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Articles 15421 - 15450 of 16571
Full-Text Articles in Entire DC Network
Testifying About Testimony: Psychological Evidence On Perceptual And Memory Factors Affecting The Credibility Of Testimony, Charles L. Convis
Testifying About Testimony: Psychological Evidence On Perceptual And Memory Factors Affecting The Credibility Of Testimony, Charles L. Convis
Duquesne Law Review
Medical evidence of a witness' capacity to testify has long been admitted at trial. However, evidence of a witness' credibility is often limited to cross-examination because of the reluctance of courts to interfere with the function of the jury. The author explores the relation of expert testimony to the function of the jury through analysis of Federal Rule of Evidence 702, including the Rule's genesis and extension to other jurisdictions. He then explores the areas where psychological testimony of credibility would aid the fact finder in resolving testimonial contradictions based on perceptual and memory defects.
Trademarks: Protection Of Merchandising Properties In Professional Sports, David M. Kelly
Trademarks: Protection Of Merchandising Properties In Professional Sports, David M. Kelly
Duquesne Law Review
The application of sports trademarks is a multi-million dollar business. Because this market is so lucrative, a great amount of counterfeiting exists. This comment discusses several problems encountered by the sports trademark owner when attempting to enforce trademark rights against infringers. The first obstacle is the contention that the trademark is functional, and thus not a valid trademark. Secondly, courts often require direct evidence of "infringement" through the production of consumer surveys. After a review of the pertinent case law, the author concludes that functionality in any form should not preclude protection of sports trademarks and that the sports trademark …
Software Piracy And The Personal Computer: Is The 1980 Software Copyright Act Effective?, 4 Computer L.J. 171 (1983), Mickey T. Mihm
Software Piracy And The Personal Computer: Is The 1980 Software Copyright Act Effective?, 4 Computer L.J. 171 (1983), Mickey T. Mihm
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Articles
No abstract provided.
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
The Pitfalls Of Will Contest Litigation, 16 J. Marshall L. Rev. 499 (1983), Peter I. Mason, Mark W. Weisbard
UIC Law Review
No abstract provided.
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler
Articles
No abstract provided.
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner
Articles
This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Pure Comparative Law And Legal Science In A Mixed Legal System, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Appellations Of Origin: The Continuing Controversey, Lori E. Simon
Northwestern Journal of International Law & Business
Appellations of origin (appellations d'origine) are geographical denominations that indicate a product's origin, as well as particular distinctive and renowned qualities associated with the location. Because of the singularity of these titles, the disparity in national laws, and the potential for infringement of the rights associated with the names, protection of appeallations of origin continues to be a controversial topic in international trade law. The debate over protection of appellations of origin primarily stems from conflicting national economic interests and divergent fundamental conceptions of the purpose of protecting trade names. It is entangled further by cultural, linguistic, and historical differences …
Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper
Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper
Case Western Reserve Journal of International Law
No abstract provided.
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
National Origin Discrimination Under Section 1981, Lorilyn Chamberlin
Fordham Law Review
No abstract provided.
Bilingual Education And The Law, Bernard J. Mcfadden
Bilingual Education And The Law, Bernard J. Mcfadden
The Journal of Law and Education
No abstract provided.
An Analysis Of The Federal Attempt To Regulate Bilingual Education: Protecting Civil Rights Or Controlling Curriculum?, Betsy Levin
The Journal of Law and Education
No abstract provided.
Teaching The Immigrant's Child: A Model Plan For Court-Ordered Bilingual Education, Richard E. Weiner
Teaching The Immigrant's Child: A Model Plan For Court-Ordered Bilingual Education, Richard E. Weiner
The Journal of Law and Education
No abstract provided.
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Lawyers And Diplomats: Some Personal Observations, William Jr. Bodde
Northwestern Journal of International Law & Business
The American Experience has prove wrong de Tocqueville's contention that lawyers and missionaries make poor diplomats. Our diplomatic history is rich in successful and prominent lawyer-diplomats, demonstrating that even such a perceptive and sensitive observer of the American scene as the French historian could be mistaken.
Nuclear Weapons And International Law: Prolegomenon To General Illegality, Burns H. Weston
Nuclear Weapons And International Law: Prolegomenon To General Illegality, Burns H. Weston
NYLS Journal of International and Comparative Law
No abstract provided.
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
The Supreme Court And Antitrust Analysis: The Near Triumph Of The Chicago School, Peter M. Gerhart
Faculty Publications
No abstract provided.
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Interpretation In Law - Toward A Reconstruction Of The Current Debate, Dennis M. Patterson
Villanova Law Review (1956 - )
No abstract provided.
Sumitomo Shoji America, Inc. V. Avigliano, James P. Anelli
Sumitomo Shoji America, Inc. V. Avigliano, James P. Anelli
NYLS Journal of International and Comparative Law
No abstract provided.
Allocating Copyright Liability To Telecommunications Common Carriers Supplying Cable Systems, Minn. L. Rev. Editorial Board
Allocating Copyright Liability To Telecommunications Common Carriers Supplying Cable Systems, Minn. L. Rev. Editorial Board
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
Pilot Judgment: Current Developments In Evaluation And Training And Future Issues In Aviation Cases, Michael J. Pangia
Pilot Judgment: Current Developments In Evaluation And Training And Future Issues In Aviation Cases, Michael J. Pangia
Journal of Air Law and Commerce
No abstract provided.
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw
Kentucky Law Journal
No abstract provided.
Ought We Keep Contracts Because They Are Promises, Páll Árdal
Ought We Keep Contracts Because They Are Promises, Páll Árdal
Valparaiso University Law Review
No abstract provided.
The New Paradigm Of Contract: A Hermeneutical Approach, Philip Mulloch
The New Paradigm Of Contract: A Hermeneutical Approach, Philip Mulloch
Valparaiso University Law Review
No abstract provided.
The Meaning Of Judicial Self-Restraint, Richard A. Posner
The Meaning Of Judicial Self-Restraint, Richard A. Posner
Indiana Law Journal
No abstract provided.
Chaining The Leviathan: The Unconstitutionality Of Executing Those Convicted Of Treason, James G. Wilson
Chaining The Leviathan: The Unconstitutionality Of Executing Those Convicted Of Treason, James G. Wilson
Law Faculty Articles and Essays
This article focuses on two words: executing traitors. We have a good idea of what the first word means, even if we repress the sordid details of the actual dying. Treason, however, is a word notable both for its ambiguity and for the powerful emotions it evokes, emotions found in such equally potent words as betrayal, war and defeat. As will be seen, by limiting the crime to two types of actions and by requiring unique procedural protections, the drafters of the Constitution balanced the country's need for protection from treason against their fear that a future administration might instigate …
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Book Chapters
The subject of this essay is legal literacy, but to put it that way requires immediate clarification for that phrase has a wide range of possible meanings. At one end of its spectrum of significance, for example, legal literacy means fuU competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as with other real languages, the ideal of perfect competence in legal language can never be attained: practitioners are always learning …
Freedom Of Expression, Howard C. Anawalt
The Persistence Of Classical Style, Patrick O. Gudridge
The Persistence Of Classical Style, Patrick O. Gudridge
Articles
No abstract provided.
Statistical Significance And The Burden Of Persuasion, David H. Kaye
Statistical Significance And The Burden Of Persuasion, David H. Kaye
Faculty Scholarship
In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by observation or experiment are readily accepted as assisting in the proper resolution of disputed issues of fact. When courts or administrators confront scientific and statistical evidence in these proceedings, they are not always certain of how to weigh the evidence or whether they should …