Law Commons^™

Vol. Vi, Tab 38 - Ex. 24 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Professional Development: Your Key To Success And Satisfaction, Sandee Magliozzi, Susan P. Beneville

Faculty Publications

No abstract provided.

Vol. Ix, Tab 46 - Ex. 29 - Email From Christina Aguilar (Google Account Strategist), Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 23 - Email From Christopher Klipple, Christopher Klipple

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen Chien

Faculty Publications

The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law.

Based on an …

Judicial Foreign Policy: Lessons From The 1790s, David Sloss

Faculty Publications

This Article demonstrates that the exclusive political control thesis is incompatible with the original understanding of the Founders. The Article does not defend originalism as a method of constitutional interpretation; it merely shows that the exclusive political control thesis is inconsistent with an originalist approach.

The Article examines the implementation of U.S. neutrality policy in the period from 1793 to 1797. Other scholars have analyzed the initial formulation of U.S. neutrality policy in 1793. Scholars who focus narrowly on the year 1793, when the United States first articulated its neutrality policy, have concluded that "the federal courts played a relatively …

Vol. Vi, Tab 38 - Ex. 21 - Email From Christina Aguilar, Christina Aguilar

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

The Crimes Of Terrorism, Beth Van Schaack, Ron Slye

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses the contested concept of terrorism under international law, with a focus on efforts to criminalize the phenomenon. In particular, it discusses the major obstacles to achieving an omnibus definition of the crime with a particular emphasis on the intersection of the prohibitions against terrorism and international humanitarian law. Additional chapters in the text address the history of ICL, the sources of ICL, the major international crimes and defenses, and …

The Internationalization Of Crimes, Beth Van Schaack

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter discusses one of the major conundrums of international criminal law (ICL): how to distinguish international crimes (war crimes, crimes against humanity, terrorism, and genocide) from their domestic analogs (murder, assault, and mayhem). The chapter discusses the various approaches to "internationalization" (focusing on issues of identity, transnationalism, human dignity, global stability, etc.) and concludes that international crimes lack a coherent unifying justification. Additional chapters in the text address the history of …

The Legal Regulation Of War, Beth Van Schaack, Ron Slye

Faculty Publications

This work is a chapter for a forthcoming book on The Essentials of International Criminal Law to be published by Aspen Publishers as part of its Essentials series. This chapter weaves together the history and contemporary doctrines governing the jus ad bellum (addressing the legality of going to war) with the jus in bello (addressing the rules governing the means, methods, and tactics of warfare once a state of war exists). It then focuses on the penal implications of breaches of these two bodies of war SHOULD BE LAW NOT WAR with respect to the evolving definitions of war crimes …

Vol. Xx, Tab 57 - Ex. 16 - Plaintiff's Opposition To Defendant's Motion For Clarification And Brief In Support (American Airlines V. Google), American Airlines

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 39 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Engendering Genocide: The Akayesu Case Before The International Criminal Tribunal For Rwanda, Beth Van Schaack

Faculty Publications

This article - which will appear as a chapter in a "law stories" volume on Human Rights Advocacy - discusses the role that advocacy by women's rights and human rights organizations and activists played in gaining legal recognition of the concept of genocidal rape within international criminal law. The chapter discusses the procedural history and jurisprudential contributions of the case against Jean Paul Akayesu before the International Criminal Tribunal for Rwanda. The chapter then traces Akayesu's legacy with respect to gender justice with respect to subsequent cases before the ad hoc international tribunals and within the Statute of the international …

Vol. Vi, Tab 38 - Ex. 38 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 37 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Antitrust Language Barriers: First Amendment Constraints On Defining An Antitrust Market By A Broadcast's Language, And Its Implications For Audiences, Competition, And Democracy, Catherine J. K. Sandoval

Faculty Publications

This Article contends that the decision to define an antitrust market by the broadcast's language raises concerns about its constitutionality and its effect on competition and democracy. If inaccurate, the market definition may not only distort competition, it may limit the broadcaster's freedom of speech and the public's ability to hear that programming. The First Amendment protects speakers and those who wish to hear that speaker's message.

Using First Amendment jurisprudence, Section II of this Article analyzes the standard of review for evaluating a market definition based on a broadcast's language.

This Article uses social science research on Spanish- and …

Vol. Ix, Tab 41 - Ex 23 - Email From John Ramsey (Rosetta Stone Corporate Counsel), John Ramsey

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 46 - Ex. 31 - Email From John Ramsey (Rosetta Corporate Counsel), John Ramsey

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Teaching Cyberlaw, Eric Goldman

Faculty Publications

Over the past dozen years, Cyberlaw courses have become a staple of the law school curriculum. This Essay explores methodological and pedagogical issues raised by these courses.

The Essay considers the organization of a Cyberlaw curriculum in Part I, some challenges posed by Cyberlaw courses in Part II, some tools to teach Cyberlaw courses in Part III, evaluation methods in Part IV, and teaching materials in Part V.

Legal Theoretic Inadequacy And Obesity Epidemic Analysis, David Yosifon

Faculty Publications

This Article explores crucial analytic and normative limitations in presently dominant and ascendant approaches to legal theory. The approaches' failure to provide a satisfying framework for analyzing the obesity epidemic presently raging undeterred in American society reveals these limitations. Conventional law and economics scholars writing on the subject have deployed familiar frameworks to reach predictable conclusions that are neither intellectually nor morally justifiable. This Article argues that recent theoretical innovations promulgated within the burgeoning law and behavioralism movement have thus far provided no more reliable a framework for legal analysis of the obesity epidemic than has conventional law and economics. …

Teaching Rights Of Publicity: Blending Copyright And Trademark, Common Law And Statutes, And Domestic And Foreign Law, David Welkowitz, Tyler Ochoa

Faculty Publications

The purpose of this Article is to explain why we believe that rights of publicity should be taught as a stand-alone course, why we believe that a course in comparative rights of publicity is worthwhile as a stand-alone course, and to explain some of the challenges and opportunities that the course presents. Ultimately, we hope to encourage and persuade more of our colleagues at other schools to begin to offer rights of publicity as a separate course.

Vol. Vii, Tab 38 - Ex. 62 - Hagan Deposition (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vii, Tab 38 - Ex. 64 - Holden Deposition (Google Pm Director), Richard T. Holden

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 46 - Ex. 18 - Email From Gina Reinhold (Adwords Associate), Gina Reinhold

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 36 - Email From Michael Wu, Michael Wu

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 35 - Rosetta Stone Dtc (Direct To Consumer) Report 2008, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 34 - Rosetta Stone Competitive Analysis, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 41 - Ex. 4 - Google Ad Partners All-Hands Q1 2008, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Panel: Water Ethics And Commodification Of Freshwater Resources, Stephen F. Diamond

Faculty Publications

No abstract provided.

Educating Law Students For Leadership And Responsibilities, Donald J. Polden

Faculty Publications

This essay articulates the case for educating law students for leadership roles and responsibilities they will assume throughout their careers. While leadership education is relatively commonplace in American business schools, it is not a familiar part of the law school curriculum at American law schools. This essay describes this new educational initiative and the fundamental reasons for this approach to preparing law students for the roles and responsibilities they will assume in their communities and in the legal profession.

In particular, this essay discusses the components and purposes of the program and defines what is meant by education for leadership …