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Articles 2191 - 2220 of 6614
Full-Text Articles in Law
Index: Sports Law In Law Reviews And Sports Journals, James M. Swiatko, Jr.
Index: Sports Law In Law Reviews And Sports Journals, James M. Swiatko, Jr.
Marquette Sports Law Review
No abstract provided.
2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge
2005 Annual Survey: Recent Developments In Sports Law, Susan K. Menge
Marquette Sports Law Review
No abstract provided.
Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall
Intellectual Property Protection In China: Enforcing Trademark Rights, Anne M. Wall
Marquette Sports Law Review
No abstract provided.
Hunter V. Hunter: The Case For Discriminatory Nonresident Hunting Regulations, Jodi A. Janecek
Hunter V. Hunter: The Case For Discriminatory Nonresident Hunting Regulations, Jodi A. Janecek
Marquette Law Review
No abstract provided.
Criticizing The Critics: Sarbanes-Oxley And Quack Corporate Governance, J. Robert Brown Jr.
Criticizing The Critics: Sarbanes-Oxley And Quack Corporate Governance, J. Robert Brown Jr.
Marquette Law Review
No abstract provided.
Table Of Contents For Volume 89, Number 4, Marquette University
Table Of Contents For Volume 89, Number 4, Marquette University
Marquette Law Review
No abstract provided.
Elected To Decide: Is The Decision-Avoidance Doctrine Of Great Weight Deference Appropriate In This Court Of Last Resort?, Patience Drake Roggensack
Elected To Decide: Is The Decision-Avoidance Doctrine Of Great Weight Deference Appropriate In This Court Of Last Resort?, Patience Drake Roggensack
Marquette Law Review
No abstract provided.
Toward An Expanded "Canon" Of Negotiation Theory: Identity, Ideological, And Values-Based Conflict And The Need For A New Heuristic, Kevin Avruch
Marquette Law Review
No abstract provided.
Journalism Police, Gerald G. Ashdown
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Chasing The Illusory Pot Of Gold At The End Of The Rainbow: Negligence And Strict Liability In Design Defect Litigation, Aaron D. Twerski
Marquette Law Review
No abstract provided.
Remedying Judicial Inactivism: Opinions As Informational Regulation, Chad M. Oldfather
Remedying Judicial Inactivism: Opinions As Informational Regulation, Chad M. Oldfather
Faculty Publications
This article continues the exploration of what I have termed "judicial inactivism" - the possibility that judges might sometimes fail to perform the minimum requirements of their role. That task, of course, requires consideration of what those minimum requirements might be. To what extent, for example, are courts subject to a duty to adjudicate not merely the cases before them in a broad sense, but also to resolve the precise claims and arguments that the parties put before them on the terms that the parties have done so?
The article first draws on my prior work to outline some of …
Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow
Urban Runoff, Its Consequences, And The Problems Of Regulation, Matthew J. Parlow
Faculty Publications
No abstract provided.
Private Conscience, Public Duties: The Unavoidable Conflicts Facing A Catholic Justice, Scott C. Idleman
Private Conscience, Public Duties: The Unavoidable Conflicts Facing A Catholic Justice, Scott C. Idleman
Faculty Publications
When questioned about the relationship between their faith and their decision making, Catholic judges typically invoke a model of detachment, pursuant to which their governmental role and responsibilities are not directly governed by, and thus do not readily conflict with, their potential duties as a faithful Catholic. This position of detachment has been expressed both during confirmation hearings and in situations where judges are asked to remove themselves from a case due to their religious beliefs or affiliation. This article addresses the possibility that this position is potentially at odds with Catholic Church doctrine regarding the obligations of civil officials. …
Punishment, Democracy And Victims, Michael M. O'Hear
Punishment, Democracy And Victims, Michael M. O'Hear
Faculty Publications
No abstract provided.
Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen
Book Review: Legal Writing Advice: Questions And Answers, Lisa Mazzie Hatlen
Faculty Publications
No abstract provided.
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Do We Have Too Many Intellectual Property Rights?, Richard A. Posner
Marquette Intellectual Property Law Review
The Honorable Richard A. Posner discusses the dangers presented by the propertization of intellectual property rights, particularly in the areas of copyright and patent. Unlike physical property, intellectual property rights are limited by duration, scope, and allowance of faire use. These limitations underlie the existence of a rich public domain that encourages the most valuable uses of intellectual property by reducing transaction costs and encouraging the creation of additional creative works.
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Divergent Evolution Of The Patent Power And The Copyright Power, Edward C. Walterscheid
Marquette Intellectual Property Law Review
Patent and copyright law in the United States derives from a constitutional grant of power to Congress, which drafted the Patent and Copyright Acts. The U.S. Supreme Court has addressed the meaning of various terms in the Patent and Copyright Clause, but only addressed the constitutionality of a copyright statute in 2003. The Court has never considered the constitutionality of a patent statute. The purpose of this article is to explore Congress' and the courts' diverging interpretations of the patent and copyright powers. It explores the reasons for this divergence, tracing the historic kinship between the two powers from the …
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Semiotics Of The Scandalous And The Immoral And The Disparaging: Section 2(A) Trademark Law After Lawrence V. Texas, Llewellyn Joseph Gibbons
Marquette Intellectual Property Law Review
This article explores whether the holding in Lawrence v. Texas may be extended to trademark law. Under section 2(a), some symbols may not serve as trademarks because they may be scandalous, immoral, or disparaging, which is of particular interest to the Queer community. For some, arguably at least a substantial composite of the American people, the relevant test group for scandal or immorality, under section 2(a), the mere existence of queers constitute scandal and immorality and terms of pride and endearment with which they express their sexuality in concrete form are a further example of immorality. Under these circumstances, Lawrence …
The Naked Licensing Doctrine Exposed: How Courts Interpret The Lanham Act To Require Licensors To Police Their Licensees & Why This Requirement Conflicts With Modern Licensing Realities & The Goals Of Trademark Law , Rudolph J. Kuss
Marquette Intellectual Property Law Review
This Comment discusses the naked licensing doctrine, under which trademark owners may lose their trademark protection through failing to exercise control over their licensees. Even though the Lanham Act holds that abandonment of trademark rights is only appropriate when a trademark has lost its significance, courts have held that a trademark owner may abandon its rights through naked licensing when it breaches its affirmative duty to police its licensees. In other words, these courts find abandonment even when there is no evidence that the quality of the goods and services sold under the trademark has declined. This Comment argues that …
The Inconsistency Between Section 301 And Trips: Counterproductive With Respect To The Future Of International Protection Of Intellectual Property Rights?, Lina M. Monten
Marquette Intellectual Property Law Review
This comment examines the inconsistency between continued international efforts to ensure uniform protection of intellectual property rights, most recently via the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS), on the one hand; and the use of unilateral measures by the United States, specifically Section 301 of the Trade Act, to ensure greater protection for United States' intellectual property rights, on the other. This comment first discusses the historical development of international protection of intellectual property rights, specifically focusing on the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Property, …
U.S. V. Rxdepot: The Battle Between Canadian Store-Front Companies, The Fda And Brand-Name Companies, Michael Rosenquist
U.S. V. Rxdepot: The Battle Between Canadian Store-Front Companies, The Fda And Brand-Name Companies, Michael Rosenquist
Marquette Intellectual Property Law Review
Prescription drugs are taken by millions of Americans each year for everything from seasonal allergies to beating cancer. However, millions of Americans each year are without health insurance of some form of prescription drug coverage. When the costs of prescriptions are beyond those Americans' reach, where should they turn to for help? RxDepot, Inc. was a company founded by an entrepreneur, Carl Moore, who believed he had the answer to the problem. In 2002, he began opening stores in the United States where customers could bring in the prescription, have it sent to a Canadian pharmacy, and receive their prescriptions …
A Technical Critique Of Fifty Software Patents, Martin Campbell-Kelly, Patrick Valduriez
A Technical Critique Of Fifty Software Patents, Martin Campbell-Kelly, Patrick Valduriez
Marquette Intellectual Property Law Review
There has been a great deal of discussion on the desirability of software patents in the legal, economic, and technical academic literature. Case law is the basis of most of the legal literature on the topic. Typically, the basis of the economic literature on patents is the statistical analysis of large numbers of patents. The technical literature frequently hostile to patents often is based on an examination of a small number of pathologically bad patents The authors seek to overcome the inherent limitations of each category of article. The approach taken was to conduct a detailed, technical examination of the …
Message In A Bottleneck: The Need For Fcc-Mandated Interoperability Among Instant Messaging Providers, Matthew A. Goldberg
Message In A Bottleneck: The Need For Fcc-Mandated Interoperability Among Instant Messaging Providers, Matthew A. Goldberg
Marquette Intellectual Property Law Review
In August 2003, the Federal Communications Commission (FCC) reversed a ruling it had made in 2001 regarding regulation of America Online's (AOL) instant messaging program. Instant messaging (IM) is one of the Internet's most popular technologies, used recreationally and to facilitate business transactions. It is a major worldwide communications tool with the potential to serve as a catalyst for a new generation of Internet applications based on real-time computing. In contrast to Internet technologies like e-mail and access to the World Wide Web through browser programs like Microsoft Explorer or Mozilla's Firefox, the technical underpinnings of these IM systems are …
An Umbrella Or A Canopy?: Why The 17 U.S.C. Section 512(A) Safe Harbor Should Be Read Broadly, Sven Skillrud
An Umbrella Or A Canopy?: Why The 17 U.S.C. Section 512(A) Safe Harbor Should Be Read Broadly, Sven Skillrud
Marquette Intellectual Property Law Review
With technology constantly changing, the interaction between copyright law and technology is always at odds, especially since the evolution of the Internet. To keep up with the ever-changing Internet, Congress enacted the Digital Millennium Copyright Act; specifically, it created four safe harbors that are intended to protect entities from copyright infringement that qualify as online service providers. However, it seems that the courts have had trouble interpreting who is covered under these safe harbors, namely, as to what entities qualify under the first safe harbor "Transitory Digital Network Communications." There are only a few cases where entities have qualified under …
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
The Architectural Works Copyright Protection Act: Much Ado About Something?, Antoinette Vacca
Marquette Intellectual Property Law Review
The AWCPA has been in effect for thirteen years, enough time for an evaluation of its effect on those who have been working within its framework. Has the Architectural Works Copyright Protection Act of 1990 (AWCPA) met the public's interests by encouraging original and innovative design? U.S. intellectual property laws are founded on balancing benefit to the public with reward and incentive to the author, while the standards of protection under the Berne Convention are grounded in the principle that copyright is a natural right of the author. The AWCPA of 1990 adopted the Berne Standard of according protection to …
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
The Spawn Of Learned Hand-A Reexamination Of Copyright Protection And Fictional Characters: How Distinctly Delineated Must The Story Be Told?, Gregory S. Schienke
Marquette Intellectual Property Law Review
Fictional characters are the backbone of the multi-billion dollar entertainment industry. Since the early twentieth century, the owners of fictional characters have recognized that there is money to be made in derivative products featuring those characters and move swiftly to stop infringing use of those characters. Learned Hand, in passing, allowed that fictional characters could be protected through copyright law if the characters were distinctly delineated. Since then, the courts have created a piecemeal protective-strategy involving trademark and copyright law to protect fictional characters. The Seventh Circuit in Gaiman v. McFarlane, continued using the traditional analysis, that copyrightability for a …
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais
Marquette Intellectual Property Law Review
This paper argues that it is time to replace the existing set of copyright rights by focusing on its true policy objectives. The paper identifies what is wrong with extant norms and spotlights the apparent chasm between the policy objectives and the norms. The paper proposes a new international copyright norm based on the Berne Convention's three-step test, in harmony with the U.S. fair use doctrine. The author suggests that fair use reflects an appropriate set of criteria to balance the rights of copyright holders and the needs and interests of users, which could serve as a basis to build …