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Articles 4081 - 4110 of 4255
Full-Text Articles in Law
How The Corporation Conquered John Bull, A.W. Brian Simpson
How The Corporation Conquered John Bull, A.W. Brian Simpson
Michigan Law Review
This is a study of the evolution of the forms of business organization during the industrial revolution. Historians never fully agree about anything at all, and often with good reason, but there is really no doubt that the period covered by this book is one that saw major changes in agricultural and industrial production, and in commercial practice and organization. It is convenient to refer broadly to the changes which took place in terms of a revolution, industrial, agricultural, or less commonly, commercial in nature. Long before the starting date for this study, which is the date of the Bubble …
When Interests Diverge, Robert S. Chang, Peter Kwan
When Interests Diverge, Robert S. Chang, Peter Kwan
Michigan Law Review
In her recent book Cold War Civil Rights, Professor Mary L. Dudziak, sets forth "to explore the impact of Cold War foreign affairs on U.S. civil rights reform" (p. 14). Tracing "the emergence, the development, and the decline of Cold War foreign affairs as a factor in influencing civil rights policy" (p. 17), she draws "together Cold War history and civil rights history" (pp. 14-15), two areas that are usually treated as distinct subjects of inquiry. In mixing the two together, she shows that "the borders of U.S. history are not easily maintained." Perhaps it is fitting that the field …
Tribute To John Moran, Joseph Crowley, John D. Feerick, Mark E. Moran
Tribute To John Moran, Joseph Crowley, John D. Feerick, Mark E. Moran
Fordham Law Review
No abstract provided.
The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady
The Push To Private Religious Expression: Are We Missing Something?, Kathleen A. Brady
Fordham Law Review
No abstract provided.
A Tribute To Joseph W. Mcgovern, John D. Feerick
A Tribute To Joseph W. Mcgovern, John D. Feerick
Fordham Law Review
No abstract provided.
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
How Lawyers Act In The Intersts Of Justice, Monroe H. Freedman
Fordham Law Review
No abstract provided.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard, Jr.
Fordham Law Review
No abstract provided.
Legal Ethics Advisors And The Interests Of Justice: Is An Ethics Advisor A Conscience Or A Co-Conspirator?, Roy D. Simon
Legal Ethics Advisors And The Interests Of Justice: Is An Ethics Advisor A Conscience Or A Co-Conspirator?, Roy D. Simon
Fordham Law Review
No abstract provided.
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
Fordham Law Review
No abstract provided.
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Regulation And Responsibility For Lawyers In The Twenty-First Century, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
John D. Feerick: Attorney At Law, Timothy J. Brosnan
John D. Feerick: Attorney At Law, Timothy J. Brosnan
Fordham Law Review
No abstract provided.
John D. Feerick: A Student's Perspective, Sarah Copley
John D. Feerick: A Student's Perspective, Sarah Copley
Fordham Law Review
No abstract provided.
My Friend John, James F. Gill
John Feerick: A Lawyer's Compass, Benjamin C. Zipursky
John Feerick: A Lawyer's Compass, Benjamin C. Zipursky
Fordham Law Review
No abstract provided.
Questioning How The Bankruptcy Priority Scheme Treats Tax Claims Arising From The Termination Of Overfunded Pension Plans, Michael J. Cohen
Questioning How The Bankruptcy Priority Scheme Treats Tax Claims Arising From The Termination Of Overfunded Pension Plans, Michael J. Cohen
Fordham Law Review
No abstract provided.
Putting A Face To A (Screen) Name: The First Amendment Implications Of Compelling Isps To Reveal The Identities Of Anonymous Internet Speakers In Online Defamation Cases, Jennifer O'Brien
Fordham Law Review
No abstract provided.
Parables About Promises: Religious Ethics And Contract Enforceability, E. Allan Farnsworth
Parables About Promises: Religious Ethics And Contract Enforceability, E. Allan Farnsworth
Fordham Law Review
No abstract provided.
Dedication: A Tribute To A Giant, John D. Feerick
Dedication: A Tribute To A Giant, John D. Feerick
Fordham Law Review
No abstract provided.
The Comfort Of Certainty: Plain Meaning And The Parole Evidence Rule, Peter Linzer
The Comfort Of Certainty: Plain Meaning And The Parole Evidence Rule, Peter Linzer
Fordham Law Review
No abstract provided.
Rolling Contracts, Robert A. Hillman
On Change And The Law Of Contracts: A Tribute To Joe Perillo, Richard E. Speidel
On Change And The Law Of Contracts: A Tribute To Joe Perillo, Richard E. Speidel
Fordham Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Seattle University Law Review
This Comment will argue that the discovery rules presently require disclosure of an unacceptable amount of information. Part II of this Comment will outline some of e-mail's advantages over other communications media to help explain the rapid rise in e-mail use. Part III will then explain, in layman's terms, how e-mail actually works and discuss some of the reasons why e-mail archives are often considered as likely to contain “smoking gun” messages—the kind of evidence that can drastically affect the outcome of a case. But what is it about e-mail that can make it such a potent evidentiary weapon? The …
Casebooks Are Toast, Robert Laurence
Casebooks Are Toast, Robert Laurence
Seattle University Law Review
Into the fine spinach salad that is this Symposium on commercial law casebooks comes a grain of sand. An annoying defect in the total presentation. A distracting flaw that should not take away from the value of the remainder of the mix, but somehow does. For I am the one whose job it is to say that casebooks as a genre are dying, soon, I think, to become extinct. "Dinosaurs," a prior generation would have called them; "toast" in modern parlance. The future of law school teaching materials lies on the Web.
Section 43(A) Of The Shakespeare Canon Of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture In Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002), John Paul Stevens
UIC Review of Intellectual Property Law
Beverly Pattishall is a name that has secondary meaning for law students, for veteran trial lawyers—especially those seeking a more courteous and collegial bar—and for bar associations at the local, the national, and indeed the international level. It is fitting that a lecture series be dedicated to a quintessential “scholar and gentleman.” The Shakespeare Canon of Statutory Construction, like all of Shakespeare’s plays, contains five parts: Read the statute; read the entire statute; read the statute in its contemporary context; if necessary, consult the legislative history; and, finally, use your common sense. Section 43(a) of the Lanham Act has required …
"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long
"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long
UIC Review of Intellectual Property Law
The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …
On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port
On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port
UIC Review of Intellectual Property Law
Justice John Paul Stevens’ Inaugural Lecture in Trademark Law honoring Beverly Pattishall truly is a memorable read. Justice Stevens has provided a clear rationale for the Supreme Court’s most recent line of trade dress cases that most thought impossible. In fact, most have not even thought that there was a rationale, let alone a clear one, to a line of cases where the Court seems to be straining to balance the competing interests in American trademark jurisprudence. Rather than the arbitrary conclusion reached by the Supreme Court in distinguishing product configuration from product packaging, most commentators have recommended a more …
Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge
Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge
UIC Review of Intellectual Property Law
The problem of trade dress protection is this: What rules should we apply to trade dress protection to best satisfy the goals of trademark law? The merit of various proposed solutions can be measured by evaluating how effective they are in achieving those goals in various disputes. Both distinctiveness and likelihood of confusion should be understood from the perspective of the relevant public, not from that of the court, the trademark owner or the infringer. The questions we seek to answer only have coherent meaning if we consider the perception of the public. Otherwise, we are unable to determine if …
The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley
The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley
UIC Review of Intellectual Property Law
To succeed at the CAFC, the advocate must succeed in three stages of appeal. The first stage of appeal is actually the stage of proceedings in the trial court. The trial court proceedings are the first stage of appeal because in the absence of correct advocacy in the trial court, there is no opportunity for appeal. The action in the trial court need not be the success of winning at trial. It must, however, at least be the success of preserving issues for appeal – preserving critical error that cannot be remedied at the trial level. In the second stage …
Research Versus Development: Patent Pooling, Innovation And Standardization In The Software Industry, 1 J. Marshall Rev. Intell. Prop. L. 274 (2002), Daniel Lin
UIC Review of Intellectual Property Law
Despite the impressive pace of modern invention, a certain “patent thicket” effect that may be impeding what has become an increasingly difficult road to the commercialization of new technologies. Specifically, as new technologies build upon old technologies, they necessarily become increasingly complex, and as a result, are often subject to the protection of multiple patents, covering both the new cumulative technologies as well as old foundational technologies. The difficulties of acquiring licenses (e.g. hold-out problems) for all such patents has the potential to stifle the development and commercialization of these new technologies. As such, patent pooling, once condemned as facilitating …