Law Commons^™

The Trials Of Winning At The Wto: What Lies Behind Brazil’S Success, Gregory Shaffer, Michelle Ratton Sanchez, Barbara Rosenberg

Cornell International Law Journal

No abstract provided.

The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch

Marquette Intellectual Property Law Review

The experimental use exception was originally conceived as a defense applicable when the infringing activities were philosophical. Over time the exception has evolved into a test of the profit motives of the infringer. Despite their status as non-profits, universities now find themselves under the same narrow interpretation of the experimental use exception as previously applied only to profit-seeking businesses. This article explains that the experimental use exception is still a viable defense to patent infringement for a student-sponsored capstone senior design project. In a student-sponsored capstone senior design project, the impetus and general direction of the project are provided almost …

The Missing Lawyering Skill, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

Educating Lawyers, a new book from the Carnegie Foundation, analyzes our modern system of legal education, and, in some measure, finds it wanting. The authors set out to evaluate legal education's response to decades old criticisms that it fails t teach lawyering skills and legal ethics.

The Grand Jury Legal Advisor: Resurrecting The Grand Jury’S Shield, Thaddeus A. Hoffmeister

School of Law Faculty Publications

This Article advocates for the creation of a Grand Jury Legal Advisor (GJLA) to resurrect the historical autonomy of grand juries. The Article draws upon Hawaii's experiences with the GJLA, and incorporates survey responses from a representative sample of former GJLAs.

The Article begins with a general and historical overview of the grand jury process. This portion of the Article demonstrates how all three branches of government have contributed to the diminishment of the powers of grand jurors. Part IV of this Article discusses the important policy rationales underlying the need for grand jury autonomy; Part V recommends the implementation …

Journal Staff

Law and Contemporary Problems

No abstract provided.

U.S. Supreme Court Interviews On Effective Legal Writing – Part Ii, Robert S. Anderson

Sturm College of Law: Faculty Scholarship

This column continues a three-part discussion of legal writing interviews given by eight of the nine sitting justices of the U.S. Supreme Court. In addition to discussing the elements of effective legal writing, the justices talked about their own writing processes.

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Dayton Lawyer, Summer 2008, University Of Dayton

Dayton Lawyer

No abstract provided.

Intellectual Property Rights And Global Warming, Estaelle Derclaye

Marquette Intellectual Property Law Review

Global warming is an issue that is everywhere in today's society. This article examines whether intellectual property rights could be the solution to the global warming problem. The article limits its discussion to patent and copyright law and explores solutions to global warming that are applicable in Europe. The author suggests that these recommendations could influence other countries to make their intellectual property rights greener, as intellectual property rights are based on international instruments and universal agreements that could apply in any country. The article examines how current copyright and patent laws already tackle global warming and explains how these …

Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz

Marquette Intellectual Property Law Review

For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. This article explains that as American courts move toward a more holistic approach to claim interpretation, the doctrine of equivalents will become increasingly unnecessary as a means of expanding patent scope. The author asserts that adopting a "person having ordinary skill in the art" approach to claim interpretation and eliminating the doctrine of equivalents in patent infringement cases would benefit patent law in several ways: (1) when courts interpret patent claims from the perspective of a person reasonably skilled in the art, patentees …

Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco

Marquette Intellectual Property Law Review

Despite the strides the TRIPs Agreement made to protect Geographical Indications (GIs), considerable debate persists on how to further TRIPs' goals in that area. First, while some countries ally themselves with the European Union on maintaining a multilateral register for GIs, others follow the United States' preference for a voluntary database. Controversy also surrounds whether to extend the more expansive protections on wines and spirits to other products. Finally, the European Union has launched a staunchly opposed campaign to recover the exclusive use of a number of GIs, including many that have become generic names for their associated products. This …

Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen

Marquette Intellectual Property Law Review

In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context of the Kewanee …

Earn Your Certificate And/Or M.S. Education Law Degree Online 2008, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Eurocentrism Versus Multiculturalism, Stephen R. Levitt, David L. Mcnaron

Humanities and Politics Faculty Articles

No abstract provided.

Insuring Corporate Crime, Miriam Baer

Faculty Scholarship

No abstract provided.

Santa Clara Magazine, Volume 50 Number 1, Summer 2008, Santa Clara University

Santa Clara Magazine

10 - SPEED RACERS An interview by Gwen Knapp. Cycling legend Greg LeMond talks ethics and doping in sports.

14 - MEET THE NEW FATHER GENERAL By Steven Boyd Saum. Introducing Adolfo Nicols, S.J., the new Superior General of the Society of Jesus.

16 - NO SIMPLE HIGHWAY By Juan Velasco. The Casa de la Solidaridad is less a place than a journey—one that offers a new understanding of solidarity. And a new meaning of home.

22 - EXILES By Ron Hansen. A tale of a shipwreck, a priest, and a poet. Hansen tells the story behind his new novel, …

American Procedural Exeptionalism: A Deterrent Or A Catalyst For Death Penalty Abolition, William W. Berry Iii

Cornell Journal of Law and Public Policy

No abstract provided.

Color Me Colorblind: Deference, Discretion, And Voice In Higher Education After Grutter, Annalisa Jabaily

Cornell Journal of Law and Public Policy

No abstract provided.

Institutional Constraints, Politics, And Good Faith: A Case Study Of School Finance Reform In Massachusetts , Rachel Wainer Apter

Cornell Journal of Law and Public Policy

No abstract provided.

Are Blue And Pink The New Brown - The Permissibility Of Sex-Segregated Education As Affirmative Action, Dawinder S. Sidhu

Cornell Journal of Law and Public Policy

No abstract provided.

Toward A Critical Race Realism, Gregory Scott Parks

Cornell Journal of Law and Public Policy

No abstract provided.

Third Amendment Protections In Domestic Disasters, James P. Rogers

Cornell Journal of Law and Public Policy

No abstract provided.

Admiralty, Colin A. Mcrae, Jessica L. Mcclellan

Mercer Law Review

The United States Supreme Court and Eleventh Circuit Court of Appeals were busy in 2007 with admiralty cases and other matters of importance to maritime practitioners. The Supreme Court considered two punitive damages cases with maritime implications and reviewed a case under the Federal Employers' Liability Act with potential bearing on Jones Act jurisprudence. The Supreme Court also clarified an important procedural issue concerning the application of the forum non conveniens doctrine, which often arises in maritime cases. The Eleventh Circuit continued its trend of tackling important maritime questions by issuing opinions on (1) the interplay between the Seaman's Wage …

The Like-Kind Exchange Equity Conundrum, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Tales, Techs And Territories: Private International Law, Globalization, And The Legal Construction Of Borderlessness On The Internet, Andrea Slane

Law and Contemporary Problems

The Internet has often been described as "borderless," owing to the technical features of Internet communications that make content accessible to anyone with a network connection, regardless of his or her location. This borderlessness has been widely thought both to confound legal regimes relying on territoriality and to fundamentally create a crisis for jurisdictional determination of both public- and private-law matters. Here, Slane dissects the images of globalization at work in conflicts cases involving harms caused by postings on the Internet and demonstrates how these images work to produce a coherence for the field of conflicts as well as the …

The Universal Declaration Of Human Rights At Sixty: Is It Still Right For The United States, Tai-Heng Cheng

Cornell International Law Journal

No abstract provided.

Confronting Adr Agreements' Contract/No-Contract Conundrum With Good Faith, Amy J. Schmitz

Faculty Publications

This Article explores the intricate problem, or conundrum, of enforcing "Alternative Dispute Resolution ('ADR') agreements" that require mediation or other non-binding dispute resolution procedures. Although public policy supports ADR, courts' inadequate analysis of ADR agreements is threatening their vitality. Instead of properly considering the flexible nature of these agreements, courts assume formalist contract or no-contract conclusions similar to those they impose on what Professor Charles Knapp has termed "contracts to bargain." ADR agreements and other contracts to bargain pose enforcement problems because they require parties' cooperation without specifying what cooperation means or how to enforce such flexible duties. This Article …

Extraterritorial Applicability To The Convention Against Torture Remarks, Walter Kalin

City University of New York Law Review

No abstract provided.

Implementing "Torture Lite": An Army Interrogator's First-Hand Account, Tony Lagouranis

City University of New York Law Review

No abstract provided.

The Compatibility Of Intelligence Gathering, Interrogation, And Preventing Torture, Steven M. Kleinman

City University of New York Law Review

No abstract provided.