Law Commons^™

The Reference Brief, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Judges read briefs looking for guidance from the parties about the correct law and the proper resolution of a case. Although it would be nice to assume that all of the briefs provide this guidance, many do not. Some briefs are unclear and contain obvious format and substantive errors. Consequently, in sifting through the submissions for a case, the judges and their clerks often learn more heavily on one party's brief over another as a starting point for their analysis.

The Common Core Of European Private Law: The Project And Its Books, David J. Gerber

All Faculty Scholarship

No abstract provided.

How Employment Discrimination Plaintiffs Fare In Federal Court, Kevin M. Clermont, Stewart J. Schwab

Cornell Law Faculty Publications

This article presents the full range of information that the Administrative Office’s data convey on federal employment discrimination litigation. From that information, the authors tell three stories about (1) bringing these claims, (2) their outcome in the district court, and (3) the effect of appeal. Each of these stories is a sad one for employment discrimination plaintiffs: relatively often, the numerous plaintiffs must pursue their claims all the way through trial, which is usually a jury trial; at both pretrial and trial these plaintiffs lose disproportionately often, in all the various types of employment discrimination cases; and employment discrimination litigants …

Vol. 21, No. 3, Carl S. Tominberg, Jill P. O'Brien, Mary-Frances Ryan

The Illinois Public Employee Relations Report

Contents:

Recently Enacted Laws that Impact Public and Private Sector Workplaces, by Carl S. Tominberg, Jill P. O'Brien and Mary-Frances Ryan

Recent Developments

Further References, compiled by Margaret A. Chaplan

Mid-Atlantic Ethics Committee Newsletter, Fall 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Mid-Atlantic Ethics Committee Newsletter, Summer 2004

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Law Library Annual Report 2003-2004, Georgia State University Law Library

Law Library Annual Reports

No abstract provided.

Environmental Law At Maryland, No. 19, Summer-Fall 2004

Environmental Law at Maryland

No abstract provided.

De Facto Custodians: A Response To The Needs Of Informal Kin Caregivers?, Elizabeth Brandt

Articles

No abstract provided.

Valpo Lawyer: Summer 2004, 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.

Rethinking Punishment And Luck, Jamie Malamud Goti

Tulsa Law Review

No abstract provided.

Proportionality And The Aggessor's Culpability In Self-Defense, Mordechai Kremnitzer, Khalid Ghanayim

Tulsa Law Review

No abstract provided.

From Rethinking To Internationalizing Criminal Law, George P. Fletcher

Tulsa Law Review

No abstract provided.

Rethinking Justifications, R. A. Duff

Tulsa Law Review

No abstract provided.

Between Self-Defense And Vengence/Between Social Contract And Monopoly Of Violence, James Q. Whitman

Tulsa Law Review

No abstract provided.

Unknowingly Justified Actors And The Attempt/Sucess Distinction, Larry Alexander

Tulsa Law Review

No abstract provided.

Foreword, Jonathan M. D'Silva

Buffalo Intellectual Property Law Journal

No abstract provided.

Patent Rights On Pharmaceutical Products And Affordable Drugs: Can Trips Provide A Solution?, Amit Gupta

Buffalo Intellectual Property Law Journal

No abstract provided.

Intellectual Property Rights In China: Technology Transfers And Economic Development, Mikhaelle Schiappacasse

Buffalo Intellectual Property Law Journal

No abstract provided.

The Genericide Of Trademarks, John Dwight Ingram

Buffalo Intellectual Property Law Journal

No abstract provided.

A Cultural And Historical Perspective To Trademark Law Enforcement In China, Charles L. Miller Ii

Buffalo Intellectual Property Law Journal

No abstract provided.

Proposals For Community Discussion : A Quality Future For Recreational Fishing In The Pilbara/Kimberley : A Five-Year Draft Strategy For Managing The Recreational Component Of The Catch, Pilbara/Kimberley Recreational Fishing Working Group.

Fisheries Management Papers

With a growing population and advances in technology, fishing pressure will continue to grow and anglers will become more efficient at targeting fish - particularly offshore demersal species, such as tropical snappers and emperors. There is also a clear need for recreational fisheries management to complement the existing management arrangements for the charter industry, and provide the necessary framework for recreational fishing to be incorporated into an integrated management framework with other fishing sectors.

Scope Of Protection: Comparison Of German And English Courts' Case Law, Sasa Bavec

Marquette Intellectual Property Law Review

This article examines the scope of patent protection granted in Germany and the United Kingdom (UK). The author aims to review the legal framework, practice, and case law on the issue of the interpretation of patent scope in Germany and the UK. The author also discusses the legal principles applied by courts in Germany and the UK in different patent cases and examines the differences in the application of patent application. The author concludes that the only significant difference between Germany and the UK that can be identified is the inability of German courts to decide on the validity of …

The Trademark Jurisprudence Of The Rehnquist Court, Graeme B. Dinwoodie

Marquette Intellectual Property Law Review

Professor Dinwoodie discusses the Rehnquist Supreme Court and its current approach to addressing trademark jurisprudence. Professor Dinwoodie concludes that although the Court has not employed a consistent methodological approach to resolving trademark problems, the opinions do suggest that there are certain values that dictate the outcomes in trademark cases before the Rehnquist Court.

Trips, Patents, And Access To Life-Saving Drugs In The Developing World, Bryan C. Mercurio

Marquette Intellectual Property Law Review

This article critically analyzes the agreement implementing Paragraph 6 of the Doha Declaration. The author briefly details the trend of linking intellectual property rights to international trade before summarizing the pertinent provisions of the TRIPs Agreement. The author then introduces the controversy surrounding access to medicines by first detailing the global events that brought the issue to the fore and then by evaluating the accomplishments and unanswered questions of the Doha Declaration. The author also discusses the agreement implementing the Paragraph 6 Mandate, critically analyzes its provisions, and addresses several lingering questions and problems unaddressed by this agreement. The author …

What Are You Looking At? Eliminating Consideration Of The General Public And The Ultimate Question In A Trade Dress Initial Interest Confusion Analysis., Paul J. Krause

Marquette Intellectual Property Law Review

This comment addresses the concept of initial interest confusion in trade dress law and examines several different courts' approaches to the doctrine. Through the discussion, it becomes evident that while being careful to avoid bypassing an analysis of the likelihood of confusion factors, courts should also use the doctrine to determine confusion of potential purchasers. Failing to account for certain factors, such as the sophistication of the relevant consumer group, may allow courts to skew the likelihood of confusion factors in an initial interest confusion analysis. In sum, the author argues that courts should conduct a thorough analysis of likelihood …

Peer-To-Peer File Sharing And Technological Sabotage Tactics: No Legislation Required, Hillary M. Kowalski

Marquette Intellectual Property Law Review

This comment examines the current state of downloading of copyrighted material using peer-to-peer (P2P) technology. The author overviews the P2P technology and details tactics being used by copyright holders to protect their works on the P2P networks. The author next analyzes various legal issues surrounding the copyright-protection tactics. The author concludes by examining proposed legislation designed to benefit copyright holders and asserts that Congressional intervention enabling sabotage tactics will not solve the P2P problem because such retaliatory measures will only worsen the situation by aggravating music lovers.

Competing Visions Of The Corporation In Catholic Social Thought, Mark A. Sargent

Working Paper Series

Catholic Social Thought (CST) is coherent body of principles concerning the organization of social and economic life drawing on the inspiration of natural law, Thomism, the Gospel and the tradition of Christian personalism. While valuing the creative energy of capitalism and its contributions to the production of wealth, it is often highly critical of the inequalities generated by capitalism, its tendency to promote materialistic consumerism and capital's devaluation of the dignity of work. While not easily characterizable as "right" or "left", CST thinking about corporate social responsibility and corporate governance has become split between interpretations emphasizing the importance of economic …

The First Amendment, The Public-Private Distinction, And Nongovernmental Suppression Of Wartime Political Debate, Gregory P. Magarian

Working Paper Series

This article proposes a major expansion in the scope of First Amendment law and offers a fresh way of understanding the public-private distinction. It contends that the Supreme Court should invoke the First Amendment to enjoin nongovernmental behavior that substantially impedes public political debate during times of war and national emergency. As the article explains, the present campaign against international terrorism has seen employers, property owners, and media corporations restrict political discussion more frequently and aggressively than the government has. If political debate is the most important object of First Amendment protection – which the article contends it is – …

Religious Organizations And Free Exercise: The Surprising Lessons Of Smith, Kathleen A. Brady

Working Paper Series

Much has been written about the protections afforded by the Free Exercise Clause when government regulation impacts the religious practices of individuals, and if one looks for guidance from the Supreme Court, the rules are fairly clear. Prior to 1990, the Supreme Court had long employed a balancing approach that afforded—at least in theory—significant relief. Under this approach individuals were entitled to exemptions from laws which substantially burdened religious conduct unless enforcement was justified by a compelling state interest. In 1990, in Employment Division v. Smith, the Supreme Court abandoned this balancing test for all but a few categories of …