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2019

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Articles 10531 - 10560 of 12012

Full-Text Articles in Law

The Myth Of Settlement In Mdl Proceedings, Douglas G. Smith Jan 2019

The Myth Of Settlement In Mdl Proceedings, Douglas G. Smith

Kentucky Law Journal

No abstract provided.


Prize-Linked Savings In Kentucky: How Breaking Up The State Lottery's Monopoly Over Promotional Raffles Could Help Kentucky's Savings Crisis, Sarah Gabhart Jan 2019

Prize-Linked Savings In Kentucky: How Breaking Up The State Lottery's Monopoly Over Promotional Raffles Could Help Kentucky's Savings Crisis, Sarah Gabhart

Kentucky Law Journal

No abstract provided.


Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger Jan 2019

Don't Forget To Subscribe: Regulation Of Online Advertising Evaluated Through Youtube's Monetization Problem, Nicole E. Pottinger

Kentucky Law Journal

No abstract provided.


Art In The Age Of Contractual Negotiation, Christopher G. Bradley, Brian L. Frye Jan 2019

Art In The Age Of Contractual Negotiation, Christopher G. Bradley, Brian L. Frye

Kentucky Law Journal

No abstract provided.


The Misadventure Of Copyrighting State Law, Eric E. Johnson Jan 2019

The Misadventure Of Copyrighting State Law, Eric E. Johnson

Kentucky Law Journal

No abstract provided.


Limiting Lessons From Property: Reimagining The Public Domain In The Image Of The Public Trust Doctrine, Deirdré A. Keller Jan 2019

Limiting Lessons From Property: Reimagining The Public Domain In The Image Of The Public Trust Doctrine, Deirdré A. Keller

Kentucky Law Journal

No abstract provided.


Experimenting With State-Enacted Resale Rights, Guy A. Rub Jan 2019

Experimenting With State-Enacted Resale Rights, Guy A. Rub

Kentucky Law Journal

No abstract provided.


Consuming The Benefits Of Copyright: Multijurisdictional Sales Tax Complexity, Adam B. Thimmesch Jan 2019

Consuming The Benefits Of Copyright: Multijurisdictional Sales Tax Complexity, Adam B. Thimmesch

Kentucky Law Journal

No abstract provided.


Calling A Spade, A Spade: Infirmities Facing Bump Stock Regulation Under The National Firearms Act, William Tyler Gilbert Jan 2019

Calling A Spade, A Spade: Infirmities Facing Bump Stock Regulation Under The National Firearms Act, William Tyler Gilbert

Kentucky Law Journal

No abstract provided.


When Nowhere Becomes Somewhere: Gentrification In Rural Communities And How Proactive Community Planning And A Progressive Property Valuation System Can Stem The Tide, Mat Payne Jan 2019

When Nowhere Becomes Somewhere: Gentrification In Rural Communities And How Proactive Community Planning And A Progressive Property Valuation System Can Stem The Tide, Mat Payne

Kentucky Law Journal

No abstract provided.


A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia Jan 2019

A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia

Kentucky Law Journal

No abstract provided.


The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg Jan 2019

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben Trachtenberg

Kentucky Law Journal

No abstract provided.


Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen Jan 2019

Regulate Physician Restrictive Covenants To Improve Healthcare, Judy Ann Clausen

Kentucky Law Journal

No abstract provided.


Redefining The Third-Party Doctrine: Carpenter's Effect On Dna Privacy, Drew M. Baldwin Jan 2019

Redefining The Third-Party Doctrine: Carpenter's Effect On Dna Privacy, Drew M. Baldwin

Kentucky Law Journal

No abstract provided.


Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton Jan 2019

Bacha Bazi And Human Rights Violations In Afghanistan: Should The U.S. Military Have Done More To Protect Underage Boys?, Annie Barry Bruton

Kentucky Law Journal

No abstract provided.


Ai And The "Death Of Trademark", Michael Grynberg Jan 2019

Ai And The "Death Of Trademark", Michael Grynberg

Kentucky Law Journal

No abstract provided.


Res Ipsa Loquitur: Reducing Confusion Of Creating Bias?, Jeffrey H. Kahn, John E. Lopatka Jan 2019

Res Ipsa Loquitur: Reducing Confusion Of Creating Bias?, Jeffrey H. Kahn, John E. Lopatka

Kentucky Law Journal

No abstract provided.


Divorce, Domicile, And The Constitution, Mark Strasser Jan 2019

Divorce, Domicile, And The Constitution, Mark Strasser

Kentucky Law Journal

No abstract provided.


Facing The Growing Tension Between Conservation Easements And The Common Law, J. Brady Hagan Jan 2019

Facing The Growing Tension Between Conservation Easements And The Common Law, J. Brady Hagan

Kentucky Law Journal

No abstract provided.


Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson Jan 2019

Recognized Right Or Open Question? An Exploration Of Johnson And Its Progeny, Richard Simpson

Kentucky Law Journal

No abstract provided.


The Remarkable First 50 Women Law Graduates Of St. Mary's University: Part One, Regina Stone-Harris Jan 2019

The Remarkable First 50 Women Law Graduates Of St. Mary's University: Part One, Regina Stone-Harris

Faculty Articles

No abstract provided.


Fraud, Letters Of Credit, And The Uniform Commercial Code: It Is Time To Untether The Independence Principle, Richard Flint Jan 2019

Fraud, Letters Of Credit, And The Uniform Commercial Code: It Is Time To Untether The Independence Principle, Richard Flint

Faculty Articles

The purpose of this Article is to evaluate the efficacy of the fraud exception to the independence principle in letters of credit law in the case of both commercial and standby letters of credit. In doing so, a primary focus will be to identify which of the various parties to a letter of credit transaction the present fraud exception "protects" and to evaluate the policy justifications for why these persons are viewed by the law to be eligible recipients of protection.


In Code(Rs) We Trust: Software Developers As Fiduciaries In Public Blockchains, Angela Walch Jan 2019

In Code(Rs) We Trust: Software Developers As Fiduciaries In Public Blockchains, Angela Walch

Faculty Articles

A decade into Bitcoin's existence, governance questions around it and other public blockchains abound. Do these 'decentralized' structures even have governance? If so, what does it look like? Who has power, and how is it channeled or constrained? Are power structures implicit or explicit? How can we improve upon the ad hoc governance structures of early blockchains? ls ‘on-chain governance,’ like that proposed by Tezos and others, the path forward?

In August 2016, in the aftermath of the DAO theft and resulting Ethereum hard fork, I argued in American Banker that the core developers and significant miners of public blockchains …


Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance Jan 2019

Choice Of Law And The Right Of Publicity: Rethinking The Domicile Rule, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.


From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris Jan 2019

From Territorial To Universal-The Extraterritoriality Of Trademark Law And The Privatizing Of International Law, P. Sean Morris

Cardozo Arts & Entertainment Law Journal

Legal doctrines, aided and abetted by interpretations of the courts, carry the force of law. The implication is that when courts settle matters, they often go beyond the scope of current intellectual property legislation. Furthermore, global problems in intellectual property may require the participation of private intellectual property rights owners to bring suit. This, in turn, often creates more problems due to the territorial, trans-territorial, and extraterritorial reach of the law, especially with respect private trademark rights. I explore this and other legal conundrums in this Article. The key concern addressed in the Article is how far trademark law is …


Exhaustion In The Service Of Progress, Ofer Tur-Sinai Jan 2019

Exhaustion In The Service Of Progress, Ofer Tur-Sinai

Cardozo Arts & Entertainment Law Journal

Under the doctrine of patent exhaustion, an authorized sale of a patented item exhausts the patentee's rights with respect to that item, leaving the purchaser and subsequent owners free to use or resell it without fear of an infringement lawsuit. In 2017, the U.S. Supreme Court issued its landmark decision in Impression Products v. Lexmark International, which strengthened the exhaustion doctrine in various significant ways. The Court held that an authorized sale of a patented item exhausts all patent rights with respect to that item, regardless of any restrictions on use or resale the patentee purports to impose. The Court …


Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause, David B. Borsack Jan 2019

Exploration Of The Nfl Franchise Tag Functioning As A Non-Compete Clause, David B. Borsack

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis Jan 2019

The Design Patent Bar: An Occupational Licensing Failure, Christopher Buccafusco, Jeanne C. Curtis

Cardozo Arts & Entertainment Law Journal

Although any attorney can represent clients with complex property, tax, or administrative issues, only a certain class of attorneys can assist with obtaining and challenging patents before the United States Patent & Trademark Office (PTO). Only those who are members of the PTO's patent bar can prosecute patents, and eligibility for the patent bar is only available to people with substantial scientific or engineering credentials. However much sense the eligibility rules make for utility patents-those based on novel scientific or technical inventions-they are completely irrational when applied to design patents-those based on ornamental or aesthetic industrial design. Nevertheless, the PTO …


A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling, Sok Min Yun Jan 2019

A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling, Sok Min Yun

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne Schroeder Jan 2019

Panel 2: Art Law And Blockchain, Tonya M. Evans, Derek Fincham, Katya Fisher, Jeanne Schroeder

Cardozo Arts & Entertainment Law Journal

No abstract provided.