Law Commons^™

Becoming The Fifth Branch, M. Todd Henderson, William A. Birdthistle

Coase-Sandor Institute for Law & Economics Research Paper Series

Observers of our federal republic have long acknowledged that a fourth branch of government comprising administrative agencies has arisen to join the original three established by the Constitution. In this article, we focus our attention on the emergence of perhaps yet another, comprising financial self-regulatory organizations. In the late eighteenth century, long before the creation of state and federal securities authorities, the financial industry created its own self-regulatory organizations. These private institutions then coexisted with the public authorities for much of the past century in a complementary array of informal and formal policing mechanisms. That equilibrium, however, appears to be …

Vol. 43, No. 07 (October 8, 2012)

Indiana Law Annotated

No abstract provided.

The Myth And Reality Of Dilution, Sandra L. Rierson

Duke Law & Technology Review

Statutory dilution claims are traditionally justified on the theory that even non-confusing uses of a famous trademark (or similar mark) can nonetheless minutely dilute the source-identifying capacity of the targeted trademark. This Article challenges that theory. The evidence that this phenomenon occurs is weak and has been subject to substantial empirical challenge. The true foundation for dilution claims lies not in alleged economic harms, but rather the misplaced fiction of corporate personality. We do not require trademark holders to prove actual economic injury in the context of a dilution claim because, at least in the vast majority of cases, there …

Summary Of Busefink V. Nevada, 128 Nev. Adv. Op. 49, Nicole Scott

Nevada Supreme Court Summaries

The Court considered whether NRS § 293.805, which prohibits compensation based on the number of voters registered, violated the First Amendment. Further, the Court considered whether the statute is unconstitutionally vague.

October 7, 2012: The Nature Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Nature of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

November 7, 2012: A Good, Not Great, Election, Bruce Ledewitz

Hallowed Secularism

Blog post, “A Good, Not Great, Election“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Grutter's Denouement: Three Templates From The Roberts Court, Ellen D. Katz

NULR Online

No abstract provided.

Beyond The Red, Purple, And Blue: Election Law Issues In 2012, Keesha M. Gaskins, Stephen F. Huefner, Joshua N. Lief, Michael J. Pitts, Jocelyn F. Benson, Joshua A. Douglas, Rebecca Green, Dale Ho, Michael P. Mcdonald, Donald Palmer, Rob Richie

University of Richmond Law Review Symposium

The Symposium Welcome was given by Clint A. Nichols, the Allen Chair Editor for the University of Richmond Law Review, and Wendy C. Perdue, Dean & Professor of Law at the University of Richmond School of Law.

The “Get out the vote?” session was presented by Keesha M. Gaskins, Senior Counsel with the Brennan Center for Justice at New York University; Steven F. Huefner, Professor of Law and Director of Clinical Programs at The Ohio State University Moritz College of Law; Joshua N. Lief, Senior Assistant Attorney General for the Commonwealth of Virginia; and Michael J. Pitts, Professor of Law …

The Patient Protection And Affordable Care Act: Why It Is Important For Women’S Health, Mary Fanning

Journal of Interdisciplinary Feminist Thought

President Barack Obama signed into law the Patient Protection and Affordable Care Act (ACA) on March 23, 2010 ending the long history of disparity in access to health care services between insured and uninsured persons. Disparity between women and men in obtaining health insurance coverage is also corrected in the act. Women’s organizations that have focused attention on women’s distinctive health needs over the past century and a half laid the foundation for provisions in the legislation that address women’s health. This article addresses health insurance coverage, its impact on health, the particular challenges women have confronted in seeking coverage, …

Brush, Lisa D.: Poverty, Battered Women, And Work In U.S. Public Policy., Mildred Bates

Journal of Interdisciplinary Feminist Thought

No abstract provided.

Dawinder S. Sidhu On Hate Crimes, Terrorism, And Sikhs, Dawinder S. Sidhu, Benjamin Wittes

Faculty Scholarship

Dawinder S. Sidhu of the University of New Mexico School of Law writes in with the following comments on the fallout from the shooting at the Sikh Temple at Oak Creek, Wisconsin.

Fraley V. Facebook, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Is Competition Always Good?, Maurice Stucke

Scholarly Works

Competition is the backbone of U.S. economic policy. The U.S. Supreme Court observed, “The heart of our national economic policy long has been faith in the value of competition.” Competition advocacy is also thriving internationally. Promoting competition is broadly accepted as the best available tool for promoting consumer well-being. Competition officials, who regularly try to protect the public from anticompetitive special interest legislation, are justifiably jaded about complaints of excess competition. Although the economic crisis has prompted some policymakers to reconsider basic assumptions, the virtues of competition are not among them.

Nonetheless to effectively advocate competition, officials must understand when …

Avalon Holdings , Llc V. Ameris Bank, Et Al. Order On Jnov, Melvin K. Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Book Review: The Public International Law Regime Governing International Investment, By Jose E. Alvarez, The Hague: Hague Academy Of International Law, Susan Franck

Book Reviews

Jose Alverez's recent book, The Public International Law Regime Governing International Investment, places international investment law firmly within the rubric of public international law. Historically, international investment law might have been classified as pure private international law given the private commercial actors and investment activities involved. Alvarez posits that a dichotomous public versus private law paradigm does not work in the context of international investment and makes the implicit explicit by considering investment law’s unique, arguably sui generis, hybrid essence that crosses the public and private international law divides. This book review explores Alvarez's primary thesis and his extended exposition …

Summary Of State V. Javier C., 128 Nev. Adv. Op. 50, Sarah Stephan

Nevada Supreme Court Summaries

An appeal from a district court order dismissing a category B felony charge of battery under NRS 200.481(2)(f), finding the statute’s definition of “prisoner” was not meant to include juvenile defendants committed to a detention center for delinquency.

Summary Of Sherriff V. Andrews, 128 Nev. Adv. Op. 51, Robert Stewart

Nevada Supreme Court Summaries

In an appeal from a district court order granting a pretrial petition for a writ of habeas corpus and dismissing a charge for possession of an item commonly used to escape, the Court determined whether NRS 212.093(1) encompasses a prohibition on cell phones.

October 3, 2012: The Perks Of Being A Wallflower, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Perks of Being a Wallflower“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Should Frand Patents Get Exclusion Orders?, Colleen Chien

Faculty Publications

No abstract provided.

Who Won In Sony’S Ps3 Jailbreak Battle?, Jess Robinson

Intellectual Property Brief

No abstract provided.

Ibm’S Watson Beats Humans On Jeopardy; Up Next: Searching The Prior Art?, Suba Ganesan

Intellectual Property Brief

No abstract provided.

Neil Gaiman Says Internet Piracy Is “People Lending Books”, Mark Tratos

Intellectual Property Brief

No abstract provided.

The America Invents Act Makes U.S. One Step Closer To First-To-File System, Aaron Gleaton

Intellectual Property Brief

No abstract provided.

Conflicts At The Intersection Of Acta & Human Rights: How The Anti-Counterfeiting Trade Agreement Violates The Right To Take Part In Cultural Life, Robert Ellis

Intellectual Property Brief

No abstract provided.

Towards A Doctrine Of Fair Use In Some Of Patent Law, Joshua I. Miller

Intellectual Property Brief

No abstract provided.

Balkanization Of The Local Patent Rules And A Proposal To Balance Uniformity And Local Experimentation, Grace Pak

Intellectual Property Brief

No abstract provided.

Reclaiming Our Technological Posterity At The Intersection Of Intellectual Property And Taxation: Uncovering How Patent Pools Are Key To Recovering The Benefits Of Charitable Ip Contributions, Kevin Christopher

Intellectual Property Brief

No abstract provided.

Stifling Scientific Progress: The District Court’S Decision In Myriad, Seth R. Ogden

Intellectual Property Brief

No abstract provided.

Copyright In The Classroom: Why Comprensive Copyright Education Is Necessary In United States K-12 Education Curriculum, Eric Perrott

Intellectual Property Brief

No abstract provided.

The New Ck Faculty Blog, Daniel Saunders

Presentations

Daniel Saunders, Faculty Scholarship Marketing Coordinator, unveiled the newly redesigned Chicago-Kent Faculty Blog. The new blog features a cleaner design, links to other faculty publications, and instant access to older blog posts.