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1998

Law Faculty Scholarship

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Articles 1 - 12 of 12

Full-Text Articles in Law

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitoner, Thomas G. Field Jr., John F. Duffy, Craig Allen Nard Dec 1998

Brief Amici Curiae Of Intellectual Property Professors In Support Of Petitoner, Thomas G. Field Jr., John F. Duffy, Craig Allen Nard

Law Faculty Scholarship

Congress enacted the Administrative Procedure Act (APA) in 1946 as a comprehensive statute to regulate the field of federal administrative law. In holding that the PTO Board of Patent Appeals and Interferences is not subject to the standards of judicial review set forth in the APA, the [Zurko] decision isolates patent law from the rest of administrative law and undermines the APA’s goal of achieving consistency and uniformity in federal administrative law.


Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley Oct 1998

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.


Whither Weber?, Michael J. Yelnosky Oct 1998

Whither Weber?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert Oct 1998

Professional Responsibility: 1998 Survey Of Florida Law, Timothy P. Chinaris, Elizabeth Clark Tarbert

Law Faculty Scholarship

Continuing a trend, 1998 included a number of important developments in the area of professional responsibility law in Florida. Significant appellate court decisions, rule changes, and disciplinary actions potentially affect the practices of more than 58,000 members of The Florida Bar. This article reports and summarizes those developments by placing them in the framework of the various relationships in which lawyers typically operate. Part II looks at decisions affecting what must be viewed as the central relationship in this context: the relationship between lawyer and client. Part III examines developments pertaining to what may be the dominant relationship: the lawyer's …


Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus Oct 1998

Separation Of Powers In State Constitutional Law - Introduction, Carl T. Bogus

Law Faculty Scholarship

No abstract provided.


Amicus Brief Of Thomas G. Field, Jr., Pro Se Supporting In Principle, On Rehearing The Commissioner Of Patents And Trademarks, Thomas G. Field Jr. Sep 1998

Amicus Brief Of Thomas G. Field, Jr., Pro Se Supporting In Principle, On Rehearing The Commissioner Of Patents And Trademarks, Thomas G. Field Jr.

Law Faculty Scholarship

To those unfamiliar with the long, often bitter, struggle over equally compelling needs to provide, on the one hand, innovators with an adequate opportunity to recoup risk capital and to avoid, on the other, erecting unwarranted barriers to competition, a dispute over the proper scope of review for Patent and Trademark Office (PTO) patent appeals will seem both trivial and arcane. This case involves more than semantics -- its resolution turns on the allocation of power among three, and arguably four, branches of government. This Court, itself, has a stake.


State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson Jul 1998

State Regulation Of Charitable Solicitation, Elaine Waterhouse Wilson

Law Faculty Scholarship

No abstract provided.


How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson Apr 1998

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


The Hidden History Of The Second Amendment, Carl Bogus Jan 1998

The Hidden History Of The Second Amendment, Carl Bogus

Law Faculty Scholarship

No abstract provided.


In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans Jan 1998

In The Title Ix Race Toward Gender Equity, The Black Female Athlete Is Left To Finish Last: The Lack Of Access For The “Invisible Woman", Tonya M. Evans

Law Faculty Scholarship

Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons. Overt racial discrimination prevented black women from gaining access to the sports participated in by white women. To the extent that the main thrust of solutions to gender inequity and a lack of adherence to Title IX mandates has been the addition of …


El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr. Jan 1998

El Principio De "La Alternativa Menos Restrictiva" En Derecho Constitucional Norteamericano, Robert Bastress Jr.

Law Faculty Scholarship

No abstract provided.