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Articles 31 - 60 of 156
Full-Text Articles in Law
Defamation, Antidiscrimination And The Incredible Shrinking Actress, Amrita Mallik
Defamation, Antidiscrimination And The Incredible Shrinking Actress, Amrita Mallik
ExpressO
No abstract provided.
Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan
Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen
Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer
Panel Ii: Trademark Dilution Revision Act Implications, William G. Barber, Barton Beebe, Christine Haight Farley, Michael Heltzer
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe
A Defense Of The New Federal Trademark Antidilution Law, Barton Beebe
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy
The Trademark Dilution Revision Act - A Consumer Perspective, Paul Alan Levy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins
Panel Iii: United States V. Martignon - Case In Controversy, William Patry, David Patton, Robert W. Clarida, Marjorie Heins
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Correct-Like Decision In United States V. Martifnon, David Patton
The Correct-Like Decision In United States V. Martifnon, David Patton
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze
Hunting The Hunters: Ab 381 And California's Attempt To Restrain The Papparazzi, Samantha J. Katze
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley
Why We Are Confused About The Trademark Dilution Law, Christine Haight Farley
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan
Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks
Antitrust Aspects Of The "Access To Affordable Pharmaceuticals" Act: Incentives For Generics Out The Window?, Andrew H. Berks
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha
Lion In Winter – Tomás Moro Na Nossa Estação. Diálogos Com O Direito Constitucional, O Cristianismo E A Utopia Social, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Três tópicos sintetizam as preocupações da presente leitura de Tomás Moro: antes de mais, o direito constitucional e a polémica constitucional que acabou em crime político sob forma penal – a decapitação de Moro por traição; depois (mas apenas por comodidade depois, porque está antes de tudo em Moro), o cristianismo, mola propulsora da vida, do pensamento e da obra desta figura; finalmente, a utopia social, o seu contributo para a filosofia política, numa clave que normalmente não é a da maioria dos expoentes recentes do pensamento cristão – e daí, também, a sua originalidade.
Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon
Final Offer Arbitration In The New Era Of Major League Baseball, Spencer B. Gordon
ExpressO
This article provides a comprehensive analysis of the economic, athletic, and social impact of final offer salary arbitration in Major League Baseball (“MLB”). The article delves into the motivations, fluctuations, and evolution of the player-owner relationship and free agency. The commentary then focuses on the distinguishing features and intricacies of final offer arbitration. Although salary arbitration in the context of Major League Baseball is a topic oft discussed in the law review setting, the analysis rarely reaches the level exhibited in this article. Moreover, most articles on the subject were written between 1996 and 2000 when the 1994 players’ strike …
Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike
Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike
University of Michigan Journal of Law Reform
In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …
A Tale Of Two Trusts: The Barnes Foundation And The Isabella Stewart Gardner Museum, Jeannette H. Maurer
A Tale Of Two Trusts: The Barnes Foundation And The Isabella Stewart Gardner Museum, Jeannette H. Maurer
ExpressO
This paper examines the law of charitable trusts and donor intent through a comparison of two museums: the Barnes Foundation and the Isabella Stewart Gardner Museum. This paper first analyzes the framework of the Barnes trust and the Gardner trust and explores the various limitations each donor placed upon their trust instruments, including the similar restriction that, after their deaths, their art could never be moved from where they placed it in their respective galleries. The paper then compares and contrasts the Gardner trust with the Barnes trust and discusses how, given their initial similarities, the Gardner Museum has received …
The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino
The Rebirth Of The Nba - Well, Almost: An Analysis Of The Maurice Clarett Decision And Its Impact On The National Basketball Association, Kevin J. Cimino
West Virginia Law Review
No abstract provided.
Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren
Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren
ExpressO
In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …
As Our Heritage Crumbles Into Dust: The Threat Of State Law Protection For Pre-1972 Sound Recordings, Henry L. Mann
As Our Heritage Crumbles Into Dust: The Threat Of State Law Protection For Pre-1972 Sound Recordings, Henry L. Mann
ExpressO
This article examines the perplexing question of why U.S. copyright law allows states to grant virtually unlimited protection to sound recordings created prior to 1972. Although the Constitution grants the federal government commanding authority over the United States’ copyright regime, it appears that states are still free to do as they please in at least one important field. In the 2005 decision of Capitol Records, Inc. v. Naxos of America, Inc., the New York Court of Appeals breathed new life into the doctrine of common law copyright by holding that the rights-holder to a sound recording created any time before …
Haruki Murakami’S Legal Trilogy: A Paradigm Of The Postmodern Lawyer, Jacob Bing White
Haruki Murakami’S Legal Trilogy: A Paradigm Of The Postmodern Lawyer, Jacob Bing White
ExpressO
My article begins by exploring the negative effects that The Paper Chase’s Hart has had on the legal profession due to the modernist world that Hart inhabits. Next, I analyze the effects of modernism on the legal community though the legal trilogy of postmodern author Murakami. First, I use Murakami’s short stories, The Second Bakery Attack and The Wind-up Bird and Tuesday’s Women, to analyze the postmodern condition and compare it with the problems which many lawyers suffer. Secondly, I look at the stifling nature of formalism in the law, and examine Murakami’s combination of the mimetic with the formulaic …
Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg
Just Say "No Fishing": The Lure Of Metaphor, Beth Thornburg
ExpressO
The phrase “fishing expedition” is widely used in popular culture and in the law. In the case of metaphorical “fishing” in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of “fishing” also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Foreword: Engaging Documentaries Seriously, Regina Austin, Foreword
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Seven Ambiguities: Lawyers And The Making Of Well-Founded Fear, A Law-Genre Documentary, Shari Robertson, Michael Camerini
Seven Ambiguities: Lawyers And The Making Of Well-Founded Fear, A Law-Genre Documentary, Shari Robertson, Michael Camerini
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Videotaped Confessions And The Genre Of Documentary, Jessica Silbey
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin
Television Remixed: The Controversy Over Commercial–Skipping, Ethan O. Notkin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Super-Grokster: Untangling Secondary Liability, Comic Book Heroes And The Dmca, And A Filtering Solution For Infringing Digital Creations, Britton Payne
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Comic Book Citation Format, Britton Payne
Comic Book Citation Format, Britton Payne
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson
Decontextualization Of Musical Works: Should The Doctrine Of Moral Rights Be Extended?, Sarah C. Anderson
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer
Don't Give Me That!: Tax Valuation Of Gifts To Art Museums, Mary Varson Cromer
Washington and Lee Law Review
No abstract provided.
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Crime Victims As Subjects Of Documentaries: Exploitation Or Advocacy?, Roslyn Myers
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.