Law Commons^™

Intellectual Property, Laurence P. Colton, Nigamnarayan Acharya

Mercer Law Review

This Article surveys case law developments in the area of intellectual property, including patents, copyrights, and trademarks, relevant to Georgia during the period from January 1, 2003 to December 31, 2003. The authors have not attempted to include all cases that touch upon intellectual property, but instead they have selected some decisions that are of more significance or interest or that indicate a particular direction the areas of law may take.

Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas are patent, trademark, copyright, and trade secret. Patent and copyright law are provided for …

Defining Misappropriation: The Spousal Duty Of Loyalty And The Expectation Of Benefit, M. Anne Kaufold

Mercer Law Review

In a case of first impression, SEC v. Yun, the United States Court of Appeals for the Eleventh Circuit settled two disputed aspects of insider-trading liability. First, a duty of loyalty and confidentiality between spouses may be shown if the spouses have a history or practice of sharing and maintaining business confidences or, if in disclosing the confidential information, the spouse breaches an agreement to maintain the other spouse's business confidences. Second, in a misappropriation theory of insider-trading liability action, the Securities and Exchange Commission ("SEC") must prove that the misappropriator expected to benefit from the tip. The decision …

Death With Dignity In Montana, James E. Dallner, D. Scott Manning

Montana Law Review

Death with Dignity in Montana

State V. Robinson: Free Speech, Or Itchin' For A Fight?, Thomas W. Korver

Montana Law Review

State v. Robinson

Speech And Strife, Robert L. Tsai

Law and Contemporary Problems

Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.

Functional Departmentalism And Nonjudicial Interpretation: Who Determines Constitutional Meaning?, Dawn E. Johnsen

Law and Contemporary Problems

Johnsen examines the roles of nonjudicial entities--especially the Congress and the president--in the development of constitutional meaning. Although the other two branches are fearful of challenging judiciary supremacy, functional departmentalism may offer a certain degree of autonomy from the Court.

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 …

Viva Helms-Burton?: An Alternative To Continued U.S. Sanctions Of Cuba And Threats To Third-Party Nationals, David O. Irving

Connecticut Journal of International Law

Saturday, February 24, 19962 marks what some consider an ill-fated day in United States-Cuban relations. At about 3:15 that afternoon, 3 Cuba shot down two U.S. civilian airplanes,4 providing the impetus for President Clinton to sign the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act,5 more commonly known as the Helms-Burton Act 6 ("Helms-Burton"), into law. Helms-Burton purports to further tighten sanctions in order to "catalyze the democratization of Cuba."' Clinton signed the bill on March 12, 1996,8 with implementation scheduled for later that year. Titles I, II, and IV 9 of Helms-Burton were put into effect as scheduled; Title III, …

Liability For Life, Carl E. Schneider

Articles

Marshall Klavan headed the Obstetrics and Gynecology Department of the Crozer-Chester Medical Center. He deeply feared strokes, perhaps because his father had been savaged by one. In 1993, Dr. Klavan wrote an advance directive which said that (as a court later put it) "he 'absolutely did not want any extraordinary care measures utilized by health care providers.'" On April29, 1997, Dr. Klavan tried to kill himsel£ He left suicide notes and a note refusing resuscitation. The next morning, medical center employees found him unconscious and took him to the emergency room, where he was resuscitated. By May 2, Dr. Klavan …

A Moderate Defense Of Hate Speech Regulations On University Campuses, W. Bradley Wendel

Cornell Law Faculty Publications

The regulation of hate speech on public and private university campuses is a fiercely contested and divisive issue. Professor Bradley Wendel defends the middle ground in this debate. This Essay argues that concerns about abuses of power by those in positions of authority are unfounded when an institution possesses greater expertise in a domain than the citizens who are affected by the institution’s decision, provided that the institution is acting on the basis of reasons that are shared by the affected individual.

Enriching The Contracts Course, Robert A. Hillman

Cornell Law Faculty Publications

No abstract provided.

After Bureaucracy, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

Declare Victory And Go Home: The Practical Ramifications Of The Seventh Circuit's Interpretation Of Missouri V. Jenkins In School Desegregation Cases, Michael Mahoney, Scott R. Paccagnini

Northern Illinois University Law Review

The landscape of school desegregation cases has changed. While all indications from the Seventh Circuit seem to point to an end to school desegregation, such a presumption is unrealistic. Rather, from a practical standpoint, what should be taken from the Seventh Circuit's interpretation of Jenkins is not that school desegregation cases are a thing of the past but that the manner in which they are approached has changed. This article suggests that practically speaking, a date for compliance with desegregation orders should be set at the remedial stage of the litigation before another court arbitrarily imposes one.

Criminal Procedure, Charles E. Cox Jr.

Mercer Law Review

Each year the United States Court of Appeals for the Eleventh Circuit issues numerous decisions concerning the protections provided to criminal defendants by the United States Constitution. This Article surveys decisions issued in 2003 that are likely to be of interest to criminal law practitioners.

Supreme Court Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.

Using The Law Library: A Guide For Educators - Part Ii: Deciphering Citations & (And) Other Ways Of Locating Court Opinions, William A. Hilyerd

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Remembering John Hart Ely: An Exceptional Colleague, Dennis O. Lynch

University of Miami Law Review

No abstract provided.

Thinking Outside The Box: Considering Transparency, Anonymity, And Pseudonymity As Overall Solutions To The Problems Of Information Privacy In The Internet Society, Tal Z. Zarsky

University of Miami Law Review

No abstract provided.

United States Accounting Standards - Rules Or Principles? The Devil Is Not In The Details, Matthew A. Melone

University of Miami Law Review

No abstract provided.

Interpersonal Dynamics: Helping Lawyers Learn The Skills, And The Importance, Of Human Relationships In The Practice Of Law, Joshua D. Rosenberg

University of Miami Law Review

No abstract provided.

Secret Police And The Mysterious Case Of The Missing Tort Claims, Marc L. Miller, Ronald F. Wright

Buffalo Law Review

No abstract provided.

Reconstructing The Plain Language Rule Of Statutory Construction: How And Why, Maxine D. Goodman

Montana Law Review

Reconstructing the Plain Language Rule of Statutory Construction

Masthead, Cardozo Journal Of International And Comparative Law, Vol. 12 (2004)

Cardozo Journal of International and Comparative Law

No abstract provided.

The Right To A Fair Trial: Balancing Safety And Civil Liberties, Ana D. Bostan

Cardozo Journal of International and Comparative Law

The article argues that the right to a fair trial, as enshrined in the International Covenant on Civil and Political Rights (ICCPR), is non-derogable even in emergency situations, and that post-9/11 measures such as the U.S. military commissions and the U.K.'s anti-terrorism laws violate these standards. It contends that the existing ICCPR framework is sufficient to address terrorism while preserving human rights and that derogation from fair trial guarantees undermines the rule of law and international cooperation.

Reinventing Unchanged Andean Traditions, Terence N. D'Altroy

Cardozo Journal of International and Comparative Law

The article argues that Andean traditions and cultural property are not static but have been continually reinvented and adapted over time, challenging the common misconception that these elements have remained unchanged since pre-Columbian times. The author emphasizes the importance of understanding the dynamic and evolving nature of traditional knowledge and its relationship to power, history, and cultural identity in the Andean region. This understanding is crucial for addressing contemporary issues of cultural property and traditional knowledge in a region increasingly influenced by Westernization.

Recent Developments In European Takeover And Corporate Law, Andrea Guaccero

Cardozo Journal of International and Comparative Law

The article examines recent developments in European corporate law, focusing on the harmonization of takeover laws and broader corporate governance reforms. It highlights the challenges and opportunities arising from the integration of national legal systems within the European Union, emphasizing the balance between uniformity and national sovereignty. The analysis draws parallels with U.S. corporate law and explores the role of directives, regulations, and court rulings in shaping a cohesive European legal framework.

The Free Movement Of Goods Within An Ec-Wide Market: Still A Work In Progress, Franz Leidenmühler

Cardozo Journal of International and Comparative Law

Right now, somewhere on the territory of a Member State of the European Community, a lorry carrying strawberries from another EC country is attacked by a group of masked men, who force the conductor off the road and render tons of strawberries unusable. Is it an ordinary criminal act to be treated within national criminal law or an invocation of the free movement of goods guaranteed by EC law? Not long ago, the European Court of Justice (ECJ) ruled in a landmark judgment that the free movement of goods requires the Member States to act against such private conduct that …

China's Protection Of Famous And Well-Known Marks: The Impact Of China's Latest Trademark Law Reform On Infringement And Remedies, Alisa Cahan

Cardozo Journal of International and Comparative Law

The note examines China's efforts to enhance the protection of famous and well-known trademarks, particularly in light of its accession to the World Trade Organization (WTO) and its obligations under the TRIPs Agreement. It highlights the challenges China faces in aligning its trademark laws with international standards, including inconsistent enforcement, cultural attitudes toward intellectual property, and the impact of regional protectionism. Despite legislative reforms, such as the 2002 amendments to the Trademark Law and the Implementing Regulations, enforcement remains uneven, affecting both domestic and foreign trademark owners.