Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 35 of 35

Full-Text Articles in Law

Europe And The Globalization Of Antitrust Law, David J. Gerber Jan 1999

Europe And The Globalization Of Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber Jan 1999

The Us-European Conflict Over The Internationalization Of Antitrust Law, David J. Gerber

All Faculty Scholarship

No abstract provided.


The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme Dinwoodie Jan 1999

The Death Of Ontology: A Teleological Approach To Trademark Law, Graeme Dinwoodie

All Faculty Scholarship

In recent years, U.S. courts have recognized that a wide (and potentially limitless) range of subject matter may act as a trademark. These developments arguably comport both with a contemporary (global) consumer who is less reliant on linguistic forms of communication and with postmodern scholarship regarding the varied sources and development of meaning. This article addresses how trademark law should adapt to the reality that consumers identify and distinguish products using a range of symbols other than the traditional forms of words and pictorial images. I contend that, in order to regulate effectively the present-day marketplace, trademark law must recognize …


Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug Jan 1999

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug

All Faculty Scholarship

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …


Nonmajority Unions, Employee Participation Programs, And Worker Organizing: Irreconcilable Differences?, Carol Brooke Jan 1999

Nonmajority Unions, Employee Participation Programs, And Worker Organizing: Irreconcilable Differences?, Carol Brooke

Louis Jackson National Student Writing Competition

No abstract provided.