Law Commons^™

The Rearden Problem: Defining Ownership In A Changing Landscape, Jake Altobello

University of Miami Business Law Review

This paper will address the problem that is currently being confronted by the Walt Disney World Company; who owns the creative works made from software stolen from the original creator? Furthermore, does the court’s application of the “lion’s share” theory effectively further the Constitution’s intent to promote the growth of arts and sciences? By looking at the historical progression of intellectual property law and the holdings of key cases in copyright law, this paper will distill into a summary of key concerns the jurisprudence regarding associating property rights in intellectual property. By narrowing the key considerations of the court, this …

Meeting The Challenges To America's Economic Future: Charting The Course In U.S. Intellectual Property & Innovation Policy, With An Introduction By Megan M. La Belle, International Ip Commercialization Council

Catholic University Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Business Law Review

No abstract provided.

An Excerpt From Chapter 3 Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law, Michele Destefano

University of Miami Business Law Review

No abstract provided.

"It's Your Right…!": A Legal History Of The Bacardi Cocktail, Brian L. Frye

University of Miami Business Law Review

No abstract provided.

The Balkan Loophole: China's Potential Circumvention Of Eu Protectionism, Dimitrije Canic

University of Miami Business Law Review

The global recession of 2008 appeared to end the honeymoon between globalization and the reduction of international trade barriers. This was especially visible in the European Union, which saw a surge of conservatism as European economies suffered. With the EU unable to assist its members, the countries turned to China for financial aid. In return, China saw this as its chance to enter the EU using the engine of its newly–formed superpower status–its economy. From loans and financial aid to foreign direct investments (FDI), China began to pour money into the EU market. The poorer EU members accepted this money …

Evolving Autonomous Vehicle Technology And The Erosion Of Privacy, Raquel Toral

University of Miami Business Law Review

No abstract provided.

Standing To Appeal At The Federal Circuit: Appellants, Appellees, And Intervenors, Matthew J. Dowd, Jonathan Stroud

Catholic University Law Review

The America Invents Act of 2011 created three administrative patent review regimes that have flooded the rechristened Patent Trial and Appeal Board with almost 7,000 new matters in just under five years. The flood of matters—primarily, inter partes reviews (IPRs)—has led to more than 1,000 appeals to the U.S. Court of Appeals for Federal Circuit from administrative proceedings, eclipsing any other forum of origin. With the flood of administrative appeals, questions of first instance on appellate standing have arisen, resulting in a handful of important panel decisions.

While the other regional Courts of Appeals have largely adopted legal tests, standards, …

Re-Evaluating The Demise Of The Average, Ordinary, Reasonable Person: Unintended Consequences In The Law Of Nuisance, George P. Smith & William P. Lane

Catholic University Law Review

This Article advocates for a wider pleading use of the tort of nuisance—this, because of the unresolved complexities in the doctrine of causation which continue to plague an effective use of negligence. The confusing awkwardness or, perhaps, the actual demise, of the notion of an average, ordinary, reasonable person so essential to improving negligent wrongdoing has caused aggravation over the years and, indeed, given rise to a state of torbidity.

The judiciary can more easily resolve this evidentiary quagmire by shifting its judicial attention and analysis to the tort of nuisance. With alarming social indicators and statistical projections, confirming the …

The Essence Test: Picking Up A Supreme Court Fumble, Thomas Gentry

Catholic University Law Review

Labor arbitration is the primary mean by which employers and employees resolve disputes. The shortcomings of the Supreme Court’s jurisprudence on labor arbitration have intensified as more employees opt for arbitration. These shortcomings are no more apparent than with the National Football League and its players.

This Comment uses NFL player Adrian Peterson and his player-discipline arbitration process as an example of the gaps in the Supreme Court’s case law. The Supreme Court announced the Essence Test in 1960 with the seminal Steelworker Trilogy Cases. Since 1960, lower courts have been unable to consistently apply the test, leading to a …

La Promesa Cumplida [The Promise Fulfilled]: How The U.S. Constitution Has Enabled Colonialism, Dean Delasalas

Catholic University Law Review

In 2016, as a debt-ridden Puerto Rico tried and failed to protect its assets from rapacious creditors, Congress enacted the Puerto Rico Oversight and Economic Management Act (PROMESA). PROMESA created the Financial Oversight and Management Board, a group of unelected officials charged with helping Puerto Rico restructure its debt and “achieve fiscal responsibility.” To the surprise of many, the Oversight Board was empowered to invalidate Puerto Rican laws, strong-arm the Puerto Rican government into accepting draconian spending cuts in education, healthcare, and pensions and sue officials who refused to comply.

Sadly, the extent of power given to the Oversight Board …

Is A Delayed Result A Just Result? The Use Of Laches As An Equitable Defense To Remedial Back Pay Under The Eeoc's Sovereignty, Ruth Ann Mueller

Catholic University Law Review

The equitable defense of laches generally cannot be used against the sovereign. This broad proposition, adopted from English Courts of Equity, cements itself in United States federal case law. It is a longstanding principle that the federal government protects the public good and must be exempt from the defenses that could be brought up in a private suit. Administrative agencies bear a similar role, and exemption, when litigating as the United States on behalf of the public.

However, courts do not affirmatively restrict the use of laches against administrative agencies who may be acting on behalf of a private litigant. …

Non-Traditional Trademarks: The Error Costs Of Making An Exception The Rule, Glynn Lunney

Faculty Scholarship

Over the last sixty years, courts and the USPTO have engaged in an ill-advised expansion of trademark subject matter. Where once only words or emblems attached to a product could serve as a trademark, today a product’s design or packaging itself may receive such protection. This expansion was and is a mistake. There may indeed be rare cases where a product’s design or packaging conveys brand-specific information and could receive protection without impairing competitor’s ability to offer substitutes. Such cases are the exception and not the rule, however. Extending the strong legal presumptions and property-like protection trademark law provides to …

Hands Off “My” Colors, Patterns, And Shapes! How Non-Traditional Trademarks Promote Standardization And May Negatively Impact Creativity And Innovation, Irene Calboli

Faculty Scholarship

This chapter criticizes the protection of non-traditional trademarks (NTTMs) by focusing on three specific examples from the fashion industry: Louboutin, Gucci, and Bottega Veneta. In particular, besides repeating that granting exclusive rights to NTTMs equates in foreclosing competitors and third parties from using any identical and similar product design and products feature, this chapter highlights an additional problem related to the protection of NTTMs. Notably, that, by recognizing and protecting as marks elements that are product design and aesthetic product features, protecting these marks supports a system of intellectual property protection that promotes standardization, rather than creativity and innovation, in …

Introduction To The Protection Of Non-Traditional Trademarks: Critical Perspectives, Irene Calboli

Faculty Scholarship

During the past decades, the domain of trademark law and the scope of trademark protection have been expanded significantly. The flexible application of prerequisites for registration has paved the way for the recognition of a wide variety of signs as subject matter eligible for trademark protection. This includes single colors, shapes, sounds, smells, video clips, holograms, and even gestures. However, this expansion of the scope of trademark protection has been accompanied only by a partial expansion of the grounds for refusal relating to these registrations and the creation of defenses that permit unauthorized use in the interest of freedom of …

Comments On Judicial Independence And Impartiality In Isds: A Paper Prepared For The Uncitral Working Group Iii, Gus Van Harten, Pavla Křístková

All Papers

This paper was prepared in support of the mandate of Working Group III to consider the possible reform of investor-state dispute settlement (ISDS) for reasons of independence and impartiality. It outlines the deep flaws in the current design of ISDS on this issue and offers ideas about reforms to incorporate essential safeguards

Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal

Student Theses

Paper evidence is commonly encountered in cases of kidnapping, threatening letters, extortion, and bank robbery, and the optimal workflow between latent print processing and DNA collection is of interest to the forensic community. The overall aim of this project was to achieve optimal amounts of DNA for typing without destroying the fingerprint. The first study compared two collection techniques—tape-lifting by Scotch Removable Poster Tape and dry swabbing with FLOQSwabs— using prints deposited in defined locations. Samples were processed for DNA and developed with 1,2-indanedione. The second aim was to determine if visualizing print locations with fingerprint powder prior to DNA …

2008 - San Antonio And Nacimiento Rivers Watershed Management Plan

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

The purpose of the San Antonio and Nacimiento Rivers Watersheds Management Plan is to identify the existing conditions of and stresses in these watersheds as they relate to water quality, and recommend methods for reducing or eliminating those stressors such as alternative land use practices. The plan was created to:

􀂃 The reservoirs and their respective watersheds are the source for water recharging the Salinas Valley groundwater basin.

􀂃 There is a direct correlation between the health of these watersheds and the supply and quality of water for the Salinas Valley.

􀂃 The Salinas Valley’s population and economy are dependent …

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …

Review Of Double Taxation And The League Of Nations, Reuven S. Avi-Yonah

Reviews

Should we continue adapting the OECD Model to address tax challenges arising from digitalization of the economy or has the time come for radical reform? Sunita Jogarajan asked that question in her last study of the League of Nations' work on double taxation in the 1920s. The historical analysis provided in her book seems to suggest that the international tax regime will continue to inevitably evolve and the OECD Model can adapt. Her extensive archival research, conducted at the League of Nations Archives, the United Kingdom National Archives (London) and the Seligman Archives, Columbia University (New York), clearly demonstrates that …

2008 - Managing An Uncertain Future - Climate Change Adaptation Strategies For California's Water

Miscellaneous Documents and Reports

This report recommends a number of adaptation strategies for California and local water managers to improve their capacity to handle change. Many of the strategies will also help adapt California's water resources to accommodate non-climate demands including a growing population, ecosystem restoration and greater flood protection. Several of the recommendations in this report are ready for immediate adoption, while others need additional public deliberation and development. Some can be implemented using existing resources and authority, while the majority will require new resources, sustained financial investment and significant collaborative effort.

Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), Scott Skinner-Thompson

Research Data

This document, Privacy's Double Standards: Public Disclosure Tort Case Chart (2006-2016), 93 Wash. L. Rev. Online 2051 (2018), https://www.law.uw.edu/wlr/online-edition/scott-skinner-thompson, was published as an electronic supplement to the empirical study, Scott Skinner-Thompson, Privacy’s Double Standards, 93 Wash. L. Rev. 2051 (2018), available at https://scholar.law.colorado.edu/articles/1218/.

December 18, 2018: The Continuing Disintegration Of Politics In America, Bruce Ledewitz

Hallowed Secularism

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

2016 - Memorandum Of Understanding For Integrated Regional Water Management In The Greater Monterey County Region With Amendments Through December 2016

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

An Integrated Regional Water Management Plan (IRWM Plan) developed by 18 member entities that include government agencies, nonprofit organizations, educational organizations, water service districts, private water companies, and organizations representing agricultural, environmental, and community interests. The IRWM Plan is an expansion and modification of a previous plan – the May 2006 Salinas Valley Integrated Regional Water Management Functionally Equivalent Plan developed by Monterey County Water Resources Agency. This MOU recognizes the joint commitment of the undersigned parties to develop an IRWM Plan for the Greater Monterey County Region. The MOU does not impose any further commitments or obligations upon any …

2013 - Greater Monterey County Integrated Regional Water Management - Disadvantaged Community And Tribal Needs Assessment

Miscellaneous Monterey and San Luis Obispo County Documents and Reports

A 2013 Disadvantaged Community and Tribal Needs Assessment as they relate to water management in the Greater Monterey County Integrated Regional Water Management process in the planning region thus informing future project development.

1918 - Report Of The State Agricultural Society For The Year 1917

Miscellaneous Documents and Reports

1918 report by the California State Agricultural Society on the production and resources of California along with a review of the physical conditions and characteristics of most of the counties in the State and statistics reflecting the farm acreage, the assessable wealth, and industrial resources for those counties.

1914 - Report Of The State Agricultural Society For The Year 1913

Miscellaneous Documents and Reports

1914 report by the California State Agricultural Society on the production and resources of California along with a review of the physical conditions and characteristics of most of the counties in the State and statistics showing the farm acreage, the assessable wealth, and industrial resources for those counties.

Domestic Law Creating International Regimes: How Legal Formalism Is Hobbling U.S. Foreign Policy, Christopher Mirasola

University of Miami International and Comparative Law Review

International law has always been contested. In recent years, however, competition between States to influence the trajectory of international law has intensified. Unfortunately, most international lawyers and policy makers still employ an impoverished understanding of the way in which international law is created (i.e., through formal international negotiations or as developed through custom). In this article, I argue that this formalist perspective neglects the foundational role of domestic lawmaking and regulation in the development of international law. Indeed, this paper shows that domestic action has historically been a direct causal antecedent to international legal regimes, and concludes that States must …

Crimes Against Humanity In Venezuela: Can The Icc Bring Justice To Venezuelan Victims?, Ayumary M. Fitzgerald

University of Miami International and Comparative Law Review

State parties to the Rome Statute submit to the jurisdiction of the International Criminal Court (ICC). This permanent and autonomous Court tries individuals for heinous international crimes, including crimes against humanity (CAH). Crimes such as murder, imprisonment, or torture, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, are known as CAH. Under the Statute, national jurisdictions are primarily responsible for investigating and prosecuting those responsible for international crimes. So, before it can assert jurisdiction, the ICC must determine that a state party is unwilling or unable to prosecute …

Enabling Retrospective Application Of The Denial Of Benefits Clause: An Analysis Of Decisions Of Tribunals Under The Energy Charter Treaty, Ramya Ramachanderan

University of Miami International and Comparative Law Review

No abstract provided.