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2013

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Articles 1831 - 1860 of 12809

Full-Text Articles in Law

Not All Patents Are Created Equal: Bias Against Predictable Arts Patents In The Post-Ksr Landscape, David Tseng Sep 2013

Not All Patents Are Created Equal: Bias Against Predictable Arts Patents In The Post-Ksr Landscape, David Tseng

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Next Generation Copyright Misuse, Rebecca Sundin Sep 2013

Next Generation Copyright Misuse, Rebecca Sundin

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Recent Decisions Provide Some Clarity On How Courts And Government Agencies Will Likely Resolve Issues Involving Standard-Essential Patents, Steven M. Amundson Sep 2013

Recent Decisions Provide Some Clarity On How Courts And Government Agencies Will Likely Resolve Issues Involving Standard-Essential Patents, Steven M. Amundson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt Sep 2013

Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt

Chicago-Kent Journal of Intellectual Property

The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …


Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell Sep 2013

Hijacking Shared Heritage: Cultural Artifacts And Intellectual Property Rights, Amy Hackney Blackwell, Christopher William Blackwell

Chicago-Kent Journal of Intellectual Property

No abstract provided.


All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger Sep 2013

All Together Now: The Family Of Marks Doctrine In The Era Of Apple, Inc., Austin Berger

Chicago-Kent Journal of Intellectual Property

While a significant doctrine within common law trademark, the family of marks doctrine has not been utilized by as many dominant corporations within the fifty years since its creation as one might expect. This may be because the doctrine and its analysis remains rather opaque with little substantive legal research devoted to its history and framework and with a pastiche of case law that, on first blush, fails to signal a clear, uniform approach among the circuits. The doctrine itself, however, has been a deft tool in the hands of certain corporations who have used it to protect the prized …


Against The Spread: The Legality Of Full-Service Sports Wagering Kiosks, Evan Simonsen Sep 2013

Against The Spread: The Legality Of Full-Service Sports Wagering Kiosks, Evan Simonsen

UNLV Gaming Law Journal

No abstract provided.


Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen Sep 2013

Led Blindly: One Circuit's Struggle To Faithfully Apply The U.S. Supreme Court's Religious Symbols Constitutional Analysis, William M. Janssen

West Virginia Law Review

No abstract provided.


Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky Sep 2013

Conflicting Federal And State Medical Marijuana Policies: A Threat To Cooperative Federalism, Todd Grabarsky

West Virginia Law Review

The legal status of medical marijuana in the United States is something of a paradox. On one hand, the federal government has placed a ban on the drug with no exceptions. On the other hand, forty percent of states have legal- ized its cultivation, distribution, and consumption for medical purposes. As such, medical marijuana activity is at the same time proscribed (by the federal government) and encouraged (by state governments through their systems of regulation and taxation). This Article seeks to shed light on this unprecedented, nebulous zone of legality in which an activity is both legal and illegal, what …


From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz Sep 2013

From Consultation To Consent: Community Approval As A Prerequisite To Environmentally Significant Projects, Nicholas A. Fromhertz

West Virginia Law Review

Since the United States enacted the National Environmental Policy Act (NEPA) in 1969, nations all around the world have adopted similar statutes. What started as a unique response to the American environmental movement grew to become a nearly global standard. Although the details of the regimes vary from country to country, there are two constants: (1) the regimes force the government to consider environmental impacts before conducting or authoriz- ing projects, and (2) they allow some degree of public participation. This Arti- cle focuses on the latter of these two features. Public participation in NEPA-style regimes generally means public consultation: …


Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs Sep 2013

Hypothetical Efficiency Is Not Grounds For Breach, Daniel M. Isaacs

West Virginia Law Review

The law does not approve of the efficient breach of contract; it merely provides or fails to provide remedies. Although there are situations where the law implies contract terms, there is no basis for an implied covenant of efficiency. Hypothetical contracts, purporting to incorporate a release where the cost of performance to the promisor exceeds its value to the promisee, cannot be used to bind people to results, even efficient ones, to which they did not agree. Where it is inefficient to demand performance, flexibility should come from the promisee who, having received in trust the power to limit the …


For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks Sep 2013

For Nontraditional Names' Sake: A Call To Reform The Name-Change Process For Marrying Couples, Meegan Brooks

University of Michigan Journal of Law Reform

In a large number of states, women are encouraged to take their husbands’ surnames at marriage by being offered an expedited name-change process that is shorter, less expensive, and less invasive than the statutory process that men must complete. If a couple instead decides to take an altogether-new name at marriage, the vast majority of states require that each spouse complete the longer statutory process. This name-change system emerged from a long history of naming as a way for men to dominate women. This Note emphasizes the need for name-change reform, arguing that the current system perpetuates antiquated patriarchal values …


Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad Sep 2013

Gauging The Gender Divide In The Middle East’S Educational System: Causes, Concerns, And The Impetus For Change, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson Sep 2013

There Goes The Neighborhood: Regulating Away The Community Bank - An Analysis Of The Costs Of Current Regulations On Community Banks, Alan J. Wilson

West Virginia Law Review

No abstract provided.


Tarrant Regional Water District V. Hermann: Interpreting Silence In Interstate Water Compacts With Respect To State Boundaries And The Right To Access Water, Holly Taylor Sep 2013

Tarrant Regional Water District V. Hermann: Interpreting Silence In Interstate Water Compacts With Respect To State Boundaries And The Right To Access Water, Holly Taylor

Water Law Review

No abstract provided.


Inside Or Outside The System?, Eric Posner, Adrian Vermeule Sep 2013

Inside Or Outside The System?, Eric Posner, Adrian Vermeule

University of Chicago Law Review

In a typical pattern in the literature on public law, the diagnostic sections of a paper draw upon political science, economics, or other disciplines to offer deeply pessimistic accounts of the motivations of relevant actors in the legal system. The prescriptive sections of the paper, however, then issue an optimistic proposal that the same actors should supply public-spirited solutions. Where the analyst makes inconsistent assumptions about the motivations of actors within the legal system, equivocating between external and internal perspectives, an inside/outside fallacy arises. We identify the fallacy, connect it to an economics literature on the "determinacy paradox," and elicit …


Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs Sep 2013

Phoenix Rising? On The Fall And Potential New Rise Of State Trademark Rights, Charles Mcmanis, Henry Biggs

Chicago-Kent Journal of Intellectual Property

This article addresses the historical interplay of federal, state and common law trademark rights as they relate to the scope of geographic protection. The article looks closely at the narrow context where federal trademark law may arguably provide for state trademark law to prevail. The article notes, however, that the specific state trademark language necessary for that state trademark right to prevail has slowly vanished from most state trademark statutes. Yet while the door has seemed to be closing in this area, a relatively recent case, National Ass'n for Healthcare Communications, Inc. v. Central Arkansas Area Agency on Aging, Inc, …


Patent Litigation Attorneys' Fees: Shifting From Status To Conduct, Daniel Roth Sep 2013

Patent Litigation Attorneys' Fees: Shifting From Status To Conduct, Daniel Roth

Chicago-Kent Journal of Intellectual Property

Abusive patent assertion results in deadweight losses to society. Faced with the high cost of patent litigation, companies often settle for an amount equal to a fraction of the cost of defending a patent infringement suit. This allows the patent owner to extract settlements from many individuals without the risk of invalidation before a federal court. Shifting attorneys' fees to the prevailing party is a remedy courts award in exceptional cases to deter patent owners from bringing unreasonable claims of infringement and to return defendants to the position they were in prior to litigation. Current fee-shifting proposals target patent assertion …


Whose Administrative Law Is It Anyway - How Global Norms Reshape The Administrative State, Daphne Barak-Erez, Oren Perez Sep 2013

Whose Administrative Law Is It Anyway - How Global Norms Reshape The Administrative State, Daphne Barak-Erez, Oren Perez

Cornell International Law Journal

No abstract provided.


Consent-Based Humanitarian Intervention: Giving Sovereign Responsibility Back To The Sovereign, Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas Sep 2013

Consent-Based Humanitarian Intervention: Giving Sovereign Responsibility Back To The Sovereign, Oona A. Hathaway, Julia Brower, Ryan Liss, Tina Thomas

Cornell International Law Journal

No abstract provided.


Let's Not Reinvent The Wheel: Harnessing The Current Domestic Regulatory Framework For The International Export Of Liquefied Natural Gas, Claudia A. Duncan Sep 2013

Let's Not Reinvent The Wheel: Harnessing The Current Domestic Regulatory Framework For The International Export Of Liquefied Natural Gas, Claudia A. Duncan

Cornell International Law Journal

No abstract provided.


A Solution Acceptable To All - A Legal Analysis Of The Senkaku-Diaoyu Island Dispute, R. Jade Harry Sep 2013

A Solution Acceptable To All - A Legal Analysis Of The Senkaku-Diaoyu Island Dispute, R. Jade Harry

Cornell International Law Journal

No abstract provided.


No Child Left Unprotected: Adopting The Ninth Circuit's Interpretation Of The Child Status Protection Act In De Osorio V. Mayorkas, Dianne Milner Sep 2013

No Child Left Unprotected: Adopting The Ninth Circuit's Interpretation Of The Child Status Protection Act In De Osorio V. Mayorkas, Dianne Milner

Cornell International Law Journal

No abstract provided.


Norm, University Of North Dakota. Energy And Environmental Research Center Sep 2013

Norm, University Of North Dakota. Energy And Environmental Research Center

EERC Brochures and Fact Sheets

Fact sheet about naturally occurring radioactive material (NORM). Gives fundamental information on radiation and discusses how NORM is regulated and disposed of. [This item is an outdated or superseded version and retained for historical purposes only. It may no longer reflect current information, policies, or practices.]


Front Matter Sep 2013

Front Matter

Michigan Business & Entrepreneurial Law Review

No abstract provided.


Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle Sep 2013

Transforming Juvenile Justice: Making Doctrine Out Of Dicta In Graham V. Florida, Jason Zolle

Michigan Law Review First Impressions

In the late 1980s and 1990s, many state legislatures radically altered the way that their laws treated children accused of crimes. Responding to what was perceived of as an epidemic of juvenile violence, academics and policymakers began to think of child criminals as a "new breed" of incorrigible "superpredators." States responded by making it easier for prosecutors to try and sentence juveniles as adults, even making it mandatory in some circumstances. Yet in the past decade, the Supreme Court handed down four opinions that limit the states' ability to treat children as adults in the justice system. Roper v. Simmons …


Are Cryptocurrencies Super Tax Havens?, Omri Marian Sep 2013

Are Cryptocurrencies Super Tax Havens?, Omri Marian

Michigan Law Review First Impressions

Virtual currencies are online payment systems that may function as real currencies but are not issued or backed by central governments. As demonstrated by recent events, virtual currencies present regulators with significant challenges. On May 23, 2013, the U.S. federal government brought an indictment against the operators of Liberty Reserve, a popular virtual currency, charging the operators with money laundering and operating an unlicensed money-transmitting business. The same month, the Government Accountability Office ("GAO") made public a report exploring the potential tax-compliance risks associated with virtual currencies and economies. Legislators have also taken particular interest in one type of virtual …


Volume 97, Fall 2013 Masthead, Marquette Law Review Sep 2013

Volume 97, Fall 2013 Masthead, Marquette Law Review

Marquette Law Review

None


Volume 97, Fall 2013 Table Of Contents, Marquette Law Review Sep 2013

Volume 97, Fall 2013 Table Of Contents, Marquette Law Review

Marquette Law Review

None


The Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, And Exclusions, Ralph C. Anzivino Sep 2013

The Wisconsin Consumer Act: Consumer Credit Sales, Consumer Leases, Open-End Credit Plans, And Exclusions, Ralph C. Anzivino

Marquette Law Review

The Wisconsin Consumer Act (WCA) is a complex statute with very significant sanctions for creditors that fail to comply with its requirements. Debtors’ attorneys seek to claim that a transaction is subject to the WCA’s mandates, and of course, creditors’ attorneys seek to deny coverage. This Article addresses the coverage issue by focusing on the three consumer credit transactions that are expressly subject to WCA coverage, and on the two most common transactions excluded from WCA coverage. The three transactions expressly subject to WCA coverage are consumer sales, consumer leases, and open-ended credit plans. Each distinct transaction has its own …