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Articles 19621 - 19650 of 20598
Full-Text Articles in Entire DC Network
Copyright Law, David Goldberg, Jane C. Ginsburg
Copyright Law, David Goldberg, Jane C. Ginsburg
Faculty Scholarship
In 1983 and 1984 the federal courts continued to interpret the changes in copyright law effectuated by the 1976 Copyright Act. During this period the United States Supreme Court decided its first copyright case since adoption of the 1976 Act. In general, the year's decisions tend to accord expanded copyright protection to authors. Several decisions, however, have provoked or exacerbated uncertainties in a number of areas, including the protection accorded nonfiction works, the "fair use" excuse to copyright infringement, and compliance with the U.S. copyright formality of affixing notice to published copies of a work.
Visions Of Practice In Legal Thought, William H. Simon
Visions Of Practice In Legal Thought, William H. Simon
Faculty Scholarship
This essay contrasts the vision of law practice expressed in the established professional culture with a vision derived from recent Critical legal writing.
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
The Louis Stein Institute For Professional Responsibility And Leadership, Joseph Perillo
Faculty Scholarship
No abstract provided.
Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum
Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum
Faculty Scholarship
The author reviews the nature of disputes and mechanisms for dispute
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
U.S. Software Protection: Problems Of Trade Secret Estoppel Under International And Brazilian Technology Transfer Regimes Note, Joel R. Reidenberg
Faculty Scholarship
This note describes the fundamental aspects of software protection and applies the requisites of U.S. trade secret protection to software. After explaining how the UNCTAD and Brazilian transfer of technology regimes apply to software licensing arrangements, this note argues that software distribution under these regimes estops U.S. trade secret protection by defeating the requisites of secrecy and competitive advantage. Specifically, the effects of the UNCTAD Draft International Code of Conduct on the Transfer of Technology (UNCTAD Code) and the Brazilian technology transfer regulations are analyzed to demonstrate the difficulties posed by legal regimes being considered and already in force in …
Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell
Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell
Faculty Scholarship
No abstract provided.
Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond
Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond
Faculty Scholarship
No abstract provided.
The Depublication Practice Of The California Supreme Court, Joseph R. Grodin
The Depublication Practice Of The California Supreme Court, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz
Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz
Faculty Scholarship
No abstract provided.
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp
Faculty Scholarship
No abstract provided.
The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine
The Authority For The Appointment Of Remedial Special Masters In Federal Institutional Reform Litigation: The History Reconsidered, David I. Levine
Faculty Scholarship
No abstract provided.
Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine
Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine
Faculty Scholarship
No abstract provided.
The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus
The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall
Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall
Faculty Scholarship
No abstract provided.
A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate
A Special Pleading Rule For Civil Rights Complaints: A Step Forward Or A Step Back?, C. Keith Wingate
Faculty Scholarship
No abstract provided.
Rectification Of Client Fraud: Death And Revival Of A Professional Norm, Geoffrey C. Hazard Jr.
Rectification Of Client Fraud: Death And Revival Of A Professional Norm, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Preclusion As To Issues Of Law: The Legal System's Interest, Geoffrey C. Hazard Jr.
Preclusion As To Issues Of Law: The Legal System's Interest, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Sources In American Legal History, Jenni Parrish
Sources In American Legal History, Jenni Parrish
Faculty Scholarship
No abstract provided.
On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish
On The Outside Looking In: The Legal Historian's Perspective On Rare Book Collections, Jenni Parrish
Faculty Scholarship
No abstract provided.
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince
Faculty Scholarship
No abstract provided.
Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton
Recent Developments In Tax-Exempt Organizations, Stephen Schwarz, William T. Hutton
Faculty Scholarship
No abstract provided.
Grading The Judge, William W. Schwarzer
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
The "Discovery" Of Sexual Abuse: Experts' Role In Legal Policy Formulation, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Interest Elements In Tax Planning, Daniel S. Goldberg
Interest Elements In Tax Planning, Daniel S. Goldberg
Faculty Scholarship
This article discusses how interest has been and is being used in tax planning. The tax planning techniques using interest include charging too little interest or none at all, recalssifying interest as principal and allocating interest among time periods to optimize the tax consequences to the parties. The issues raised by these tax planning techniques go to the heart of the tax system. They suggest inadequacies in the development of the case law and in conventional tax thinking. The unifying principal is the divergence between the possible tax consequences and the clear economic consequences of each of the transactions. The …
An Economic Analysis Of Royalty Terms In Patent Licenses, Michael J. Meurer
An Economic Analysis Of Royalty Terms In Patent Licenses, Michael J. Meurer
Faculty Scholarship
Efficient exploitation of a patent often requires patentees to license users of their inventions. The courts, on the other hand, have proscribed many forms of license agreements and discouraged patent licensing in general, thereby diminishing the efficacy of the patent system as a stimulus to R & D. This negative attitude is attributable to fears that licensing will be used to protect invalid patents and secure illegitimate extensions of monopoly power. Part I of this Note reviews judicial treatment of certain royalty terms in patent licenses, describing the restraints the courts have imposed on the freedom of patentees to license …
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Apartheid Baltimore Style: The Residential Segregation Ordinances Of 1910-1913, Garrett Power
Faculty Scholarship
On May 15, 1911, Baltimore Mayor J. Barry Mahool signed into law an ordinance for “preserving the peace, preventing conflict and ill feeling between the white and colored races in Baltimore City.” This ordinance provided for the use of separate blocks by African American and whites and was the first such law in the nation directly aimed at segregating black and white homeowners. This article considers the historical significance of Baltimore’s first housing segregation law.
Fiduciary Law, Tamar Frankel
Fiduciary Law, Tamar Frankel
Faculty Scholarship
In the business realm, the fiduciary duties of partners, corporate directors, and officers originated with the formation of partnerships and corporations, but majority shareholders were not subjected to fiduciary duties until this century. ... As in a status relation, one party to a fiduciary relation (the entrustor) is dependent on the other (the fiduciary). ... For example, a trust is defined as a fiduciary relation in which property is transferred to the trustee. ... A trustee is chosen by the trustor, and must be able to manage the trust assets independently of the beneficiary's control. ... It further shows that …
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron Twerski
From Risk-Utility To Consumer Expectations: Enhancing The Role Of Judicial Screening In Product Liability Litigation, Aaron Twerski
Faculty Scholarship
No abstract provided.
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Equal Divisions In The Supreme Court: History, Problems, And Proposals, William L. Reynolds, Gordon G. Young
Faculty Scholarship
No abstract provided.