Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (6)
- Legal Education (3)
- Administrative Law (2)
- Business (2)
- Social and Behavioral Sciences (2)
-
- Antitrust and Trade Regulation (1)
- Arts and Humanities (1)
- Behavior and Behavior Mechanisms (1)
- Collective Bargaining (1)
- Comparative and Foreign Law (1)
- Education (1)
- Educational Assessment, Evaluation, and Research (1)
- Entertainment, Arts, and Sports Law (1)
- Higher Education (1)
- Higher Education and Teaching (1)
- Indigenous Studies (1)
- Internet Law (1)
- Jurisprudence (1)
- Labor Relations (1)
- Labor and Employment Law (1)
- Legal Profession (1)
- Legal Studies (1)
- Life Sciences (1)
- Medical Nutrition (1)
- Medical Sciences (1)
- Medicine and Health Sciences (1)
- Nutrition (1)
- Psychiatry and Psychology (1)
- Public Health (1)
- Keyword
-
- Administrative Procedure Act (2)
- Copyright (2)
- Copyrights (2)
- Intellectual property (2)
- Judicial review (2)
-
- Patents (2)
- APA (1)
- Age restriction (1)
- Antitrust law (1)
- Assessment (1)
- Attorney-client privilege (1)
- Basketball (1)
- Collective bargaining (1)
- Compositions (1)
- Copyright registration (1)
- Cyberspace (1)
- Draft (1)
- Fast food (1)
- Federal Circuit (1)
- Federal labor laws (1)
- Food labeling (1)
- Fragrances (1)
- Indigenous (1)
- Internet (1)
- Jurisprudence (1)
- Maurice Clarett (1)
- NBA (1)
- NBPA (1)
- NLEA (1)
- Nutrition Labeling and Education Act (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Technology Worth Patenting, Thomas G. Field Jr
Technology Worth Patenting, Thomas G. Field Jr
Law Faculty Scholarship
Inevitably scarce resources are better invested in deciding which [patent] applications are worth filing and seeking the broadest defensible claims for those that are chosen. Whether a patent can be obtained for less than, say, $10,000 is the wrong question. Whether a patent is worth having is the better question—particularly from the standpoint of prospective licensees.
A National Tax Bar: An End To The Attorney-Accountant Tax Turf War, Katherine D. Black, Stephen T. Black
A National Tax Bar: An End To The Attorney-Accountant Tax Turf War, Katherine D. Black, Stephen T. Black
Law Faculty Scholarship
Although current case law is divided regarding when an accountant is practicing law, this Article will explore different approaches to this problem. Specifically, Part II of this Article explores which entities control the regulation of the legal profession. Next, Part III examines the impact of the state courts on the issue of unauthorized legal practice. Part IV touches on the related issue of privilege and the treatment of attorney-client privilege in the context of tax practice. Further, Part V considers whether tax practice should be considered the practice of law, and Part VI of this Article examines the legal profession's …
Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi
Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi
Law Faculty Scholarship
Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …
Describing The Ball: Improve Teaching By Using Rubrics - Explicit Grading Criteria, Sophie M. Sparrow
Describing The Ball: Improve Teaching By Using Rubrics - Explicit Grading Criteria, Sophie M. Sparrow
Law Faculty Scholarship
Assessment is crucial to effective teaching and learning. Carnegie's Educating Lawyers and Roy Stuckey's Best Practices for Legal Education emphasize the importance of assessment. This article explains how detailed, written grading criteria describing what students should learn and how they will be evaluated should be a central part of law teachers' assessment plans. The article details how rubrics can improve law student learning, and contains both detailed, step-by-step directions on creating rubrics and examples of rubrics from many different law school courses.
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Illegal Defense: The Irrational Economics Of Banning High School Players From The Nba Draft, Michael Mccann
Law Faculty Scholarship
Each year, the National Basketball Association (NBA) conducts its annual entry draft (NBA Draft), which is the exclusive process by which premiere amateur players gain entrance into the NBA. To the dismay of many commentators, a number of drafted players will have just completed their senior year of high school. Routinely, these players are dismissed as immature, unprepared, and ill-advised, even though most will sign guaranteed, multi-million dollar contracts before their college educations would have begun. In stark contrast to popular myth, this Article finds that players drafted straight out of high school are not only likely to do well …
Economic Efficiency And Consumer Choice Theory In Nutritional Labeling, Michael Mccann
Economic Efficiency And Consumer Choice Theory In Nutritional Labeling, Michael Mccann
Law Faculty Scholarship
As more Americans consume fast food each year, more Americans are contracting serious diseases related to obesity. Considering that obesity ranks second behind tobacco use as the largest contributor to mortality rates in the United States, and also that it gives rise to greater publicly funded health care expenses than does tobacco, this phenomenon begs the obvious question: To what extent does the growing consumption of fast food contribute to the obesity epidemic and the incidence of disease? If the answer indicates a meaningful contribution, a natural follow-up question then emerges: In a sensible legal system, what instruments would best …
Intellectual Property And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Intellectual Property And Indigenous Peoples: Adapting Copyright Law To The Needs Of A Global Community, Megan M. Carpenter
Law Faculty Scholarship
The definition and scope of intellectual property and associated laws are under intense debate in the emerging discourse surrounding intellectual property and human rights. These debates primarily arise within the context of indigenous peoples' rights to protection and ownership of culturally specific properties. It is true that intellectual property laws are based on Western, developed markets, Western concepts of creation and invention, and Western concepts of ownership. But whatever their origins, those laws have been, and currently are, the primary vehicle for the protection of artistic, literary, and scientific works worldwide. To segregate indigenous interests from this international legal regime, …
Copyright Protection For Perfumes, Thomas G. Field Jr
Copyright Protection For Perfumes, Thomas G. Field Jr
Law Faculty Scholarship
In June 2004, the Lancome opinion from the Netherlands held that perfume compositions are copyrightable. NautaDutilh, the firm that represented Lancome, claimed the ruling was "internationally groundbreaking."
The thesis of this paper is that the Dutch Court erred in protecting compositions rather than scents or fragrances. As discussed below, such an approach runs afoul of basic copyright principles here and abroad.
Judicial Review Of Copyright Examination, Thomas G. Field Jr
Judicial Review Of Copyright Examination, Thomas G. Field Jr
Law Faculty Scholarship
Copyright in qualifying United States works has always arisen upon creation. For many years, however, rights could be lost by failing to, e.g., provide notice, register and deposit copies when works were first published. In 1909 formal requirements were reduced, and the Supreme Court, in 1939, concluded that registration with the U.S Copyright Office was unnecessary to retain rights. Despite that, owners could not sue infringers without having registered.
Regarding registration as helpful if not obligatory, this paper compares the burden on moving parties in circumstances in which registration decisions may be challenged in courts.
Zurko, Gartside, And Lee: How Might They Affect Patent Prosecution?, Thomas G. Field Jr
Zurko, Gartside, And Lee: How Might They Affect Patent Prosecution?, Thomas G. Field Jr
Law Faculty Scholarship
Interactions between the PTO and the courts are more complex than for most agencies. PTO decisions may be challenged not only directly but also collaterally. In the latter context, the Supreme Court has sometimes been critical of the lax standards applied when issuing patents.
While being upheld in collateral review is the ultimate issue of concern to patentees, patents must first be obtained. Thus, this paper focuses on direct challenges to PTO actions--and more specifically, on the review arising under 35 U.S.C. §§ 141-44 as addressed in Zurko, Gartside, and Lee.
Since the Supreme Court reversed the …
The Hegemony Of The Copyright Treatise, Ann Bartow
The Hegemony Of The Copyright Treatise, Ann Bartow
Law Faculty Scholarship
This Article asserts that major conceptions about the appropriate structure, texture, and span of copyright protections and privileges have been fashioned by copyright treatises, particularly the various editions of Nimmer on Copyright. Copyright treatises function in concert with the machinations of Congress, the courts, and custom, but their role is not often scrutinized.
Because copyright treatises typically do a far better job than Congress or the courts of explicating copyright law in straightforward and accessible language, such treatises can not only communicate the copyright law, but also influence its development and direction. Policy makers no doubt understand that content owners …