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Articles 1 - 11 of 11
Full-Text Articles in Law
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
William & Mary Law Review
No abstract provided.
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Code Blue! Ambulance Manufacturing Specifications May Pre-Empt State Common Law Claims, Michael J. Denning
Northern Illinois University Law Review
This comment seeks to apply contemporary pre-emption jurisprudence to the area of federal purchasing specifications. The piece first lays the foundation of pre-emption, and more specifically discusses its inception and maturation, and then provides an analysis of how courts should apply these principles today. Next, the piece introduces federal purchasing specifications, specifically the specification governing the government's acquisition of ambulances. The comment argues that because the specification was written to provide federal uniformity to the ambulance manufacturing field, any state claim seeking to hold a manufacturer to a higher standard than that written into the specification should be pre-empted through …
Commerce And Trade Electronic Signatures And Records: Permit The Use Of Electronic Signatures And Records Even When A Statute, Regulation, Or Other Rule Of Law Specifies A Non-Electronic Type Of Signature Or Record, Gregory Todd Jones
Georgia State University Law Review
The Act attempts to prevent the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C.S. sections 7001, et seq., and 47 U.S.C.S. section 231) from preempting state law by expressing legislative findings and intent that previous Georgia digital signature legislation was consistent with federal law. Additionally, the Act allows all departments in the Georgia state government to use their best judgment in providing for the efficiencies that result from the use of electronic signature equivalents without having to affirmatively change thousands of specific references in the code to non-electronic signatures or records.
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Prosecuting Conduit Campaign Contributions - Hard Time For Soft Money, Robert D. Probasco
Faculty Scholarship
In recent years, there have been several high-profile prosecutions for violations of the Federal Election Campaign Act, involving contributions nominally by one individual but funded or reimbursed by another individual deemed to be the true contributor. Prosecutions of these “conduit contribution” cases have been surprising in at least three significant respects. First, the prosecutions have been based on violations of FECA’s reporting requirements and may not have involved any violations of the substantive prohibitions or limitations of contributions. Second, the defendants were the donors rather than campaign officials who actually filed reports with FECA. Third, the cases were prosecuted as …
Interpreting Urugual Round Agreements Act Section 102(B)'S Safeguards For State Sovereignty: Reconciling Judicial Independence With The United States Trade Representative's Policy Expertise, Brandon Johnson
Michigan Journal of International Law
In this Note, I address the concerns of one aspect of this academic commentary-the claim that the WTO Agreement may cause a tectonic shift in domestic regulatory power, away from the states and toward the federal government and/or the WTO. I argue that while the concerns about the loss of national sovereignty are exaggerated, there is a very real threat to the sovereignty of the States. Congress was aware of this danger and included a variety of provisions designed specifically to protect state sovereignty from federal encroachment in the Uruguay Round Agreements Act (URAA), the federal legislation incorporating the WTO …
Introduction To Symposium On Revised Article, Sarah Howard Jenkins
Introduction To Symposium On Revised Article, Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Preemption & Supplementation Under Revised 1-103: The Role Of Common Law & Equity In The New U.C.C., Sarah Howard Jenkins
Preemption & Supplementation Under Revised 1-103: The Role Of Common Law & Equity In The New U.C.C., Sarah Howard Jenkins
Faculty Scholarship
No abstract provided.
Preemption Analysis After Geier V. American Honda Motor Co., Susan D. Hall
Preemption Analysis After Geier V. American Honda Motor Co., Susan D. Hall
Kentucky Law Journal
No abstract provided.
Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford
Federal Preemption And Vacatur: The Bookend Issues Under The Revised Uniform Arbitration Act, Stephen L. Hayford
Journal of Dispute Resolution
As one of the two Academic Advisors to the Drafting Committee appointed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") to revise the Uniform Arbitration Act, I was assigned primary responsibility for the two most important issues pertinent to the Drafting Committee's framing of the Revised Uniform Arbitration Act ("RUAA"). The first-the issue of federal preemption-set the baseline for the scope and character of the RUAA by defining for the Drafting Committee the areas of the substantive law of arbitration in which the states are free to regulate, the Federal Arbitration Act ("FAA") notwithstanding. The second-the issue …
Lindsey V. Tacoma-Pierce County Health Department: Cipollone Revisited, Billboards, State Law Tort Damages Actions, Federal Preemption And The Federal Cigarette Labeling And Advertising Act, Harold C. Reeder
Seattle University Law Review
The Article evaluates Lindsey and other recent cases dealing with local regulations restricting tobacco advertising; it also examines their respective preemption analyses, suggesting that the use of the FCLAA's preemption provision against such regulations is unwarranted. The article argues that in Lindsey, the Ninth Circuit misconstrued the Supreme Court's discussion of the preemptive scope of the FCLAA by failing to read it in the proper contex and that the FCLAA's preemption provision was not intended to prevent the particular types of regulations involved in Lindsey and these other cases. It argues that the preemption provision was only meant to …
Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell
Escape From Copyright: Market Success Vs. Statutory Failure In The Protection Of Expressive Works, Tom W. Bell
Tom W. Bell
Copyright law, originally excused as a necessary evil, threatens now to become an inescapable burden. Because state and common law rights seemed inadequate to protect expressive works from unrestricted copying, the Founders expressly authorized federal copyright legislation. Lawmakers have read that constitutional mandate liberally. Each new version of the Copyright Act has embodied longer, broader, and more powerful legal protections. Meanwhile, private initiatives have developed increasingly effective means of safeguarding copyrighted works. Alarmed that these dual trends benefit copyright owners at too great an expense to the public interest, many commentators argue that the Copyright Act should limit and preempt …