Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 195961 - 195990 of 544973

Full-Text Articles in Law

Toward A More Multi-Functional Rural Landscape: Community Approaches To Rural Land Stewardship, Anthony B. Schutz Jan 2011

Toward A More Multi-Functional Rural Landscape: Community Approaches To Rural Land Stewardship, Anthony B. Schutz

Fordham Environmental Law Review

No abstract provided.


Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine Jan 2011

Regional Foodsheds: Are Our Local Zoning And Land Use Regulations Healthy?, Patricia E. Salkin, Amy Lavine

Fordham Environmental Law Review

No abstract provided.


Foodshed Foundations: Law's Role In Shaping Our Food System's Future, Margaret S. Mccabe Jan 2011

Foodshed Foundations: Law's Role In Shaping Our Food System's Future, Margaret S. Mccabe

Fordham Environmental Law Review

No abstract provided.


Climate Change, Food Security, And Agrobioversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez Jan 2011

Climate Change, Food Security, And Agrobioversity: Toward A Just, Resilient, And Sustainable Food System, Carmen G. Gonzalez

Fordham Environmental Law Review

No abstract provided.


Milking It: Reconsidering The Fda's Refusal To Require Labeling Of Dairy Products Produced From Rbst Treated Cows In Light Of International Dairy Foods Association V. Boggs, Laurie J. Beyranevand Jan 2011

Milking It: Reconsidering The Fda's Refusal To Require Labeling Of Dairy Products Produced From Rbst Treated Cows In Light Of International Dairy Foods Association V. Boggs, Laurie J. Beyranevand

Fordham Environmental Law Review

No abstract provided.


Sustainable Habitat Restoration: Fish, Farms, And Ecosystem Services, Keith H. Hirokawa [email protected], Charles Gottlieb Jan 2011

Sustainable Habitat Restoration: Fish, Farms, And Ecosystem Services, Keith H. Hirokawa [email protected], Charles Gottlieb

Fordham Environmental Law Review

No abstract provided.


How Great Cities Are Fed Revisited: Ten Municipal Policies To Support The New York City Foodshed, Nevin Cohen Jan 2011

How Great Cities Are Fed Revisited: Ten Municipal Policies To Support The New York City Foodshed, Nevin Cohen

Fordham Environmental Law Review

No abstract provided.


America's New Agrarians: Policy Opportunities And Legal Innovations To Support New Farmers, Neil D. Hamilton Jan 2011

America's New Agrarians: Policy Opportunities And Legal Innovations To Support New Farmers, Neil D. Hamilton

Fordham Environmental Law Review

No abstract provided.


When Mixed Use Development Moves In Next Door: Finding A Home For Public Discourse And Input, Dorothy D. Nachman Jan 2011

When Mixed Use Development Moves In Next Door: Finding A Home For Public Discourse And Input, Dorothy D. Nachman

Fordham Environmental Law Review

No abstract provided.


Energy (In)Efficiency Of The Local Food Movement: Food For Thought, Lauren Kaplin Jan 2011

Energy (In)Efficiency Of The Local Food Movement: Food For Thought, Lauren Kaplin

Fordham Environmental Law Review

No abstract provided.


Legal Pluralism, Gender, And Access To Land In Ghana, Tracy Higgins, Jeanmarie Fenrich Jan 2011

Legal Pluralism, Gender, And Access To Land In Ghana, Tracy Higgins, Jeanmarie Fenrich

Fordham Environmental Law Review

No abstract provided.


Branded Versus Generic Competition - A Kind Word For The Branded Drugs, Richard A. Epstein Jan 2011

Branded Versus Generic Competition - A Kind Word For The Branded Drugs, Richard A. Epstein

UC Law Science and Technology Journal

Much of the extensive commentary on the six month coexclusivity period allowed by the Hatch-Waxman Act focuses excessively on attempts by pioneer drug companies to extend their joint monopoly power by making complex deals with the first new entrant. In this article, I broaden the analytical framework to address a more serious problem that the conventional analysis overlooks: the decreased rate of innovation in the medical field that is attributable in large part to shorter patent exclusivity periods resulting from heightened requirements for FDA approval. As the low-hanging fruit disappears, the rate of new drug discovery drops just as the …


A Review Of Post-Pga Tour, Inc. V. Martin Legal Developments Regarding The Participation Rights Of Disabled Athletes, Matthew J. Mitten Jan 2011

A Review Of Post-Pga Tour, Inc. V. Martin Legal Developments Regarding The Participation Rights Of Disabled Athletes, Matthew J. Mitten

Faculty Publications

No abstract provided.


Analysis Of The Entire Market Value Rule In Complex Technology Litigation: Arduous Royalty Base Determinations, Unjust Damage Rewards, And Empirical Approaches To Measuring Consumer Demand, Ravi Mohan Jan 2011

Analysis Of The Entire Market Value Rule In Complex Technology Litigation: Arduous Royalty Base Determinations, Unjust Damage Rewards, And Empirical Approaches To Measuring Consumer Demand, Ravi Mohan

Santa Clara High Technology Law Journal

No abstract provided.


The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli Jan 2011

The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli

Faculty Publications

Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law—protecting consumers and market competition—in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products’ “sponsorship” or “affiliation” as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have not offered, …


Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda Jan 2011

Constitutional Contracts Clause Challenges In Public Pension Litigation, Paul M. Secunda

Faculty Publications

The recent spate of high profile efforts by state governors to roll back public employee pension rights in light of recent budgetary challenges has shone the light directly on the importance to public employees of the Contracts Clause provisions of the federal and state constitutions. Using as an example the controversial budget repair bill in Wisconsin and the application of the bill’s pension provisions to Milwaukee City employee pension rights, this article has sought to show how, under certain specified circumstances, such legislative attempts may be constitutionally impermissible if such laws substantially impair employee contracts with the state without the …


Analyzing The Non-Competition Covenant As A Category Of Intellectual Property Regulation, Charles Tait Graves Jan 2011

Analyzing The Non-Competition Covenant As A Category Of Intellectual Property Regulation, Charles Tait Graves

UC Law Science and Technology Journal

Non-competition covenants operate as a type of intellectual property regulation-somewhat akin to trade secret law-but are rarely analyzed as such. Some commentators believe non-compete covenants are a problem for regional economic development. Others promote their enforceability on a theory that restrictive covenants reflect the employer's provision of employee training appropriately allow litigants to avoid having to prove a trade secret case against a departing employee. This article disagrees with the latter group and offers an intellectual property-based analysis of non-competition covenants. At the heart of this essay is a fifteen-point synopsis of how non-competition covenants function with respect to innovation …


Subverting New Media For Profit: How Online Social Media Black Markets Violate Section 5 Of The Federal Trade Commission Act, Peter Touschner Jan 2011

Subverting New Media For Profit: How Online Social Media Black Markets Violate Section 5 Of The Federal Trade Commission Act, Peter Touschner

UC Law Science and Technology Journal

Social media can be broadly defined as a category of sites centered on user participation and user-generated content. Prominent social media sites include Facebook, YouTube, Delicious, Digg, Reddit, and Twitter. In the U.S., interaction on such sites accounts for nearly a quarter of all time spent on the Internet, topping email and games as the most popular online activity. Given the rise of social media and its increasing influence over consumer market choices, a few firms have sought to game social media systems by setting up "black markets" for social media votes and actions. These firms act as middlemen, charging …


Licensee Patent Validity Challenges Following Medimmune: Implications For Patent Licensing, Alfred C. Server, Peter Singleton Jan 2011

Licensee Patent Validity Challenges Following Medimmune: Implications For Patent Licensing, Alfred C. Server, Peter Singleton

UC Law Science and Technology Journal

The recent Supreme Court decision in MedImmune v. Genentech, resolved a jurisdictional question while refusing to address questions regarding application of the common law doctrine of licensee estoppel. This doctrine prevents a licensee enjoying the benefits of a license agreement from challenging the validity of the underlying patent. Although the Supreme Court in Lear v. Adkins rejected application of the doctrine where the licensee had ceased making payments under the agreement, it left open the same question which the MedImmune Court mentioned, but refused to address. Namely: Whether the doctrine still applies to a non-repudiating licensee in good standing. In …


Searching For Women And Sustainable Development In Columbia: Restructuring The Limits, Helena A. Garcia Jan 2011

Searching For Women And Sustainable Development In Columbia: Restructuring The Limits, Helena A. Garcia

Fordham Environmental Law Review

No abstract provided.


The Fracturing Of Place: The Regulation Of Marcellus Shale Development And The Subordination Of Local Experience, Nancy D. Perkins Jan 2011

The Fracturing Of Place: The Regulation Of Marcellus Shale Development And The Subordination Of Local Experience, Nancy D. Perkins

Fordham Environmental Law Review

No abstract provided.


Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn Jan 2011

Acta’S Constitutional Problem: The Treaty Is Not A Treaty, Sean Flynn

Joint PIJIP/TLS Research Paper Series

The planned entry of the U.S. into the Anti-Counterfeiting Trade Agreement (ACTA) poses a unique Constitutional problem. The problem is that the President lacks constitutional authority to bind the U.S. to the agreement without congressional consent; but that lack of authority may not prevent the U.S. from being bound to the agreement under international law. If the administration succeeds in its plan, ACTA may be a binding international treaty (under international law) that is not a treaty (under U.S. Constitutional law).


Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin Jan 2011

Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin

Human Rights Brief

No abstract provided.


Overcoming Domestic Legal Impediments To The Investigation And Prosecution Of Human Rights Violations: The Case Of Argentina, Fabián Raimondo Jan 2011

Overcoming Domestic Legal Impediments To The Investigation And Prosecution Of Human Rights Violations: The Case Of Argentina, Fabián Raimondo

Human Rights Brief

No abstract provided.


Homosexual Single Individuals’ Right To Adopt Before The European Court Of Human Rights And In The French Legal Context, Elena Falletti Jan 2011

Homosexual Single Individuals’ Right To Adopt Before The European Court Of Human Rights And In The French Legal Context, Elena Falletti

Human Rights Brief

No abstract provided.


International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush Jan 2011

International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush

Human Rights Brief

No abstract provided.


Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio Jan 2011

Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker Jan 2011

Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker

Human Rights Brief

No abstract provided.


Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery Jan 2011

Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery

Human Rights Brief

No abstract provided.


Book Reviews, Holly Chapin, Amparo Martínez-Guerra Jan 2011

Book Reviews, Holly Chapin, Amparo Martínez-Guerra

Human Rights Brief

No abstract provided.