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2003

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Articles 1 - 30 of 4428

Full-Text Articles in Law

Vol. 8 #1 Dec 2003

Vol. 8 #1

The Advocate

No abstract provided.


The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang Dec 2003

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang

Duke Law & Technology Review

The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."


Piracy Deserves No Privacy, Frank Chao Dec 2003

Piracy Deserves No Privacy, Frank Chao

Duke Law & Technology Review

The Recording Industry Association of America ("RIAA"), the music industry's trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe the digital oceans for copyright and involves identifying and bringing claims against infringing individuals who download, swap, and/or post copyrighted music illegally via the Internet. The RIAA cares not who the infringers are or whether the infringers know the illegality of their actions. Nor does the music industry concern itself with the inevitable storm of backlash bound to fall upon them for suing …


Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander Dec 2003

Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander

Duke Law & Technology Review

Courts view "data structures," the mechanism by which computers store data in meaningful relationships, differently than do computer scientists. While computer scientists recognize that data structures have aspects that are both physical (how they are stored in memory) and logical (the relationships among the stored information), the Federal Circuit, in its attempts to set clear standards of the scope of patentability of data structures, has not fully appreciated their dualistic nature. This i-brief explains what data structures are, explores how courts have wrestled with setting a limiting principle to determine their patentability, and discusses the resultant impact on claim drafting.


U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen Dec 2003

U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen

Duke Law & Technology Review

With the ever-increasing international flavor of business comes an important question for United States patent holders and foreign manufacturers alike: Can a company be held liable for patent infringement in the United States for selling an infringing product abroad that is later imported into the United States?


Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin Dec 2003

Voter Knowledge And Constitutional Change: Assessing The New Deal Experience, Ilya Somin

William & Mary Law Review

No abstract provided.


Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer Dec 2003

Retaining Judicial Authority: A Preliminary Inquiry On The Dominion Of Judges, Larry Catá Backer

William & Mary Bill of Rights Journal

Why do the people and institutions of democratic states, and in particular those of the United States, obey judges ? This article examines the foundations of judicial authority in the United States. This authority is grounded on principles of dominance derived from the organization of institutional religion. The judge in Western states asserts authority on the same basis as the priest - but not the priest as conventionally understood. Rather, the authority of the judge in modern Western democratic states is better understood when viewed through the analytical lens of priestly function developed in the philosophy of Friedrich Nietzsche. Focusing …


United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack Dec 2003

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.


Contents, First Amendment Law Review Dec 2003

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.


Why A State Exclusion Of Religious Schools From School Choice Programs Is Unconstitutional, Thomas C. Berg Dec 2003

Why A State Exclusion Of Religious Schools From School Choice Programs Is Unconstitutional, Thomas C. Berg

First Amendment Law Review

No abstract provided.


The Theology Of The Blaine Amendments, Richard W. Garnett Dec 2003

The Theology Of The Blaine Amendments, Richard W. Garnett

First Amendment Law Review

No abstract provided.


The Blaine Debate: Must States Fund Religious Schools, Laura S. Underkuffler Dec 2003

The Blaine Debate: Must States Fund Religious Schools, Laura S. Underkuffler

First Amendment Law Review

No abstract provided.


Blaming Blaine: Understanding The Blaine Amendment And The No-Funding Principle, Steven K. Green Dec 2003

Blaming Blaine: Understanding The Blaine Amendment And The No-Funding Principle, Steven K. Green

First Amendment Law Review

No abstract provided.


Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern Dec 2003

Blaine Amendments, Anti-Catholicism And Catholic Dogma, Marc D. Stern

First Amendment Law Review

No abstract provided.


Reconstructing The Blaine Amendments, Frederick Mark Gedicks Dec 2003

Reconstructing The Blaine Amendments, Frederick Mark Gedicks

First Amendment Law Review

No abstract provided.


The Political Economy Of International Antitrust Harmonization, John O. Mcginnis Dec 2003

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Editor's Note, Carl W. Butler Dec 2003

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.


Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar Dec 2003

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …


Telric Vs. Universal Service: A Takings Violation?, Stuart Buck Dec 2003

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …


Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams Dec 2003

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …


Masthead Vol.56 No.1 (2003) Dec 2003

Masthead Vol.56 No.1 (2003)

Federal Communications Law Journal

No abstract provided.


The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski Dec 2003

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …


Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett Dec 2003

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …


The Alaska Misconduct Involving Weapons Statutes: A History And Analysis, John D. Fred Dec 2003

The Alaska Misconduct Involving Weapons Statutes: A History And Analysis, John D. Fred

Alaska Law Review

No abstract provided.


Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower Dec 2003

Alaska’S Dna Database: The Statute, Its Problems, And Proposed Solutions, Marika R. Athens, Alyssa A. Rower

Alaska Law Review

No abstract provided.


Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk Dec 2003

Tiny Glimmer Of Hope For Student Athletes Affected By Suspicionless Drug Testing Policies Rests In The States, Ingrid E. Melnichuk

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Should The International Olympic Committee Be Policing Motherhood? Constitutional Implications Of Regulating Pregnancy And The Abortion-Doping Scheme Under Domestic Law, Lisa Jarvis Dec 2003

Should The International Olympic Committee Be Policing Motherhood? Constitutional Implications Of Regulating Pregnancy And The Abortion-Doping Scheme Under Domestic Law, Lisa Jarvis

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner Dec 2003

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …


Harm, History, And Counterfactuals, Stephen Perry Dec 2003

Harm, History, And Counterfactuals, Stephen Perry

San Diego Law Review

In this Article I undertake a very preliminary inquiry into some aspects of the concept of harm. My excuse for doing so in a symposium on compensation is that, in private law and particularly in tort law, an award of damages is often intended to compensate for harm; if we do not know something about the nature of harm, we cannot fully understand the nature of at least this type of compensation.


Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin Dec 2003

Dramatic Decreases In Clarity: Using The Penn Central Analysis To Solve The Tahoe-Sierra Controversy, Dana Larkin

San Diego Law Review

This Comment discusses the issues and confusion regarding regulatory takings and the proper test for establishing a regulatory taking. The author starts by discussing the traditional ad hoc factors used to determine whether a taking had occurred. The author then discusses how these factors formed the basis of the three-factor test used in Penn Central Transportation Co. v. New York City. Next, the author explains the controversial area of temporary development moratoria and how this issue has been dealt with in the Lake Tahoe Basin of California . He suggests that the plaintiff's in Tahoe-Sierra Preservation Council, Inc. v. Tahoe …