Law Commons^™

Franchise Law Update, Deborah S. Coldwell, Judith R. Blakeway, Clifford B. Husted, Susan Vincent

SMU Law Review

No abstract provided.

Daubert Update: The Practical Effects Of The Kumho Tire Decision, Kristen M. Hoehn

Journal of Air Law and Commerce

No abstract provided.

Getting Serious About Corporate Tax Shelters: Taking A Lesson From History, George K. Yin

SMU Law Review

No abstract provided.

Dementia Research: Ethics And Policy For The Twenty-First Century, Rebecca Dresser

Georgia Law Review

People in developed countries rank dementia among the most feared threats to human health and life. With an increasing portion of the U.S. population living into the seventh, eighth, and ninth decades, the incidence of dementia is on the rise. So is the incidence of dementia research. In an effort to lighten the burdens on future patients and caregivers, government agencies, pharmaceutical companies, and philanthropic organizations are devoting abundant resources to the study of dementia. Like most human endeavors, dementia research can yield both benefits and harms. On the positive side, research holds out the possibility of better medications and …

Thinking About Life-Sustaining Treatment Late In The Life Of A Demented Person, Thomas Finucane

Georgia Law Review

This paper will consider a specific clinical situation: an elderly patient with dementia who becomes seriously ill, where treatment would likely be burdensome but might prolong life. Generic questions are described and the lawyerly Standard Paradigm is developed. Questions are raised about every step of the Standard Paradigm. Finally, there is a discussion of two treatment decisions that are commonly faced late in the course of advanced dementia: tube feeding and attempted cardiopulmonary resuscitation.

"Sometimes The Road Less Traveled Is Less Traveled For A Reason": The Need For Change In Georgia's Employment-At-Will Doctrine And Refusal To Adopt The Public Policy Exception, Nancy Baumgarten

Georgia Law Review

This Note calls for the adoption of the public policy exception to the employment-at-will doctrine in the state of Georgia. Georgia employees need a viable claim at the state level since federal relief may not always be an option for a Georgia plaintiff. Furthermore, the adoption of this exception is directly in line with Georgia's policies in other areas of law. Finally, since it is the same employers who have placed Georgia in the bottom twenty-five percent of the nation for the highest rate of job discrimination that can terminate Georgia' employees for reasons which violate public policy, the need …

A Case Against Software Patents, Russell Moy

Santa Clara High Technology Law Journal

No abstract provided.

Electronic Commerce And Consumer Protection In Europe, M. M. Lehamann

Santa Clara High Technology Law Journal

No abstract provided.

Cyberstalking: Can Communication Via The Internet Constitute A Credible Threat And Should An Internet Service Provider Be Liable If It Does?, Joanna Mishler

Santa Clara High Technology Law Journal

No abstract provided.

Get Off My Url: Congress Outlaws Cybersquatting In The Wild West Of The Internet, Oliver R. Gutierrez

Santa Clara High Technology Law Journal

No abstract provided.

Understanding Patent Infringement Under 35 U.S.C. 271(E): The Collisions Between Patent, Medical Device And Drug Laws, Shashank Upadhye

Santa Clara High Technology Law Journal

No abstract provided.

Should Junk E-Mail Be Legally Protected?, Joseph D'Ambrosio

Santa Clara High Technology Law Journal

No abstract provided.

Competing With City Hall: Local Government Entry Into The Telecommunications Marketplace, Ramsey F. Kawar

Santa Clara High Technology Law Journal

No abstract provided.

The Cash Of The Twenty-First Century, David D. Friedman, Kerry L. Macintosh

Santa Clara High Technology Law Journal

No abstract provided.

Wal-Mart Stores, Inc. V. Samara Brothers, Inc.: The Supreme Court Steps Back From Two Pesos And Requires Secondary Meaning In All Product Design Trade Dress Cases, Tahj Gomes, Carla De Silva

Santa Clara High Technology Law Journal

No abstract provided.

The Doctrine Of Equivalents: An Analysis Of The Festo Decision, Noreen B. Krall, Celeste B. Filoia

Santa Clara High Technology Law Journal

No abstract provided.

Master Of The Domain (Name): A History Of Domain Name Litigation And The Emergence Of The Anticybersquatting Consumer Protection Act And Uniform Dispute Resolution Policy, Colby B. Springer

Santa Clara High Technology Law Journal

No abstract provided.

Coppa, Kids, Cookies & Chat Rooms: We're From The Government And We're Here To Protect Your Children, Joseph A. Zavaletta

Santa Clara High Technology Law Journal

No abstract provided.

Was $7.5 Million A Good Deal For Business.Com: The Difficulties Of Obtaining Trademark Protection And Registration For Generic And Descriptive Domain Names, Christie L. Branson

Santa Clara High Technology Law Journal

No abstract provided.

Celebrity Domain Names: Icann Arbitration Pitfalls And Pragmatic Advice, P. Landon Moreland, Colby B. Springer

Santa Clara High Technology Law Journal

No abstract provided.

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Faculty Publications

No abstract provided.

Norm Theory And The Future Of The Federal Appointments Process, Michael J. Gerhardt

Faculty Publications

No abstract provided.

Attorney-Client Confidentiality And The Assessment Of Claimants Who Allege Posttraumatic Stress Disorder, Robert H. Aronson, Lonnie Rosenwald, Gerald M. Rosen

Articles

Posttraumatic Stress Disorder (PTSD) was first recognized by the American Psychiatric Association in 1980. A PTSD diagnosis requires an individual or individual's loved ones to have experienced a traumatic event that was a threat to life or physical integrity and caused the individual to react to the incident with a specific number of avoidance, reexperiencing, and hyper-arousal symptoms. Obtaining a PTSD diagnosis can be of great value to a personal-injury plaintiff who claims damages due to a traumatic event. Further, if the traumatic event is unquestioned and the individual reports the classic symptoms, a PTSD diagnosis is relatively easy to …

The Mental Health Provider Privilege In The Wake Of Jaffe V. Redmond, Robert H. Aronson

Articles

Many of the revisions to article V of the Uniform Rules of Evidence involved stylistic, nonsubstantive changes. In particular, all language was made gender neutral. The most substantial revision was to Rule 503, formerly titled "Physician and Psychotherapist-Patient Privilege." This revision broadened the scope of the privilege to include a general "mental health provider" privilege, in accord with the trend in the states and the U.S. Supreme Court's decision in Jaffee v. Redmond. In Jaffee, the Court recognized for the first time a federal psychotherapist-patient privilege and extended the privilege to confidential communications with a licensed social worker in …

Books? Why?, Penny A. Hazelton

Articles

Yes, we still need law books.

Fighting The Probate Mafia: A Dissection Of The Probate Exception To Federal Court Jurisdiction, Peter Nicolas

Articles

Despite the complexity and confusion surrounding the probate exception to federal court jurisdiction-or perhaps because of it-it has been given scant attention in the literature. This Article seeks to fill the gap. Part II of this Article sets forth the current application of the probate exception in the lower federal courts. Part III of this Article examines the statutory and constitutional constraints on the federal courts' exercise of subject matter jurisdiction over probate and probate related matters. Part III concludes that the probate exception is a mere gloss on the statutory grants of subject matter jurisdiction to the federal courts …

State Escheat Statutes And Possible Treatment Of Stored Value, Electronic Currency, And Other New Payment Mechanisms, Anita Ramasastry

Articles

Unclaimed property and escheatment is governed primarily by state statutory schemes. State unclaimed property statues require that after a specified period of time, unclaimed and abandoned property escheats to the states. The owner of the property may request return of the property upon proof of his or her ownership. Although several states have adopted the Uniform Unclaimed Property Act as their state escheatment statute,' there are variations in these state statutes. Nonetheless, all state statutes deal with traveler's checks and money orders; most also address gift certificates. Notably absent in all of the state statutes, with the exception of North …

The Emperor's New Clothes: The Shocking Truth About Digital Signatures And Internet Commerce, Jane K. Winn

Articles

This Article critiques a specific set of assumptions about specific application of digital signature technology: that contracts will be formed over the Internet among parties with no prior relationships through reliance on digital signature certificates issued by trusted third parties to establish the identity of the parties. This application for digital signature technology was once seen as both its most ambitious and most promising application because, for parties with no prior knowledge of each other, there is not yet a reliable system of online identities in Internet commerce.

Parties with an ongoing commercial relationship can absorb the cost of offline …

The Durable Power Of Attorney's Place In The Family Of Fiduciary Relationships, Karen E. Boxx

Articles

The durable power of attorney is a deceptively simple document that allows one person to handle the affairs of an incapacitated person without court supervision. It is merely an agency relationship, established by a written document, that continues during the principal's incapacity. The durable power of attorney has been in widespread use only for about twenty-five years. It is very easy to draft, and its use escapes most court proceedings or even much need for legal assistance.

The durable power of attorney has therefore kept a low profile until now, and any attention it is now receiving focuses primarily on …

The Miccosukee Indians And Environmental Law: A Confederacy Of Hope, William H. Rodgers, Jr.

Articles

Two legal orphans have found each other. The older one is "Indian Law," a confused, embarrassing, and twisted body of legal rules that "explain" the relationships between the United States and its native peoples. The newer one is "Environmental Law," a complex and jumbled stew of cases and statutes that "prescribe" proper behavior between modern Americans and the natural world.

Both these children of the law are suspected of subversion—the one is tainted by advocates of separate sovereignties, the other by critics of the American way of life. For Native Americans and environmentalists, their recent legal merger is a confederacy …