Digital Commons Network^™

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

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Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

West Virginia's Adoption Statute: A History Of A Work In Progress, Lisa Kelly

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More than two years have passed since the Legislature reformed West Virginia's adoption statute. The goal of this article is to provide a kind of legislative history to deepen the reader's understanding of the current statute. This history will include an explanation of the West Virginia Law Institute's Proposal, as well as the Legislature's reaction to it. In Part II, I will detail this history. In Part III, I will explain the operation of the current statute, with mention of the few recent adoption decisions that have construed various provisions. In Part IV, I will look at some of the …

Telemedicine And Integrated Health Care Delivery: Compounding Malpractice Liability, Patricia C. Kuszler

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This Article considers how theories of medical negligence might be applied in the context of telemedicine and integrated delivery health plans. Part Two summarizes the history of telemedicine, its increasing breadth of application and opportunity and promise for the future. Part Three reviews traditional negligence principles and precedents and demonstrates how they might be applied when a telemedicine interaction results in negligence and harm to the patient. Part Four discusses evolving theories of shared liability applicable to health plans and managed care entities. Finally, Part Five demonstrates how shared liability theories will be applied to situations involving telemedicine technologies.

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

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This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …

Despatches From The Front: Recent Skirmishes Along The Frontiers Of Electronic Contracting Law, Jane Kaufman Winn, Michael Rhoades Pullen

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This Article will provide a short overview of the current efforts in the United States and the European Union to reform contract law to accommodate recent innovations in electronic contracting. Whether changes are needed to current contract law doctrines governing contract formation, effectiveness of contract terms, choice of law and forum provisions, special protections for consumers, and signature and writing requirements, revisions in these areas have all proved controversial. Even in those areas where a consensus may be emerging on whether law reform may be appropriate in some form, consensus is often still lacking with regard to the specific legislation …

"Meet My Mentor": A Collection Of Personal Reminescences, Frank G. Houdek, Penny A. Hazelton

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Contributors describe the mentoring they received as law librarians. Individually the pieces offer fascinating glimpses of individuals and relationships. Collectively, they demonstrate how important—and how varied—the process of mentoring has been and continues to be for the growth and evolution of the profession.

Penny Hazelton's contribution, Sometimes You Need a Good Shove, begins on page 216.

The Hedgehog And The Fox: Distinguishing Public And Private Sector Approaches To Managing Risk For Internet Transactions, Jane Kaufman Winn

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In his essay The Hedgehog and the Fox, Isaiah Berlin used an ancient Greek proverb comparing these animals as a metaphor to express a deep division among thinkers and writers in their understanding of the human condition. In this essay, I extend the metaphor to contrast the differing approaches to risk management taken by the public sector in the exercise of its sovereign functions and that taken by members of the private sector in the conduct of commercial transactions. In light of the differences in these basic approaches to questions of risk management, I will evaluate some widely discussed …

Useful Arts In The Information Age, Alan L. Durham

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No abstract provided.

From Special Privilege To General Utility: A Continuation Of Willard Hurst's Study Of Corporations, Susan Pace Hamill

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No abstract provided.

Dissent, Free Speech, And The Continuing Search For The Central Meaning Of The First Amendment 2000 Survey Of Books Relating To The Law, Ronald J. Krotoszynski Jr.

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No abstract provided.

Recalibrating The Cost Of Harm Advocacy: Getting Beyond Brandenburg, S. Elizabeth Wilborn Malloy, Ronald J. Krotoszynski Jr.

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No abstract provided.

Review: Murphy's Law, Arthur Jacobson

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No abstract provided.

Identity, Privacy, And The New Information Scalpers: Recalibrating The Rules Of The Road In The Age Of The Infobahn: A Response To Fred H. Cate A Symposium On Law And Technology In The New Millenium: Closing The Gap, Ronald J. Krotoszynski Jr.

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No abstract provided.

Judicial Review, Michael Herz

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No abstract provided.

The Constitution And Encryption Regulation: Do We Need A "New Privacy"?, A. Michael Froomkin

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No abstract provided.

Of Governments And Governance, A. Michael Froomkin

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The Magaziner Report focuses on achieving short-term goals without giving sufficient consideration to long-term consequences affecting the structure of Internet governance and democracy in general. This overly pragmatic approach creates a paradoxical climate: overly-friendly to government intervention (in e-commerce regulation) while also overly willing to defer to privatized governance structures (in other areas). As the recent World Intellectual Property Organization ("WIPO") domain name/trademark process demonstrates, certain Internet governance processes raise several questions, not least discerning whether such processes include adequate notice and consultation. More traditional democratic processes, such as legislation and regulation, have routinized means of giving affected parties notice …

Sub-Regional, Regional And International Co-Operation In Responding To And Deterring Transboundary Marine Pollution, Bernard H. Oxman

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No abstract provided.

Urban Growth: A Global Challenge, Janet Stearns

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No abstract provided.

Enforcing Family Promises: Reliance, Reciprocity, And Relational Contract, Melanie B. Leslie

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Courts are willing, in commercial contexts, to enforce promises even without consideration when enforcement supports a norm of reciprocity-a norm which recognizes that promises are seldom totally gratuitous, but are often made in furtherance of reciprocal, long-term, trust-based relationships. In this article, Professor Leslie argues that relational contract principles are firmly embedded in wills law. Courts enforce the reciprocity norm in the family context just as they do in commercial contexts; this enforcement is seen, however, not in breach of promise suits, which occur rarely between family members, but rather in will contests. Despite the prevalent ideology of wills law, …

Digital Frontiers: Law And The Internet: Letter To The U.S. Senate From Marci A. Hamilton, Marci A. Hamilton

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No abstract provided.

Comparative Corporate Governance And The Theory Of The Firm: The Case Against Global Cross Reference, William Wilson Bratton, Joseph K. Mccahery

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Professors Bratton and McCahery take up the main questions addressed by the literature on comparative corporate governance: whether national governance systems can be expected to converge in the near future, and whether the focal point of that convergence will be a new, hybrid governance system comprised of the best practices drawn from different systems. This Article advances the view that neither global convergence that eliminates systemic differences nor the emergence of a hybrid best practice safely can be projected because each national governance system is a system to a significant extent. Each system, rather than consisting of a loose collection …

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

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No abstract provided.

Are Tax "Benefits" Constitutionally Equivalent To Direct Expenditures?, Edward A. Zelinsky

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In this Article, Professor Zelinsky discusses whether tax "benefits" are constitutionally equivalent to direct expenditures. He argues that, in constitutional contexts, the generic categories "tax" and "direct expenditure" are unhelpful and often misleading, in light of the diverse and overlapping nature of different tax laws and direct spending programs, the disparate perspectives from which equivalence can be assessed, and the variety of constitutional contexts in which the equivalence issue must be addressed. Professor Zelinsky thus calls for case-by-case determinations of equivalence considering particular constitutional contexts, the appropriate perspective in each of those contexts, and the specific tax and direct spending …

Why Basic Liberties Are Bilateral, James W. Nickel

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No abstract provided.

… And From The Associate, Myriam E. Gilles

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No abstract provided.

Diversity Combining In Antenna Array Base Station Receiver For Ds/Cdma System, C. H. Gowda, V. Annampedu, R. Viswanathan

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We evaluate using simulation studies the performance of several schemes for combining base station antenna array signals in wireless direct sequence code-division multiple access (DS/CDMA). The results indicate that under certain assumptions, on multiple access interference statistics, the probability of error of modified rank test (MRT) is lower than that of equal gain combining (EGC), if a few high power interfering users are present along with a low power user of interest. If there are a moderately large number of users, and if the received power of all the users are nearly the same, then EGC out performs MRT. In …

The Constitutional Rhetoric Of Religion, Marci A. Hamilton

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The message of postmodernism is that we should carefully attend to the language that we use. We should not expect the meaning of our words to always accord with our intentions or to remain static. We are likely to be surprised by language's subtle and unintended intonations. This could not be more true for the discourse in the battle over the standard to be applied to free exercises cases. The language of the standard that appears to be good for religion--the Religious Freedom Restoration Act (RFRA) - sends the message that religion is weak and needy, while the standard that …

Pandora's Amphora: The Ambiguity Of Gifts, Jeanne L. Schroeder

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The law is notoriously suspicious of gifts, giving gratuitous promises less protection than contracts. An analysis based on the political philosophy of G.W.F. Hegel and the psychoanalytic theory of Jacques Lacan reveals that the law's ambivalence reflects the fundamental ambiguous nature of gifts.

The two dominant jurisprudential analyses of gift-utilitarianism and romanticism-share the single erroneous assumption that contract relations are characterized by atomistic rational behavior. The utilitarian, who views all human relations in terms of individual self-interest, analyzes gift as a primitive, incomplete, imperfect, and inferior form of contract. In contrast, the romantic, who believes that human relations can, and …

Dancing About Architecture: Postmodernism And Irish Popular Music, Stephen Ryan

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No abstract provided.

Camus' Meursault : The Only Christ That Modern Civilisation Deserves?, Eamon Maher

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