Law Commons^™

Federalism Lives! Reflections On The Vitality Of The Federal System In The Context Of Natural Resource Regulation, Patrick Mcginley

Law Faculty Scholarship

No abstract provided.

Prior Restraint Of Expression Through The Private Search Doctrine, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Law/Science In Law Schools, Thomas G. Field Jr

Law Faculty Scholarship

The author provides the bibliography for his course on "Science in the Legal Process," with a preface advocating for the value of including this topic in the law school curriculum.

The Judiciary And Dispute Resolution In Japan: A Survey, Harold See

Law Faculty Scholarship

An overly brief and misleadingly simple history of the evolution of Japanese legal institutions would begin with the proposition that a century and a quarter ago Japan was a feudal society. By "opening" to the West, Japan was forced to "modernize" (Westernize) its laws. As a code system is easier than a common law system to impose wholesale on a society, the continental European civil law countries served as a model for Japan, which patterned its codes primarily on the civil code of Germany and the criminal code of France. After defeat in the Second World War and subsequent occupation …

Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See

Law Faculty Scholarship

Under the terms of section 24 of the Copyright Act of 1909, the death of Oscar Hammerstein in 1960 resulted in the "partnership" of Richard Rogers and (Mrs.) Oscar Hammerstein (and James and William Hammerstein, and Alice Hammerstein Mathias, his children-the latter two by a previous marriage), in the ownership of such works as Oklahoma, Carousel, and South Pacific. Oscar Hammerstein may have wanted it that way, but want it or not, he was powerless under the Copyright Act to change the arrangement. Numerous works are the product of the combined efforts of more than one author. Such joint authorship …

Cecil D. Andrus, Secretary Of The Interior V. State Of Idaho Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

The Legislative Evolution Of Title I Of The Public Utility Regulatory Policies Act Of 1978: The Study In Compromise, James M. Van Nostrand

Law Faculty Scholarship

No abstract provided.

The Paradox Of A Life In Law, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Betterment Accounting: A Requiem By The Sec, James M. Van Nostrand

Law Faculty Scholarship

The railroad industry, unlike almost every other industry, has a depreciation accounting system all its own known as betterment accounting. In sharp contrast to generally-accepted methods of depreciation, such as ratable depreciation, where the cost of the capital asset is systematically expensed over the useful life of the asset, under the betterment practice, the initial cost of track structures is recorded as a nondepreciable asset. Subsequent replacement costs are then charged directly to operating expense as an "adequately reliable" measure of depreciation. Justifications for this unique system of accounting relate primarily to the peculiar nature of railroad track structure-a large …

The Legal Persona: An Essay On The Professional Mask, James R. Elkins

Law Faculty Scholarship

The legal profession offers little opportunity for the practitioner to analyze the fundamental constructs underlying the legal system or the dynamics of the lawyering process. Jurisprudence and legal education traditionally have emphasized the external aspects of law, implying that man is a rational decisionmaker who freely controls his life and shapes societal institutions., This approach is unrealistic because it neglects the psychological dimension of man and the complexity of man's behavior. Jurisprudential scholars and legal educators should recognize that a growing body of sophisticated literature in linguistics and anthropology as well as social psychology and psychiatry is also relevant to …

The Four Corners Requirement: A Constitutional Prerequisite To Search Warrant Validity, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Vermont Yankee Nuclear Power Corporation V. Natural Resources Defense Council, Inc. Consumers Power Company V. Nelson Aeschliman, Et Al., Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Post Hoc Evaluations Of Obviousness: Preliminary Report Of An Attempt To Identify, Empirically, The Characteristics Of A Superior Evaluator, Juanita V. Field, Thomas G. Field Jr.

Law Faculty Scholarship

Over a century and a quarter have passed since the Supreme Court in Hotchkiss v. Greenwood held that more than mere novelty is necessary to support a valid patent. Congress, after 100 years of experience with a concept which came to be called "invention," attempted to improve the situation by requiring that an invention not be "obvious" if it is to be patented. It seems safe to say that in the intervening time the doctrine of non-obviousness has not developed into a foolproof yardstick for measuring the quality of cerebral or other effort necessary to make an advance over the …

United States Of America V. Martin Linen Supply Company And Texas Sanitary Towel Supply Corporation, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.

Informed Consent And The Investigational Use Of Medical Devices: A Comparison Of Common Law Duties With Those Imposed On Researchers Under Section 520(G) Of The Medical Device Amendments Of 1976, Thomas G. Field Jr., Dominic Piacenza

Law Faculty Scholarship

This paper will deal with with exemption granted [under the Medical Device Amendments Act of 1976] for the investigational use of devices subject to premarket testing, and more particularly, with the obligation of an investigator seeking such exemption to secure an informed consent agreement from human subjects (or their representatives) under § 520(g)(3)(D) of the Act. It will also consider the relationship between the statutory obligation and that which might be imposed by the common law of negligence.

Intellectual And Industrial Property In A Nutshell, Thomas G. Field Jr.

Law Faculty Scholarship

First, intellectual and industrial property is property--extremely valuable property at that. However, this is not a subject that gets more than passing attention in many curricula, and none in most. Consequently, few lawyers, aside from the specialists, know much about it. Moreover, unlike most areas of legal specialization, such as tax, labor, and anti-trust law, the basic principles of which are known to most general practitioners, if a generalist knows anything about literary or industrial property, it is apt to be wrong. Furthermore, because clients tend to approach generalists first, substantial and incurable injury may result from a generalist's mistaken …

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part Ii, Thomas G. Field Jr.

Law Faculty Scholarship

Where does the trademark user stand today? What should he do? Perhaps he should review all his labeling in the very near future to try to catch any heretofore missed improprieties therein. If he should miss one or two, however, will his valuable trademarks be regarded as ab initio invalid? Will they be cancelled, pirated away, refused enforcement or what?

in an attempt to answer those questions, it seems worthwhile to synthesize the law that has been heretofore covered, and, perhaps, try to condense it into a few meaningful principles by which the trademark user may be guided.

The Fourth Dimension In Labeling: Trademark Consequences Of An Improper Label - Part I, Thomas G. Field Jr.

Law Faculty Scholarship

As indicated by the title, this is an inquiry into the trademark ramifications of labeling. Certain kinds of conduct may well result in cancellation of federal rights in trademark registration. This is equally true with respect to trademark application for registration. It is therefore useful to consider at the outset the impact that improper labeling may have on a party's right to register. Most unfortunately, if [a] label defect is not detected in the registration process, or if there is substantial delay between commencement of use of the mark and attempted registration, a party may find his rights seriously compromised. …