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Full-Text Articles in Law
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh
Michigan Telecommunications & Technology Law Review
The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
A Cheese By Any Other Name: A Palatable Compromise To The Conflict Over Geographical Indications, Ivy Doster
Vanderbilt Law Review
In many grocery stores, shoppers must look in two places to find cheese. The first cheese section is usually near the dairy case; the second is often a specialty cheese case located in the produce department. Why make harried supermarket shoppers rush back and forth between two locations to find what they need for a fondue? The most noticeable difference between the cheeses in the two cases is probably the price: cheeses in the specialty case are generally much more expensive. A second difference is the packaging: many cheeses in the dairy aisle are pre-grated, pre-shredded, or pre-sliced and individually …
Feminist Interpretations Of Intellectual Property, Debora Halbert
Feminist Interpretations Of Intellectual Property, Debora Halbert
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Courts Of Limited Jurisdiction In A Post-Transition Cuba, Matias F. Travieso-Diaz, Armando A. Musa
Courts Of Limited Jurisdiction In A Post-Transition Cuba, Matias F. Travieso-Diaz, Armando A. Musa
Vanderbilt Journal of Transnational Law
Cuba's eventual transition to a free-market society will likely be accompanied by a flood of litigation in areas such as property rights, privatization of state-owned enterprises, and human rights violation claims. Courts of limited jurisdiction should be established to hear these specialized matters and alleviate the burden on regular courts. As the transition unfolds, there will also be a need to create specialized tribunals to handle disputes in areas such as taxation, bankrtupcy, and intellectual property. The creation of the various courts of limited jurisdiction will have to be supported by creative strategies for retraining existing judges, training new ones, …
Is The Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire, Amanda Schlager
Is The Suite Life Truly Sweet? The Property Rights Luxury Box Owners Actually Acquire, Amanda Schlager
Vanderbilt Journal of Entertainment & Technology Law
Part I of this Note offers a look at the rising trend of luxury boxes, with a discussion of what separates a license from a lease. Part II will look at the property rights frequently given to one who "leases" a luxury box and will analyze what interest in land he actually receives. Part III presents the implications of misnomers in luxury box leasing and presents possible repercussions for both luxury box owners and those to whom the owners would lease them. It also suggests a better method for creating and governing these arrangements. Finally, it asserts that because of …
Historic Preservation In Southeast Asia: The Role Of Public-Private Partnerships, Patrick Stough
Historic Preservation In Southeast Asia: The Role Of Public-Private Partnerships, Patrick Stough
Vanderbilt Journal of Transnational Law
The role of globalization in the rapid economic success of Southeast Asia is exemplified by the growing westernization of the region's cities. While globalization has its benefits, such as encouraging investment and global connectivity, it also threatens the cultural heritage of a given area by encouraging a sort of homogeneity that makes modern cities all look alike. In particular, the goal of economic development often stands at odds with the preservation of structures and properties that reflect the cultural heritage of the region. Furthermore, many of the countries of the region are under pressure to better protect property rights, another …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
The Erosion Of Private Property Rights After Raleigh Avenue Beach Association V. Atlantis Beach Club, Kristin A. Scaduto
The Erosion Of Private Property Rights After Raleigh Avenue Beach Association V. Atlantis Beach Club, Kristin A. Scaduto
Villanova Law Review
No abstract provided.
Home As A Legal Concept, D. Benjamin Barros
Home As A Legal Concept, D. Benjamin Barros
Santa Clara Law Review
No abstract provided.
Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Restoring Property Rights In Washington: Regulatory Takings Compensation Inspired By Oregon's Measure 37, Kelly Michelle Kelley
Seattle University Law Review
Part II of this Comment provides a background of regulatory takings jurisprudence, outlining both the U.S. Supreme Court's and Washington courts' respective analyses of regulatory takings challenges under the takings clauses of both the U.S. and Washington Constitutions. Part III discusses the threshold compensation statutes that have been enacted by four states in an effort to remedy the problem of regulatory takings. Part IV examines Oregon's Measure 37 and the lawsuit that validated its constitutionality. Part V analyzes Washington's proposed property rights measure, Initiative 933, and argues that Washington needs a regulatory takings compensation statute. Finally, Part VI concludes that …