Digital Commons Network^™

Deregulating Relevancy In Internet Trademark Law, Eric Goldman

Faculty Publications

Emerging trademark law doctrines have allowed trademark owners to excise socially beneficial content and to take unprecedented control over their channels of distribution. Without limits, trademark law has the capacity to counterproductively destroy the Internet's utility for everyone.

Part I of the Article provides a brief overview of the Internet search process. Parts II-IV consider Internet search from three perspectives. Part II considers Internet search from the searcher's perspective, concluding that one cannot infer searchers' objectives from the keywords they choose. Part II considers Internet search from the web publisher's perspective. Part IV considers Internet search from the search provider's …

When The Truth Is Not Enough: Tissue Donation, Altruism, And The Market, Michelle Oberman

Faculty Publications

No abstract provided.

Telling A Constitutional Story: Examples Of Constitutional Dialogue, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.

A Half-Century Since Brown: The Legal Academy's Views Of Racism, Patrick Garry

Faculty Publications

No abstract provided.

Anonymous Sources, Libel Law And The First Amendment, Patrick Garry

Faculty Publications

No abstract provided.

Confronting The Changed Circumstances Of Free Speech In A Media Society, Patrick Garry

Faculty Publications

No abstract provided.

Crisis, Farming And Community, Christine Hagar, C Haythornthwaite

Faculty Publications

In 2001, the UK was hit by Foot and Mouth Disease (FMD) precipitating one of the biggest crises ever to affect the UK farming system. The crisis unfolded as a series of information and communication problems, from government to farmers and from farmers to farmers, with consequences for action in a time of crisis, social support, and the maintenance of community. What happens to a farming community during such a crisis? When the countryside shuts down, and no one can enter or leave the farm, how can information be disseminated? As methods of dealing with the disease change rapidly, as …

‘We’Re Just Like The Irish’: Narratives Of Assimilation, Belonging, And Citizenship Among Arab American Activists, Caroline R. Nagel, Lynn A. Staeheli

Faculty Publications

This paper examines narratives of assimilation and belonging as activists attempt to position Arab-Americans as citizens and full members of the American polity. In interviews with activists, the experience of the Irish as immigrants and citizens was often invoked as the paradigmatic example of how immigrants are incorporated as citizens—an example that activists promoted as one that Arabs would follow. By invoking the Irish experience, activists hope to remind Americans that immigration history is not one of effortless assimilation, but is rather characterized by systematic exclusion and marginalization. In so doing, they articulate narratives of assimilation and belonging that draw …

Are Empowerment And Education Enough? Underdiversification In 401(K) Plans, James J. Choi, David Laibson, Brigitte C. Madrian

Faculty Publications

At the end of 2000, current and former employees of the energy trading company Enron Corporation held $2.1 billion in the firm’s 401(k) retirement savings plan. Sixty-two percent of that money was invested in Enron stock, then trading at $83 a share. In October 2001 Enron’s finances began to unravel as its accounting improprieties came to light. Enron stock plummeted over the next several weeks, and on December 2, 2001, the company declared bankruptcy, rendering its shares worthless. Thousands of Enron employees lost their jobs and a large fraction of their retirement wealth simultaneously.

Exchanging Identities, James R. Allison

Faculty Publications

In many societies, economic activities are an important means through which individuals create their social identity. This is particularly evident in, for example, some Melanesian societies where successful participation in exchange systems is an important determinant of an individual‘s social status. These processes are difficult to see in the ethnographic or prehistoric Southwest, where status differences are understated, but some principles apply cross-culturally. This paper focuses on ethnographic examples showing how differential participation in institutionalized, inter-community exchange systems affects the negotiation of identity within communities. Examples from the prehistoric Puebloan Southwest are then examined in light of the ethnographic insights.

Maternal Education And Child Nutritional Status In Bolivia: Finding The Links, Michelle Bellessa Frost, Renata Forste, David W. Haas

Faculty Publications

This study models various pathways linking maternal education and child nutritional status in Bolivia, using a national sample of children. Pathways examined include socioeconomic status, health knowledge, modern attitudes towards health care, female autonomy, and reproductive behavior. The data come from the 1998 Bolivia Demographic and Health Survey. Logistic regression results suggest that socioeconomic factors are the most important pathways linking maternal education and child nutritional status, and that modern attitudes about health care also explain the impact of education. Health care knowledge accounts for less of the effect of maternal education on child nutritional status, with autonomy being the …

Still A Ball Of Confusion: Kp Permanent Make-Up, Inc. V. Lasting Impression I, Inc., Nikki Pope

Faculty Publications

In KP Permanent Make-up, Inc. v. Lasting Impression I, Inc., the United States Supreme Court ruled that a defendant in a trademark infringement action is not required to prove an absence of confusion to successfully assert the fair use affirmative defense. While most observers and interested parties expected the Court to rule as it did, the ruling further obfuscated trademark law, doing little to clarify the relation of “likelihood of confusion” to fair use. The opinion overturned a Ninth Circuit decision and rejected the notion that fair use and consumer confusion cannot co-exist. The opinion did not, however, foreclose the …

The Terminator As Eraser: How Arnold Schwarzenegger Used The Right Of Publicity To Terminate Non-Defamatory Political Speech, David Welkowitz, Tyler Ochoa

Faculty Publications

INTRODUCTION

While it is no longer unusual for a politician to have been a recent celebrity in the commercial world of entertainment, the Schwarzenegger bobblehead case is one of the rare cases in which a politician has filed a lawsuit asserting a right of publicity claim. However, the Schwarzenegger case and its settlement exposed some basic flaws in the analysis of celebrity rights problems, flaws that are not unique to its political context. Two of those flaws converged in this case and are the main subjects of this article. First, rights of publicity claims frequently are used as a "stealth" …

The Schwarzenegger Bobblehead Case: Introduction And Statement Of Facts, Tyler T. Ochoa

Faculty Publications

In May 2004, news media around the world buzzed after learning that Arnold Schwarzenegger, movie-star-turned Governor of California, had filed a lawsuit against an Ohio manufacturer of bobblehead dolls bearing his name and likeness. The case presented a seemingly stark choice between the right of a celebrity-politician to protect his image against commercial appropriation and the First Amendment rights of the public to lampoon that image, and commentators hoped that the case would set a precedent regarding how those rights should be balanced. Just three months later, however, before any court ruling had been made, the parties announced that they …

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Faculty Publications

Protecting democracy by combating inequality is the task of social justice lawyers. The practice of democracy mandates inclusion of the diverse populations of this nation into the social order. Social justice lawyers seek to give material meaning to democratic ideals in the daily lives of individuals and communities that are marginalized, subordinated, and underrepresented. Currently, not enough lawyers serve the disenfranchised and not enough lawyers emerge from disenfranchised communities. Hence, the disenfranchised continue to be denied access to legal resources, to the detriment of democracy.

Legal educators must begin to think about how to institutionalize consciousness about social justice as …

Policing The Border Between Trademarks And Free Speech: Protecting Unauthorized Trademark Use In Expressive Works, Pratheepan Gulasekaram

Faculty Publications

Artists and other creators of expressive works often include trademarks and trademarked products as part of their works. They do so for a number of reasons, including lighthearted humor, critical cultural commentary, parody, or even simply to shock. In instances where such use is both unauthorized by and perceived as disparaging to the mark owner or the trademarked product, owners have attempted to sue under trademark law to enjoin the expressive use. This Article argues that, under a proper analysis of trademark law, precedent, and the free expression ideal enshrined in the First Amendment, mark owners should rarely, if ever, …

Data Mining And Attention Consumption, Eric Goldman

Faculty Publications

This Essay challenges the prevailing hostility towards data mining and direct marketing. The Essay starts by defining data mining and shows that the only important step is how data is used, not its aggregation or sorting. The Essay then discusses one particular type of data use, the sending of direct marketing. The Essay establishes a model for calculating the private utility experienced by a direct marketing recipient. The model posits that utility is a function of the message's substantive content, the degree of attention consumed, and the recipient's reaction to receiving the message. The Essay concludes with some policy recommendations …

From Queer To Paternity: How Primary Gay Fathers Are Changing Fatherhood And Gay Identity, E. Gary Spitko

Faculty Publications

In this symposium paper, I reflect upon how public images of gay fathers who raise children from the start as a gay couple are likely to impact the identity both of gay men and of fatherhood. I consider both the perceptions of the larger society as well as the self-images of gay men and their perceptions of fatherhood. For ease of reference, I refer to such gay fathers who begin fathering while in a gay relationship as primary gay fathers. I contrast primary gay fathers with the first generation of gay fathers to come to American public consciousness - gay …

One Wedding And A Revolution: A Film By Debra Chasnoff, Jean C. Love, Patricia A. Cain

Faculty Publications

No abstract provided.

Arrival Timing And Seasonal Reproductive Performance In A Long-Distance Migratory Landbird, Robert J. Smith, Frank R. Moore

Faculty Publications

The date when a landbird migrant arrives on its breeding grounds may have reproductive consequences. Generally, early arriving individuals begin breeding earlier and consequently experience greater seasonal reproductive performance. Here, we describe relationships between arrival timing and seasonal reproductive performance in the American redstart (Setophaga ruticilla), a long-distance passerine migrant, arriving at northerly breeding grounds in Michigan’s eastern Upper Peninsula. Evidence suggests that both males and females benefited from early arrival at the breeding grounds. Early males appeared to settle on higher quality territories and hatched nestlings sooner than later arrivals. Early females began their clutches early, produced …

Judicial Selection As...Talk Radio, Michael J. Gerhardt

Faculty Publications

No abstract provided.

What Is Usability In The Context Of The Digital Library And How Can It Be Measured?, Judy Jeng

Faculty Publications

No abstract provided.

The Right To Reject: The First Amendment In A Media-Drenched Society, Patrick Garry

Faculty Publications

No abstract provided.

Monsoon-Driven Biogeochemical Processes In The Arabian Sea, Jerry D. Wiggert, Raleigh Hood, Karl Banse, John Kindle

Faculty Publications

Although it is nominally a tropical locale, the semiannual wind reversals associated with the Monsoon system of the Arabian Sea result annually in two distinct periods of elevated biological activity. While in both cases monsoonal forcing drives surface layer nutrient enrichment that supports increased rates of primary productivity, fundamentally different entrainment mechanisms are operating in summer (Southwest) and winter (Northeast) Monsoons. Moreover, the intervening intermonsoon periods, during which the region relaxes toward oligotrophic conditions more typical of tropical environments, provide a stark contrast to the dynamic biogeochemical activity of the monsoons. The resulting spatial and temporal variability is great and …

Web Site Quality And Usability In E-Commerce, Mei Cao, Qingyu Zhang

Faculty Publications

Web sites are being widely deployed commercially; however, the factors that affect the customer’s perception on the quality and acceptance of Web sites are unclear. Through a literature review on information systems success, ServQual, and trust, this chapter examines and integrates four sets of factors to capture the quality of e-commerce Web sites: system quality (functionality), information quality (content), service quality, and attractor. Based on the Technology Acceptance Model in comparison with the Theory of Reasoned Action and the theory of Human-Computer Interaction/Usability, a framework is developed relating the Web quality to customers’ beliefs (perceived usefulness and ease of use …

Beyond The 10/40 Window: When All You Thought You Had To Do Is Not Enough, Bruce Campbell Moyer

Faculty Publications

There is always a danger in being overly focused on a task. When this happens, we can fail to see other tasks or parallel tasks that are equally demanding. This paper focuses on some other “windows,” beyond the “10/40 Window,” that also call for serious attention, concerted prayer, specialized training, their own unique strategies, and a variety of personnel/gifts.

Merit Vs. Ideology, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

Technology-Augmented Courtrooms: Progress Amid A Few Complications, Or The Problematic Interrelationship Between Court And Counsel, Fredric I. Lederer

Faculty Publications

No abstract provided.

Structural Models For World Mission In The Twenty-First Century : An Adventist Perspective, Gorden R. Doss

Faculty Publications

No abstract provided.