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Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang Aug 2022

Viagra Did Not Work, But Michael Jordan Still Made It: Trademark Policy Toward The Translation Of Foreign Marks In China, Jyh-An Lee, Lili Yang

Duke Law & Technology Review

Most multinational enterprises (MNEs) register their original trademarks in Roman letters in China upon entering the Chinese market. However, many fail to develop and register corresponding Chinese marks because they do not understand local culture and consumers, overvalue consumers’ presumed brand loyalty, or neglect the accompanying trademark issues. This failure enables trademark squatters to register and hold the Chinese marks for ransom or local competitors to free ride on foreign marks using their Chinese translations or transliterations. This Article first introduces the complexity of translating a foreign mark into Chinese, which concerns complex linguistic, cultural, and business challenges. Based on …


Preview; State V. Mefford: Scope Of Consent Searches In A Digitalized World, Spencer Pedemonte Aug 2022

Preview; State V. Mefford: Scope Of Consent Searches In A Digitalized World, Spencer Pedemonte

Montana Law Review Online

No abstract provided.


A Science-Based Policy For Managing Free-Roaming Cats, David Hunter, Christopher A. Lepczyk, David C. Duffy, David M. Bird, Michael Calver, Dmitry Cherkassky, Linda Cherkassky, Christopher R. Dickman, David Jessup, Travis Longcore, Scott R. Loss, Kerrie Anne T. Loyd, Peter P. Marra, John M. Marzluff, Reed F. Noss, Daniel Simberloff, Grant C. Sizemore, Stanley A. Temple, Yolanda Van Heezik Aug 2022

A Science-Based Policy For Managing Free-Roaming Cats, David Hunter, Christopher A. Lepczyk, David C. Duffy, David M. Bird, Michael Calver, Dmitry Cherkassky, Linda Cherkassky, Christopher R. Dickman, David Jessup, Travis Longcore, Scott R. Loss, Kerrie Anne T. Loyd, Peter P. Marra, John M. Marzluff, Reed F. Noss, Daniel Simberloff, Grant C. Sizemore, Stanley A. Temple, Yolanda Van Heezik

Scholarly Articles in Law Reviews & Journals

Free-roaming domestic cats (i.e., cats that are owned or unowned and are considered ‘at large’) are globally distributed non-native species that have marked impacts on biodiversity and human health. Despite clear scientific evidence of these impacts, free-roaming cats are either unmanaged or managed using scientifically unsupported and ineffective approaches (e.g., trap-neuter-release [TNR]) in many jurisdictions around the world. A critical first initiative for effective, science-driven management of cats must be broader political and legislative recognition of free-roaming cats as a non-native, invasive species. Designating cats as invasive is important for developing and implementing science-based management plans, which should include efforts …


Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore Aug 2022

Developments In Contract Law: The 2020-2021 Term – Appeals To Fairness, Marcus Moore

All Faculty Publications

This article analyzes important developments in Contract Law stemming from consideration by the Supreme Court of Canada in 2020-2021. Due to the large number of Contracts cases during this period, the article focuses on prominent appeals occupied with issues of fairness in Canadian Contract Law. Fairness in contracts emerges as an important concern of the SCC at this juncture. This appropriately reflects the constellation of some long-unsolved problems (e.g., control of unfair terms in standard form contracts), confusion around key concepts associated with protection of contractual fairness (e.g., unconscionability and good faith), and judicial disagreement over the merits of general …


A Rhetoric Of Sustainable Development, Jeff Todd Aug 2022

A Rhetoric Of Sustainable Development, Jeff Todd

Pace Law Review

No abstract provided.


The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev Aug 2022

The Decline Of Habeas Corpus In Israel, Israel Zvi Gilat, Joshua Segev

Pace Law Review

No abstract provided.


National Pork Producers Council V. Ross: Brief Of Professors Barry Friedman And Daniel T. Deacon As Amici Curiae In Support Of Respondents, Daniel T. Deacon Aug 2022

National Pork Producers Council V. Ross: Brief Of Professors Barry Friedman And Daniel T. Deacon As Amici Curiae In Support Of Respondents, Daniel T. Deacon

Appellate Briefs

Barry Friedman is the Jacob D. Fuchsberg Professor of Law and Affiliated Professor of Politics at New York University Law School and is one of the country’s leading authorities on constitutional law and the federal courts. Daniel T. Deacon is a Lecturer at the University of Michigan Law School and has published extensively on topics that include constitutional and administrative law. Professors Friedman and Deacon are the authors of A Course Unbroken: The Constitutional Legitimacy of the Dormant Commerce Clause, 97 Va. L. Rev. 1877 (2011), a leading article examining the origins of the Commerce Clause and defending the validity …


Illegal Homeless Encampments In California: Using The Com-B Framework To Transform A Public Health Nuisance Into A New Housing Development Model, Desiree E. Orozco Aug 2022

Illegal Homeless Encampments In California: Using The Com-B Framework To Transform A Public Health Nuisance Into A New Housing Development Model, Desiree E. Orozco

Master's Projects and Capstones

California has the highest homeless population, with over 161,000 people experiencing homelessness. Despite approving a billion dollars in grants for the 2018-2019 budget, The 2021 Annual Homeless Assessment Report (AHAR) to Congress revealed California had an increase of over 3,500 individuals staying in shelters between 2020-2021. The multi-faceted and multi-dimensional issues of homelessness and policies make it difficult to prevent individuals experiencing homelessness from living in illegal encampments. Therefore, the author proposes a multi-prong approach to homelessness in California grounded in theories of the Socio-Ecological Model (SEM) and COM-B model and informed by housing first and permanent supportive housing practices. …


Chemical Castration: An Analysis Of Florida's New "Cutting-Edge" Policy Towards Sex Criminals, Bryan Keene Aug 2022

Chemical Castration: An Analysis Of Florida's New "Cutting-Edge" Policy Towards Sex Criminals, Bryan Keene

Florida Law Review

No abstract provided.


Herbal Remedies And Dietary Supplements: The Boundaries Of Drug Claims And Freedom Of Choice, Margaret Gilhooley Aug 2022

Herbal Remedies And Dietary Supplements: The Boundaries Of Drug Claims And Freedom Of Choice, Margaret Gilhooley

Florida Law Review

No abstract provided.


Not Just A Descending Trail: Traversing Holmes' Many Paths Of The Law, Winston P. Nagan Aug 2022

Not Just A Descending Trail: Traversing Holmes' Many Paths Of The Law, Winston P. Nagan

Florida Law Review

No abstract provided.


Alschuler's "Path", David Dolinko Aug 2022

Alschuler's "Path", David Dolinko

Florida Law Review

No abstract provided.


When Paths Diverge: A Response To Albert Alschuler On Oliver Wendell Holmes, James Gordley Aug 2022

When Paths Diverge: A Response To Albert Alschuler On Oliver Wendell Holmes, James Gordley

Florida Law Review

No abstract provided.


To Be, Be, Be … Not Just To Be: Legal And Social Implications Of Cloning For Human Reproduction, Ronald Chester Aug 2022

To Be, Be, Be … Not Just To Be: Legal And Social Implications Of Cloning For Human Reproduction, Ronald Chester

Florida Law Review

No abstract provided.


Product Liability: A Public Policy Approach To Contaminated Factor Viii Blood Products, Christina Bohannan Aug 2022

Product Liability: A Public Policy Approach To Contaminated Factor Viii Blood Products, Christina Bohannan

Florida Law Review

No abstract provided.


Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky Aug 2022

Defensor Fidei: The Travails Of A Post-Realist Formalist, Lyrissa Barnett Lidsky

Florida Law Review

No abstract provided.


A Statutory Beacon In The Land Use Ripeness Maze: The Florida Private Property Rights Protection Act, Patrick W. Maraist Aug 2022

A Statutory Beacon In The Land Use Ripeness Maze: The Florida Private Property Rights Protection Act, Patrick W. Maraist

Florida Law Review

No abstract provided.


"Sue Me, Sue Me, What Can You Do Me? I Love You": A Disquisition On Law, Sex, And Talk, Dan Subotnik Aug 2022

"Sue Me, Sue Me, What Can You Do Me? I Love You": A Disquisition On Law, Sex, And Talk, Dan Subotnik

Florida Law Review

No abstract provided.


A Time For Change: Reevaluating The Constitutional Status Of Minors, Justin Witkin Aug 2022

A Time For Change: Reevaluating The Constitutional Status Of Minors, Justin Witkin

Florida Law Review

No abstract provided.


Of Merciful Justice And Justified Mercy: Commuting The Sentences Of Battered Women Who Kill, Joan H. Krause Aug 2022

Of Merciful Justice And Justified Mercy: Commuting The Sentences Of Battered Women Who Kill, Joan H. Krause

Florida Law Review

No abstract provided.


Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel Aug 2022

Condescending Contradictions: Richard Posner's Pragmatism And Pregnancy Discrimination, Ann C. Mcginley, Jeffrey W. Stempel

Florida Law Review

No abstract provided.


Halting Devolution Or Bleak To The Future: Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel Aug 2022

Halting Devolution Or Bleak To The Future: Subrin's New-Old Procedure As A Possible Antidote To Dreyfuss's "Tolstoy Problem", Jeffrey W. Stempel

Florida Law Review

No abstract provided.


Official English: A Socratic Dialogue/Law And Economics Analysis, Andre Solé Aug 2022

Official English: A Socratic Dialogue/Law And Economics Analysis, Andre Solé

Florida Law Review

No abstract provided.


Exposing The Perversions Of Toleration: The Decriminalization Of Private Sexual Conduct, The Model Penal Code, And The Oxymoron Of Liberal Toleration, Larry Catá Backer Aug 2022

Exposing The Perversions Of Toleration: The Decriminalization Of Private Sexual Conduct, The Model Penal Code, And The Oxymoron Of Liberal Toleration, Larry Catá Backer

Florida Law Review

No abstract provided.


One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington Aug 2022

One Law: The Role Of Legal Education In The Opening Of The Legal Profession Since 1776, Paul D. Carrington

Florida Law Review

No abstract provided.


Giving Some Back — A Reprise, Carol M. Rose Aug 2022

Giving Some Back — A Reprise, Carol M. Rose

Florida Law Review

No abstract provided.


Do We Believe In Generosity?: Reflections On The Relationship Between Gifts And Exchanges, Jane B. Baron Aug 2022

Do We Believe In Generosity?: Reflections On The Relationship Between Gifts And Exchanges, Jane B. Baron

Florida Law Review

No abstract provided.


Cultural Critique And Legal Change, Charles W. Collier Aug 2022

Cultural Critique And Legal Change, Charles W. Collier

Florida Law Review

No abstract provided.


The Current Federal Regulatory Framework For Release Of Genetically Altered Organisms Into The Environment, William Allen Aug 2022

The Current Federal Regulatory Framework For Release Of Genetically Altered Organisms Into The Environment, William Allen

Florida Law Review

No abstract provided.


Setting The Agenda For The 1990s: The Historical Foundations Of Gender Bias In Law: A Context For Reconstruction, Ricki Lewis Tannen Aug 2022

Setting The Agenda For The 1990s: The Historical Foundations Of Gender Bias In Law: A Context For Reconstruction, Ricki Lewis Tannen

Florida Law Review

No abstract provided.