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2005

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Articles 9421 - 9450 of 10093

Full-Text Articles in Law

Half-Human Creatures, Plants & Indigenous Peoples: Musings On Ramifications Of Western Notions Of Intellectual Property And The Newman-Rifkin Attempt To Patent A Theoretical Half-Human Creature, Valerie J. Phillips Jan 2005

Half-Human Creatures, Plants & Indigenous Peoples: Musings On Ramifications Of Western Notions Of Intellectual Property And The Newman-Rifkin Attempt To Patent A Theoretical Half-Human Creature, Valerie J. Phillips

Santa Clara High Technology Law Journal

No abstract provided.

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Publicity Dilution: A Proposal For Protecting Publicity Rights, Sarah M. Konsky Jan 2005

Publicity Dilution: A Proposal For Protecting Publicity Rights, Sarah M. Konsky

Santa Clara High Technology Law Journal

No abstract provided.

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Discussion Of The Mechanics Of The Dmca Safe Harbors And Subpoena Power, As Applied In Riaa V. Verizon Internet Services, Trevor A. Dutcher Jan 2005

Discussion Of The Mechanics Of The Dmca Safe Harbors And Subpoena Power, As Applied In Riaa V. Verizon Internet Services, Trevor A. Dutcher

Santa Clara High Technology Law Journal

No abstract provided.

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Taking The Case: Is The Gpl Enforceable?, Jason B. Wacha Jan 2005

Taking The Case: Is The Gpl Enforceable?, Jason B. Wacha

Santa Clara High Technology Law Journal

No abstract provided.

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Intent: The Road Not Taken In The Ninth Circuit's Post-Napster Analysis Of Contributory Copyright Infringement, Karen M. Kramer Jan 2005

Intent: The Road Not Taken In The Ninth Circuit's Post-Napster Analysis Of Contributory Copyright Infringement, Karen M. Kramer

Santa Clara High Technology Law Journal

No abstract provided.

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Wi-Fi Liability: Potential Legal Risks In Accessing And Operating Wireless Internet, Robert V. Ii Hale Jan 2005

Wi-Fi Liability: Potential Legal Risks In Accessing And Operating Wireless Internet, Robert V. Ii Hale

Santa Clara High Technology Law Journal

No abstract provided.

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Altering The Contours Of Copyright - The Dmca And The Unanswered Questions Of Paramount Pictures Corp. V. 321 Studios, Arnold P. Lutzker, Susan J. Lutzker Jan 2005

Altering The Contours Of Copyright - The Dmca And The Unanswered Questions Of Paramount Pictures Corp. V. 321 Studios, Arnold P. Lutzker, Susan J. Lutzker

Santa Clara High Technology Law Journal

No abstract provided.

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Nissan Motor Co. V. Nissan Computer Corp.: The Point At Which Fame Is Determined Under The Federal Trademark Dilution Act, Bruce C. Piontkowski, Matthew S. Kenefick Jan 2005

Nissan Motor Co. V. Nissan Computer Corp.: The Point At Which Fame Is Determined Under The Federal Trademark Dilution Act, Bruce C. Piontkowski, Matthew S. Kenefick

Santa Clara High Technology Law Journal

No abstract provided.

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The Nonobviousness Requirement For Biotechnological Inventions - Resolving Uncertainty In Favor Of Innovation, Song Huang Jan 2005

The Nonobviousness Requirement For Biotechnological Inventions - Resolving Uncertainty In Favor Of Innovation, Song Huang

Santa Clara High Technology Law Journal

No abstract provided.

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Virtual Speech: At The Constitutional Crossroads, Wendy Freedman Jan 2005

Virtual Speech: At The Constitutional Crossroads, Wendy Freedman

Santa Clara High Technology Law Journal

No abstract provided.

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No More Soft Landings For Software: Liability For Defects In An Industry That Has Come Of Age, Frances E. Zollers, Andrew Mcmullin, Sandra N. Hurd, Peter Shears Jan 2005

No More Soft Landings For Software: Liability For Defects In An Industry That Has Come Of Age, Frances E. Zollers, Andrew Mcmullin, Sandra N. Hurd, Peter Shears

Santa Clara High Technology Law Journal

No abstract provided.

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Trademark Survey Evidence: Review Of Current Trends In The Ninth Circuit, Robert H. Thornburg Jan 2005

Trademark Survey Evidence: Review Of Current Trends In The Ninth Circuit, Robert H. Thornburg

Santa Clara High Technology Law Journal

No abstract provided.

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An Overview Of The Regulation And Patentability Of Human Cloning And Embryonic Stem Cell Research In The United States And Anti-Cloning Legislation In The South Korea, Mikyung Kim Jan 2005

An Overview Of The Regulation And Patentability Of Human Cloning And Embryonic Stem Cell Research In The United States And Anti-Cloning Legislation In The South Korea, Mikyung Kim

Santa Clara High Technology Law Journal

No abstract provided.

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Speech Showdowns At The Virtual Corral, Eric Goldman Jan 2005

Speech Showdowns At The Virtual Corral, Eric Goldman

Santa Clara High Technology Law Journal

No abstract provided.

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Computer And High Tech Law Journal Symposium - Rules & Borders - Regulating Digital Environments - February 11, 2005 - Panel 3 - Ownership In Online Worlds, Santa Clara Computer And High Technology Law Journal Jan 2005

Computer And High Tech Law Journal Symposium - Rules & Borders - Regulating Digital Environments - February 11, 2005 - Panel 3 - Ownership In Online Worlds, Santa Clara Computer And High Technology Law Journal

Santa Clara High Technology Law Journal

No abstract provided.

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Navigating The Reasearch Exemption's Safe Harbor: Supreme Court To Clarify Scope - Implications For Stem Cell Research In California, Gina C. Freschi Jan 2005

Navigating The Reasearch Exemption's Safe Harbor: Supreme Court To Clarify Scope - Implications For Stem Cell Research In California, Gina C. Freschi

Santa Clara High Technology Law Journal

No abstract provided.

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Knorr-Bremse V. Dana Corporation - Willful Patent Infringement May No Longer Be Inferred Either From The Failure To Seek Legal Advice Or Invoking The Attorney-Client Privilege, According To The Federal Circuit, Sue Mota Jan 2005

Knorr-Bremse V. Dana Corporation - Willful Patent Infringement May No Longer Be Inferred Either From The Failure To Seek Legal Advice Or Invoking The Attorney-Client Privilege, According To The Federal Circuit, Sue Mota

Santa Clara High Technology Law Journal

No abstract provided.

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Digital Actors And Copyright - From The Polar Express To Simone, Leslie Kurtz Jan 2005

Digital Actors And Copyright - From The Polar Express To Simone, Leslie Kurtz

Santa Clara High Technology Law Journal

No abstract provided.

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Disabling Patentability For Skill-Based Inventions: Aligning Patent Law With Competition Policy, Neeraj Arora Jan 2005

Disabling Patentability For Skill-Based Inventions: Aligning Patent Law With Competition Policy, Neeraj Arora

Santa Clara High Technology Law Journal

No abstract provided.

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Not All Edits Are Created Equal: The Edited Movie Industry's Impact On Moral Rights And Derivative Works Doctrine, Aaron Clark Jan 2005

Not All Edits Are Created Equal: The Edited Movie Industry's Impact On Moral Rights And Derivative Works Doctrine, Aaron Clark

Santa Clara High Technology Law Journal

No abstract provided.

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Reasonable Pricing - A New Twist For March-In Rights Under The Bayh-Dole Act, John H. Rabitschek, Norman J. Latker Jan 2005

Reasonable Pricing - A New Twist For March-In Rights Under The Bayh-Dole Act, John H. Rabitschek, Norman J. Latker

Santa Clara High Technology Law Journal

No abstract provided.

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An Internet Advertising Service Can Constitute Use In Commerce, Patrick Frye Jan 2005

An Internet Advertising Service Can Constitute Use In Commerce, Patrick Frye

Santa Clara High Technology Law Journal

No abstract provided.

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The Virginia Uniform Trust Code, John E. Donaldson Jan 2005

The Virginia Uniform Trust Code, John E. Donaldson

Faculty Publications

No abstract provided.

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The Priest-Penitent Privilege – An Hibernocentric Exercise In Postcolonial Jurisprudence, Walter J. Walsh Jan 2005

The Priest-Penitent Privilege – An Hibernocentric Exercise In Postcolonial Jurisprudence, Walter J. Walsh

Articles

Although much has been written on the history of the priest-penitent privilege, this Article will show that such writing tends toward an unconscious, but strong, anglocentric tilt. It seems that no scholar has tried to locate and interpret all the Irish and American sources that inspired this initially hibernocentric, later more generally American, postcolonial deviation from the English common law. Since the Second World War, the significance of Philips and its 1828 New York codification have gained widespread recognition, but the scholarly inquiry has never advanced in any truly historical fashion. This article is thus the first history of the …

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Intellectual Property Rights And Stem Cell Research: Who Owns The Medical Breakthroughs?, Sean M. O'Connor Jan 2005

Intellectual Property Rights And Stem Cell Research: Who Owns The Medical Breakthroughs?, Sean M. O'Connor

Articles

This article will not address the science and ethics of stem cell research—at least as far as those topics are normally addressed in the existing literature. Instead, this article argues that an even more contentious battle is looming on the horizon, with dire practical consequences: Namely, who will own the revolutionary medical breakthroughs that are supposed to emerge from this research? Along the way, this article will assume that stem cell research will progress in some fashion and that at least some of the purported benefits will materialize.

But the central premise is that the pitch of the ownership battle …

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Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy Jan 2005

Corporate Prophet: An Introduction To Susan Stabile's A Catholic Vision Of The Corporation, Kellye Y. Testy

Articles

Public trust in business has waned as large-scale failures of corporate accountability and governance have rocked domestic and international marketplaces in the past several years. Efforts to bolster trust and improve corporate governance have received substantial public attention and have stemmed from many sources, including new regulatory initiatives and enhanced attention to governance by both public and private corporations in an attempt to stave off further regulation. At the same time, corporate law scholars have seized upon this milieu in order to reinvigorate scholarly debates about the roles and purposes of corporations in society.

Professor Susan Stabile, a scholar of …

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Immigration And The Allure Of Inclusion, Ediberto Román Jan 2005

Immigration And The Allure Of Inclusion, Ediberto Román

Faculty Publications

Essentially, all immigrant stories concern labels and their consequences, including the fiction of the legal and illegal "alien. ' These labels in turn are created by immigration regimes that have the effect of establishing identities of both welcomed and unwelcome newcomers into a society. These fictions or labels occur within what can be described as the legal fiction of the nation-state. In many respects, all immigrant debates and accounts are tales of inclusion and membership within legal frameworks that decide which groups of people are deemed worthy of eventual formal membership within a political structure. Indeed, the label of "alien" …

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Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez Jan 2005

Like Migratory Birds- Latin American Claimants In U.S. Courts And The Ford-Firestone Rollover Litigation, Manuel A. Gómez

Faculty Publications

No abstract provided.

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Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong Jan 2005

Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong

Faculty Publications

This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …

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Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang Jan 2005

Controlling Corporate Speech: Is Regulation Fair Disclosure Unconstitutional, Antony Page, Katy H. Yang

Faculty Publications

We analyze whether Regulation Fair Disclosure, SEC Chairman Arthur Levitt's crowning achievement, violates the First Amendment. Regulation FD requires that a company that discloses material non-public information to certain private audiences must also make that information public, subject to certain safe-harbors. The Regulation solely targets speech, acting either to compel it to a public audience or as a burden on private disclosure. Part I examines the reach of Regulation FD, the enforcement actions to date, and currently available empirical data. Part II provides an introduction to the interaction of the First Amendment and SEC regulations affecting speech. Part III broadens …

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