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Full-Text Articles in Law
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Law and Contemporary Problems
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Law and Contemporary Problems
Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.
Post-Enactment Legislative Signals, William Eskridge Jr.
Post-Enactment Legislative Signals, William Eskridge Jr.
Law and Contemporary Problems
Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Law and Contemporary Problems
The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
Law and Contemporary Problems
The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Law and Contemporary Problems
McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
Law and Contemporary Problems
Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.