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Articles 1 - 30 of 129
Full-Text Articles in Law
A Mosquito In The Ointment: Adverse Hipaa Implications For Health-Related Remote Sensing Research And A "Reasonable" Solution, Paul M. Secunda
A Mosquito In The Ointment: Adverse Hipaa Implications For Health-Related Remote Sensing Research And A "Reasonable" Solution, Paul M. Secunda
Faculty Publications
No abstract provided.
The Correlation Between Team Payroll And Competitive Performance In Professional Sports Leagues, Ralph C. Anzivino
The Correlation Between Team Payroll And Competitive Performance In Professional Sports Leagues, Ralph C. Anzivino
Faculty Publications
No abstract provided.
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie
Marquette Intellectual Property Law Review
Professor Dinwoodie discusses the Rehnquist Supreme Court and its current approach to addressing trademark jurisprudence. Professor Dinwoodie concludes that although the Court has not employed a consistent methodological approach to resolving trademark problems, the opinions do suggest that there are certain values that dictate the outcomes in trademark cases before the Rehnquist Court.
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio
Marquette Intellectual Property Law Review
This article critically analyzes the agreement implementing Paragraph 6 of the Doha Declaration. The author briefly details the trend of linking intellectual property rights to international trade before summarizing the pertinent provisions of the TRIPs Agreement. The author then introduces the controversy surrounding access to medicines by first detailing the global events that brought the issue to the fore and then by evaluating the accomplishments and unanswered questions of the Doha Declaration. The author also discusses the agreement implementing the Paragraph 6 Mandate, critically analyzes its provisions, and addresses several lingering questions and problems unaddressed by this agreement. The author …
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec
Marquette Intellectual Property Law Review
This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …
What Are You Looking At? Eliminating Consideration Of The General Public And The Ultimate Question In A Trade Dress Initial Interest Confusion Analysis., Paul J. Krause
Marquette Intellectual Property Law Review
This comment addresses the concept of initial interest confusion in trade dress law and examines several different courts' approaches to the doctrine. Through the discussion, it becomes evident that while being careful to avoid bypassing an analysis of the likelihood of confusion factors, courts should also use the doctrine to determine confusion of potential purchasers. Failing to account for certain factors, such as the sophistication of the relevant consumer group, may allow courts to skew the likelihood of confusion factors in an initial interest confusion analysis. In sum, the author argues that courts should conduct a thorough analysis of likelihood …
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski
Marquette Intellectual Property Law Review
This comment examines the current state of downloading of copyrighted material using peer-to-peer (P2P) technology. The author overviews the P2P technology and details tactics being used by copyright holders to protect their works on the P2P networks. The author next analyzes various legal issues surrounding the copyright-protection tactics. The author concludes by examining proposed legislation designed to benefit copyright holders and asserts that Congressional intervention enabling sabotage tactics will not solve the P2P problem because such retaliatory measures will only worsen the situation by aggravating music lovers.
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
What Does Pruneyard Have To Do With California Internet Trade Secret Law?, Adam J. Sheridan
Marquette Intellectual Property Law Review
This comment discusses the facts of the Bunner case and the decisions of the Sixth District and the Supreme Court. The Bunner case involves Andrew Bunner and his act of putting a link on his Web page allowing visitors to access a Digitial Video Disc (DVD) descrambler program, which allowed a computer user to decrypt DVDs. The DVD Copy Control Association sought an injunction against Bunner under the California Uniform Trade Secrets Act (UTSA). The author analyzes the historical protection given free speech and trade secrets under California law. Looking at the Bunner case in light of Pruneyard, the author …
Wisconsin's Sex Offender Registration And Notification Laws: Has The Wisconsin Legilature Left The Criminals And The Constitution Behind?, Melissa Blair
Marquette Law Review
No abstract provided.
Teachable Moments For Teachers…Teaching Students About The Legal Reader: The Reader Who Won’T Be Taken For A Ride, Jessica E. Slavin
Teachable Moments For Teachers…Teaching Students About The Legal Reader: The Reader Who Won’T Be Taken For A Ride, Jessica E. Slavin
Faculty Publications
No abstract provided.
Crusading Hero, Devoted Teacher, And Sympathetic Failure: The Self-Image Of The Law Professor In Hollywood Cinema And In Real Life, Too, David Ray Papke
Crusading Hero, Devoted Teacher, And Sympathetic Failure: The Self-Image Of The Law Professor In Hollywood Cinema And In Real Life, Too, David Ray Papke
Faculty Publications
No abstract provided.
Federalism And Drug Control, Michael M. O'Hear
Federalism And Drug Control, Michael M. O'Hear
Faculty Publications
No abstract provided.
Book Review: Every Writer’S Guide To Copyright And Publishing Law 3d Ed., Ramon A. Klitzke
Book Review: Every Writer’S Guide To Copyright And Publishing Law 3d Ed., Ramon A. Klitzke
Faculty Publications
No abstract provided.
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Faculty Publications
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman
Multiculturalism And The Future Of Tribal Sovereignty, Scott C. Idleman
Faculty Publications
American Indian tribes would appear to be natural constituents and beneficiaries of the multiculturalism movement. Their members are generally conceptualized as racial or ethnic minorities; they have endured social and legal oppression and continue to encounter structural and even intentional discrimination; and, not least importantly, they possess genuinely different cultures and consequently add diverse perspectives to society. Despite this apparent fit, this Article questions the extent to which tribes and tribal members actually should align themselves with multicultural proponents and initiatives. The basis for this inquiry is that, unlike other societal subgroups, each recognized tribe is a distinct geopolitical entity …
Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear
Sentencing The Green-Collar Offender: Punishment, Culpability, And Environmental Crime, Michael M. O'Hear
Faculty Publications
No abstract provided.
Must The Irs Individually Assess The General Partners To Collect The Partnership's Delinquent Employment Taxes?, Ralph C. Anzivino
Must The Irs Individually Assess The General Partners To Collect The Partnership's Delinquent Employment Taxes?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Can States Prohibit Municipalities From Offering Commercial Telephone Services To The Public?, Ralph C. Anzivino
Can States Prohibit Municipalities From Offering Commercial Telephone Services To The Public?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
Are All Of The Act's Requirements For Attorney Fee Applications Jurisdictional In Nature?, Jay E. Grenig
Are All Of The Act's Requirements For Attorney Fee Applications Jurisdictional In Nature?, Jay E. Grenig
Faculty Publications
No abstract provided.
When Can A U.S. Court Order Production Of Materials For Use In A Foreign Authority's Investigation?, Jay E. Grenig
When Can A U.S. Court Order Production Of Materials For Use In A Foreign Authority's Investigation?, Jay E. Grenig
Faculty Publications
No abstract provided.
How Can A Prison Inmate Challenge The Procedures For Carrying Out His Imminent Execution?, Jay E. Grenig
How Can A Prison Inmate Challenge The Procedures For Carrying Out His Imminent Execution?, Jay E. Grenig
Faculty Publications
No abstract provided.
Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, And The National Labor Relations Board, Paul M. Secunda
Politics Not As Usual: Inherently Destructive Conduct, Institutional Collegiality, And The National Labor Relations Board, Paul M. Secunda
Faculty Publications
The National Labor Relations Board (Board or NLRB) is a collegial administrative body whose adjudications are not significantly tainted by the blight of political bias. Nonetheless, it has been roundly assumed by most commentators that the Board engages in politically motivated decisionmaking because of the natural affinity between conservative Republican Board Members and employers on the one hand, and liberal Democratic Board Members and unions and individual employees on the other.
Yet, this Article's empirical study of agency adjudication at the NLRB - involving a comprehensive examination of all Board cases implementing the highly indeterminate inherently destructive conduct standard - …
Taking And Using Depositions Before Action Or Pending Appeal In Federal Court, Jay E. Grenig
Taking And Using Depositions Before Action Or Pending Appeal In Federal Court, Jay E. Grenig
Faculty Publications
No abstract provided.
Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear
Localization And Transparency In Sentencing: Reflections On The New Early Disposition Departure, Michael M. O'Hear
Faculty Publications
A newly authorized "early disposition departure" permits federal judges to reduce the sentences of criminal defendants who plead guilty quickly pursuant to a locally adopted early disposition program. The new departure mechanism provides the first formal mandate in the United States Sentencing Guidelines for "localization," that is, adjusting the sentences of federal defendants based on local circumstances. This paper provides a defense of localization, and suggests that localization may be reconciled with the Guidelines' overriding objective of transparency in sentencing. The early disposition departure provides a model of "transparent localization," but could be reformed so as to offer both transparency …
Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda
Getting To The Nexus Of The Matter: A Sliding Scale Approach To Faculty-Student Consensual Relationship Policies In Higher Education, Paul M. Secunda
Faculty Publications
A prominent law dean is forced to resign over an alleged sexual affair with a student; a writing instructor details in a national magazine his steamy affair with his married student; a student stalks her male professor after he ends their sexual relationship and the criminal stalking charges against her are only dropped when she agrees to voluntarily leave the country. Increasingly, such tantalizing scandals are making their way into the nation's daily consciousness. Yet, behind all of these shocking tales of decadence lays the very real dilemma as to how college and university administrators should regulate consensual relationships between …
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Protection For Indigenous Peoples And Their Traditional Knowledge: Would A Registry System Reduce The Misappropriation Of Traditional Knowledge?, Thomas J, Krumenacher
Marquette Intellectual Property Law Review
This Comment examines the controversy over whether a registry system is the best way to prevent Western inventors from obtaining intellectual property protection for traditional knowledge that has been misappropriated from underdeveloped parts of the world. This dilemma exists because traditional knowledge often constitutes patentable subject matter, most indigenous peoples do not subscribe to a Western "property rights" view of the world, and exploitation of traditional knowledge has become easier through improved communication capabilities. This Comment argues in favor of a registry system to catalog traditional knowledge; patent examiners would deny patent protection to any invention that replicates traditional knowledge. …
Eighth Annual Robert F. Boden Lecture: Drugs In Sports And The Law - Moral Authority, Diversity And The Pursuit Of Excellence, Hayden Opie
Marquette Sports Law Review
No abstract provided.
Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg
Football Play Scripts: A Potential Pitfall For Federal Copyright Law? , Brent C. Moberg
Marquette Sports Law Review
No abstract provided.
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland
Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland
Marquette Sports Law Review
No abstract provided.