Law Commons^™

Database Legislation: Changing Technologies Require Revised Laws, Corey W. Roush

University of Dayton Law Review

Symposium: The Constitutionality of Protecting Factual Compilations

Origins And Meanings Of The Public Domain, Tyler T. Ochoa

University of Dayton Law Review

This article surveys the history and development of the public domain in intellectual property law. The public domain has existed since time immemorial, and was first recognized in the Statute of Monopolies and the Statute of Anne, which placed time limits on patents and copyrights, after which the invention or work could be copied freely by anyone. The concept was enshrined in the U.S. Constitution and reflected in American patent and copyright laws. Before 1896, courts referred to matter not protected by patent or copyright law as "public property" or "common property. " In 1896, the U.S. Supreme Court imported …

How Extra-Copyright Protection Of Databases Can Be Constitutional, Justin Hughes

University of Dayton Law Review

Symposium: The Constitutionality of Protecting Factual Compilations

Database Protection And The First Amendment, James Weinstein

University of Dayton Law Review

Symposium: The Constitutionality of Protecting Factual Compilations

The University Of Michigan Law School Bulletin 2002-2004, University Of Michigan Law School

Law School Announcement and Bulletins

Contents; A Letter from the Dean; The Idea of Michigan; Faculty and Facilities; The Law Curriculum; Career Services and Public Service; The J.D. Program: Admissions; The J.D. Program: Financial Aid; The J.D. Program: Graduation, Honors, and Prizes; Graduate Law Study; The Law School Community; Living in Ann Arbor; Officers and Faculty; Law School Calendar 2001-2003; Index; A Letter from the President.

Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley

Michigan Telecommunications & Technology Law Review

An inventor's obligation to disclose the best mode of her invention is strong consideration in the U.S. patent bargain, but the courts paradoxically define the scope of that obligation, thus rendering the enforcement of U.S. patents unreasonably unpredictable. If an inventor cannot reasonably foresee the scope of her obligation to disclose invention details, then she is subjected to the costs and risks of either overcompliance or undercompliance with the best mode requirement. The scope of the best mode requirement should either be reliably defined by an en banc ruling of the Court of Appeals for the Federal Circuit, or the …

Mid-Atlantic Ethics Committee Newsletter, Fall 2002

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Nova Law Revew-Volume 27-2002-2003, Manu Leila Davidson, Ellyn Setnor Bogdanoff, David Harris Halpern, Monica L. Elliott, Jennifer E. Drown, Joseph Pickles, Jennifer Rimel-Braverman, Christopher Staller, Michael Shafir, Lindsay E. Raphael

Law Review Mastheads

No abstract provided.

"Greening" The Constitution - Harmonizing Environmental And Constitutional Values, Robert V. Percival

Faculty Scholarship

No abstract provided.

Campaign Finance Disclosure And Section 527 Of The Code: A Look At The District Court's Opinion In National Federation Of Republican Assemblies, Donald B. Tobin

Faculty Scholarship

This report examines the decision of the U.S. District Court for the Southern District of Alabama in National Federation of Republican Assemblies v. United States, which dealt with section 527 political organizations.

Volume 26, Issue 2 (Fall 2002)

Transcript

No abstract provided.

Irish Law 2002: An Insider's Guide To Notre Dame Law School, Notre Dame Law School

About the Law School

To the Notre Dame Law School Class of 2005: Welcome to Notre Dame Law School! We are pleased to be among the first students to welcome you to our community. If you are anything like we were just a few years ago, you probably have plenty of questions about law school, Notre Dame and South Bend. We hope that this guide will give you answers to many of your questions and gives a window into what life at Notre Dame is like. This is an insider's guide because it was written entirely by students. A group of about fifteen of …

A Skeptical Answer To Edmundson's Contextualism: What We Know We Lawyers Know, Rob Atkinson

Scholarly Publications

No abstract provided.

Vol. 19, No. 4, Michael A. Loizzi Jr., Penny Upton, John L. Di John Jr.

The Illinois Public Employee Relations Report

Contents:

Bargaining Implications of the No Child Left Behind Act, by Michael A. Loizzi, Jr., Penny Upton and John L. Di John, Jr.

Recent Developments,

Further References, compiled by Margaret A. Chaplan

At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron

Faculty Articles and Other Publications

First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.

Valpo Lawyer: Fall 2002, Valparaiso University School Of Law

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.

Traffix Devices, Inc. V. Marketing Desplays, Inc.: The Problem With Trade Dress Protection For Expired Utility Patents, Keeley Canning Luhnow

Buffalo Intellectual Property Law Journal

No abstract provided.

The Criminalization Of Bootlegging: Unnecessary And Unwise, Lee H. Rousso

Buffalo Intellectual Property Law Journal

In 1994 the United States extended copyright-like protection to live musical performances by adopting 17 U.S. C. §1101, which authorizes civil remedies that are the same as those for copyright infringement, and 18 U.S.C. §2319A, which subjects violators to fines and prison terms. These new statutes, referred to jointly as the "anti-bootlegging statute," led to raids of record stores and "sting" operations aimed at persons involved in the manufacture and distribution of live concert recordings. This Comment argues that the benefit to society of having these live recordings in circulation outweighs the minimal economic damage incurred by the music industry. …

Cybersquatting In Thailand: The Thai Trademark Act And The Uniform Domain Name Dispute Resolution Policy, Areeya Ratanayu

Buffalo Intellectual Property Law Journal

No abstract provided.

Belling The Cat, Virtually: Review Of Stuart Biegel's Beyond Our Control?, Shubha Ghosh

Buffalo Intellectual Property Law Journal

No abstract provided.

Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith

Michigan Telecommunications & Technology Law Review

Scholars, practitioners, and even popular media spilled much ink over business method patents in the late 1990s, eager to discuss the shift in jurisprudence that enabled patent holders to enforce business method patents for the first time. Since that initial period of excitement--during which businesses filed record numbers of applications for business method patents, and numerous articles tracing the doctrinal shift were published--commentators have written little on the topic. Various patent holders, however, have since litigated business method patent claims. During these first few years after judicial endorsement of business method patents, such litigation has focused on the scope of …

Santa Clara Magazine, Volume 44 Number 2, Fall 2002, Santa Clara University

Santa Clara Magazine

6 - INSTITUTE ON GLOBALIZATION By SCM Staff. For the academic year 2002-03, SCU will focus on globalization and how it is shaping our world.

12 - TOUGH TALK By Dale Larson. End-of-life conversations can help us cope with the loss· of a loved one.

16 - BUILDING CHARACTER By Miriam Schulman . Alumni are helping troubled kids make better choices using a program developed by SCU's Markkula Center for Applied Ethics.

Reflexive Law As A Legal Paradigm For Sustainable Development, Sanford E. Gaines

Buffalo Environmental Law Journal

No abstract provided.

Sustainable Development And Air Quality: The Need To Replace Basic Technologies With Cleaner Alternatives, David M. Driesen

Buffalo Environmental Law Journal

No abstract provided.

Visions Of History In The Hope For Sustainable Development, David A. Westbrook

Buffalo Environmental Law Journal

No abstract provided.

Toward A National Sustainable Development Strategy, John C. Dernbach

Buffalo Environmental Law Journal

No abstract provided.

Environmental Management Systems And Public Authority In Canada: Rethinking Environmental Governance, Stepan Wood

Buffalo Environmental Law Journal

No abstract provided.

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Law Faculty Scholarly Articles

The Supreme Court's recent decision in Zelman v. Simmons-Harris appears to clear the way for a wide variety of educational and charitable choice plans. In this decision, the Court upheld against Establishment Cause Challenge a formally neutral school choice program that encompassed a wide variety of options in the public and private sector, including private sectarian schools. The Court reasoned that, when the government makes aid available to a broad class of recipients without regard to their religious or non-religious affiliation, and when the recipients have a genuine choice as to whether to obtain that aid from a religious or …

Only The News That's Fit To Print: The Effect Of Hazelwood On The First Amendment Viewpoint-Neutrality Requirement In Public School-Sponsored Forums, Janna J. Annest

Washington Law Review

In Hazelwood School District v. Kuhimeier, the U.S. Supreme Court held that public school administrators can restrict expression in school-sponsored forums in a manner reasonably related to legitimate pedagogical concerns. Regulating First Amendment rights in any public forum usually requires that no point of view be suppressed in favor of its counterpoint, but the Hazelwood Court omitted the viewpoint-neutrality requirement from its holding. While the Sixth, Ninth and Eleventh Circuits continue to require viewpoint-neutral regulation of school-sponsored speech, the First and Third Circuits interpret Hazelwood as abrogating the viewpoint-neutrality requirement in school-sponsored forums. This Comment argues in favor of …

Squeezing The Juice® Out Of The Washington Redskins®: Intellectual Property Rights In "Scandalous" And "Disparaging" Trademarks After Harjo V. Pro-Football Inc., Cameron Smith

Washington Law Review

In Harjo v. Pro-Football Inc., the Trademark Trial and Appeal Board cancelled the federally registered trademarks THE WASHINGTON REDSKINS, REDSKINS, and REDSKINETIES after finding them to be disparaging matter under section 2(a) of the Lanham Act. Pro-Football has appealed the Board's decision to the U.S. District Court for the District of Columbia. This Note argues that Harjo's adoption of the "substantial composite" standard for analyzing disparaging trademarks potentially ignores the majority of the implicated group members' viewpoints and promotes section 2(a) trademark cancellations. In addition, the liberal standing requirements for opposition and cancellation proceedings combined with Harlo's disparagement doctrine …