Law Commons^™

Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser

Chicago-Kent Law Review

The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain …

A New Framework For Eu Administration: The Financial Regulation 2002, Paul Craig

Law and Contemporary Problems

Craig discusses the administration of the European Union budget, including direct and shared management, and the recently enacted new Financial Regulation. Craig points to the increasing constitutionalization of Community administration.

The Collection Due Process Rights: A Misstep Or A Step In The Right Direction?, Leslie Book

Working Paper Series

This article defends one of the more controversial parts of the Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98) the collection due process (CDP) provisions. CDP gives taxpayers the right to independent administrative and judicial review of IRS decisions to use its awesome administrative collection powers, powers that have long made the IRS a feared creditor.

Prior to CDP’s enactment, the IRS had the power to collect taxes from taxpayers without judicial review of administrative collection determinations. This power, atypical for creditors which often must get judicial approval for summary collection action, led many observers to …

European Principles Governing National Administrative Proceedings, Claudio Franchini

Law and Contemporary Problems

It is critical that the process of developing general principles of Community administrative law continue, notwithstanding the marked diversity of supranational administrative proceedings. Because Community law has traditionally been focused on activities relevant to the common market, an asymmetry between the regulation of market-related administrative proceedings and other types of administrative proceedings has developed.

Editorial Board - Vol. 14, No. 1 2004

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 14, No. 2 2004

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Human Rights And Copyright: The Introduction Of Natural Law Considerations Into American Copyright Law , Orit Fischman Afori

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Take Me Out To The Synagogue, Michael A. Mogill

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Calling The Internet Bluff: The Interplay Between Advertising And Internet Gambling, Lauren Hannon

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Www.Whatsina.Name, Anthony M. Verna Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Glass Ceiling Employment And Racial Discrimination In Hiring For The Head Coaching Position In The National Football League, Erin Scanga

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

A Matter Of Perspective, Penny J. White

First Amendment Law Review

No abstract provided.

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.

When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll

First Amendment Law Review

No abstract provided.

Regulatory Taxings, Eduardo Peñalver

Articles

The tension between the Supreme Court's expansive reading of the Takings Clause and the state's virtually limitless power to tax has been repeatedly noted, but has received little systematic exploration. Although some scholars, most notably Richard Epstein, have used the tension between takings law and taxes to argue against the legitimacy of taxation as it is presently practiced, such an approach has failed to gain a significant following. Instead, the broad legal consensus is that legislatures effectively have unlimited authority to impose tax burdens. Nevertheless, this Article demonstrates that every attempt to formulate a "Reconciling Theory," a theory that would …

Criminal Law, Laura D. Hogue, Franklin J. Hogue

Mercer Law Review

In this year's survey of criminal law in Georgia, we selected only cases in which a new rule of law was announced, a case of first impression was presented, a case with unusual or interesting facts was presented, or the case, while saying nothing new, set forth well-established law about topics that we could all use a reminder of from time to time.

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas

William & Mary Bill of Rights Journal

No abstract provided.

Suppressing The Incriminating Statements Of Foreigners, John Quigley

William & Mary Bill of Rights Journal

No abstract provided.

The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore

William & Mary Bill of Rights Journal

No abstract provided.

A Law Student In The Supreme Court: United States V. Drayton And The Future Of Consent Search Analysis, Dennis J. Callahan

William & Mary Bill of Rights Journal

No abstract provided.

Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren

William & Mary Bill of Rights Journal

No abstract provided.

The Extraordinary Execution Of Billy Vickers, The Banality Of Death, And The Demise Of Post-Conviction Review, David R. Dow, Jim Marcus, Morris Moon, Jared Tyler, Greg Wiercioch

William & Mary Bill of Rights Journal

No abstract provided.

Righteous Shooting, Unreasonable Seizure? The Relevance Of An Officer's Pre-Seizure Conduct In An Excessive Force Claim, Aaron Kimber

William & Mary Bill of Rights Journal

No abstract provided.

Not So Landmark After All? Lawrence V. Texas: Classical Liberalism And Due Process Jurisprudence, Davin J. Hall

William & Mary Bill of Rights Journal

No abstract provided.

Table Of Contents - Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.