Law Commons^™

Trademark Dilution: Of Fame, Blurring, And Sealing Wax, With A Touch Of Judicial Wisdom, Shari Diamond

Santa Clara High Technology Law Journal

No abstract provided.

A Linguistic Look At Trademark Dilution, Ronald R. Butters

Santa Clara High Technology Law Journal

No abstract provided.

The Trademark Use Requirement In Dilution Cases, Stacey L. Dogan, Mark A. Lemley

Santa Clara High Technology Law Journal

No abstract provided.

Dumping The Designation Of Source Requirement From The Tdra: A Response To The Alleged Trademark Use Requirement In Dilution Cases, William G. Barber

Santa Clara High Technology Law Journal

No abstract provided.

Dilution And Competition Norms: The Case Of Federal Trademark Dilution Claims Against Direct Competitors, Shubha Ghosh

Santa Clara High Technology Law Journal

No abstract provided.

Identical Cousins: On The Road With Dilution And The Right Of Publicity, Mary H. Lafrance, Gail H. Cline

Santa Clara High Technology Law Journal

No abstract provided.

Considering The Who, What, When, Where And How Of Measuring Dilution, Jacob Jacoby

Santa Clara High Technology Law Journal

No abstract provided.

State Of The State: Is There A Future For State Dilution Laws?, David S. Welkowitz

Santa Clara High Technology Law Journal

No abstract provided.

Virtual Trademarks, Candidus Dougherty, Greg Lastowka

Santa Clara High Technology Law Journal

No abstract provided.

User-Generated Content And The Future Of Copyright: Part Two - Agreements Between Users And Mega-Sites, Steven Hetcher

Santa Clara High Technology Law Journal

No abstract provided.

Outsource Software Development And Open Source: Coming Of Age In The 2000s, Heather Meeker

Santa Clara High Technology Law Journal

No abstract provided.

The Fizzy Experiment: Second Life, Virtual Property And A 1l Property Course, Elizabeth Gard, Rachel Goda

Santa Clara High Technology Law Journal

No abstract provided.

Virtual Property And Personhood, M. M. Scott Boone

Santa Clara High Technology Law Journal

No abstract provided.

Governing Cyberspace: Law, David G. Post

Santa Clara High Technology Law Journal

No abstract provided.

Patents: Hiding From History, Stephen M. Mcjohn

Santa Clara High Technology Law Journal

No abstract provided.

Copyright Law: The Last Five Years Of Journal Coverage, Tyler T. Ochoa

Santa Clara High Technology Law Journal

No abstract provided.

Patentability Of Human-Animal Chimeras, Ryan Hagglund

Santa Clara High Technology Law Journal

No abstract provided.

Reconciling Contract Doctrine With Intellectual Property Law: An Interdisciplinary Solution, Lorelei Ritchie

Santa Clara High Technology Law Journal

No abstract provided.

Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan

Santa Clara High Technology Law Journal

No abstract provided.

Debugging Software Patents: Increasing Innovation And Reducing Uncertainty In The Judicial Reform Of Software Patent Law, Robert E. Thomas

Santa Clara High Technology Law Journal

No abstract provided.

Ask, Don’T Tell: Ethical Issues Surrounding Undocumented Workers’ Status In Employment Litigation, Christine N. Cimini

Articles

The presence of an estimated 11.5 million undocumented immigrants in the United States, of which an estimated 7.2 million are working, has become a flashpoint in the emerging national debate about immigration. Given these statistics, it is not surprising that many undocumented workers suffer injuries in the workplace that are typically legally cognizable. Even though undocumented workers are entitled to a number of legal remedies related to their employment, seeking legal relief often raises heightened concerns about the disclosure of their status. This article explores lawyers' increasingly complex ethical obligations with regard to a client's immigration status in the context …

Macniven V. Westmoreland And Tax Advice Using “Purposive Textualism” To Deal With Tax Shelters And Promote Legitimate Tax Advice, Scott A. Schumacher

Articles

The last few years have seen a flurry of activity aimed at the tax shelter industry. Beginning with the “covered opinion” rules of Treasury Circular 230 in 2005, the government has adopted several changes to the standards applicable to tax advice, all in an effort stop abusive tax shelters. Most recently, both Congress (in 2007) and Treasury (in 2008) have revised the standards applicable to tax advice to require that a position have a “more likely than not” chance of succeeding on the merits, or the position must be disclosed to the IRS. While the government’s desire for reform is …

When Deterrence And Death Mitigation Fall Short: Fantasy And Fetishes As Gap-Fillers In Border Regulation, Mary D. Fan

Articles

Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved …

Insights From Clinical Teaching: Learning About Teaching Legal Writing From Working On Real Cases, Helen A. Anderson

Articles

I began teaching legal writing in 1994, but I've since had the occasional foray into practice through supervising students who represented clients in our state's appellate courts. I directed an appellate clinic for two years, and most recently supervised two students who briefed and argued a case in the Washington State Supreme Court. These experiences have taught me some important lessons that I have brought back to my legal writing classes. The clinical cases have not only reminded me what writing for practice really entails, and how hard it is to follow our sage writing advice, but they have given …

Transitioning The Family Business, Dwight Drake

Articles

By any measure, family-dominated businesses are the backbone of the American economy. Although a large majority of family businesses are managed by senior family members who are older than age 55 and more than 80 percent of such senior family members claim that they want the business to remain in the family, less than 30 percent of such businesses have tackled the challenge of developing a plan for transitioning the business to the next generation.

For over 90 percent of such families, this planning challenge is aggravated by the fact that they have no diversified wealth: the family’s wealth is …

Encouraging Diversity In Law School Deanships, Kellye Y. Testy

Articles

Introduction to a symposium.

Jacobus Tenbroek, Participatory Justice, And The Un Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Articles

No abstract provided.

Giving Birth In Shackles: A Constitutional And Human Rights Violation, Dana L. Sichel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Born To No Mother: In Re Roberto D.B. And Equal Protection For Gestational Surrogates Rebutting Maternity, Emily Stark

American University Journal of Gender, Social Policy & the Law

No abstract provided.

You Are Not The Father: How State Paternity Laws Protect (And Fail To Protect) The Best Interests Of Children, Sarah Mcginnis

American University Journal of Gender, Social Policy & the Law

No abstract provided.