Law Commons^™

Keyword Advertising In Europe - How The Internet Challenges Recent Expansions Of Eu Trademark Protection, Martin R.F. Senftleben

Connecticut Journal of International Law

In recent years, the Court of Justice of the European Union (CJEU) has continuously expanded the scope and reach of trademark protection in the EU. With the challenges arising in the digital environment, however, this expansionist approach becomes more and more questionable. The current problems arising from keyword advertising shed light on areas of overbroad, excessive trademark protection created by the Court. Moreover, inconsistencies in the Court's system of infringement criteria clearly come to the fore. Against this background, the present analysis explores ways out of the dilemma. After a short introduction to basic notions of EU trademark law (section …

A Preface To World Government: A Comparison Of The Current State Of International Governance With The State Of Governance That Followed Adoption Of The American Articles Of Confederation, Vincent J. Samar

Connecticut Journal of International Law

Is the current state of international governance by the United Nations and related organizations a preface to what eventually might become a world government?' Is it at all similar to the structure of government in the United States after the adoption of the Articles of Confederation in 1781 and before adoption of the Constitution of 1787? Are changes in the way international institutions like the United Nations operate related to changes in our conceptions of the role of these institutions in providing international governance? When governmental institutions prove to be too weak to adequately perform the tasks expected of them …

An Evolving Foreclosure Landscape: The Ibanez Case And Beyond, Peter Pitegoff, Laura S. Underkuffler

Cornell Law Faculty Publications

Mortgage securitization, subprime lending, a persistently weak housing market, and an explosion of residential mortgage defaults – today’s homeowners and banks face a new and challenging landscape. Recently, courts in several states have issued decisions that alter the terrain for mortgage foreclosures. In Massachusetts, New Jersey, and New York, among other states, courts have dismissed foreclosure actions on the basis of what might seem to be highly technical deficiencies in the pleading or proof. The most well-known – and controversial – in this cluster of cases is U.S. Bank National Ass’n v. Ibanez, decided by the Supreme Judicial Court of …

Unwell: Indiana V. Edwards And The Fate Of Mentally Ill Pro Se Defendants, John H. Blume, Morgan J. Clark

Cornell Law Faculty Publications

Same-Sex Marriage, Second-Class Citizenship, And Law's Social Meanings, Michael C. Dorf

Cornell Law Faculty Publications

Government acts, statements, and symbols that carry the social meaning of second-class citizenship may, as a consequence of that fact, violate the Establishment Clause or the constitutional requirement of equal protection. Yet social meaning is often contested. Do laws permitting same-sex couples to form civil unions but not to enter into marriage convey the social meaning that gays and lesbians are second-class citizens? Do official displays of the Confederate battle flag unconstitutionally convey support for slavery and white supremacy? When public schools teach evolution but not creationism, do they show disrespect for creationists? Different audiences reach different conclusions about the …

The Way Forward: Moving From The Post-Bubble, Post-Bust Economy To Renewed Growth And Competitiveness, Daniel Alpert, Robert C. Hockett, Nouriel Roubini

Cornell Law Faculty Publications

We argue that the U.S. economy is presently mired in a particularly tenacious, Fisher-style debt-deflation rooted in long term secular trends in the domestic and global economies. Global productive capacity has steadily outpaced global absorptive capacity for several decades now, and the latter will not catch up with the former for a good many years to come -- if ever. In order to avert long-term Japanese-style stagnation at home and quite possibly slowdown and slump worldwide, the U.S. will have both (a) to eliminate private sector debt-overhang from 'both sides' of the same, and (b) to act in concert with …

Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf

Cornell Law Faculty Publications

In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …

From Bali To Copenhagen: Indonesia's Position And Role In International Negotiation To Establish A Post-Kyoto Protocol Agreement On Climate Change, Syamsul Hadi

Indonesian Journal of International Law

In the light of upcoming end of the Kyoto Protocol in 2012, international society is in the urgent need to arrange a new international agreement to cope more with the issue that has been threatening both today and the future generation. In this context, Indonesia has attempted to contribute a positive role to seek international consensus on the climate change negotiations, including by becoming the host of Un Conference on Climate Change in Bali (2007), whoch resulted in the Bali Roadmap and Bali Action Plan, both of which has become important stepping stone for the Post-Kyoto Protocol international regime. However, …

Impact Of The Implementation Of Broder Crossing Area Agreement Between Indonesian And The Philippines At The Border Of Miangas Island Of North Celebes, Wulanmas A.P.G Frederik

Indonesian Journal of International Law

The existence of Border Crossing Area Agreement (BCA) in 1975 regulating the border agreement between Miangas Island of North Celebes and the Philippines created positive and negative impacts on border people in Miangas Island. The legal aspects, BCA is a legal regulation regulating the border crossing and commerce in that area; economic aspects; BCA has not accommodated border people’s interests maximally yet and it has a limiting impression rather than facilitating people’s interests, thus, illegal trades occur at the border of Miangas Island; social aspects, BCA is hard to implement in this area because it has limited the tradition practicing …

Citation Advantage Of Open Access Legal Scholarship, James M. Donovan, Carol A. Watson

Law Faculty Scholarly Articles

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.

Reconciling Chevron, Mead, And The Review Of Agency Discretion: Source Of Law And The Standards Of Judicial Review, Michael P. Healy

Law Faculty Scholarly Articles

Although the Supreme Court's watershed decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. has been understood by many as defining the framework for judicial review of agency legal determinations, there have been longstanding questions about the application of the standards for reviewing administrative action. These questions have become more troublesome following the Supreme Court's 2001 decision in United States v. Mead Corp. Mead established that Chevron review only applies when defined requirements are met and held that so-called Skidmore deference applies when Chevron deference does not apply. Surveying the aftermath of Mead and its effect on the …

The Case For Tradable Tax Credits, Clint Wallace

Faculty Publications

This note argues that tradable tax credits offer advantages as compared to other mechanisms the federal government can use to affect social and economic policy. Policymakers should consider the tradable tax credit as a potentially desirable form of tax incentive, rather than a necessity of political compromise as was the case in the enactment of existing tradable credits. First, the note establishes that tradable tax credits can be the economic equivalent of direct spending programs and of refundable tax credits. Next, the note examines a limited but significant set of circumstances in which the tradable tax credit can offer efficiency …

Engaging The Legal Academy In Disaster Response, Susan Kuo, Davida Finger, Laila Hlass, Anne Hornsby, Rachel Van Cleave

Faculty Publications

This article discusses three models of law school engagement that have been used to respond to natural disasters. The three models discussed are a disaster law clinic, a course on disaster law, and a student-led initiative featuring non-credit, pro bono placements. Each model offers a conceptual approach for integrating community-based, justice-oriented initiatives into academic and clinical teaching. Taken as templates for a more permanent model of engagement in the area of post-disaster law and social justice, these models demonstrate that the legal academy can meet its service obligation to the community while training lawyers to better appreciate the central tenets …

Shaping The Tributary: The Why, What, And How Of Pipeline Programs To Increase Diversity In Legal Education And The Legal Profession, Laura Rothstein

The Journal of Law and Education

No abstract provided.

Lower Federal Courts And State Courts Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Subtle Censorship: The Problem Of Retaliation Against High School Journalism Advisers And Three Ways To Stop It, Tyler J. Buller

The Journal of Law and Education

No abstract provided.

Zero Tolerance Policies And Terroristic Threatening In Schools Chalk Talks, Brandi Melvin

The Journal of Law and Education

No abstract provided.

Book Review, Todd A. Demitchell

The Journal of Law and Education

No abstract provided.

Newdow And The Ninth Circuit: What Happened Between 2002 And 2010 To Change The Court's Opinion Of The Constitutionality Of The Pledge To The Flag Chalk Talks, Natalie Humphrey

The Journal of Law and Education

No abstract provided.

Who's In A Family: Parental Rights And Tolerance-Promoting Curriculum In Early Elementary Education Chalk Talks, Jennifer Adams Emerson

The Journal of Law and Education

No abstract provided.

Recent Cases And Commentary

The Journal of Law and Education

No abstract provided.

Title And Copyright Pages, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Front Matter And Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Genetic Testing And Testimony In Toxic Tort Litigation: Admissibility And Evaluation, Jennifer M. Champagne

North Carolina Journal of Law & Technology

No abstract provided.

Dynamic Innovative Inefficiency In Pharmaceutical Patent Settlements, Ian Hastings

North Carolina Journal of Law & Technology

No abstract provided.

U.S. Legal Holds Across Borders: A Legal Conundrum, Kenneth N. Rashbaum, Matthew Knouff, Melinda C. Albert

North Carolina Journal of Law & Technology

No abstract provided.

Misuse Of Misuse: Princo Corp. V. International Trade Commission And The Federal Circuit's Misguided Patent Misuse Jurisprudence, Saami Zain

North Carolina Journal of Law & Technology

No abstract provided.

Goin To Carlina In My Mind: Prospects And Perils For Natural Gas Drilling In North Carolina, Elizabeth Turgeon

North Carolina Journal of Law & Technology

No abstract provided.