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2000

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A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao Nguyen Jan 2000

A Circus Among The Circuits: Would The Truly Famous And Diluted Performer Please Stand Up? The Federal Trademark Dilution Act And Its Challenges, Xuan-Thao Nguyen

Articles

Sometimes, nothing is more painful than the truth. Congress passed the celebrated Federal Trademark Dilution Act of 1995 (“the Act” or the “Dilution Act”) with great hope that it would create a uniform anti-dilution law, end forum shopping, and encourage trademark owners to build brand equity with more ease. Congress was overwhelmingly in favor the Act, and thus passed it with little debate, leaving behind a sparse congressional record. In its haste to pass the Act, Congress failed to address whether the Act extends to product design marks; whether the Act requires proof of actual economic harm, or if likelihood …

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Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee Jan 2000

Understanding Internet Co-Branding Deals, Eric Goldman, Candice Lee

Santa Clara High Technology Law Journal

No abstract provided.

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The Limitations Of Trademark Law In Addressing Trademark Keyword Banners, Matthew A. Kaminer Jan 2000

The Limitations Of Trademark Law In Addressing Trademark Keyword Banners, Matthew A. Kaminer

Santa Clara High Technology Law Journal

No abstract provided.

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Public Data And Personal Privacy, Steven C. Carlson, Ernest D. Miller Jan 2000

Public Data And Personal Privacy, Steven C. Carlson, Ernest D. Miller

Santa Clara High Technology Law Journal

No abstract provided.

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Windfall Property Rights For The Left Out Co-Inventor Who Gets Let Into The Patent, Philip Konecny Jan 2000

Windfall Property Rights For The Left Out Co-Inventor Who Gets Let Into The Patent, Philip Konecny

Santa Clara High Technology Law Journal

No abstract provided.

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Privacy On The Internet: The Evolving Legal Landscape , Debra A. Valentine Jan 2000

Privacy On The Internet: The Evolving Legal Landscape , Debra A. Valentine

Santa Clara High Technology Law Journal

No abstract provided.

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Wang Laboratories, Inc. V. America Online, Inc. And Netscape Communications Corp., Daniel R. Harris, Janice N. Chan Jan 2000

Wang Laboratories, Inc. V. America Online, Inc. And Netscape Communications Corp., Daniel R. Harris, Janice N. Chan

Santa Clara High Technology Law Journal

No abstract provided.

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Atmel Corporation V. Information Storage Devices, Inc., Albert Smith, Jennifer Ishimoto Jan 2000

Atmel Corporation V. Information Storage Devices, Inc., Albert Smith, Jennifer Ishimoto

Santa Clara High Technology Law Journal

No abstract provided.

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The Toro Company V. White Consolidated Industries, Inc., C. Douglass Thomas Jan 2000

The Toro Company V. White Consolidated Industries, Inc., C. Douglass Thomas

Santa Clara High Technology Law Journal

No abstract provided.

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Fall 2000 Jan 2000

Fall 2000

University of Richmond Magazine

No abstract provided.

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Empirical Implications Of Title I, Michael Ashley Stein Jan 2000

Empirical Implications Of Title I, Michael Ashley Stein

Faculty Publications

No abstract provided.

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Limitation Of Liability, Craig Allen Jan 2000

Limitation Of Liability, Craig Allen

Articles

From the list of "problems" with the Limitation Act in the U.S. that are within the federal courts' power to resolve, I have elected to discuss three. Necessarily, the coverage of each problem will be brief. After a short summary of the Limitation Act's principal features, the essay examines the recurring confusion over the relevance of unseaworthiness in limitation actions. Second, it highlights the need to update the courts' choice of law doctrine for limitation issues. Finally, it turns to an issue that is only beginning to emerge, and one which the federal courts may yet save from idiosyncratic precedents …

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Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen Jan 2000

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Iv), Craig H. Allen

Articles

No abstract provided.

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Digital Multimedia Development Processes And Optimizing Techniques, David L. Thompson Jan 2000

Digital Multimedia Development Processes And Optimizing Techniques, David L. Thompson

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Nesting Habitat Selection And Productivity Of Northern Goshawks In West-Central Montana, Lorraine T. Clough Jan 2000

Nesting Habitat Selection And Productivity Of Northern Goshawks In West-Central Montana, Lorraine T. Clough

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Family Structure As A Primary Agent Of Socialization And The Relationship Between Behavior Attitude And Peers, Karen M. Foote Jan 2000

Family Structure As A Primary Agent Of Socialization And The Relationship Between Behavior Attitude And Peers, Karen M. Foote

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.

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Childhood Sexual Abuse And Pathogenic Parenting In The Childhood Recollections Of Adult Twin Pairs, Tara L. Mclaughlin, Andrew C. Heath, Kathleen K. Bucholz, Pamela A F Madden, Laura J. Bierut, Wendy S. Slutske, Stephen H. Dinwiddie, Dixie J. Statham, Michael P. Dunne, Nicholas G. Martin Jan 2000

Childhood Sexual Abuse And Pathogenic Parenting In The Childhood Recollections Of Adult Twin Pairs, Tara L. Mclaughlin, Andrew C. Heath, Kathleen K. Bucholz, Pamela A F Madden, Laura J. Bierut, Wendy S. Slutske, Stephen H. Dinwiddie, Dixie J. Statham, Michael P. Dunne, Nicholas G. Martin

Open Access Publications

No abstract provided.

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The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault Jan 2000

The Riddle Of Harmless Error In Michigan, Elizabeth Price Foley, Robert M. Filiatrault

Faculty Publications

Examines the harmless error rule as interpreted by Michigan case law.

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A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román Jan 2000

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the …

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Letters Of Credit As Signals: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Clayton P. Gillette Jan 2000

Letters Of Credit As Signals: Comments On Ronald Mann's 'The Role Of Letters Of Credit In Payment Transactions', Clayton P. Gillette

Michigan Law Review

Why would buyers and sellers transact with each other through a third party that charges a significant fee for its services and that typically is authorized to make payment notwithstanding noncompliance with the very prerequisites that it has been engaged to monitor? This is the puzzle that Ronald Mann's provocative and nuanced article purports to explain. Under the traditional story about the esoteric world of letters of credit, these transactions allow distant buyers and sellers to circumvent obstacles that would otherwise frustrate long-distance transactions. The traditional story explains that these credits induce buyers to approve payment prior to receiving conforming …

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Exploring The Battle Of The Forms In Action, Daniel Keating Jan 2000

Exploring The Battle Of The Forms In Action, Daniel Keating

Michigan Law Review

Like many commercial law professors, I have long been fascinated with the workings of the Uniform Commercial Code's section 2-207, the "battle of the forms" provision. There are two features of that section, one internal and one external, that make it such an intriguing statute to ponder. The internal source of fascination with section 2-207 is that it provides a classic model for teaching students about the intricacies of statutory construction. There is probably no other provision within U.C.C. Article 2 that provides more confusion to law students and more challenge to the instructor than does section 2-207. There is …

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On The Use Of Practitioner Surveys In Commercial Law Research: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Avery Wiener Katz Jan 2000

On The Use Of Practitioner Surveys In Commercial Law Research: Comments On Daniel Keating's 'Exploring The Battle Of The Forms In Action', Avery Wiener Katz

Michigan Law Review

As Daniel Keating's principal article attests, the literature on U.C.C. section 2-207 and the "battle of the forms" is both vast and intricate. 1 That fact, together with the distinguished array of commentators assembled here, makes it unlikely that I will be able to say anything substantially original on that subject. Accordingly, in the spirit of this overall symposium, I will focus the bulk of my remarks not on the substantive issues raised by Keating's article, but on his methodology. In particular, I will suggest that Keating's empirical method - the free-form, oral interview conducted personally by the principal researcher …

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Economic Feasibility Of Trout Production In West Virginia: A Mixed Integer And Quadratic-Programming Analysis., Frank H. Fidler Iv Jan 2000

Economic Feasibility Of Trout Production In West Virginia: A Mixed Integer And Quadratic-Programming Analysis., Frank H. Fidler Iv

Graduate Theses, Dissertations, and Problem Reports (ETD)

The objective of this study was to determine the profitability and risk-return characteristics of trout production in West Virginia. A combination of primary data (from a producer survey) and secondary data (from published sources and expert opinion) was used. Two sets of models (mixed-integer and quadratic-programming/portfolio) were estimated. Raceways and tanks were the two types of systems analyzed, for three different production capacities. The alternatives for the portfolio analysis included investment in a CD (to represent opportunity cost), food-fish production for sale to processors, and recreational or fee fishing. Results show that as production levels increase, raceway systems are generally …

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Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis Jan 2000

Foreword-Symposium: Straightening It Out: Joan William On Unbending Gender, Adrienne D. Davis

Scholarship@WashULaw

As most men and women acknowledge, gender is a battleground. Most of us are fairly clear on biological sex: who bears children, who ejaculates sperm, even whose (big) hands might open a stuck jar and whose (smaller ones) could pull that cufflink out of the garbage disposal. What remains less clear is how social gender roles flow from this: Does lactation result in eighteen years of primary caregiving? Should the chemical realities of testosterone shape the law governing sexual assault? 3 Should the dynamics of heterosexual relationships mirror the physics of heterosexual intercourse (penetration equals power)? Does the reality of …

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Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo Jan 2000

Beyond The Limits Of Equity Jurisprudence: No-Fault Equitable Subordination, Rafael I. Pardo

Scholarship@WashULaw

In two 1996 decisions involving equitable subordination of claims in bankruptcy cases, United States v. Noland and United States v. Reorganized CF&I Fabricators of Utah, Inc., the Supreme Court did not answer the question of whether a bankruptcy court must find creditor misconduct before it equitably subordinates a creditor's claim. This Note argues that the Court should have established a bright-line rule that requires such a finding, using prepetition, nonpecuniary loss tax penalty claims of the IRS as a model. After showing that, as codified in the Bankruptcy Code, the doctrine of equitable subordination requires a finding of creditor misconduct, …

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Faculty Publications 1999, Lsu Health Sciences Center New Orleans Jan 2000

Faculty Publications 1999, Lsu Health Sciences Center New Orleans

Historical Faculty Publications

This Faculty bibliography contains 871 publications.

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Elements Of Writers Workshops In A Third Grade Classroom, Gale L. Nagunst Jan 2000

Elements Of Writers Workshops In A Third Grade Classroom, Gale L. Nagunst

Graduate Research Papers

The act of writing is a natural process and should be treated as such. For children seven years and older, writing usually is not a linear act that follows a prescribed set of steps in a particular order, but a recursive process in which writers move forward and back through the different components of writing to make meaning. A classroom that includes writers workshops, or groups of children working together to interact about writing, must incorporate several important elements to allow this recursive, natural process to happen. These elements include classroom organization, ample writing time, models of writing, teacher instruction …

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Book Clubs And Their Effect On Mother-Daughter Relationships, Kimberly Wise Jan 2000

Book Clubs And Their Effect On Mother-Daughter Relationships, Kimberly Wise

Graduate Research Papers

The purpose of this research paper was to examine book clubs and how they affect the mother/daughter relationship. Thirteen seventh grade girls and their mothers began participating in the book club. The members were surveyed during the initial organizational meeting as to their conversational habits with one another as well as their perceptions of the quality of their mother/daughter relationship. The members then participated in several book club meetings. During the meetings discussions were held which included topics such as characterization, plot, theme, climate, tone, and voice. Mothers and daughters were asked to reflect upon their own life experiences in …

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Writing Portfolios In A Second Grade English As A Second Language Classroom, Adriana Vargas Jan 2000

Writing Portfolios In A Second Grade English As A Second Language Classroom, Adriana Vargas

Graduate Research Papers

Student reflection in collaboration with the teacher is an important element in the describing children's involvement in the writing process and their instructional needs. Such description, or qualitative assessment, is necessary as language is a process. Several qualitative assessment techniques that support each other can further children's self-reflection, or self-evaluation, such as journaling, conferencing, and portfolio construction. These techniques can closely relate instruction and assessment. This article describes the implementation of portfolios in a second grade classroom in which English is a second language. Two students, each with different English language abilities, were selected to focus in this implementation stage.

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Patterns Of Talk: A Micro-Landscape Perspective, Jerry Gale Jan 2000

Patterns Of Talk: A Micro-Landscape Perspective, Jerry Gale

The Qualitative Report

This paper provides a introduction to conversation analysis. CA is traced from its roots to ethnomethodology, and five features of talk are examined (turn taking procedures, adjacency pairs, presequences, formulations, and accounts). Clinical examples are provided. The relevance of CA to clinicians, researchers and supervisors is also discussed.

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