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Full-Text Articles in Law

How Fine Art Fares Post Vara, Roberta Rosenthal Kwall Jan 1997

How Fine Art Fares Post Vara, Roberta Rosenthal Kwall

Marquette Intellectual Property Law Review

Professor Kwall discusses the implications of the recently enacted Visual Artists Rights Act ("VARA"). VARA, the only U.S. statute addressing the issue of moral rights, attempts to protect an artist's personal rights in his own works. Kwall details the effectiveness of the Act in a society that has not traditionally recognized such rights. Professor Kwall examines the many flaws of VARA and supports further legislation to strengthen the protection of artists' moral rights.


Of Moral Right And Righteousness, Sharon W. Halpern Jan 1997

Of Moral Right And Righteousness, Sharon W. Halpern

Marquette Intellectual Property Law Review

In response to Professor Kwall's article, Professor Halpern provides an exploration of the differences between European countries that provide broad moral right protection and the United States. Professor Halpern recommends an examination of the role artists and creators of intellectual property play in the culture of the United States in order to form a consensus on which a United States moral right regime may be built.


Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman Jan 1997

Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman

Marquette Intellectual Property Law Review

The authors review recent decisions of the United States Court of Appeals for the Federal Circuit concerning "means claims" in order to provide practical guidelines and reduce the confusion surrounding 35 U.S.C. § 112 ¶ 6.


United States' Moral Right Developments In European Perspective, Marina Santilli Jan 1997

United States' Moral Right Developments In European Perspective, Marina Santilli

Marquette Intellectual Property Law Review

Professor Santilli provides a European perspective on the United States' recent enactment of VARA. She questions the United States' commitment to the recognition of moral rights by scrutinizing the effectiveness of the Act. Her article provides commentary on Professor Kwall's article and a comparative analysis of moral rights.


Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe Jan 1997

Procd, Inc. V. Zeindenberg: An Emerging Trend In Shrinkwrap Licensing?, Jerry David Monroe

Marquette Intellectual Property Law Review

The author discusses the implications of the United States Court of Appeals for the Seventh Circuit's decision in ProCD, Inc. v. Zeindenberg. As Monroe explains, until this decision, the courts have been reluctant to uphold the legal consequences of shrinkwrap licenses. Monroe provides an analysis of the interplay between contract law and copyright law to provide a thorough understanding of this emerging trend in intellectual property.


Table Of Contents Jan 1997

Table Of Contents

Marquette Intellectual Property Law Review

None


The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler Jan 1997

The European "Community Trade Mark": Is It Worth The Bother?, Daniel G. Radler

Marquette Intellectual Property Law Review

In growing regional societies such as the European Union, there is a recognized need for standardization of trademark protection. Radler discusses the recent creation of the "Community Trade Mark" ("CTM") and analyzes the pros, the cons, and the alternatives to regional trademark protection within the EU. Concluding that the CTM is the most appropriate alternative, Radler suggests that the CTM provides uniformity, efficiency, and a means for further harmonization.


Why We Honor Robert F. Boden (Speech), Howard B. Eisenberg Jan 1997

Why We Honor Robert F. Boden (Speech), Howard B. Eisenberg

Marquette Law Review

No abstract provided.


Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick Jan 1997

Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick

Marquette Sports Law Review

No abstract provided.


Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr. Jan 1997

Attorneys Qua Sports Agents: An Ethical Conundrum, Walter T. Champion, Jr.

Marquette Sports Law Review

No abstract provided.


An Ethical And Legal Dilemma: Participation In Sports By Hiv Infected Athletes, John T. Wolohan Jan 1997

An Ethical And Legal Dilemma: Participation In Sports By Hiv Infected Athletes, John T. Wolohan

Marquette Sports Law Review

No abstract provided.


Ganden V. Ncaa: How The Ncaa's Efforts To Clean Up Its Image Have Created An Ethical And Legal Dilemma, W. S. Miller Jan 1997

Ganden V. Ncaa: How The Ncaa's Efforts To Clean Up Its Image Have Created An Ethical And Legal Dilemma, W. S. Miller

Marquette Sports Law Review

No abstract provided.


Book Review: Character Is Everything: Promoting Ethical Excellence In Sports, Paul M. Anderson Jan 1997

Book Review: Character Is Everything: Promoting Ethical Excellence In Sports, Paul M. Anderson

Marquette Sports Law Review

No abstract provided.


Table Of Contents Jan 1997

Table Of Contents

Marquette Sports Law Review

No abstract provided.


We'll Take The Yankees: Assessing The Feasibility Of State Condemnation Of Baseball's Greatest Franchise, Rafael A. Declet Jr. Jan 1997

We'll Take The Yankees: Assessing The Feasibility Of State Condemnation Of Baseball's Greatest Franchise, Rafael A. Declet Jr.

Marquette Sports Law Review

No abstract provided.


Athletes And Drug Testing: Do We Care If Athletes Inhale?, Dante Marrazzo Jan 1997

Athletes And Drug Testing: Do We Care If Athletes Inhale?, Dante Marrazzo

Marquette Sports Law Review

No abstract provided.


The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson Jan 1997

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson

Marquette Law Review

No abstract provided.


Wisconsin's Journey To Just Solutions, R. William Ide Iii Jan 1997

Wisconsin's Journey To Just Solutions, R. William Ide Iii

Marquette Law Review

No abstract provided.


Law And The Concept Of The Core Self: Toward A Reconciliation Of Naturalism And Humanism, John L. Hill Jan 1997

Law And The Concept Of The Core Self: Toward A Reconciliation Of Naturalism And Humanism, John L. Hill

Marquette Law Review

No abstract provided.


When The Boss Steps Over The Line: Supervisor Liability Under Title Vii, Kathryn K. Hensiak Jan 1997

When The Boss Steps Over The Line: Supervisor Liability Under Title Vii, Kathryn K. Hensiak

Marquette Law Review

No abstract provided.


The Public, The Private And The Corporation, Paul N. Cox Jan 1997

The Public, The Private And The Corporation, Paul N. Cox

Marquette Law Review

No abstract provided.


Newborns' And Mothers' Health Protection Act: Putting The Brakes On Drive-Through Deliveries, Debra E. Kuper Jan 1997

Newborns' And Mothers' Health Protection Act: Putting The Brakes On Drive-Through Deliveries, Debra E. Kuper

Marquette Law Review

No abstract provided.


Preface, The 1996-97 Editorial Board Jan 1997

Preface, The 1996-97 Editorial Board

Marquette Law Review

No abstract provided.


Introduction To The Report Of The Commission On The Delivery Of Legal Services, Shirley S. Abrahamson Jan 1997

Introduction To The Report Of The Commission On The Delivery Of Legal Services, Shirley S. Abrahamson

Marquette Law Review

No abstract provided.


The Importance And Place Of The Wisconsin Reports On The Delivery Of Legal Services And Legal Education, Howard B. Eisenberg Jan 1997

The Importance And Place Of The Wisconsin Reports On The Delivery Of Legal Services And Legal Education, Howard B. Eisenberg

Marquette Law Review

No abstract provided.


Will Justice Be Rationed?, Jerome J. Shestack Jan 1997

Will Justice Be Rationed?, Jerome J. Shestack

Marquette Law Review

No abstract provided.


The Shared Responsibility For A Profession, Robert Maccrate Jan 1997

The Shared Responsibility For A Profession, Robert Maccrate

Marquette Law Review

No abstract provided.


Skills, Values, And Education: The Maccrate Report Finds A Home In Wisconsin, Graham C. Lilly Jan 1997

Skills, Values, And Education: The Maccrate Report Finds A Home In Wisconsin, Graham C. Lilly

Marquette Law Review

No abstract provided.


Central Planning Or Market Controls In Legal Education: How To Decide What Lawyers Should Know, Michael K. Mcchrystal Jan 1997

Central Planning Or Market Controls In Legal Education: How To Decide What Lawyers Should Know, Michael K. Mcchrystal

Marquette Law Review

No abstract provided.


Combating Prenatal Substance Abuse: The State's Current Approach And The Novel Approach Of Court-Ordered Protective Custody Of The Fetus, Cynthia L. Glaze Jan 1997

Combating Prenatal Substance Abuse: The State's Current Approach And The Novel Approach Of Court-Ordered Protective Custody Of The Fetus, Cynthia L. Glaze

Marquette Law Review

No abstract provided.