Law Commons^™

An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Plus Ça Change. . . . How A French Court May Have Changed Internet Advertising Forever: Google France Fined For Selling Trademarked "Keywords", Brett August

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

How The Established Business Relationship Exemption To The National Do-Not-Call Registry Forces Consumers To Pay For Unwanted Sales Calls, Shannon D. Torgerson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Revisiting Standard-Setting Organizations' Patent Policies, Kraig A. Jakobsen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

New Strategies For Owners Of Discontinued Brands, David S. Ruder

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Demystifying The Madrid Protocol, John M. Murphy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Right To Play, Edward Castronova

NYLS Law Review

No abstract provided.

Law Is The Answer? Do We Know That For Sure?: Questioning The Efficacy Of Legal Interventions For Battered Women, Leigh Goodmark

Saint Louis University Public Law Review

No abstract provided.

The C Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy

St. Thomas Law Review

For over two thousand years, since the times of Jesus Christ, society has valued collegiality as one of its pillars in advancing human relationship: "Now I plead with you, brethren, by the name of our Lord Jesus Christ, that you all speak the same thing, and that there be no divisions among you, but that you be perfectly joined together in the same and in the same judgment." Collegiality is "cooperative interaction among colleagues. Put another way, collegiality results when two or more individuals who are willing to engage in a common enterprise (the "cooperative" component), actually engage or participate …

Dawn Raids Here At Home - The Danger Of Vanishing Privacy Expectations For Corporate Employees, Sarah Plotkin Paul

St. Thomas Law Review

This article posits that, due to the limited and diminishing privacy protections for corporate employees, Fourth Amendment jurisprudence is closer to permitting dawn raids in the workplace than popular opinion might suggest. First, the employee "standing" requirement to challenge an illegal search means employees must have a privacy interest in the particular workspace searched. In certain instances, then, individual employees have no way of protesting the use of illegally obtained corporate documents against them, including documents they have authored. Second, there may be few protections available to employees insofar as modem, widely-used workplace technologies are concerned, such as company computers …

Combatting Money Laundering And International Terrorism: Does The Usa Patriot Act Require The Judicial System To Abandon Fundamental Due Process In The Name Of Homeland Security?, Joan M. O'Sullivan-Butler

St. Thomas Law Review

The main question, therefore, in light of the terrorist attacks of September 11 th and the U.S. government's attempt to combat money laundering as a source of potential terrorist funding, is whether the government's use of secret evidence to justify a challenged blocking order represents a violation of the fundamental due process rights of the aggrieved party. In an attempt to evaluate this issue, the remainder of this essay is divided into four Parts. Part I provides an overview of the connection between money laundering and terrorism. Part II describes the statutory history and legislative background to the money laundering …

Of The Worshipful Warrior: Sanctuary And Punishment In The Middle Ages, Trisha Olson

St. Thomas Law Review

Part One discusses the traditional account of sanctuary and suggests ways in which it is problematic. Part Two offers an alternative understanding of sanctuary that stresses its kinship with the entire panorama of procedural and moral forces that together composed early medieval law. In Part Three attention is given to the juridical and canonical arguments that led to sanctuary's eventual renunciation.

The Ethnic Greeks Of Turkey: The Present Situation Of The Greek Minority And Turkey's Human Rights Obligations Under International, Steven S. Skenderis

St. Thomas Law Review

In 1923, the Treaty of Lausanne ended the Greek-Turkish war of 1919-1922 and established two distinct minorities in both Greece and Turkey after a convention signed at the same time provided for the compulsory exchanges of populations; about a million and a half Greeks left Turkey for Greece, and about a half-million Turks left Greece for Turkey.' The Convention established that the Greeks of Istanbul, the Aegean islands of Imvros and Tenedos, and the Eastern Orthodox Christian Patriarchate would be allowed to remain in Turkey, while (to ensure a numerical balance) the Turks of Western Thrace were allowed to remain …

The Alien Tort Claims Act: Theoretical And Historical Foundations Of The Alien Tort Claims Act And Its Discontents: A Reality Check, Ralph G. Steinhardt

St. Thomas Law Review

This essay offers an overview of the ATCA (Aline Tort Claims Act), including its origins and early history as well as its contemporary use (and limits) as a tool for victims and survivors of human rights abuse to seek compensation from their abusers when they can be found in the United States. The essay also distinguishes between the reasonable and the unreasonable attacks on the ATCA, which have become especially strident in the last few years, with the Bush Administration breaking strongly with prior administrations in the interpretation of the act. The current attack on the statute rests on a …

Corporate Social Responsibility, Unmasked, Terry Collingsworth

St. Thomas Law Review

The scope and future of the Alien Tort Claims Act ("ATCA") may well be decided this term by the Supreme Court in Alvarez-Machain v. United States. However that case is decided, the review process has exposed an extremely critical issue that has great significance to the future of the global economy. The major international business organizations in the United States, including the National Foreign Trade Council ("NFTC"), the U.S. Chamber of Commerce, the U.S. Council for International Business and the U.S. Business Roundtable, collectively filed an amicus curiae brief in Alvarez-Machain ("NFTC Brief") that explicitly states what those of us …

Bringing Reason And History Onto The Same Page: Lobato V. Taylor And The Struggle Over The Common Lands Of Spanish And Mexican Land Grants, Placido G. Gomez

St. Thomas Law Review

Lawyers, scholars and commentators have struggled for decades to articulate the proper role of Spanish and Mexican law and culture in the context of land grant litigation. Historians and legal scholars have suggested that the clash of two distinct and incompatible land tenure systems was, and still is, at the core of the issue. Other scholars and commentators posit that land grant policy and litigation was driven by the United States' early twentieth century quest to organize its public domain and the unscrupulous efforts of land speculators. The efforts of academics, for the most part, did not provide the assistance …

Let's Not "Spit The Bit" In Defense Of "The Law Of The Horse": The Historical And Legal Development Of American Thoroughbred Racing, Joan S. Howland

Marquette Sports Law Review

No abstract provided.

Preface, Tanina Rostain, Donald H. Zeigler

NYLS Law Review

No abstract provided.

The Honorable Jose A. Cabranes, United States Court Of Appeals For The Second Circuit, Jose A. Cabranes

NYLS Law Review

No abstract provided.

The Honorable Jack B. Weinstein, United States District Court For The Eastern District Of New York, Jack B Weinstein

NYLS Law Review

No abstract provided.

The Honorable Nina Gershon, United States District Court For The Eastern District Of New York, Nina Gershon

NYLS Law Review

No abstract provided.

Introduction To W. Bernard Richland's Address Before The National Institute For Municipal Law Officers On October 15, 1975, Courtney Rineer

NYLS Law Review

No abstract provided.

Address Of W. Bernard Richland, Corporation Counsel Of The City Of New York, Before The National Institute Of Municipal Law Officers And World Conference On Law At Washington, D.C., W. Bernard Richland

NYLS Law Review

No abstract provided.

Virtual Worlds As Comparative Law, James Grimmelmann

NYLS Law Review

No abstract provided.

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

International Decision: United States--Continued Dumping And Subsidy Offset Act Of 2000, Mark L. Movsesian

Faculty Publications

This brief article is a report of an international decision of the World Trade Organization Appellate Body on January 16, 2003, concerning the United States’ Continued Dumping and Subsidy Offset Act of 2000 (WT/DS217 & 234/AB/R). Eleven WTO members—Australia, Brazil, Canada, Chile, the European Communities, India, Indonesia, Japan, Korea, Mexico, and Thailand—filed a challenge to the Byrd Amendment in the summer of 2001. A WTO dispute settlement panel, agreeing with the complaining parties, made two major findings. First, the panel concluded that the Byrd Amendment constitutes an impermissible specific action against dumping and subsidization under the Antidumping and SCM Agreements. …

Against Global Governance In The Wto, John O. Mcginnis, Mark L. Movsesian

Faculty Publications

In "Global Governance and the WTO," Professor Andrew Guzman has done an impressive job of articulating a vision of the World Trade Organization (WTO) that many international lawyers share. In this vision, the WTO's mission should be expanded beyond its present task of facilitating tariff reductions and preventing covert protectionism. Rather, the WTO should take on substantive authority in a wide variety of non-trade areas, including the environment, labor, human rights, and public health. Unlike many people who share this vision, Guzman takes the time to describe how it might best be accomplished. He advocates specialized WTO departments and periodic …

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica Silbey

Faculty Scholarship

This Article exposes internal contradictions in case law deciding the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence," that category of evidence that purports to illustrate other evidence rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional …

Three Views Of Visiting, Terrill Pollman, Jim Levy, Samantha Moppett

Scholarly Works

A panel discussion among legal writing instructors of the pros and cons of accepting visiting teaching positions at other law schools.

The International Privacy Regime, Tim Wu

Faculty Scholarship

Privacy has joined one of many areas of law understandable only by reference to the results of overlapping and conflicting national agendas. What has emerged as the de facto international regime is complex. Yet based on a few simplifying principles, we can nonetheless do much to understand it and predict its operation.

First, the idea that self-regulation by the internet community will be the driving force in privacy protection must be laid to rest. The experience of the last decade shows that nation-states, powerful nation-states in particular, drive the system of international privacy. The final mix of privacy protection that …