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Articles 1 - 8 of 8
Full-Text Articles in Law
Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner
Table Annexed To Article: Surveying ‘Enumeration’ And ‘Limited’ In Farrand’S Records Volume Three And The Federalist Essays, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Our Constitutional Logic surveyed word counts for ‘enumeration’ and ‘limited’ in the Records of the Federal Convention, volume 3, edited by Max Farrand and in the 85 essays of The Federalist. Results are tabled.
Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins
Surgeons Or Scribes? The Role Of United States Court Of Appeals Law Clerks In "Appellate Triage", Todd C. Peppers, Micheal W. Giles, Bridget Tainer-Parkins
Marquette Law Review
none
Who Cares About The 85 Percent? Reconsidering Survey Evidence Of Online Confusion In Trademark Cases, Daniel Gervais, Julie M. Latsko
Who Cares About The 85 Percent? Reconsidering Survey Evidence Of Online Confusion In Trademark Cases, Daniel Gervais, Julie M. Latsko
Daniel J Gervais
There is an assumption in US trademark law that the protection of consumer interests—a traditional normative pillar of trademark law--is best achieved by enjoining use by a defendant of a mark that creates a likelihood of confusion (with the plaintiff’s mark) for 15% or more (sometimes less) of relevant consumers. Courts often use survey evidence to determined existence of the likelihood of confusion. This article argues that the interests of all consumers are relevant in that determination. This means that determining the costs, if any, imposed on nonconfused consumers should also be part of the equation. This can be accomplished …
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky
Juliet P Kostritsky
ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …
Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith
Fifty State Survey Of Mandatory Reporting Statutes, Brenda V. Smith
The Project on Addressing Prison Rape - Surveys
Mandatory reporting state statutes regarding the sexual abuse of children are compiled and reported. Entries include (if provided) the following information: state; mandatory reporting statutes name; what has to be reported; relevant definitions; persons required to report; reporting procedures; and penalty for failure to report.
Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno, John Keyser
Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno, John Keyser
St. Mary's Journal on Legal Malpractice & Ethics
Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own …
Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti
Is It Possible To Protect Journalists Sources In The Digital Age?, Survey Asks, Julie N. Posetti
Faculty of Law, Humanities and the Arts - Papers (Archive)
Titled UNESCO Internet Study: Privacy and Journalists' Sources, this major global research project requires the direct input of editors, journalists, publishers, media organisations and associations, policy experts, media lawyers, press freedom activists and NGOs, and public interest bloggers.
The Broken Promise Of Obra ’87: The Failure To Validate The Survey Protocol, Malcolm J. Harkins Iii
The Broken Promise Of Obra ’87: The Failure To Validate The Survey Protocol, Malcolm J. Harkins Iii
Saint Louis University Journal of Health Law & Policy
No abstract provided.