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The Situational Character: A Critical Realist Perspective On The Human Animal, Jon Hanson, David Yosifon Nov 2004

The Situational Character: A Critical Realist Perspective On The Human Animal, Jon Hanson, David Yosifon

Faculty Publications

This Article is dedicated to retiring the now-dominant "rational actor" model of human agency, together with its numerous "dispositionist" cohorts, and replacing them with a new conception of human agency that the authors call the "situational character." This is a key installment of a larger project recently introduced in an article titled

The Situation: An Introduction to the Situational Character, Critical Realism, Power Economics, and Deep Capture. That introductory article adumbrated, often in broad stroke, the central premises and some basic conclusions of a new approach to legal theory and policy analysis. This Article provides a more complete version of …


Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon Oct 2004

Broken Scales: Obesity And Justice In America, Adam Benforado, Jon Hanson, David Yosifon

Faculty Publications

This Article is not so much about the scales we use to measure weight, but the scales we use to infer causation and assign responsibility-including the scales of justice. Ultimately, the problem we face is not obesity itself. Obesity is only a symptom of the problem. When scientists and public health experts point to various environmental agents-whether larger portion sizes, corn subsidies, video games, or urban sprawl-they, too, overlook the deeper source of our troubles. Our real problem is that we have an extremely difficult time seeing and understanding the role of unseen features in our environment and within us …


Vol. Ix, Tab 41 - Ex. I - Hagan Deposition From Geico (Google Managing Counsel - Trademarks), Rose Hagan Sep 2004

Vol. Ix, Tab 41 - Ex. I - Hagan Deposition From Geico (Google Managing Counsel - Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), Rose Hagan Sep 2004

Vol. Ix, Tab 46 - Ex. 58 - Deposition Of Rose Hagan From Geico V. Google (Google Managing Counsel Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Politics Of Embryonic Discourse, Kevin Quinn Jul 2004

Politics Of Embryonic Discourse, Kevin Quinn

Faculty Publications

In our brave new world of stem cells, clones, and parthenotes, how should we talk about early human embryos? In fashioning a response to this very thorny question, Ann Kiessling has a core message. It is: (1)that new science produces "new" conceptuses;(2) that science and scientists have failed to differentiate (with appropriate clarity) these new ex vivo conceptuses from those createdin vivo; (3) that new, more appropriate and scientifically-informed, terms are necessary; and (4) that this new language should transform the public discourse about human embryos. No one would deny that the subtleties of human embryology are neglected in public …


Vol. Viii, Tab 39 - Ex. 1 - Email From Lepe Bismarck, Lepe Bismarck Jun 2004

Vol. Viii, Tab 39 - Ex. 1 - Email From Lepe Bismarck, Lepe Bismarck

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


The Protection Of The Cultural Property In The Event Of An Armed Conflict Within The Case-Law Of The International Criminal Tribunal For The Former Yugoslavia, Theodor Meron May 2004

The Protection Of The Cultural Property In The Event Of An Armed Conflict Within The Case-Law Of The International Criminal Tribunal For The Former Yugoslavia, Theodor Meron

Protection of Cultural Property in the Event of Armed Conflict

UNESCO Symposium on the 50th Anniversary of the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict


Impact Of Stock Option Expensing On Small Businesses, Stephen F. Diamond, United States Senate, Committee On Small Business And Entrepreneurship Apr 2004

Impact Of Stock Option Expensing On Small Businesses, Stephen F. Diamond, United States Senate, Committee On Small Business And Entrepreneurship

Faculty Publications

No abstract provided.


Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google Apr 2004

Vol. Ix, Tab 41 - Ex 6 - Google Three Ad Policy Changes, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 46 - Ex. 40 - Document Tmprocess.Txt Trademark Meeting 3/4, Google Mar 2004

Vol. Ix, Tab 46 - Ex. 40 - Document Tmprocess.Txt Trademark Meeting 3/4, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Protecting Products That Go Hollywood [Mcle Self Study], Pratheepan Gulasekaram, Robert C. Welsh Mar 2004

Protecting Products That Go Hollywood [Mcle Self Study], Pratheepan Gulasekaram, Robert C. Welsh

Faculty Publications

No abstract provided.


Vol. Ix, Tab 46 - Ex. 30 - Document Google Trademark Policy Task Force, Google Feb 2004

Vol. Ix, Tab 46 - Ex. 30 - Document Google Trademark Policy Task Force, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxiii, Tab 60 - Ex. 7 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria Feb 2004

Vol. Xxiii, Tab 60 - Ex. 7 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 46 - Ex. 38 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria Feb 2004

Vol. Ix, Tab 46 - Ex. 38 - Email From Prashant Fuloria (Google Product Management Director), Prashant Fuloria

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Enterprise Rent-A-Car Company V. Advantage Rent-A-Car, Inc.: The Federal Circuit Bars Dilution Based Opposition Of A Mark Used Before An Opposing Mark Became Famous, Jefferson F. Scher, Colby B. Springer Jan 2004

Enterprise Rent-A-Car Company V. Advantage Rent-A-Car, Inc.: The Federal Circuit Bars Dilution Based Opposition Of A Mark Used Before An Opposing Mark Became Famous, Jefferson F. Scher, Colby B. Springer

Santa Clara High Technology Law Journal

No abstract provided.


Improvements For Handling Improvement Clauses In Ip Licenses : An Analytical Framework, Kenneth J. Dow, Traci Dreher Quigley Jan 2004

Improvements For Handling Improvement Clauses In Ip Licenses : An Analytical Framework, Kenneth J. Dow, Traci Dreher Quigley

Santa Clara High Technology Law Journal

No abstract provided.


Revised Article 2 And Mixed Goods/Information Transactions: Implications For Courts, Lee Kissman Jan 2004

Revised Article 2 And Mixed Goods/Information Transactions: Implications For Courts, Lee Kissman

Santa Clara Law Review

No abstract provided.


The Problem With Congress And Copyright Law: Forgetting The Past And Ignoring The Public Interest, Craig W. Dallon Jan 2004

The Problem With Congress And Copyright Law: Forgetting The Past And Ignoring The Public Interest, Craig W. Dallon

Santa Clara Law Review

No abstract provided.


Peer-To-Peer File Sharing And Copyright Infringement: Danger Ahead For Individuals Sharing Files On The Internet, Richard Swope Jan 2004

Peer-To-Peer File Sharing And Copyright Infringement: Danger Ahead For Individuals Sharing Files On The Internet, Richard Swope

Santa Clara Law Review

No abstract provided.


Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts Jan 2004

Welfare Reform And Economic Freedom: Low-Income Mothers' Decisions About Work At Home And In The Market, Dorothy E. Roberts

Santa Clara Law Review

No abstract provided.


Unemployment Insurance Meets Globalization And The Modern Workforce, Deborah Maranville Jan 2004

Unemployment Insurance Meets Globalization And The Modern Workforce, Deborah Maranville

Santa Clara Law Review

No abstract provided.


Rethinking The Role Of The Dormant Commerce Clause In State Tax Jurisdiction, Bradley W. Joondeph Jan 2004

Rethinking The Role Of The Dormant Commerce Clause In State Tax Jurisdiction, Bradley W. Joondeph

Faculty Publications

Perhaps the biggest controversy in state and local taxation today concerns the constitutional authority of the states to impose taxes on goods purchased over the Internet. Some argue that the current, bright-line rule of "physical presence" is the appropriate standard for determining a state's jurisdiction under the dormant Commerce Clause. Others contend that jurisdiction should instead be resolved on the more pragmatic basis of a firm's "economic presence" in the taxing state. Regardless, commentators seem to agree that the dormant Commerce Clause imposes jurisdictional limits on state taxation; the dispute concerns the content of those standards. This article contends that …


Self-Executing Treaties And Domestic Judicial Remedies, David Sloss Jan 2004

Self-Executing Treaties And Domestic Judicial Remedies, David Sloss

Faculty Publications

No abstract provided.


Availability Of U.S. Courts To Detainees At Guantanamo Bay Naval Base - Reach Of Habeas Corpus - Executive Power In War On Terror (Rasul V. Bush), David Sloss Jan 2004

Availability Of U.S. Courts To Detainees At Guantanamo Bay Naval Base - Reach Of Habeas Corpus - Executive Power In War On Terror (Rasul V. Bush), David Sloss

Faculty Publications

No abstract provided.


Privacy On The Open Road, Dorothy J. Glancy Jan 2004

Privacy On The Open Road, Dorothy J. Glancy

Faculty Publications

The discussion begins by describing some of the surveillance techniques and technologies that can affect the privacy of travelers along public roadways. Then the article turns to examine some of the privacy interests of people on the open road. The next part considers some of the many types of legal rights that protect the privacy of people on public roads or highways. The article concludes by addressing the principle that people on the open road have important rights to freedom from intrusions and interferences with their on-the-road activities.


Breaking Out Of The Prison Hierarchy: Transgender Prisoners, Rape, And The Eighth Amendment, Christine Peek Jan 2004

Breaking Out Of The Prison Hierarchy: Transgender Prisoners, Rape, And The Eighth Amendment, Christine Peek

Santa Clara Law Review

No abstract provided.


Judicial And Law Review Citation Frequencies For Articles Published In Different "Tiers" Of Law Journals: An Empirical Analysis, Gregory Scott Crespi Jan 2004

Judicial And Law Review Citation Frequencies For Articles Published In Different "Tiers" Of Law Journals: An Empirical Analysis, Gregory Scott Crespi

Santa Clara Law Review

No abstract provided.


There's No Place Like Home ... Until You Discover Defects: Do Prelitigation Statutes Relating To Construction Defect Cases Really Protect The Needs Of Homeowners And Developers, Melissa C. Tronquet Jan 2004

There's No Place Like Home ... Until You Discover Defects: Do Prelitigation Statutes Relating To Construction Defect Cases Really Protect The Needs Of Homeowners And Developers, Melissa C. Tronquet

Santa Clara Law Review

No abstract provided.


Closed But Not Forgotten: Government Review Of Consummated Mergers Under Section 7 Of The Clayton Act, Scott A. Sher Jan 2004

Closed But Not Forgotten: Government Review Of Consummated Mergers Under Section 7 Of The Clayton Act, Scott A. Sher

Santa Clara Law Review

No abstract provided.


Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa Jan 2004

Copyright, Derivative Works And Fixation: Is Galoob A Mirage, Or Does The Form (Gen) Of The Alleged Derivative Work Matter?, Tyler T. Ochoa

Faculty Publications

The Copyright Act gives a copyright owner the exclusive right "to prepare derivative works based on the copyrighted work." Does the Copyright Act require that a derivative work be "fixed in a tangible medium of expression" in order to be infringing? Existing case law is contradictory, stating both that a derivative work does not need to be "fixed" but that it does need to be embodied in some "concrete or permanent form." This contradiction stems from the fact that although the statutory language does not appear to require fixation, reading the statutory language literally would render illegal merely imagining a …