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Full-Text Articles in Law
The Necessary Narrowing Of General Personal Jurisdiction, William Grayson Lambert
The Necessary Narrowing Of General Personal Jurisdiction, William Grayson Lambert
Marquette Law Review
General personal jurisdiction allows a court to issue a binding judgment against a defendant in any case, even if the facts giving rise to the case are unrelated to that forum. In the six decades after International Shoe v. Washington, courts held that general jurisdiction existed whenever a defendant had substantial continuous and systemic contacts with the forum. This rule was narrowed significantly in 2011, however, when the Supreme Court in Goodyear Dunlop Tires Operations, S.A. v. Brown held that general jurisdiction was properly exercised only when a defendant had sufficient contacts to be “at home” in the forum.
If You're Hurt, Where Is Home? Recently Drafted Minor League Baseball Players Are Compelled To Bring Workers' Compensation Action In Team's Home State Or In Jurisdiction More Favorable To Employers, James T. Masteralexis, Lisa P. Masteralexis
If You're Hurt, Where Is Home? Recently Drafted Minor League Baseball Players Are Compelled To Bring Workers' Compensation Action In Team's Home State Or In Jurisdiction More Favorable To Employers, James T. Masteralexis, Lisa P. Masteralexis
Marquette Sports Law Review
None.
International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa
International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa
Marquette Intellectual Property Law Review
This article outlines the challenges of international copyright litigation and considers rights and remedies available under TRIPs and the laws of various national copyright statutes. To keep pace with new technology, the author proposes a mechanism for the enforcement of existing rights around the world, while counter the prevailing problems of the ease of infringement and expense of enforcement.
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Trademark Harmonization: Norms, Names & Nonsense, Kenneth L. Port
Marquette Intellectual Property Law Review
Professor Port provides a comment on Marshall A. Leaffer's article that offers another viewpoint on the important issue of the globalization process and trademark law. Rather than seeking ideals of international trademark laws through harmonization, Professor Port suggests that a better objective is internationalization. Professor Port explains that harmonization of international trademark law will be impossible as long as world communities adhere to territorial justifications for sovereignty and jurisdiction. Because goods flow in the reality of an international market, Professor Port reasons that initiatives to avoid inefficiencies and uncertainties of global trademark laws should be directed toward internationalization.