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Articles 2281 - 2310 of 6614
Full-Text Articles in Law
In The Light Of Reason And Experience: Should Federal Evidence Law Protect Confidential Communications Between Same-Sex Partners?, Elizabeth Kimberly (Kyhm) Penfil
In The Light Of Reason And Experience: Should Federal Evidence Law Protect Confidential Communications Between Same-Sex Partners?, Elizabeth Kimberly (Kyhm) Penfil
Marquette Law Review
No abstract provided.
"We've Got To Get Working.... The Clock Is Ticking": Equity In Education And The Legacy Of Brown V. Board, Kermit L. Hall
"We've Got To Get Working.... The Clock Is Ticking": Equity In Education And The Legacy Of Brown V. Board, Kermit L. Hall
Marquette Law Review
No abstract provided.
Structural Interpretation And The New Federalism: Finding The Proper Balance Between State Sovereignty And Federal Supremacy, Casey L. Westover
Structural Interpretation And The New Federalism: Finding The Proper Balance Between State Sovereignty And Federal Supremacy, Casey L. Westover
Marquette Law Review
No abstract provided.
Beyond Modesty: Privacy In Prison And The Risk Of Sexual Abuse, Kim Shayo Buchanan
Beyond Modesty: Privacy In Prison And The Risk Of Sexual Abuse, Kim Shayo Buchanan
Marquette Law Review
No abstract provided.
Revising Wisconsin's Government Immunity Doctrine, Linda M. Annoye
Revising Wisconsin's Government Immunity Doctrine, Linda M. Annoye
Marquette Law Review
No abstract provided.
The Milwaukee Cases, Irvin B. Charne
Mathias V. Accor Economy Lodging: Just Deserts?, Booker T. Coleman Jr.
Mathias V. Accor Economy Lodging: Just Deserts?, Booker T. Coleman Jr.
Marquette Law Review
No abstract provided.
Panzer V. Doyle: Wisconsin Constitutional Law Deals The Governor A New Hand, James J. Wawrzyn
Panzer V. Doyle: Wisconsin Constitutional Law Deals The Governor A New Hand, James J. Wawrzyn
Marquette Law Review
No abstract provided.
Introduction To The Restorative Justice Symposium, Andrea Kupfer Schneider
Introduction To The Restorative Justice Symposium, Andrea Kupfer Schneider
Marquette Law Review
No abstract provided.
Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten
Team Physicians As Co-Employees: A Prescription That Deprives Professional Athletes Of An Adequate Remedy For Sports Medicine Malpractice, Matthew J. Mitten
Faculty Publications
No abstract provided.
Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli
Trademark Assignment “With Goodwill”: A Concept Whose Time Has Gone, Irene Calboli
Faculty Publications
Historically, starting from the premise that trademark protection is about consumer welfare, trademark law has required trademarks to be assigned with the goodwill of the business to which they refer, to deter assignees from changing the quality of the marked products. Yet, ever since its adoption, this rule has been hard to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legislative context: trademark goodwill. Additionally, regardless of this rule, trading in trademarks has been a recurrent practice in the business world, and trademark practices have traditionally provided instruments to assist this trade. …
Does An Individual Lacking Contractual Privity Have Standing Under § 1981 To Bring A Claim For Racial Discrimination?, Ralph C. Anzivino
Does An Individual Lacking Contractual Privity Have Standing Under § 1981 To Bring A Claim For Racial Discrimination?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino
What Is The Scope Of The Federal Tort Claims Act's Wavier Of Sovereign Immunity?, Ralph Anzivino
Faculty Publications
No abstract provided.
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.
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 …
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 …
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.
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.
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 …
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Market Definition In Intellectual Property Law: Should Intellectual Property Courts Use An Antitrust Approach To Market Definition?, Anna F. Kingsbury
Marquette Intellectual Property Law Review
In her Article, Ms. Kingsbury notes that American courts do not use antitrust law's market definition approach in intellectual property cases. She discusses five potential rationales for this dichotomy: (1) intellectual property cases involve new products without defined markets; (2) market definition limits judicial flexibility; (3) courts do not want to burden intellectual property litigants with the time and expense of economic evidence; (4) judges reason from precedent, and that precedent did not consider market definition; and (5) "market" conveys a different meaning in intellectual property law than it does in antitrust law. Kingsbury presents counterarguments to these rationales and …
Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller
Sports Facility Financing And Development Trends In Europe And Germany 2003, Michael Siebold, Angela Klingmüller
Marquette Sports Law Review
No abstract provided.
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. …
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Patenting The Biological Bounty Of Nature: Re-Examining The Status Of Organic Inventions As Patentable Subject Matter, Burton T. Ong
Marquette Intellectual Property Law Review
Mr. Ong discusses the controversy regarding biotechnology patents. Opponents of biotechnology patents are concerned that these patents show disrespect for life and nature, expropriate the traditional knowledge of indigenous communities, and encourage practices that threaten the environment. Proponents of biotechnology patents argue that patents are, at worst, neutral on such issues because they only grant a right to exclude; moreover, such patents encourage innovation in the public interest. Ong focuses instead on whether an individual inventor deserves an intellectual property right based on his contributions to a modified living organism or an organic substance derived from a living organism. He …
Trade Dress: Should Only The Secondary Meaning Trade Dress Standard Apply To Product Packaging? Or Should Courts Continue To Use The Inherently Distinctive Standard?, Jennifer L. Barwinski
Trade Dress: Should Only The Secondary Meaning Trade Dress Standard Apply To Product Packaging? Or Should Courts Continue To Use The Inherently Distinctive Standard?, Jennifer L. Barwinski
Marquette Intellectual Property Law Review
This Comment discusses the controversy over whether secondary meaning should be a prerequisite for trademark protection of product packaging, in light of Wal-Mart Stores, Inc. v. Samara Bros. The United States Supreme Court held in Wal-Mart that secondary meaning is a prerequisite for trademark protection of product design, limiting its earlier decision in Two Pesos, Inc. v. Taco Cabana, Inc. In discussing Wal-Mart's application to trademark protection for product packaging, this Comment focuses on the difficulty of distinguishing between product packaging and product design. This Comment argues that secondary meaning should be a prerequisite for trademark protection of product packaging; …
Counting Down Another Music Marathon: Copyright Arbitration Royalty Panels And The Case Of Internet Radio, Sara J. O'Connell
Counting Down Another Music Marathon: Copyright Arbitration Royalty Panels And The Case Of Internet Radio, Sara J. O'Connell
Marquette Intellectual Property Law Review
Ms. O'Connell won the Computer Law Association's 2003 Information Technology Law Writing Competition for this article discussing the controversy over Copyright Arbitration Royalty Panels ("CARPs"). A CARP sets royalty rates for the performance of copyrighted works when the copyright owner and the broadcaster have not agreed on those rates. Congress created CARPs as a way to encourage the creation of creative works and to promote public access to these creative works. Recently, a CARP recommended royalty rates for webcasting; the broadcasting of copyrighted works over the Internet. The CARP's recommendation was rejected by the Librarian of Congress, criticized by both …
The Definition Of Doping And The Proof Of A Doping Offense (An Anti-Doping Rule Violation) Under Special Consideration Of The German Legal Position, Klaus Vieweg
Marquette Sports Law Review
No abstract provided.