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Articles 9031 - 9060 of 11522
Full-Text Articles in Law
The Substantial Identity Rule Under The Japanese Novelty Standard, Toshiko Takenaka
The Substantial Identity Rule Under The Japanese Novelty Standard, Toshiko Takenaka
Articles
This article compares the novelty standard under Japanese patent law with the novelty standard under American patent law. This article first explains the structure of the novelty and inventive step provisions under Japanese patent law and examines the interpretation and basic legal theories of these provisions. The inventive step standard developed out of the novelty standard. Thus, to understand the inventive step standard, it is necessary to understand the novelty standard.
Next, this article discusses the unique features of the Japanese novelty standard. The strict novelty requirements of the patent laws of the United States and European countries are contrasted …
The Transformation Of The Juvenile Court, Barry C. Feld
The Transformation Of The Juvenile Court, Barry C. Feld
Articles
Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
The Interplay Of Product Definition, Design And Trade Dress, Daniel J. Gifford
Articles
In the present Essay, I discuss some of the roles played by trademark law in stimulating competition among producers to develop new varieties of products and services. I argue that trademarks perform a particularly useful role in engendering innovation, and that this role was, for a time, threatened by the particular approach to genericity followed by the Ninth Circuit in its well-known Anti-Monopoly 1 decisions. I also argue that the developing law of trade dress performs a different, but nonetheless complementary, role in encouraging innovation.
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Adjudication In Independent Tribunals: The Role Of An Alternative Agency Structure, Daniel J. Gifford
Articles
Much present-day administrative adjudication takes place in a procedural context which is significantly different from that of the traditional regulatory agency. 1 In agency proceedings ranging from administrative enforcement under the Occupational Safety and Health Act to the resolution of claims under the veterans benefits acts, adjudication is conducted by tribunals which are practically and often formally independent of the administering or enforcement authority. Appeals or review functions are performed either by other independent administrative bodies or the courts. In the classic regulatory agencies the opposite was the case. In those agencies, the agency head invariably held the power of …
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Shareholder Rights And Legislative Wrongs: Toward Balanced Takeover Legislation, John H. Matheson, Brent A. Olson
Articles
In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt
Articles
The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …
Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase
Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase
Articles
No abstract provided.
Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford
Rethinking The Relationship Between Antidumping And Antitrust Laws, Daniel Gifford
Articles
No abstract provided.
Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort
Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort
Articles
These are the alleged decline in live-client clinical education, the educational objectives of clinical education, the financing of clinics, the appropriate status for clinical faculty, and the relationships between clinical and nonclinical faculty. The report revealed that student demand for clinical instruction has not declined. It also identified eight pedagogical goals and a public-service goal for live-client clinical education. In addition, it recommended a strong effort to obtain increased financial support through Federal grants. Furthermore, it noted that the status of clinical faculty has improved considerably at many law schools, but the issue of faculty status will continue to be …
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Our Meanings Can Never Be The Same: Reflections On Language And Law, James Boyd White
Articles
For me it is a starting point in all thought about language that, whatever I say or do with words, my expression will never mean exactly the same thing to you that it does to me; and of course yours will never mean exactly the same thing to me that it does to you. It cannot: each act of expression is a gesture against a context; it derives its meaning largely. perhaps entirely, from its relation to that context; and for each of us the context of every gesture is different, if only because one of us is doing it, …
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Refocusing The New Evidence Scholarship : A Comment On Robert S. Thompson's "Decision, Disciplined Inferences And The Adversary Process", Terence J. Anderson
Articles
No abstract provided.
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt
Articles
No abstract provided.
1992: The Case Of Financial Services, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley
Articles
No abstract provided.
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
The Lockett Paradox: Reconciling Guided Discretion And Unguided Mitigation In Capital Sentencing, Scott E. Sundby
Articles
No abstract provided.
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney
Articles
No abstract provided.
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
The Duty To Respect Generally Accepted International Standards, Bernard H. Oxman
Articles
No abstract provided.
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Beyond Griswold: Foucauldian And Republican Approaches To Privacy, Stephen J. Schnably
Articles
No abstract provided.
Environmental Warfare [Comment], Bernard H. Oxman
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski
Articles
No abstract provided.
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose
Articles
No abstract provided.
Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase
Articles
No abstract provided.
Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh
Some Current Tax Aspects Of Foreign Investment In Us Businesses, Joseph Isenbergh
Articles
No abstract provided.
A Tribute To Justice William J. Brennan, Jr., Richard A. Posner
A Tribute To Justice William J. Brennan, Jr., Richard A. Posner
Articles
No abstract provided.
The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.
The Section Of Taxation: The First Fifty Years, James P. Holden, Harry K. Mansfield, John S. Nolan, K. Martin Worthy, James B. Lewis, Don V. Harris Jr., Mac Asbill Jr.
Articles
No abstract provided.
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Feminism Historicized: Medieval Misogynist Stereotypes In Contemporary Feminist Jurisprudence, Jeanne L. Schroeder
Articles
The article argues that contemporary feminist theories are ahistorical and culturally narrow, often mirroring medieval misogynist stereotypes by assuming that late-twentieth-century, white, upper-middle-class American experiences represent universal truths about gender. By examining medieval canon law and societal norms, the analysis reveals that patriarchal structures have persisted across time, adapting to different cultural definitions of masculinity and femininity. The author advocates for a more historically and cross-culturally informed approach to jurisprudence and gender theory to avoid replicating past oppressions.
Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White
Realization, Recognition, Reconciliation, Rationality And The Structure Of The Federal Income Tax System, Patricia D. White
Articles
No abstract provided.
History's Challenge To Feminism, Jeanne L. Schroeder
Rawls On Political Community And Principles Of Justice, James W. Nickel
Rawls On Political Community And Principles Of Justice, James W. Nickel
Articles
No abstract provided.
The Fletcher Years, Ralph W. Johnson
The Fletcher Years, Ralph W. Johnson
Articles
How would you best describe Robert L. Fletcher, I asked my colleagues. He is, they said, thoughtful, a man of integrity, a delightful and companionable gentleman, sincere of purpose, hard-working, reliable, exceedingly thorough, a respected scholar and teacher. By habit he examines all aspects of a proposal before acting on it, reserves judgment until "all the evidence is in." Reputedly he enjoys ferreting out arcane future interests that violate the Rule Against Perpetuities in trust and real estate documents. Bob Fletcher practiced law for nine years in Seattle and Tacoma, Washington, before entering teaching in 1956. Before that he was …