Law Commons^™

Coercion Will Not Protect Trademark Owners In China, But An Understanding Of China's Culture Will: A Lesson The United States Has To Learn, Dalila Hoover

Marquette Intellectual Property Law Review

China remains the single largest producer of pirated and counterfeit goods in the world. The purpose of this article is to explore the different factors that have impeded effective trademark protection in China. In particular, this article analyzes the cultural barriers between the United States and China, and in doing so, helps one understand the climate of hostility between the two nations when it comes to trademark enforcement. This article further analyzes the constant pressure exercised by the United States against China, which has led to the adoption of trademark laws by the Chinese government at the national and international …

Acta Fool Or: How Rights Holders Learned To Stop Worrying And Love 512’S Subpoena Provisions, Colin E. Shanahan

Marquette Intellectual Property Law Review

This comment argues against the adoption of the proposed Anti-Counterfeiting Trade Agreement. Specifically, that the ACTA provision establishing “[p]rocedures enabling right holders who have given effective notification of a claimed infringement to expeditiously obtain information identifying the alleged infringer” should not extend the current subpoena provisions of 17 USC § 512(h) to encompass p2p networks. The Comment discusses the current U.S. law and cases, why the rights holders want the ACTA Agreeement and argues why the ACTA agreement should not be adopted.

Table Of Contents

Marquette Intellectual Property Law Review

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A Sui Generis Regime For Traditional Knowledge: The Cultural Divide In Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

To some extent, traditional knowledge can be protected under various intellectual property laws, but there is no effective international legal protection for this subject matter. This has led to proposals for a sui generis regime to protect traditional knowledge. The precise contours of the right are yet to be determined but a sui generis right could include perpetual protection. It could also result in protection for historical communal works and for knowledge that may be useful but that is not inventive according to the standards of intellectual property law.

Developing countries have been more supportive of an international traditional knowledge …

Shortcuts In Employment Discrimination Law, Kerri Lynn Stone

Faculty Publications

Are employment discrimination plaintiffs viewed by society and by judges with an increased skepticism? This article urges that the same actor inference, the stray comment doctrine, and strict temporal nexus requirements, as courts have applied them, make up a larger and dangerous trend in the area of employment discrimination jurisprudence- that of courts reverting to special, judge-made "shortcuts" to curtail or even bypass analysis necessary to justify the disposal or proper adjudication of a case. This shorthand across different doctrines reveals a willingness of the judiciary to proxy monolithic assumptions for the individualized reasoned analyses mandated by the relevant antidiscrimination …

The First Amendment ... United, Joel Gora

Faculty Scholarship

No abstract provided.

The Constitution Of The State Of Connecticut, Sacred Heart University Press

Sacred Heart University Press Books

Text of the Constitution of the State of Connecticut, including Preamble and Amendments to the Constitution. Preface by Deborah G. Stevenson, J.D. and Gary L. Rose, Ph.D.

The text of the Constitution is from the Secretary of the State of the State of Connecticut, Register Manual, Constitution of the State of Connecticut at < http://www.sots.ct.gov/sots/cwp/view.asp?A=3188&Q=392288 >

The Experiential Future Of The Law, Adam Kolber

Faculty Scholarship

No abstract provided.

Economists On Deregulation Of The American Legal Profession: Praise And Critique, Benjamin H. Barton

Scholarly Works

Both law professors and economists are discussing deregulation of the American legal profession, often without consulting each other. This symposium essay reviews the book length deregulation argument entitled First Thing We Do, Let’s Deregulate All the Lawyers. The essay argues that Let’s Deregulate is a tremendous addition to the literature: it disregards laws various professional shibboleths and offers a crisp and persuasive argument that the current barriers to entry are very, very costly to law students, clients, and society at large. Let’s Deregulate estimates the 2004 lawyers’ earning premium at $64 billion. The estimation is high, but well supported. Even …

Defamation Of Religion: Rumors Of Its Death Are Greatly Exaggerated, Robert C. Blitt

Scholarly Works

This Article explores the recent decisions by the United Nations (“UN”) Human Rights Council and General Assembly to adopt consensus resolutions aimed at “combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief.” These resolutions represent an effort to move past a decade’s worth of contentious roll call votes in favor of prohibiting defamation of religion within the international human rights framework. Although labeled “historic” resolutions, this Article argues that the UN’s new compromise approach endorsed in 2011 — and motivated in part by the desire to end years …

Whither Secular Bear: The Russian Orthodox Church’S Strengthening Influence On Russia's Domestic And Foreign Policy, Robert C. Blitt

Scholarly Works

As 2012 presidential elections in Russia draw near, evidence points to a collapse in that country’s constitutional obligation of secularism and state-church separation. Although early signs of this phenomenon can be traced back to the Yeltsin era, the Putin and Medvedev presidencies have dealt a fatal blow to secular state policy manifested both at home and abroad, as well as to Russia’s constitutional human rights principles including nondiscrimination and equality of religious beliefs.

The first part of this article argues that leadership changes in the Russian government and the Russian Orthodox Church (ROC) have triggered an unprecedented deepening of state-ROC …

Employment Retaliation And The Accident Of Text, Alex B. Long

Scholarly Works

This Article explores the current and future landscape of employment retaliation law following the Supreme Court’s decisions in Thompson v. North American Stainless, LP and Kasten v. Saint-Gobain Performance Plastics Corp. As the law currently exists, statutory retaliation plaintiffs win or lose largely due to the accident of statutory text rather than the fact that the law is operating as Congress envisioned or as part of a coherent scheme of regulation. In short, the federal approach to workplace retaliation is inefficient, unnecessarily complex, and in need of major reform. Contrary to popular thinking, the article concludes that the text of …

I Can Has Lawyer? The Conflict Between The Participatory Culture Of The Internet And The Legal Profession, Lucille A. Jewel

Scholarly Works

The Internet allows citizens to comment on public affairs with an amplified and unfiltered voice, creating an open, community-based culture where robust debate flourishes. However, many of the ideals and practices of participatory culture clash with the traditional legal culture as it exists in the United States. This cultural conflict can be seen in emerging narratives, in the form of web blogs and lawyer emails that go “viral,” in which lawyers comment on the lack of humanism within big law firm hiring and firing practices; expose the alienating work environments experienced by low-level contract attorneys; or criticize judges who show …

Sticky Forms, Property Rights, And The Law, Larry E. Ribstein

Hofstra Law Review

No abstract provided.

Nearly Toothless: Why The Speech Act Is Mostly Bark, With Little Bite, Elizabeth J. Elias

Hofstra Law Review

No abstract provided.

Turnabout Is Fair Play: The U.S. Response To Mexico’S Request For Bank Account Information, Kevin Presian

Global Business Law Review

This Note argues that the United States needs to come to a compromise with Mexico over Mexico’s request for information concerning interest paid by U.S. banks to residents of Mexico. The United States could ignore Mexico’s request, but that may create animosity between the two nations. Alternatively, the United States could fully comply with Mexico’s request; however, that may lead to strong opposition from the banking sector. It is in the best interest of the United States to model its compromise on the recent compromise between the United States and Switzerland. While there are issues with this compromise that would …

A Comparative Analysis Of The Foreign Corrupt Practices Act And The U.K. Bribery Act, And The Practical Implications Of Both On International Business, Sharifa G. Hunter

ILSA Journal of International & Comparative Law

Prior to 1977, bribery was considered legal in many countries worldwide.!

The Flawed Probabilistic Foundation Of Law & Economics, Alex Stein

Faculty Scholarship

No abstract provided.

The Liability-Offset Theory Of Peracchi, Bradley T. Borden, Douglas L. Longhofer

Faculty Scholarship

No abstract provided.

Good Faith In Revlon-Land, Christopher M. Bruner

Scholarly Articles

The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties.

In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …

The United States Court Of Appeals For Veterans Claims: Has It Mastered Chevron's Step Zero?, Linda Jellum

Articles

No abstract provided.

The Evolutionary Biology Of Fungi And Fraud, Wendy Gerwick Couture

Articles

In this Article, the authors-a law professor and a biologist-offer a fresh perspective on the use of broad federal fraud statutes to combat fraud by drawing a comparison with the use of multi-site fungicides to combat plant disease. Multi-site fungicides are effective at preventing the evolution of resistant strains of fungi, but they are subject to increased regulatory scrutiny amid concerns about off-target toxicity. Similarly, broad fraud statutes serve as a stopgap to prevent the evolution of new types of fraud, but they are widely criticized as unduly vague and as interfering with the operation of specific fraud statutes. Biologists' …

Private Lands, Conflict, And Institutional Evolution In The Post-Public-Lands West, Jerrold A. Long

Articles

No abstract provided.

Illegal Aid: Legal Assistance To Immigrants In The United States, Geoffrey Heeren

Articles

There is an enormous unmet need for immigrant legal aid in the United States. This is partly due to regulations that bar federally funded legal services organizations from representing many types of immigrants. The possible repeal of these restrictions is rarely discussed as a means to expand immigrant access to counsel. Federal funding for immigrant legal aid appears to have become taboo, despite the fact that for much of its history, legal aid was deeply connected to immigration. This forgotten history reveals that there was once broad national consensus in favor of immigrant legal aid; it became contentious and faced …

The Architecture Of Accreditation, Jay Conison

Law Faculty Publications

Accreditation systems can be analyzed in terms of the designer’s choices in three dimensions. One dimension is purpose of accreditation, where purpose may relate to program quality or quality of outcomes. The second dimension consists of types of accreditation norms used to achieve these purposes. There are five principal types of norms available in this dimension: process-quality norms, output norms, power allocation norms, self-determination norms, and consumer-protection norms. The third dimension consists of degree of regulation, which includes prescriptiveness or extensiveness of regulation. A sound accreditation system will make choices along each of these three dimensions. Understanding the range of …

Reform In Motion: The Promise And Perils Of Incorporating Risk Assessments And Cost-Benefit Analysis Into Pennsylvania Sentencing, Steven L. Chanenson

Working Paper Series

Actuarial risk assessment and cost-benefit analyses have become increasingly commonplace in many areas of criminal justice. The integration of these tools in sentencing represents a natural and logical next step. In Pennsylvania, the pace of this development has recently accelerated, as reform legislation now mandates the inclusion of actuarial methodologies into the sentencing architecture. This article considers the promises and the perils of this integration in light of Pennsylvania’s sentencing structure. The authors conclude by presenting four key questions that legislators in Pennsylvania- as well as other jurisdictions beginning to addresses the use of empirical data in sentencing- should consider …

The Limited Diagnosticity Of Criminal Trials, Dan Simon

Vanderbilt Law Review

Few political institutions play as palpable, ubiquitous, and solemn a role in the U.S. public life as the criminal justice system. The task of determining the defendant's criminal liability with a high degree of certitude is performed through the ritualized and highly proceduralized adjudicative process, with the trial at its core. The United States Supreme Court has portrayed the criminal trial as a "decisive and portentous" and "paramount" event. Trials are considered "the central institution of law as we know it," the "crown jewel" of the legal system. Amidst its multiple purposes, an essential objective of the criminal trial is …

Fur Trade 01: Beaver: Mainstay Of The Trade, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 1. Hunting, Hides, and Hats, Environmental Effects, and Why Beaver?

Fur Trade 06: How The Fur Trade Worked, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 6. Government Regulation, From Montreal to the West, and Movement of Goods and Furs.

Fur Trade 09: Fur Trade Society, Rachel B. Juen, Fort St. Joseph Archaeological Project

Fort St. Joseph Archaeological Project

Panel 9. Interdependence, Mutual Influences, and Métis and Country Wives.