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Articles 1 - 30 of 91
Full-Text Articles in Law
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde
Marquette Intellectual Property & Innovation Law Review
None
Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko
Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko
Electronic Theses and Dissertations
Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji
PhD Dissertations
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Comic Books, The First Amendment, And The “Best Test” For Right Of Publicity Issues, Rachel Silverstein
Touro Law Review
No abstract provided.
The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post
The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post
All Faculty Scholarship
The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courts seeking to reconcile the right with the First Amendment have to date produced only a notoriously confused muddle of inconsistent constitutional doctrine. In this Article, we suggest a way out of the maze. We propose a relatively straightforward framework for analyzing how the right of publicity should be squared with First Amendment principles.
At the root of contemporary constitutional confusion lies a failure to articulate the precise state interests …
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
The War On Drugs And The Case For Rehabilitation, Christopher Johnson, Jackson Hoopes
Brigham Young University Prelaw Review
From slavery to Jim Crow to current issues with mass incarceration, America has a long-standing history with oppression and racial prejudice. While it’s easy for many to think racism, particularly at an institutional level, to be a thing of the past, a variety of evidences speak to the contrary. With President Nixon’s War on Drugs, criminality became federally sanctioned way to oppress minorities through sentencing discrepancies in crack and powdered cocaine. In conjunction with that, the privatization of prisons has led to the Prison Industrial Complex, further incentivizing incarceration as a means of industry and commerce. Now we are faced …
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Ventura V. Kyle And American Sniper; The Anatomy Of A Public Figure’S Lawsuit, Michael K. Steenson
Faculty Scholarship
Chris Kyle's book, American Sniper, detailed his exploits as a prolific Navy SEAL sniper. In a book subchapter Kyle detailed an encounter with a "Mr. Scruff Face" in a San Diego Bar. The book states that Ventura made certain statements that were demeaning of the United States and the Navy SEALS. Scruff Face was subsequently identified by Chris Kyle as Jesse Ventura, former governor of Minnesota. Ventura sued Chris Kyle for defamation, appropriation, and unjust enrichment. Relying on trial court documents, briefs, and the opinions in the case, this article probes those theories of recovery with an emphasis on the …
I See You - A Story From The Haudenosaunee, Simone Anter J.D.
I See You - A Story From The Haudenosaunee, Simone Anter J.D.
American Indian Law Journal
A young Apache woman sits on a bench outside of her university classroom; next to her is a stack of law books. She has just come from the first day of her first-year property class, where the professor lectured about the origins of property law devoid of any mention of Native people. As she sits she notices an individual walking along the sidewalk, towards her. This person wears a baseball hat with the Washington Redskins’ logo embellished on the front, a grotesque caricature of an “Indian.” The person’s attire includes a T-shirt featuring a skull wearing a feathered headdress, probably …
Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths
Australian Literature’S Legacies Of Cultural Appropriation, Michael R. Griffiths
Faculty of Law, Humanities and the Arts - Papers (Archive)
Non-Indigenous Australian writers face a dilemma. On the one hand, they can risk writing about Aboriginal people and culture and getting it wrong. On the other, they can avoid writing about Aboriginal culture and characters, but by doing so, erase Aboriginality from the story they tell.
1898, Sept. 27 - Notice Of Water Claim; I. H. Millard; Monterey County Recorder's Office Water Rights Book A, Page 158; San Antonio Creek; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the San Antonio Creek and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the San Antonio Creek.
1898, Sept. 13 - Notice Of Water Claim; Spreckels Sugar Company; Monterey County Recorder's Office Water Rights Book A, Page 156; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1896, July 3 - Notice Of Water Claim; J. E. Hartenbower And B. D. Hurd; Monterey County Recorder's Office Water Rights Book A, Page 125; Salinas River, Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1897, Dec. 22 - Notice Of Water Claim; Salinas Valley Water Company; Monterey County Recorder's Office Water Rights Book A, Page 143; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1899, Mar. 14 - Notice Of Water Claim; J. G. Somavia; Monterey County Recorder's Office Water Rights Book A, Page 169; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1899, Sept. 18 - Notice Of Water Claim; Gonzalez Water Company; Monterey County Recorder's Office Water Rights Book A, Page 179; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1896, May 6 - Notice Of Water Claim; C. S. Abbott; Monterey County Recorder's Office Water Rights Book A, Page 123; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1896, May 9 - Notice Of Water Claim; William K. Brown; Monterey County Recorder's Office Water Rights Book A, Page 124; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1899, Feb. 25 - Notice Of Water Claim; Spreckels Sugar Company; Monterey County Recorder's Office Water Rights Book A, Page 159; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1901, Jan. 3 - Notice Of Water Claim; William Pendelton Wood; Monterey County Recorder's Office Water Rights Book A, Page 186; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1911, June 5 - Notice Of Water Claim; Clark Colony Water Company; Monterey County Recorder's Office Water Rights Book A, Page 296; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1896, Apri. 29 - Notice Of Water Claim; E. E. Hall; Monterey County Recorder's Office Water Rights Book A, Page 122; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1882, Dec. 15 - Notice Of Water Claim; M. Brandstein; Monterey County Recorder's Office Water Rights Book A, Page 73; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1877, Oct. 18 - Notice Of Water Claim; Frank Kopman; Monterey County Recorder's Office Water Rights Book A, Page 58; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1896, Aug. 19 - Notice Of Water Claim; J.G. Armstrong, J.A. Armstrong, E.A. Armstrong And E.E. Armstrong; Monterey County Recorder's Office Water Rights Book A, Page 129; Salinas River; Typed Transcription And Map
Post-1872 State Water Claims
re-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Salinas River and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Salinas River.
1886, Oct. 20 - Notice Of Water Claim; J. H. Brown And W. J. Armstrong; Monterey County Recorder's Office Water Rights Book A, Page 81; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1895, Apr. 13 - Notice Of Water Claim; E. K. Abbott; Monterey County Recorder's Office Water Rights Book A, Page 107; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
1895, May 27 - Notice Of Water Claim; B. F. Gould; Monterey County Recorder's Office Water Rights Book A, Page 110; Arroyo Seco; Typed Transcription And Map
Post-1872 State Water Claims
Pre-1914 water claim located in the Salinas River Valley, California, with an accompanying typed transcription and map prepared by the Law Office of Patrick J. Maloney and filed on July 20, 1996, at the California State Water Resources Control Board. The recorded notice states that claimant had "taken up, claimed and appropriated the water flowing in and through the stream or river known as the Arroyo Seco and of the intention to divert for the useful purpose of irrigating lands located on or convenient to the Arroyo Seco.
Honest Copying Practices, Joseph P. Fishman
Honest Copying Practices, Joseph P. Fishman
Vanderbilt Law School Faculty Publications
One of intellectual property theory’s operating assumptions is that creating is hard while copying is easy. But it is not always so. Copies, though outwardly identical, can come from different processes, from cheap digital duplication to laborious handmade re-creation. Policymakers around the world face a choice whether such distinctions should affect liability. The two branches of intellectual property that condition liability on actual copying, copyright and trade secrecy, give different answers. Both in the United States and elsewhere, trade secrecy regimes distinguish between copying methods deemed illegitimate and those deemed legitimate, what international treaties call “honest commercial practices.” Copyright regimes, …
1921 - Third Biennial Report Of The State Water Commission Of California
1921 - Third Biennial Report Of The State Water Commission Of California
Miscellaneous Documents and Reports
The State Water Commission, an administrative and quasi-judicial body having supervision over the acquisition and defining of water rights and the use of water from the natural stream channels and lakes of California, was created to carry out the terms of the Water Commission Act of 1913. The act provided for a definite record of water right titles and constituted a code of water law governing the use of surface water and underground water flowing through known and definite channels, based upon rights by appropriation. The third report of the Water Commission noted the increase in work in terms of …
1877, March 3 - 19 Stat. 377, Act For Sale Of Desert Lands
1877, March 3 - 19 Stat. 377, Act For Sale Of Desert Lands
US Government Legislation and Statutes
The Act provided that desert land could be purchased for $.25 per acre upon the filing of a declaration indicating that the purchaser intended to reclaim a tract of desert land not exceeding one section by conducting water upon the same within a period of three years. The right to the use of water on or to any tract of desert land of six hundred and forty acres depended on a bona fide prior appropriation. Such right could not exceed the amount of water actually appropriated and necessarily used for the purpose of irrigation and reclamation. All surplus water over …