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BYU Law Review

No abstract provided.

Violence And Police Diversity: A Call For Research, Mary D. Fan

BYU Law Review

Deaths and protests in places where predominantly-white police forces patrol majority-black communities have focused the national spotlight on concerns over unrepresentative police forces. Responding to the controversy, mayors and police chiefs in cities across the nation are announcing goals to hire more minority officers. But does police diversification actually reduce the risk of violence in police encounters? This Article addresses this timely question of legal and practical import to communities seeking to prevent violence and pursue policies that survive constitutional scrutiny.

Drawing on restricted-access Centers for Disease Control data and social-psychological insights, this Article shows that there is a good …

Intellectual Property Law’S Plagiarism Fallacy, Gregory N. Mandel, Anne A. Fast, Kristina R. Olson

BYU Law Review

Intellectual property law is caught in a widespread debate over whether it should serve incentive or natural rights objectives, and what the best means for achieving those ends are. This article reports a series of experiments revealing that these debates are actually orthogonal to how most users and many creators understand intellectual property law. The most common perception of intellectual property among the American public is that intellectual property law is designed to prevent plagiarism.

The plagiarism fallacy in intellectual property law is not an innocuous misperception. This fallacy likely helps explain pervasive illegal infringing activity on the Internet, common …

Institutional Control And Corporate Governance, Geoffrey Christopher Rapp

BYU Law Review

No abstract provided.

The Particulate Constitution: Uncertainty And New Originalism, Elise Carter

BYU Law Review

No abstract provided.

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.

Sector Specific Regulations And Competition Law In The Tele-Communications Sector, Daria Kostecka-Jurczyk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article concerns the dual normative structure characteristic for infrastructural sectors. The analysis is limited to the Telecommunication sector. The paper focuses on the problem of the role of competition law in the context of regulatory obligations, radio spectrum management and network sharing agreements. The aim of the article is to show the complexity of the normative structure of the Telecommunications sector, including sector specific regulations and competition rules, rather than exhaustively analyse the chosen regulatory aspects.

Legal Conditions Of Using Cookies, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The subject matter of this article centers on the use of cookies by providers of telecommunications services, information society services, and advertising services. The goal of the analysis is to identify the permissible forms of performing the information obligation and acquiring subscribers’ consent for the use of cookies. The paper also considers the scope of the exclusion of these duties in light of the opinions of Article 29 of the Data Protection Working Party, regulatory bodies of EU countries other than Poland, and Polish practice. The issues of cookies are analyzed in the light of Polish Telecommunications Law provisions and …

Legal Issues Surrounding The Provision Of Services In A Saas Model By Telecommunications Entrepreneurs, Łukasz Pirożek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This article considers the legal qualifi cation of the provision of services in a SaaS model pursuant to Polish law. It analyzes the issue of software licensing according to the Polish Copyright Act and considers the qualification of services in a SaaS model as telecommunications services within the meaning of the Polish Telecommunications Act.

Submission Of An Application Via An Electronic Inbox. Critical Comment To The Judgment Of The Woiwodship Administrative Court In Wrocław Of 24 February 2015, Sab/Wr 17/15, Paweł Chmieliński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The official certificate of submission does not constitute proof of sending a letter to a public entity via ePUAP.

Consolidation Procedure And The Effect Of A Decision On Trade Between Member States. Judgment Of The Court Of Justice Of The European Union Of 16 April 2015, C-3/14, Tadeusz Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Maciej Rogalski, Świadczenie Usług Telekomunikacyjnych (Provision Of Telecommunications Services), Warszawa 2014, Ss. 145, Mateusz Kabut

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of contents

Entire Issue Vol. 4 No. 6

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 4(6)

The State Of Utah, Plaintiff/ Appellee, Vs. Jason Michael Speed, Defendant/ Appellant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

An appeal from a final Sentence, Judgment, and Conviction for Attempted Theft by Deception, a Third-Degree Felony, in violation of Utah Code Ann.§ 76-6-405, in the Third Judicial District Court of Salt Lake County, State of Utah, the Honorable Judith Atherton presiding. The defendant is not incarcerated.

Reperex, Inc., A Utah Corporation, Brad Ball, And David Ball, Plaintiffs-Appellants V. Child, Van Wagoner & Bradshaw Pllc, A Utah Limited Liability Company, J. Russton Bradshaw, Coldwll Banker Commercial, And Duane Bush, Defendants-Appellees : Reply Brief Of Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judgment on the pleadings, summary judgment and final judgment from verdict entered by Judge Todd M. Shaughnessy Third District court for Salt Lake County

How America Tolerates Racism In Jury Selection, Larry D. Thompson

Popular Media

This Op-ed by Professor Larry Thompson appeared in the New York Times on October 30, 2015. Professor Thompson discusses the case, Foster v. Chatman, which will be heard by the Supreme Court on November 2, 2015. In this case, the Court will decide whether the exclusion of jurors intended to unconstitutionally influence the jury’s racial make-up in a capital murder case in Georgia.

Beyond Marriage Equality Symposium, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Nani Nau Plaintiff/Appellant V. Safeco Insurance Company Of Illinois, A Washington Corporation. Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Tables Of Judgments Of The Supreme Court, The Court Of Appeals In Warsaw And The Competition And Consumers Court (Sokik) In Telecommunications Cases For 2014, Ewa M. Kwiatkowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Tables

Tables Of Judgments Of The Administrative Courts In Telecommunications Cases For 2014, Andrzej Nałęcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Tables

Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek

Journal of Intellectual Property Law

No abstract provided.

Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii

Journal of Intellectual Property Law

No abstract provided.

Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley

Journal of Intellectual Property Law

No abstract provided.

The Right To Say, "I Didn't Write That": Creating A Cause Of Action To Combat False Attribution Of Authorship On The Internet, Kathleen Brennan Hicks

Journal of Intellectual Property Law

No abstract provided.

The Increasing Use Of Challenges To Expert Evidence Under Daubert And Rule 702 In Patent Litigation, Douglas G. Smith

Journal of Intellectual Property Law

No abstract provided.

Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf

Journal of Intellectual Property Law

No abstract provided.

Copyright As Contract, Jeffrey L. Harrison

Journal of Intellectual Property Law

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …

Table Of Contents, Vol. 22:2, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.