Law Commons^™

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn

Articles

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …

Appellant State Of Washington's Reply Brief

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Appellee Confederated Tribes Of The Chehalis Reservation Answering Brief

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Answering Brief Of Appellee Quinault Indian Nation

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Appellant State Of Washington's Opening Brief

United States v. Washington, Docket Nos. 99-35104, 99-35140 (235 F.3d 438 (9th Cir. 2000))

No abstract provided.

Upow's Reply Briefs In Opposition

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Puget Sound Shellfish Growers' Brief In Reply

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Private Owners' Reply To Brief In Opposition

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Reply Brief Of Defendant- Appellant Lummi Nation

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Brief For The United States In Opposition

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Brief Amici Curiae Of Inner Sound Crab Association, Joe Verdoes, And Washington Dungeness Crab Fishermen's Association, Tom Kelley, In Support Of Petitioner, State Of Washington

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Respondent Indian Tribes' Brief In Opposition

Washington v. United States, Puget Sound Shellfish Growers v. United States, Alexander v. United States, 26 Tideland and Upland Private Property Owners v. United States, Docket Nos. 98-1028, 98-1026, 98-1039, 98-1052 (526 U.S. 1060 (1999))

No abstract provided.

Brief Of Plaintiff-Intervenor/Appellee Muckleshoot Indian Tribe

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Opening Brief Of Interested Party- Appellees The Tulalip Tribes Of Washington

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Opening Brief Of Plaintiff- Appellees Four Tribes

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Opening Brief Of Defendant - Appellant Lummi Nation

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Opening Brief Of Defendant- Appellant Lummi Nation

United States v. Lummi Indian Tribe, Docket No. 98-35964 (235 F.3d 443 (9th Cir. 2000))

No abstract provided.

Privately Legislated Intellectual Property Rights: Reconciling Freedom Of Contract With Public Good Uses Of Information, J.H. Reichman, Jonathan A. Franklin

Librarians' Articles

In an age of omnipresent clickwrap licenses, we acknowledge the need for a uniform set of default rules that would validate non-negotiable licenses as a mechanism for minimizing transaction costs likely to hinder economic development in a networked environment. However, we contend that any model of contract formation not driven by the traditional norms of mutual assent requires specially formulated doctrinal tools to avoid undermining long-established public good uses of information for such purposes as education and research, technical innovation, free speech, and the preservation of free competition.

With the convergence of digital and telecommunications technologies, creators and innovators who …

Researching In An Imperfect World, Mary Whisner

Librarians' Articles

Responding to a request for assistance in using Legal Resource Index leads the author to ponder how the imperfections in the reference tools we use on a daily basis lead to the inescapable conclusion that intelligent, informed compromise is an inherent part of research.

Golf Buddy Reference Questions, Mary Whisner

Librarians' Articles

Responding to a reference question that began as a casual dispute between a golfer and his buddy about legal procedure leads Ms. Whisner to consider the appropriate way to respond to inquiries from public patrons.

The New Wild West: Measuring And Proving Fame And Dilution Under The Federal Trademark Dilution Act, Xuan-Thao Nguyen

Articles

The passage of the Federal Trademark Dilution Act of 1995 (the Dilution Act or Act) has been widely celebrated, as evidenced by the number of related articles, speeches and symposia. Commentators who applauded the adoption of the Dilution Act believed that a dilution claim would now be easier to prove by trademark owners against diluters because trademark owners would not have to establish the troublesome factual issue of consumer confusion. The courts have embraced the Act, and it has already proven to be an effective weapon for trademark owners. One court has even suggested trademark owners asserting claims of dilution …

The Dilemma Of Intellectual Property Piracy In China, Jennifer S. Fan

Articles

This Article analyzes the effectiveness of China's intellectual property laws and the role they play in China's foreign trade and investment. It gives an overview of how intellectual property laws developed in China and explains why they have been inadequate, especially with respect to the protection of the interests of U.S. companies. It then illustrates why America's response to the piracy of intellectual property has been largely ineffective. The Article explains why China's strides in intellectual property law have fallen short of expectations and offers alternative methods of protecting intellectual property rights in China.

What A Salmon Czar Might Hope For, William H. Rodgers, Jr.

Articles

There is a windowof opportunity in the wave of Endangered Species Act salmon listings that has descended on the Pacific Northwest in 1998 and 1999. Federal law links listings to the "inadequacy of existing regulatory mechanisms." Experience in Oregon has shown that EPA listings cannot be avoided by "voluntary or future conservation efforts."

Meaningful state law that will deter federal overrides must be "current" and "enforceable." With salmon stocks plummeting and with "inadequate" regulation prominently confirmed, what would the naive observer expect from a Washington State legislature intent upon saving the salmon and protecting its authority? A spate of stunning …

How Copyleft Uses License Rights To Succeed In The Open Source Software Revolution And The Implications For Article 2b, Robert W. Gomulkiewicz

Articles

The computer industry moves from one “next great thing” to the next “next great thing” with amazing speed. Graphical user interface, object-oriented programming, client-server computing, multimedia software, Java applets, the network computer, and the Internet have all been hailed as technological breakthroughs at one time or another. Some of these promising developments fizzle, some evolve and succeed slowly, and some revolutionize the industry overnight.

Led by a group of software developers known as “hackers,” the latest “next great thing” is “open source” software. The word “source” refers to software in source code form. Source code is the collection of instructions …

From Office Ladies To Women Warriors?: The Effect Of The Eeol On Japanese Women, Jennifer S. Fan

Articles

In this Article, Jennifer Fan argues that existing laws in Japan do not adequately protect working women from sex discrimination. Specifically, Fan examines the Equal Employment Opportunity Law (EEOL), a law designed to prevent discrimination against women in the workplace, and concludes that the EEOL is little more than a paper tiger that preserves the status quo. After briefly discussing the legal sources of protection for working women in Japan before the passage of the EEOL, Fan examines the creation of the EEOL, its substantive provisions, and its legal impact. Through her analysis of recent sexual harassment cases in light …

The Antitrust Duty To Deal And Intellectual Property Rights, James C. Burling, William F. Lee, Anita K. Krug

Articles

This Article discusses how courts have addressed so-called ‘"duty-to-deal" antitrust claims involving intellectual property, and what they should do in those circumstances to ensure appropriate deference to the competition goals of intellectual property doctrine.

Part II discusses duty-to-deal principles in the general case, where intellectual property rights are not at issue, noting that hard and fast rules have yet to emerge.

Part III discusses the approaches courts have taken in the intellectual property context and contends that, although many courts have conducted their analyses with a view to the objectives of patent law, at least two have not, with potentially …

Managing State Trust Lands For Ecosystem Health: The Case Of Washington State's Range And Agricultural Lands, Gregory A. Hicks

Articles

The protection of ecosystem health and wildlife habitat on state trust lands has received increasing attention in public lands literature. This article is meant to contribute to that discussion. It is focused on recently adopted land management policies in Washington state which are intended to restore ecosystem health and wildlife habitat on the 1.1 million acres of range and agricultural trust lands in the upland interior of the state's Columbia Plain. The lands in question are lands originally granted to Washington at statehood by the federal government for the support of the common schools and other public institutions. Those lands …

Labor-Management Cooperation In The United States: Reflections On Boeing, Daniel H. Foote

Articles

No abstract provided.

The Use Of Preclusion Doctrine, Antisuit Injunctions, And Forum Non Conveniens Dismissals In Transnational Intellectual Property Litigation, Peter Nicolas

Articles

Conflicting standards among the federal circuits over the applicability of inherent powers in the transnational intellectual property context and the divided authority regarding the jurisdiction of U.S. federal courts over foreign intellectual property claims severely hamper the ability of federal district courts to use these tools in such a manner so as to prevent parties in transnational intellectual property suits from engaging in strategic behavior. This Comment seeks to reconcile these conflicts where possible and, where irreconcilable, to demonstrate that the text and history of federal statutes conferring subject matter jurisdiction on federal courts and placing limits on their issuance …

The Most Creative Moments In The History Of Environmental Law: "The Who's", William H. Rodgers, Jr.

Articles

My definition of creativity in environmental law is any legal initiative that advances the subject with new levels of analysis, structure, or institutional bridges. There are two requirements: improvement on function and novelty. Law is better if it increases the prospect of protecting the natural world or its inhabitants. Law is novel if it combines mandate, process, or structure in unusual ways.

There are reasons to suspect that environmental law as a field may be more creative than other legal subjects such as trust and estates, contracts, property, or tax law. One reason, as Oliver Houck has said, is that …