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Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review Mar 1968

Copyright Pre-Emption And Character Values: The Paladin Case As An Extension Of Sears And Compco, Michigan Law Review

Michigan Law Review

Much of the confusion over copyright pre-emption that has followed in the wake of Sears and Compco may be due to a fundamental difference between the present patent and copyright acts. Unlike the patent law that was at issue in Sears and Compco, the federal Copyright Act provides that the states may in limited circumstances protect literary property through the doctrine of common-law copyright. Under section 2 of the Act, a state may prevent copying of a work so long as it remains "unpublished." An alternative ground of decision in Paladin was that, regardless of preemption under Sears and …


Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review Mar 1968

Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review

Michigan Law Review

Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …


Westin: Privacy And Freedom, Stanley K. Laughlin Jr. Mar 1968

Westin: Privacy And Freedom, Stanley K. Laughlin Jr.

Michigan Law Review

A Review of Privacy and Freedom by Alan F. Westin


Personnel File Of Abp. Robert Sanchez, Hall & Monagle, Llc Feb 1968

Personnel File Of Abp. Robert Sanchez, Hall & Monagle, Llc

Records related to Abp. Robert Sanchez

No abstract provided.


"Address To Faculty And Students Discussing Current Political And Social Issues", Eugene J. Mccarthy Feb 1968

"Address To Faculty And Students Discussing Current Political And Social Issues", Eugene J. Mccarthy

Special Collections: Oregon Public Speakers

Sponsored by Students for McCarthy.


Carmen: Movies, Censorship And The Law, Abner J. Mikva Feb 1968

Carmen: Movies, Censorship And The Law, Abner J. Mikva

Michigan Law Review

A Review of Movies, Censorship and the Law by Ira H. Carmen


One Heartbeat Away: Presidential Disability And Succession, Birch Bayh Jan 1968

One Heartbeat Away: Presidential Disability And Succession, Birch Bayh

Books

No abstract provided.


To Dust Shall Ye Return, Henry S. Ruth Jan 1968

To Dust Shall Ye Return, Henry S. Ruth

Notre Dame Law Review

No abstract provided.


The Legal Issue Winter 1968-69 V9 N1, The Catholic University Of America, Columbus School Of Law Jan 1968

The Legal Issue Winter 1968-69 V9 N1, The Catholic University Of America, Columbus School Of Law

The Legal Issue

No abstract provided.


Books Reviewed, John Boler, A. M. Honoré, Thomas R. Kearns, John T. Noonan Jr. Jan 1968

Books Reviewed, John Boler, A. M. Honoré, Thomas R. Kearns, John T. Noonan Jr.

Natural Law Forum

No abstract provided.


Effect Of Social Change On Crime And Law Enforcement, Lloyd E. Ohlin Jan 1968

Effect Of Social Change On Crime And Law Enforcement, Lloyd E. Ohlin

Notre Dame Law Review

No abstract provided.


Long, Hot Summer: A Legal View, James P. Gillece, John A. Macleod, Gerald J. Rapien Jan 1968

Long, Hot Summer: A Legal View, James P. Gillece, John A. Macleod, Gerald J. Rapien

Notre Dame Law Review

No abstract provided.


Should Children Be As Equal As People, Lindsay G. Arthur Jan 1968

Should Children Be As Equal As People, Lindsay G. Arthur

North Dakota Law Review

No abstract provided.


Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss Jan 1968

Constitutional Law—The Application Of Procedural Due Process To Proceedings For The Compulsory Civil Commitment Of Narcotic Addicts, Kenneth D. Weiss

Buffalo Law Review

Matter of Spadafora, 54 Misc. 2d 123, 281 N.Y.S.2d 923 (1967); Matter of James, 54 Misc. 2d 514, 283 N.Y.S.2d 126 (1967).


Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii Jan 1968

Psychiatric Testimony, Trial Gamesmanship And The Defense Of Insanity, Stanley E. Willis, Ii

San Diego Law Review

It is the thesis of this Article that the insanity defense with its use of psychiatric testimony is often prejudicial to the criminal defendant. The issue of the defendant’s sanity puts antagonistic propositions into motion which require proof by evidence. If the defendant’s purported insanity were not put in issue by the defense counsel then the prosecutor’s negative assertions that the defendant was sane would not be permissible. Numerous elements are automatically assumed as mitigating factors in many trials (e.g., passionate response to produced anger and desperation and despair), and operate subliminally to influence the judge and the jury. The …


Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U. Jan 1968

Substantive Due Process And Felony Treatment Of Pot Smokers: The Current Conflict, F.H. Von U.

Georgia Law Review

The Supreme Court, in recent years, has consistently reaffirmed a trend toward a fuller recognition of individual liberties. When these cherished incidents of American citizenship have conflicted with the real or imagined needs of society, the Court has applied a vital and expanding concept of due process to determine the proper balance of interests. It is now recognized that the State must demonstrate a truly rational basis for punishing individual conduct, aid where proscriptive rather than regulatory measures are enacted, legislation must carefully avoid jeopardizing harmless conduct, however offensive to public taste. Restrictive legislation must be grounded in fact, and …


Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley Jan 1968

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.


Workmen's Compensation Denied: A Reply, Harold Ticktin Jan 1968

Workmen's Compensation Denied: A Reply, Harold Ticktin

Cleveland State Law Review

A reader of the January 1968 Symposium on Workmen's Compensation in the Cleveland-Marshall Law Review would be badly misled if he took the titles of the two articles by Messrs. Krise and Keller at face value.' While purportedly about appeals and recommended changes in the Ohio Workmen's Compensation law, these articles are in fact attacks on attorneys who represent claimants in workmen's compensation controversies.


The Electoral College - Why It Ought To Be Abolished, John D. Feerick Jan 1968

The Electoral College - Why It Ought To Be Abolished, John D. Feerick

Fordham Law Review

No abstract provided.


The First Amendment And Regulation Of Prejudicial Publicity-An Analysis, Jeffrey A. Barist Jan 1968

The First Amendment And Regulation Of Prejudicial Publicity-An Analysis, Jeffrey A. Barist

Fordham Law Review

No abstract provided.


The Legitimacy Of Civil Disobedience As A Legal Concept, Delbert D. Smith Jan 1968

The Legitimacy Of Civil Disobedience As A Legal Concept, Delbert D. Smith

Fordham Law Review

No abstract provided.


Book Reviews Jan 1968

Book Reviews

Fordham Law Review

No abstract provided.


Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson Jan 1968

Order Of Presentation As A Factor In Jury Persuasion, Robert G. Lawson

Law Faculty Scholarly Articles

The “law of primacy in persuasion” has been formulated as follows: The side of a controversial issue having the advantage of first position in the order of presentation is more effective in changing opinion than the side presented last, all other factors being equal. Recent experimentation has revealed that “primacy” is not “an indubitable factor in persuasion,” but occurs only under certain conditions. In this article, an effort has been made to evaluate the experimentation conducted in this area of communications research, and to determine if the conditions of the courtroom are such that order of presentation could be expected …


Recent Developments, Various Editors Jan 1968

Recent Developments, Various Editors

Villanova Law Review (1956 - )

No abstract provided.


A Perspective For Considering The Moral, Legal, And Ethical Problems Arising From Advances In Medical Science, William Likoff Jan 1968

A Perspective For Considering The Moral, Legal, And Ethical Problems Arising From Advances In Medical Science, William Likoff

Villanova Law Review (1956 - )

No abstract provided.


The Dying Patient, The Doctor, And The Law, J. Russell Elkinton Jan 1968

The Dying Patient, The Doctor, And The Law, J. Russell Elkinton

Villanova Law Review (1956 - )

No abstract provided.


Buyer's Conduct As Affecting The Extent Of Manufacturer's Liability In Warranty, Joel R. Levine Jan 1968

Buyer's Conduct As Affecting The Extent Of Manufacturer's Liability In Warranty, Joel R. Levine

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Misconduct Of Jurors--Impeachment Of Verdict--New Trial [People V. Delucia, 20 N.Y.2d 275, 229 N.E.2d 211, 282 N.Y.S.2d 526 (1967)], Gilbert M. Manchester Jan 1968

Misconduct Of Jurors--Impeachment Of Verdict--New Trial [People V. Delucia, 20 N.Y.2d 275, 229 N.E.2d 211, 282 N.Y.S.2d 526 (1967)], Gilbert M. Manchester

Case Western Reserve Law Review

No abstract provided.


Heart Transplants: Legal Problems And The Need For New Legislation, Wilbur C. Leatherberry Jan 1968

Heart Transplants: Legal Problems And The Need For New Legislation, Wilbur C. Leatherberry

Case Western Reserve Law Review

No abstract provided.


The Law Of Parody–Infringement, Raymond T. Nimmer Jan 1968

The Law Of Parody–Infringement, Raymond T. Nimmer

Valparaiso University Law Review

No abstract provided.