Law Commons^™

Bundle Of Trouble: An Analysis Of How The Lower Courts Have Handled Bundled Discounts Since Lepage's Inc. V. 3m, A, John H. Kilper

Missouri Law Review

This Summary will analyze the reasoning utilized in the various district court decisions since LePage's and will seek to illustrate how those courts have dealt with a lack of clear foundation as to how to handle bundling claims under the antitrust laws. Furthermore, this summary will attempt to determine specific reasons why the LePage's decision has failed to provide a proper approach to determining the legality of bundled discounts. Finally, the Summary will conclude that the Supreme Court should grant certiorari in order to provide both the district and circuit courts with guidance as to how they should balance between …

Some Challenges For Legal Pragmatism: A Closer Look At Pragmatic Legal Reasoning, Andrew J. Morris

Northern Illinois University Law Review

This article draws on the literature of legal pragmatism to identify distinctive characteristics of pragmatic reasoning. It then conducts a methodical comparison of pragmatic reasoning with more principled reasoning, which the article identifies as reasoning that gives normative force to formal legal reasons. The article conducts this comparison based on five criteria: (1) generality versus contextuality; (2) level of decision costs; (3) effect on rate of true judicial error; (4) effect on predictability; and (5) effect on judicial legitimacy.

Vol. 28, No. 1, Fall 2007: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

No abstract provided.

Reputation Nation: Law In An Era Of Ubiquitous Personal Information, Lior Strahilevitz

Public Law and Legal Theory Working Papers

No abstract provided.

Hudson And Samson: The Roberts Court Confronts Privacy, Dignity, And The Fourth Amendment, John D. Castiglione

Louisiana Law Review

No abstract provided.

Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online, Dawn R. Swink, J. Brad Reich

BYU Law Review

No abstract provided.

Refracting Domestic And Global Choice-Of-Forum Doctrine Through The Lens Of A Single Case, Richard D. Freer

BYU Law Review

No abstract provided.

Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis

School of Computer Science & Engineering Faculty Publications

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost …

Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Packing Your Briefcase (Deanell Reece Tacha)
• Religiously Affiliated Law Schools (Kevin J Worthen)
• Peacemaking (Chieko N. Okazaki)
• Telling Our Stories of Jesus (Tessa Meyer Santiago)

Contract Law And Its Potential Impact On Parole And Probation Searches, Michael Chmelar

Northern Illinois University Law Review

When considering a defendant's motion to reconsider his sentence or motion to reduce his sentence, Illinois courts apply principals of contract law to hold the defendant to his negotiated plea agreement. However, courts only utilize contract law to enforce the sentence length and not other material terms of a negotiated plea. Specifically, Illinois courts have not enforced search conditions in probation or parole orders when challenged through a motion to quash and suppress. The failure to extend the use of contract principals to the search term of a sentence could create a conflict with how courts enforce negotiated pleas. In …

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

The Hoynes Code, Patricia A. O'Hara

Hoynes Code

This code governs legal education at the University of Notre Dame in all programs and in all locations.

Title Page

Louisiana Law Review

No abstract provided.

Issue Contents

Louisiana Law Review

No abstract provided.

Volume Contents

Louisiana Law Review

No abstract provided.

Government As Liberty's Servant: The "Reasonable Time, Place, And Manner" Standard Of Review For All Government Restrictions On Liberty Interests, Michael Anthony Lawrence

Louisiana Law Review

No abstract provided.

Reimbursement For Satisfaction Of Community Obligations With Separate Property: Getting What's Yours, Kimberly D. Higginbotham

Louisiana Law Review

No abstract provided.

Behavioral Science And Consumer Standard Form Contracts, Shmuel I. Becher

Louisiana Law Review

No abstract provided.

Stopping Short Of Justice: Hamilton And Notice Requirements For The Redemption Period Of Tax Sales, Jessica Gladney

Louisiana Law Review

No abstract provided.

So You've Married A Mismanager: The Inadequacy Of Louisiana Civil Code Article 2354, Kelly Kromer Boudreaux

Louisiana Law Review

No abstract provided.

Kennedy V. Sheriff Of East Baton Rouge: A Hollow Victory For Louisiana Defamation Plaintiffs?, Louis Edward Layrisson Iii

Louisiana Law Review

No abstract provided.

Marshall V. Burger King Corp.: Making A Mess Of "Duty" For Businesses In Illinois, Jeffrey H. Powell

Northern Illinois University Law Review

This comment examines Marshall v. Burger King Corp., in which the Illinois Supreme Court overturned a "no duty" ruling of the trial court and determined that business owners have a duty to protect patrons from out-of-control vehicles crashing through their walls. The author analyzes the court's new duty analysis which relegates the traditional public policy factors to an exemption analysis and emphasizes a categorical approach to duty. The author concludes that the new duty analysis creates nearly a per se duty for businesses to protect their invitees from third party negligent acts and will lead to increased costs for businesses …

Protecting Court Borders: Fencing Hoffman Plastic Compounds, Inc. V. Nlrb Out Of Illinois Civil Courts, Patrick D. Kenneally

Northern Illinois University Law Review

An increasing number of jurisdictions have seized upon the reasoning in the United States Supreme Court's decision Hoffman Plastic Compounds, Inc. v. NLRB to deny undocumented immigrant plaintiffs recovery for lost future earnings at their projected earnings while living in the United States. However, a correct reading of Hoffman and understanding of its precedent reveals a narrow ruling confined to the field of federal labor law incapable of influencing the availability and distribution of damages in personal injury actions in Illinois state courts. Illinois common law currently grants undocumented plaintiffs the right to recover damages for amounts they would have …

Xm Lawsuit: Threats To The Incentive Model Of Copyright Genesis And The Obsolescence Of The Ahra In A Digital Age Of Hybrid Technology, Jay W. Ferguson

Northern Illinois University Law Review

This article examines Atlantic Records Corp. v. XM Satellite Radio Inc. The current litigation offers a prime example of various ways in which the United States Copyright Act is unable to pace current technological trends with respect to the hybridization of technology. This article explores the nature of the current litigation and the fact that the litigation is entirely device-driven; the applicability, interpretation and purpose of the Audio Home Recording Act; threats to the incentive model of copyright genesis; and a call for device-neutral legislation that focuses on particular acts of infringement rather than measuring a device's capabilities as a …

Uwlaw, Fall 2007, Vol. 56

Alumni Magazines

No abstract provided.

Issue 2: Annual Survey 2007 Table Of Contents

University of Richmond Law Review

No abstract provided.

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

Rethinking Dui Law In Virginia, Monte Kuligowski

University of Richmond Law Review

As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.

The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land

University of Richmond Law Review

No abstract provided.