almost a century ago as a response to patent power, it has now not only outlived its purpose but causes affirmative harm. Other more nuanced approaches, including antitrust law, produce superior results. Although the Federal Circuit has contained the doctrine, it cannot overrule Supreme Court misuse precedent. Accordingly, the Court should abolish the doctrine at the earliest opportunity or, failing prompt action, Congress should add the matter to its ongoing patent reform agenda. The misuse experience also provides valuable insights regarding how we can appropriately live with our ...


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