Law Commons^™

On-Line Tutorial Project: Intellectual Property In E-Commerce, William J. Murphy

Law Faculty Scholarship

Copyrights, Trademarks and Patents make up most of the area of law known as Intellectual Property. Intellectual Property's importance in Electronic Commerce is difficult to overstate. The Internet has been defined as a global network of networks through which computers communicate by sending information in packets, and each network consists of computers connected by cables or wireless links. It is the Intellectual Property laws of Copyright, Trademark and Patents that are attempting to harmonize the effects that E-Commerce and the Internet have had on the individual's ability to access and use this information. It should be remembered that most countries …

Making The Most Of Commercial Global Domains, Thomas G. Field Jr

Law Faculty Scholarship

Despite echoing skepticism about the long-term prospects for commercial global domains based in part on how they are governed, this paper concludes that nominal addresses are essentially a new form of intellectual property, to be viewed and managed in ways sometimes fundamentally different from trademarks and other indicia of commercial goodwill. In support, the article first reviews the domain name system ("DNS") under which nominal addresses may be registered. The article then outlines central principles of unfair competition law underlying the resolution of disputes within the United States. Finally, the article reviews how nominal addresses pose several new kinds of …

Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy

Law Faculty Scholarship

No abstract provided.

Rational Actors Or Rational Fools - The Implications Of Psychology For Products Liability: Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

Copyrights And Beyond In The Digital Age, Thomas G. Field Jr.

Law Faculty Scholarship

At one time, only works visible to the naked eye were copyrightable, but that has long since changed. Now, works capable of perception only by use of VCRs or computers, for example, enjoy the same protection as books, paintings and sculpture. In 1994, William S. Strong reported that he had "heard Chicken Littles say that the sky is falling in on copyright owners" in the digital age and predicted to the contrary. He was right; publishers' problems may have changed in degree but not in kind. For important, if not critical, internet needs to be met, providers must recoup costs.

Nuisance Revisited After Buchanan And Bormann, Jesse Richardson, Theodore A. Feitshans

Law Faculty Scholarship

No abstract provided.

Democratic Transitions And The Future Of Asylum Law, Peter Margulies

Law Faculty Scholarship

The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …

Coercion, Pop-Psychology, And Judicial Moralizing: Some Proposals For Curbing Judicial Abuse Of Probation Conditions, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

Censorship Of Student Internet Speech: The Effect Of Diminishing Student Rights, Fear Of The Internet And Columbine, David L. Hudson Jr.

Law Faculty Scholarship

Analysis and examination of the case law of student Internet website speech created off campus.

The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger

Law Faculty Scholarship

Rice is a staple food for millions of people, predominantly in Asia, but lacks essential nutritional components such as Vitamin A. This is very important for over 180 million children and women of child bearing age who suffer from Vitamin A deficiency in Asia alone. For this reason, an improvement was made under an effort led by Profs. Ingo Potrykus and Peter Beyer by inserting several genes into rice to produce an improved product called GoldenRice. Because GoldenRice has the potential to be easily integrated into the farming systems of the world's poorer regions, the advent of GoldenRice promises to …

Standing For Protection Of Collective Rights In The European Communities, Alison Peck

Law Faculty Scholarship

No abstract provided.

Florida Professional Responsibility In 1999: The Rules Of The Game, Timothy P. Chinaris, Elizabeth Clark Tarbert

Law Faculty Scholarship

The year 1999 saw a number of changes and developments in Florida professional responsibility law. This article surveys these developments by reviewing: 1) relevant reported cases; 2) ethics opinions; 3) rules changes; and 4) disciplinary actions affecting lawyers and the practice of law in the Sunshine State. These authorities are examined in the context of the various relationships upon which a lawyer's professional life is built and within which the lawyer typically operates.

Herding Cats: Improving Law School Teaching, Mitchell M. Simon, M. E. Occhialino, Robert L. Fried

Law Faculty Scholarship

What makes a good law teacher? Is excellence in teaching largely a matter of intellectual brilliance, of superior organization and delivery of material, of friendliness and fairness to one's students? Or does it have more to do with style, with stage presence, with the ability to engage an audience in the act of reflective and spontaneous thinking?

While the question of how to define and evaluate teaching necessarily bedevils deans and tenure committees who must make personnel decisions, the focus on defining the competent teacher has obscured from faculty attention the more fundamental question: how can we implement a system …

Ten Limitations To Ponder On Farm Limited Liability Companies, Jesse Richardson, L. Leon Geyer

Law Faculty Scholarship

No abstract provided.

Roger Williams's Gift: Religious Freedom In America, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Zurko Raises Issue Of Patentability Standards, Thomas G. Field Jr.

Law Faculty Scholarship

In re Zurko isolated one of the oldest U.S. agencies from mainstream administrative law because the Federal Circuit has chosen to review the U.S. Patent and Trademark Office more as it would a federal district court. The case is important, if only because the Supreme Court rarely treats the PTO as an agency. Also, regardless of whether the issue or the Federal Circuit itself is the primary target, the decision could have a major effect on the type of case most commonly encountered by that court.

Mirabile Dictum! The Case For 'Unnecessary' Constitutional Rulings In Civil Rights Damages Actions, John M. Greabe

Law Faculty Scholarship

This article contends that, for purposes of settling the law, courts entertaining civil rights lawsuits doomed to fail on grounds of qualified immunity should presumably address the question whether the complaint pleads a viable claim that the defendant caused a violation of the plaintiff's federal rights. The article also contends that such "unnecessary" threshold rulings are not dicta.

Publishers' Rights And Wrongs In The Cyberage, Thomas G. Field Jr.

Law Faculty Scholarship

The author argues in favor of a continued role for traditional publishing in the context of the rise of the Internet.

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitoner, Thomas G. Field Jr., John F. Duffy, Craig Allen Nard

Law Faculty Scholarship

Congress enacted the Administrative Procedure Act (APA) in 1946 as a comprehensive statute to regulate the field of federal administrative law. In holding that the PTO Board of Patent Appeals and Interferences is not subject to the standards of judicial review set forth in the APA, the [Zurko] decision isolates patent law from the rest of administrative law and undermines the APA’s goal of achieving consistency and uniformity in federal administrative law.

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.

Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert

Law Faculty Scholarship

Continuing a trend, 1998 included a number of important developments in the area of professional responsibility law in Florida. Significant appellate court decisions, rule changes, and disciplinary actions potentially affect the practices of more than 58,000 members of The Florida Bar. This article reports and summarizes those developments by placing them in the framework of the various relationships in which lawyers typically operate. Part II looks at decisions affecting what must be viewed as the central relationship in this context: the relationship between lawyer and client. Part III examines developments pertaining to what may be the dominant relationship: the lawyer's …

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.

Amicus Brief Of Thomas G. Field, Jr., Pro Se Supporting In Principle, On Rehearing The Commissioner Of Patents And Trademarks, Thomas G. Field Jr.

Law Faculty Scholarship

To those unfamiliar with the long, often bitter, struggle over equally compelling needs to provide, on the one hand, innovators with an adequate opportunity to recoup risk capital and to avoid, on the other, erecting unwarranted barriers to competition, a dispute over the proper scope of review for Patent and Trademark Office (PTO) patent appeals will seem both trivial and arcane. This case involves more than semantics -- its resolution turns on the allocation of power among three, and arguably four, branches of government. This Court, itself, has a stake.

State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson

Law Faculty Scholarship

No abstract provided.

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …

El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.

Law Faculty Scholarship

No abstract provided.