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Journal

2002

Discipline
Institution
Keyword
Publication

Articles 4081 - 4110 of 4255

Full-Text Articles in Law

How The Corporation Conquered John Bull, A.W. Brian Simpson Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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. Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

John D. Feerick: Attorney At Law, Timothy J. Brosnan

Fordham Law Review

No abstract provided.


John D. Feerick: A Student's Perspective, Sarah Copley Jan 2002

John D. Feerick: A Student's Perspective, Sarah Copley

Fordham Law Review

No abstract provided.


My Friend John, James F. Gill Jan 2002

My Friend John, James F. Gill

Fordham Law Review

No abstract provided.


John Feerick: A Lawyer's Compass, Benjamin C. Zipursky Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

The Comfort Of Certainty: Plain Meaning And The Parole Evidence Rule, Peter Linzer

Fordham Law Review

No abstract provided.


Rolling Contracts, Robert A. Hillman Jan 2002

Rolling Contracts, Robert A. Hillman

Fordham Law Review

No abstract provided.


On Change And The Law Of Contracts: A Tribute To Joe Perillo, Richard E. Speidel Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

"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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 …