Digital Commons Network^™

The Future Of The Lemon Test: A Sweeter Alternative For Establishment Clause Analysis, Marcia S. Alembik

Georgia Law Review

For over three decades the Supreme Court has applied the three-pronged Lemon test to determine whether state actions violate the Establishment Clause. While the Lemon test remains the most widely accepted test for Establishment Clause analysis,the recent Supreme Court decisions of Van Orden v. Perry and McCreary County v. ACLU of Kentucky have highlighted the Court's ongoing unrest with its application. Although attempts at total replacement of the test have thus far proved unsuccessful, modifications and alternatives to the test and its individual prongs are continually introduced and applied. The Court's lack of a consistent, definite test for Establishment Clause …

Chicken Little Revisited: Nafta Regulatory Expropriations After Methanex, Jessica C. Lawrence

Georgia Law Review

In August, 2005, a NAFTA dispute-resolution panel handed down its decision in Methanex Corp. v. United States, holding that, inter alia, California's regulatory ban on the gasoline additive MTBE was not a regulatory expropriation under NAFTA's Article 1110. Many of NAFTA's supporters reacted jubilantly to the decision, claiming that it proved--contrary to the "doomsday predictions" of anti-NAFTA "Chicken Littles"--that the agreement's investment chapter does not interfere with states' ability to enact regulations designed to protect the public interest. Such elation, however, is premature. This Note explains how, far from having "consigned to the garbage heap" the idea that the regulatory …

Textualism In Gatt/Wto Jurisprudence: Lessons For The Constitutionalization Debate, Dongsheng Zang

Articles

Today, the World Trade Organization (WTO) jurisprudence is subject to tremendous controversy, the WTO panels' or Appellate Body's interpretation of a WTO text is often heatedly debated; and yet, there seems not much attention paid to the general methodology of interpretation in the practice of the General Agreement on Tariff and Trade (GATT) and WTO jurisprudence, even in a recent debate over constitutionalization between Petersmann and his critics. In rejecting his human rights approach to constitutionalization, Petersmann's critics, rightfully, warn him that he has failed to appreciate the complex relations between human rights and free trade in the history of …

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each respective field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an economic, incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.

Documenting The Impact Of Measure 37: Selected Case Studies, Sheila A. Martin, Katie Shriver

Institute of Metropolitan Studies Publications

Oregon has long been known for progressive planning policies and visionary government. The passage of Senate Bill 100 in 1973 ushered in Oregon’s modern era of land use planning and reflected a commitment by Oregonians to the protection of farm land and other natural resources while planning for substantial urban growth. Many other states have envied Oregon’s framework as they struggle with the pressures of urban sprawl. While other states were quickly converting farmland to residential uses, Oregon converted just over one percent of its farmland to other uses between 1982 and 1997.

On November 2, voters in Oregon chose …

Community Partner Indicators Of Engagement: An Action Research Study On Campus-Community Partnership, Sean J. Creighton

Antioch University Dissertations & Theses

The central purpose of this research study was to develop common indicators of engagement for civic initiatives between institutions of higher education and their community organization partners. The unique aspect of this study was that the indicators were generated by the community organizations participating as stakeholders in campus-community partnerships. Using an action research methodology that involved eleven community organization participants from the health and wellness sector, the study advocated for research that provided a deeper understanding of the perspectives of community organizations. Findings suggested that significant divides existed in core civic areas dealing with service-learning, relevance of academic research, and …

Podcasting And Copyright: The Impact Of Regulation On New Communication Technologies, Edward L. Carter, Scott Lunt

Santa Clara High Technology Law Journal

No abstract provided.

Calibrating Patent Lifetimes, Eric E. Johnson

Santa Clara High Technology Law Journal

No abstract provided.

Territorial Impact Factors: An Argument For Determining Patent Infringement Based Upon Impact On The U.S. Market, Elizabeth M. N. Morris

Santa Clara High Technology Law Journal

No abstract provided.

Geographical Indications Of Origin: Should They Be Protected And Why? An Analysis Of The Issue From The U.S. And Eu Perspectives, Lina Monten

Santa Clara High Technology Law Journal

No abstract provided.

The Right Of Integrity In Software: An Economic Analysis, Yonatan Even

Santa Clara High Technology Law Journal

No abstract provided.

The Intent Element Of Induced Infringement, Timothy R. Holbrook

Santa Clara High Technology Law Journal

No abstract provided.

Common-Sense (Federal) Common Law Adrift In A Statutory Sea, Or Why Grokster Was A Unanimous Decision, Jay R. Dratler

Santa Clara High Technology Law Journal

No abstract provided.

A Brief History Of Indirect Liability For Patent Infringement, Charles W. Adams

Santa Clara High Technology Law Journal

No abstract provided.

Secondary Liability For Trade Secret Misappropriation: A Comment, Robert G. Bone

Santa Clara High Technology Law Journal

No abstract provided.

Rebalancing Section 512 To Protect Fair Users From Herds Of Mice - Trampling Elephants, Or A Little Due Process Is Not Such A Dangerous Thing, Malla Pollack

Santa Clara High Technology Law Journal

No abstract provided.

Importing Kazaa - Exporting Grokster, Graeme W. Austin

Santa Clara High Technology Law Journal

No abstract provided.

The Negligent Enablement Of Trade Secret Misappropriation, Michael L. Rustad

Santa Clara High Technology Law Journal

No abstract provided.

Efficient Process Or Chilling Effects - Takedown Notices Under Section 512 Of The Digital Millennium Copyright Act, Jennifer M. Urban, Laura Quilter

Santa Clara High Technology Law Journal

No abstract provided.

Lost In Translation - Data Mining, National Security And The Adverse Inference Problem, Anita Ramasastry

Santa Clara High Technology Law Journal

No abstract provided.

Rfid And Other Embedded Technologies Who Owns The Data, Lars S. Smith

Santa Clara High Technology Law Journal

No abstract provided.

Liability Of Computer Maintenance Providers Under Copyright Law: Storage Tech. Corp. V. Custom Hardware Eng'g & Consulting, Inc., Dean L. Franklin, Timothy D. Krieger

Santa Clara High Technology Law Journal

No abstract provided.

Sotelo V. Directrevenue, Llc: Paving The Way For Spyware-Free Internet, Julie Anderson, David Fish

Santa Clara High Technology Law Journal

No abstract provided.

Genetic Databases And Biobanks: Who Controls Our Genetic Privacy, Yael Bregman-Eschet

Santa Clara High Technology Law Journal

No abstract provided.

Representative Patent Claims: Their Use In Appeals To The Board And In Infringement Litigation, Patricia E. Campbell

Santa Clara High Technology Law Journal

No abstract provided.

Hiding From The Boss Online: The Anti-Employer Blogger's Legal Quest For Anonymity, Konrad S. Lee

Santa Clara High Technology Law Journal

No abstract provided.

Joint Infringement Of Patent Claims: Advice For Patentees, Sriranga Veeraraghavan

Santa Clara High Technology Law Journal

No abstract provided.

Regulatory Status Of Voip In The Post-Brand X World, Jerry Ellig, Alastair Walling

Santa Clara High Technology Law Journal

No abstract provided.

Death Of Procedural Safeguards: Prior Restraint, Due Process And The Elusive First Amendment Value Of Content Neutrality, Edward L. Carter, Brad Clark

Faculty Publications

In recent years, federal courts eroded the procedural safeguards required for prior restraint licensing schemes established in Freedman v. Maryland. The Supreme Court of the United States stated that the dangers of prior restraint were accounted for by content neutrality. But a close examination of federal courts of appeals opinions since 2002 reveals that erosion of procedural safeguards may threaten speech interests. First, procedural safeguards have not been required, in some cases, even for content-based prior restraints. Second, courts of appeals have held that, in the context of content-neutral prior restraints, the First Amendment no longer requires a time limit …

Mormon Media History Timeline: 1827-2007, Sherry Baker

Faculty Publications

This timeline is a work in progress. It is posted currently as a PDF file in order to make it available in a timely manner to scholars who are working on Mormon media history, or any other scholarship for which it might be helpful and informative. It is anticipated that the timeline eventually will be reworked into media formats that will make it more accessible, and that will allow it to be updated, enhanced, and corrected over time. If you wish to comment upon this Mormon Media History Timeline, contact Sherry Baker at [email protected].