Law Commons^™

Beyond Trademark Use, Stacey Dogan

Faculty Scholarship

For several years now, the question of “trademark use” has taken center stage in the debate over trademark liability of online intermediaries. Doctrinally, the debate addresses whether the Lanham Act places any limit on the types of “use” of trademarks that can subject one to a claim of infringement. The real conflict, however, has occurred at the normative level: whatever the Lanham Act says or does not say about trademark use, should trademark law limit the definition of infringement to situations in which the defendant has used the mark to brand its own products?

The Second Circuit appears to have …

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen

Faculty Scholarship

Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …

The Pornographic Secondary Effects Doctrine, John Fee

Faculty Scholarship

No abstract provided.

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt

Faculty Scholarship

No abstract provided.

State Of Utah V. John Vernon Cecil : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from convictions for aggravated assault, criminal mischief, and reckless driving, in the Fifth Judicial District Court of Utah, Washington County, the Honorable G. Rand Beacham presiding.

Albert Holland V. State Of Florida, Lawrence Fox, Susan Reece

Amicus Briefs

No abstract provided.

Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni

Nevada Supreme Court Summaries

An appeal from default judgment stemming from a property dispute ordered by the Family Court Division of the Eighth Judicial District Court

Summary Of Stephens Media V. Dist. Court, 125 Nev. Adv. Op. No. 63, John L. Ward

Nevada Supreme Court Summaries

Review of a motion regarding two issues of first impression: (1) determining whether petitioners met the proper procedure whereby the press may file a motion to intervene in a criminal case when seeking access to juror questionnaires, and (2) whether district courts must publicly disclose juror questionnaires.

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

In The Matter of the Parental Rights as to N.J.,

Summary Of In The Matter Of The Parental Rights As To N.J., 125 Nev. Adv. Op. No. 62, Paul C. Williams

Nevada Supreme Court Summaries

Dec. 24, 2009

Summary Of Sanchez V. Wal-Mart, 125 Nev. Adv. Op. No. 60, Shana S. Brouwers

Nevada Supreme Court Summaries

Plaintiffs/Appellants appeal from a district court dismissal of their complaint against several pharmacies for wrongful death and personal injury in a common-law negligence and negligence per se action.

Vol. Xxiv, Tab 61 - Ex. 2 - Rosetta Stone's Answers To Google's First Set Of Interrogatories, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Brief For The Respondants, Holder V. Humanitarian Law Project, Nos. 08-1498, 09-89 (U.S. Dec. 22, 2009), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

The Objectives And Principles Of The Trips Agreement, Peter K. Yu

Faculty Scholarship

The Agreement on Trade-Related Aspects of Intellectual Property Rights, which established the minimum standards for the protection and enforcement of intellectual property rights for WTO members, remains one of the more controversial international intellectual property agreements that have entered into force. Although that Agreement embraces a highly problematic super-size-fits-all approach, it includes a number of safeguards and flexibilities to facilitate economic development and to protect the public interest. Articles 7 and 8, in particular, lay out explicit and important objectives and principles that can play important roles in the interpretation and implementation of the Agreement.

Presented at the 2009 Santa …

Justifying The Exclusion Of Insurance, Jeffrey H. Kahn

Scholarly Publications

No abstract provided.

December 20, 2009: Does A Hallowed Secularist Send Chanukah Gifts?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Does a Hallowed Secularist Send Chanukah Gifts?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Interview With David Emery By Mike Hastings, David F. Emery

George J. Mitchell Oral History Project

Biographical Note
David Farnham Emery was born on September 1, 1948, in Rockland, Maine. His father was a bookkeeper, accountant, and golfer (he also played baseball for the University of Pennsylvania), and his mother was a nurse. Both parents served in the military during World War II, his father as a staff sergeant and his mother as an officer. He grew up in a Republican family and attended Worcester Polytechnic Institute in Worcester, Massachusetts from 1967-1970. He was elected to the Maine legislature immediately after graduation, during the Vietnam War. In 1974, he was elected as a U.S. congressman during …

December 18, 2009: Outrageous Breach Of Wall Of Separation As Rabbis Urge Lieberman To Support Health Care Reform, Bruce Ledewitz

Hallowed Secularism

Blog post, “Outrageous Breach of Wall of Separation as Rabbis Urge Lieberman to Support Health Care Reform“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Copyright For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

Virtual Intermediaries Ii - Canadian Solutions (Drop Shipments) Compared With Us, Japanese & Eu Approaches, Richard Thompson Ainsworth

Faculty Scholarship

Virtual travel agents are opportunistic internet-based travel agents. They are intermediary businesses that create mutually beneficial three-party transactions that secure accommodations for a traveler that: (a) meet the basic needs of the traveler (at a discount), (b) fills vacant room for accommodation retailers with guests that pay below market, but above standard costs, and (c) profit from the extra cash, the margin in the transaction.

The virtual intermediary’s eye is always on the discount and the cash flow. One of the things that catches their attention are the accommodation taxes which they collect from the traveler in advance and remit …

Interview With Tony Buxton By Andrea L’Hommedieu, Anthony 'Tony' W. Buxton

George J. Mitchell Oral History Project

Biographical Note
Anthony “Tony” Wayne Buxton was born in Augusta, Maine, on December 19, 1946, and grew up in Readfield, Maine. His father, Wayne Wilson Buxton, an artist and writer, and his mother, Margaret (Murray) Buxton, an artist and teacher, both came from Philadelphia, Pennsylvania. Tony attended Bowdoin College, being graduated in 1968, then served in the Army from 1968-1970. He received his law degree from Franklin Pierce Law Center in 1978 and began working for the firm Preti, Flaherty, Beliveau & Pachios in 1980. He co-founded the Energy Law Institute. Tony has served on both the Democratic State Committee …

December 16, 2009: The Fight For Chanukah, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Fight for Chanukah“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

All Faculty Scholarship

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …

A Restatement Of Contracts, Cree-L Kofford

Vol. 2: Service & Integrity

This address was given at the J. Reuben Clark Law Society Conference at Georgetown University in Washington, D.C., on February 17, 2006.

It Is Given Unto You To Judge, Sheila Mccleve

Vol. 2: Service & Integrity

This article is reprinted from the Clark Memorandum, spring 1992, 2–7.

The Doctrine Of Religious Freedom, W. Cole Durham Jr.

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on April 3, 2001.

Law School: A Sacred Experience, Jane H. Wise

Vol. 2: Service & Integrity

This Women’s Law Forum address was presented at BYU Law School on September 1, 2002.