Law Commons^™

The Rx-To-Otc Switch Of Claritin, Allegra, And Zyrtec: An Unprecedented Fda Response To Petitioners And The Protection Of Public Health, Holly M. Spencer

American University Law Review

No abstract provided.

Mandatory Motherhood And Frustrated Fatherhood: The Supreme Court's Preservation Of Gender Discrimination In American Citizenship Law, Erin Chlopak

American University Law Review

No abstract provided.

Profile, Winterspring 2002

Alumni Magazines

No abstract provided.

A Call For Co-Management: Treaty Fishing Allocation In New Zealand And Western Washington, Kristi Stanton

Washington International Law Journal

The Maori tribe of New Zealand and the tribes of western Washington are both subject to quota systems as a result of their treaty rights to fish. While New Zealand's quota system was legislatively imposed, western Washington's was judicially imposed. Nevertheless, the two quota systems are quite similar in that both permit approximately half the allowable catch of fish each year to go to the tribes. However, that amount does not adequately represent what the tribes are entitled to based on their treaty rights. Colonization, over-fishing, and resource deterioration have decreased the amount of fish available to the fishing population …

How Wide Should The Gate Of "Technology" Be? Patentability Of Business Methods In China, Joy Y. Xiang

Washington International Law Journal

China regards business methods to be a form of mental activity, and consequently excludes them from patent protection. In recent years, along with the proliferation of computer, telecommunication, and Internet technologies, the line between business methods and technology has blurred. As a result, other patent systems, such as U.S. patent law, have modified or are re-evaluating their patent treatment of business methods. The Chinese patent system is designed to promote the progress of science and technology. Business methods having no technical characters are not technological art. It would thus be overly inclusive to regard every business method as "technology" and …

The Future Of Municipal Fisheries In The Philippines: Does The Philippine Fisheries Code Do Enough?, Devon Shannon

Washington International Law Journal

The allocation of fishery resources is a critical concern for the Philippines municipal fishing sector where the global problem of overfishing has taken its toll on near-shore aquatic life. The dependency of coastal Filipino communities on fishery resources for nutrition and livelihood necessitates an analysis of the 1998 Philippine Fisheries Code's ("PFC's") ability to facilitate effective marine resource allocation at the municipal level. A comparison of international instruments addressing fishery resource management with the PFC reflects a clear intent on the part of the Code's drafters to emulate accepted international standards. In some areas, however, the PFC's ambiguous language hinders …

Table Of Contents, Table Of Contents Public Land & Resources Law Review

Public Land & Resources Law Review

No abstract provided.

How Did We Get Here? Looking To History To Understand Conflicts In Public Land Governance Today, Karin P. Sheldon

Public Land & Resources Law Review

No abstract provided.

Table Of Contents - Issue 3, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

The Architecture Of The International Intellectual Property System, Graeme B. Dinwoodie

Chicago-Kent Law Review

In this Article, Professor Dinwoodie describes the classical architecture of the international intellectual property system, and discusses some of the ways in which that system is changing. In particular, he considers the role of national courts in the international intellectual property system. Conventional understanding suggests that national courts play a relatively limited role, but Professor Dinwoodie notes various developments that have enabled or required national courts to assume greater involvement in the construction of international intellectual property law. The infrastructure envisaged by the proposed Hague Convention, and by Professors Dreyfuss and Ginsburg in their proposal for a standalone convention on …

Draft Convention On Jurisdiction And Recognition Of Judgments In Intellectual Property Matters, Rochelle C. Dreyfuss, Jane C. Ginsburg

Chicago-Kent Law Review

This proposal is meant to spur the intellectual property bar to consider whether it would be desirable to create a regime for international enforcement of intellectual property law judgments. Such a convention could be adopted under the auspices of the World Intellectual Property Organization ("WIPO") or through the World Trade Organization ("WTO").

There are several reasons to believe that an instrument drafted specifically for intellectual property disputes would be particularly advantageous. First, for intellectual property disputes, efficiency should be a principal target. Modern distribution methods, particularly satellite and Internet transmissions, make it increasing likely that intellectual property rights will be …

Valuing "Domestic Self-Determination" In International Intellectual Property Jurisprudence, Graeme W. Austin

Chicago-Kent Law Review

In an era of increased globalization of intellectual property law and policy, a key challenge for domestic and international intellectual property law makers will be the balancing of domestic and international concerns. In intellectual property law, the latter are frequently given expression through the principle of territoriality. Professor Austin's Article examines the continued viability of the territoriality principle and the value of domestic self-determination in international intellectual property jurisprudence in both the private and public international law contexts, and discusses ways that the value of domestic self-determination might be balanced with the need for international cooperation in the international intellectual …

International Jurisdiction And Enforcement Of Judgments In The Era Of Global Networks: Irrelevance Of, Goals For, And Comments On The Current Proposals, Jonathan A. Franklin, Roberta J. Morris

Chicago-Kent Law Review

The Hague Convention attempts to harmonize bases of jurisdiction and make enforcement of foreign judgments routine. At the same time, the diversity in substantive national laws in intellectual property and other areas permits nations to experiment with new and different approaches. A good international legal system will improve transnational litigation without running roughshod over national socio-cultural values, as embodied especially in intellectual property law. This Article ponders disparate factors that could diminish the importance of the whole effort, considers some values that should guide the effort if it is to go forward, and then reviews how selected provisions of the …

Treaty Law And Legal Transition Costs, Michael P. Van Alstine

Chicago-Kent Law Review

In this Article, Professor Van Alstine examines the costs of legal transition associated with the adoption of multilateral treaties. These "legal transition costs" arise from the need to learn about the content of new legal norms as well as the uncertainty and related costs that flow from the loss of the accrued experience with the old legal regime and from contending with doubts about the new one. Building on earlier work on this phenomenon, Professor Van Alstine analyzes the special implications of transition cost analysis in the context of multilateral treaties such as the one proposed by Professors Dreyfuss and …

Has The Americans With Disabilities Act Fallen On Deaf Ears? A Post-Sutton Analysis Of Mitigating Measures In The Seventh Circuit, Molly M. Joyce

Chicago-Kent Law Review

Although the Americans with Disabilities Act was lauded as a statute that would bring long-overdue relief to the disabled, the Supreme Court's decision in Sutton v. United Airlines has caused many to question the statute's value. By holding that plaintiffs must be considered in their corrected or mitigated states, Sutton greatly narrowed the group of individuals entitled to relief under the statute. Recent Seventh Circuit holdings have illustrated Sutton's shortcomings, namely that courts will be required to consider disabled plaintiffs' corrected states even if their employers discriminate against them by not allowing them to employ their assistive devices or …

Working At Home At Your Own Risk: Employer Liability For Teleworkers Under The Occupational Safety And Health Act Of 1970, Kelli L. Dutrow

Georgia State University Law Review

No abstract provided.

Constructing International Intellectual Property Law: The Role Of National Courts, Graeme B. Dinwoodie

Chicago-Kent Law Review

No abstract provided.

Rethinking Forum Shopping In Cyberspace, Kimberly A. Moore, Francesco Parisi

Chicago-Kent Law Review

A game-theoretic analysis of forum shopping reveals how opportunities for strategic choices can influence the behavior of plaintiffs and defendants. If neither party has the opportunity to make strategic choices about participation or forum, we should expect no adverse selection or moral hazard problems. Conversely, if only one of the parties can control both the participation and forum selection choices, then we could expect pervasive adverse selection and moral hazard problems. In this Article, we build on this simple game-theoretic framework to analyze Dreyfuss and Ginsburg's Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters. We …

Child Care Centers And Children With Special Needs: Rights Under The Americans With Disabilities Act And Section 504 Of The Rehabilitation Act, Tracy Elizabeth Shipley

The Journal of Law and Education

No abstract provided.

Supreme Court Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White

Michigan Telecommunications & Technology Law Review

Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …

Computer Searches And Seizures: Some Unresolved Issues, Susan W. Brenner, Barbara A. Frederiksen

Michigan Telecommunications & Technology Law Review

The goal of this article is to illustrate the issues that arise in the context of computer search and seizures by examining several areas in which the application of Fourth Amendment concepts to computer searches and/or seizures can be problematic. In order to illustrate this point, the article will build on a hypothetical. The hypothetical situation assumes law enforcement officers have lawfully obtained a warrant to search for and seize evidence concerning the commission of one or more crimes. It will also be assumed that computer technology played some role in the commission of these crimes, so computer equipment and …

Corporate Cybersmear: Employers File John Doe Defamation Lawsuits Seeking The Identity Of Anonymous Employee Internet Posters, Margo E. K. Reder, Christine Neylon O'Brien

Michigan Telecommunications & Technology Law Review

Communications systems are now wide open and fully accessible, with no limits in range, scope or geography. Targeted audiences are accessible with pinpoint accuracy. Messages reach millions of readers with one click. There is a chat room for everyone. Most importantly, there is no limit on content. Therefore, employees can register their dissatisfaction by posting a message in a chat room. Moreover, the identity of the posting employee is not easily discoverable due to anonymous and pseudonymous communications capabilities. The nature of these online messages is qualitatively different from real-world communications. By way of example, newspapers have a responsibility regarding …

Marking Carnivore's Territory: Rethinking Pen Registers On The Internet, Anthony E. Orr

Michigan Telecommunications & Technology Law Review

"Carnivore" entered the online world's collective consciousness in June 2000 when the Federal Bureau of Investigation unveiled the Internet surveillance software program to telecommunications industry specialists. The FBI claims the program allows agents to scan the traffic of an Internet Service Provider (ISP) for messages or commands to or from a criminal suspect and then intercept only those messages, capturing copies of e-mails, web site downloads and other file transfers[...] A central issue in the controversy surrounding Carnivore is whether current law permits the FBI to employ the program in the Internet context. Bureau officials claim statutory authority for deployments …

A Coming Of Age?: Why Revised Eeoc Guidelines May Force Firms To Protect Against Partner Age Discrimination Suits, David A. Rappaport

Washington and Lee Law Review

No abstract provided.

The Saga Of Gracie Terrace, Thomas R. Newman, Maro A. Goldstone

Nevada Law Journal

No abstract provided.

Financial Markets : Institutions And Regulations, R Vaidyanathan

IIMB Management Review

No abstract provided.

Eliminating The Totality Of The Circumstances Test For The Public Use Bar Under Section 102(B) Of The Patent Act, Margaret L. Begalle

Chicago-Kent Law Review

Historically, courts have applied a totality of the circumstances test to determine whether a public use or sale of an invention had taken place that would bar patentability under Section 102(b) of the Patent Act. The totality of the circumstances test is burdened by ambiguity and vagueness, which in turn leaves inventors with uncertainty as to which activities trigger the 102(b) bars. In 1998, however, the Supreme Court in Pfaff v. Wells Electronics, Inc., replaced the totality of the circumstances test as applied to the on-sale bar with a clearer, two-part test. In determining whether the on-sale bar applies, …

Race, Class, And Suburbia: The Modern Black Suburb As A 'Race-Making Situation', Mary Jo Wiggins

University of Michigan Journal of Law Reform

In her Article, Professor Wiggins discusses the complex social phenomenon of "Black suburbanization, " focusing on the commercial "disinvestment" in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black suburbs, Prince George's County, Maryland, and south DeKalb, Georgia. In her Article, she offers possible explanations for disinvestment, including the application of protective zoning; inefficient zoning laws and practices; prior investment decisions; demographic explanations; and independent effects .of race. Wiggins analyzes some of the resulting negative social and economic consequences, including a sense …

After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover

University of Michigan Journal of Law Reform

In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability for supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the …