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Articles 199591 - 199620 of 546111
Full-Text Articles in Law
Exhaustion And First Sale In Intellectual Property, Michael V. Sardina
Exhaustion And First Sale In Intellectual Property, Michael V. Sardina
Santa Clara Law Review
No abstract provided.
Patent Exhaustion: What's It Good For, Vincent Chiapetta
Patent Exhaustion: What's It Good For, Vincent Chiapetta
Santa Clara Law Review
No abstract provided.
Exhausting Extraterritoriality, John A. Rothchild
Exhausting Extraterritoriality, John A. Rothchild
Santa Clara Law Review
No abstract provided.
Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli, Irene Calboli
Market Integration And (The Limits Of) The First Sale Rule In North American And European Trademark Law, Irene Calboli, Irene Calboli
Santa Clara Law Review
No abstract provided.
Exhaustion Of Trademarks And Parallel Imports In China, Daniel Chow
Exhaustion Of Trademarks And Parallel Imports In China, Daniel Chow
Santa Clara Law Review
No abstract provided.
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory Scott Crespi
The Trillion Dollar Problem Of Underwater Homeowners: Avoiding A New Surge Of Foreclosures By Encouraging Principal-Reducing Loan Modifications, Gregory Scott Crespi
Santa Clara Law Review
No abstract provided.
Measuring A Degree Of Deference Institutional Academic Freedom In A Post-Grutter World, Erica Goldberg, Kelly Sarabyn
Measuring A Degree Of Deference Institutional Academic Freedom In A Post-Grutter World, Erica Goldberg, Kelly Sarabyn
Santa Clara Law Review
No abstract provided.
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
A Synopsis Of Texas And Federal Sovereign Immunity Principles: Are Recent Sovereign Immunity Decisions Protecting Wrongful Governmental Conduct., Marilyn Phelan
St. Mary's Law Journal
The Texas Supreme Court recently rendered several decisions involving governmental entities reflecting the court’s inflexible application of the doctrine of sovereign immunity. These decisions raise concerns that the Court may be insulating government employees from adherence to ethical codes of conduct. Just as Congress enacted legislation requiring accuracy and reliability from financial officers of corporations, there exists a similar need for Texas courts to protect the public from governmental harm through misconduct. The current awareness of governmental officials lessens the likelihood of governmental transparency and accountability. This Article analyzes the Court’s current application of the sovereign immunity doctrine to provide …
The Unaviodable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
The Unaviodable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes
Law Student Publications
Section 57-9(A) of the Code of Virginia is a statute that purports to resolve church property disputes. There is, however, a significant amount of controversy as to whether the statute encroaches on the free exercise rights of hierarchical churches located in Virginia and enmeshes Virginia courts in the ecclesiastical thicket. Given the debate surrounding Section 57-9(A) and the controversial shift of several mainstream denominations in matters of substantive church doctrine, Virginia is a fertile breeding ground for church property disputes. Accordingly, the Commonwealth is in the midst of an ecclesiastical crisis. The impact of the crisis is evidenced by the …
No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram
No Exception To The Rule: The Unconstitutionality Of State Immigration Enforcement Laws, Pratheepan Gulasekaram
Publications
No abstract provided.
The Material Support Prosecution And Foreign Policy, Wadie E. Said
The Material Support Prosecution And Foreign Policy, Wadie E. Said
Publications
No abstract provided.
Legal Malpractice Litigation And The Duty To Report Misconduct., Vincent R. Johnson
Legal Malpractice Litigation And The Duty To Report Misconduct., Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of …
Ethically Handling The Receipt Of Possibly Privileged Information., James M. Fischer
Ethically Handling The Receipt Of Possibly Privileged Information., James M. Fischer
St. Mary's Journal on Legal Malpractice & Ethics
Inadvertently sent e-mails that contain privileged information, material negligently included in a discovery response, or employer's documents taken by a whistle-blower all share a common theme-the materials were not intended to be disclosed to the opposing party. This Article makes two contentions. First, all unintended disclosures should be treated under a single standard that asks whether the privilege holder exercised reasonable care in maintaining the confidentiality of the materials. Second, with respect to the receiving lawyer's professional obligations, a lawyer who receives materials that may be privileged should be allowed to read the materials: (1) to determine whether the materials …
Practical Ethics For The Professional Prosecutor., Enrico B. Valdez
Practical Ethics For The Professional Prosecutor., Enrico B. Valdez
St. Mary's Journal on Legal Malpractice & Ethics
In Brady v. Maryland, the United States Supreme Court held that the prosecution's withholding of material exculpatory evidence violated the defendant's due process rights regardless of the absence of bad faith. The implications of this duty can be seen in the case of John Thompson, a man who was convicted of murder in Louisiana in 1985 after the prosecution failed to turn over exculpatory evidence. Thompson was able to get his conviction reversed and subsequently sued the district attorney's office. This Article analyzes Brady and the decisions that followed it to outline the obligations of prosecutors who are in possession …
Circular 230: New Rules Governing Practice Before The Irs., C. John Muller Iv
Circular 230: New Rules Governing Practice Before The Irs., C. John Muller Iv
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses the issue of tax preparer oversight. Currently, anyone may prepare a tax return for a fee. However, those preparers who are not lawyers, certified public accountants, or authorized to practice before the IRS are not required to meet a minimum standard of education, knowledge, training, or skill. After recent government studies revealed that these non-trained tax return preparers were making costly, egregious mistakes, the IRS proposed mandating oversight over any individual who prepares a tax return for compensation. This Article discusses, in depth, the Department of the Treasury's proposed regulations to broaden the authorities of IRS Circular …
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Disappearing Government Information And The Internet's Public Domain, Susan Nevelow Mart
Publications
This article surveys the types and amounts of information that have been removed from the Internet since September 11th. Information has been removed in the name of national security as well as for reasons of seeming political expediency. After discussing the bases of some of the rationales for removing the information, and the legal underpinnings of continued access, the article suggests several forms of advocacy that could be used to return the information to the public's domain.
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Publications
This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities …
An Unintended Casualty Of The War On Terror, Aya Gruber
An Unintended Casualty Of The War On Terror, Aya Gruber
Publications
As the dust of the Bush administration's war on terror settles, casualties are starting to appear on the legal battlefield. The United States' human rights reputation and the Supreme Court's international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …
The Variable Determinacy Thesis, Harry Surden
The Variable Determinacy Thesis, Harry Surden
Publications
This Article proposes a novel technique for characterizing the relative determinacy of legal decision-making. I begin with the observation that the determinacy of legal outcomes varies from context to context within the law. To augment this intuition, I develop a theoretical model of determinate legal decision-making. This model aims to capture the essential features that are typically associated with the concept of legal determinacy. I then argue that we can use such an idealized model as a standard for expressing the relative determinacy or indeterminacy of decision-making in actual, observed legal contexts. From a legal theory standpoint, this approach - …
Remembering Judge Ronald N. Davies: A Giant Among Us, Ralph R. Erickson
Remembering Judge Ronald N. Davies: A Giant Among Us, Ralph R. Erickson
North Dakota Law Review
No abstract provided.
A False Light In The Darkness: Protecting Consumers And Creditors From The Debt Settlement Industry, Jonathan L. Voigt
A False Light In The Darkness: Protecting Consumers And Creditors From The Debt Settlement Industry, Jonathan L. Voigt
North Dakota Law Review
No abstract provided.
North Dakota Supreme Court Review, North Dakota Law Review Associate Editors
North Dakota Supreme Court Review, North Dakota Law Review Associate Editors
North Dakota Law Review
No abstract provided.
Sentencing And Punishment—Sentencing Guidelines: The Sentencing Reform Act Precludes Courts From Lengthening A Prison Sentence Solely To Foster Offender Rehabilitation, Shanna L. Brown
North Dakota Law Review
No abstract provided.
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut
Fordham International Law Journal
While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been gaining significance in European human rights law since the 1990s. An overall assessment of the cases decided by the European Court of Human Rights ("ECtHR") and domestic courts of the member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties that have criticized state policies on …
Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert
Working Toward A Legally Enforceable Nuclear Non-Proliferation Regime, Ronald J. Sievert
Fordham International Law Journal
The foundation of the international effort to stop the proliferation of nuclear weapons is the Nuclear Non-Proliferation Treaty ("NPT"). This Article proceeds in three parts. Part I proposes a new Nuclear Non-Proliferation Treaty. Part II contains preliminary observations regarding the Security Council, General Assembly and Zanger Committee provisions of the new treaty and then addresses the basic question of why nations might be willing to scrap the established NPT in favor of this new proposed agreement. Finally, Part III discusses how the advent of international institutions and the increasing incorporation of international law into the framework of domestic, regional and …
Assessing The Applicability Of The Business Judgment Rule And The "Defensive" Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Charlie Xiao-Chuan Weng
Assessing The Applicability Of The Business Judgment Rule And The "Defensive" Business Judgment Rule In The Chinese Judiciary: A Perspective On Takeover Dispute Adjudication, Charlie Xiao-Chuan Weng
Fordham International Law Journal
Since China's accession to the World Trade Organization ("WTO") on November 10, 2001, corporate China has been struggling to dismantle the inefficient management systems formed in the era of the planned economy, and it barely survives under the more competitive market economy environment that began to form in 1978. In order to become stronger, both before and after WTO admission, many corporations have been trying to restructure and grow by devouring others. Part I of this Essay provides a basic summary of the business judgment rule and the "defensive" business judgment rule. Part II discusses some of the difficulties that …
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
The Complementary Faces Of Legitimacy In International Law: The Legitimacy Of Origin And The Legitimacy Of Exercise, Jean D'Aspremont, Eric De Brabandere
Fordham International Law Journal
Global governance rests on the exercise of public authority by a myriad of actors. In the international order, the more powers and influence these actors acquire, the more their legitimacy proves to be controversial. It is submitted here that the legitimacy of international, regional, and domestic actors that partake in global governance—those considered here as global actors—must be appraised from a two-fold standpoint. Their legitimacy can first be gauged through the lens of the origin of their powers. This is what this Article calls the legitimacy of origin. The origin of the power may often prove an insufficient indicator of …
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Fordham International Law Journal
Part I of this Essay briefly addresses the legal basis for attribution of liability as established by the CJ in Akzo Nobel. Part II discusses the Commission's new attribution policy for joint venture infringements and its compatibility with EU case law. Part III discusses the application of the concept of joint and several liability in joint venture situations.
Nuclear Weapons And Compliance With International Humanitarian Law And The Nuclear Non-Proliferation Treaty, Charles J. Moxley Jr., John Burroughs, Jonathan Granoff
Nuclear Weapons And Compliance With International Humanitarian Law And The Nuclear Non-Proliferation Treaty, Charles J. Moxley Jr., John Burroughs, Jonathan Granoff
Fordham International Law Journal
This Essay proceeds in three Parts. Part I describes the effects of nuclear weapons and the many calls in recent years from across the political spectrum for the abolition of nuclear weapons, including such calls by President Obama both as presidential candidate and as president. Part II describes the Obama NPR and the many respects in which it backs away from the avowed objective of abolition by continuing the United States' Cold War posture, which was premised on the putative legitimacy of nuclear weapons and deterrence and in defiance of international law. Part III suggests how a nuclear posture committed …
Obama's Nuclear Posture Review: An Ambitious Program For Nuclear Arms Control But A Retreat From The Objective Of Nuclear Disarmament, Charles J. Moxley Jr.
Obama's Nuclear Posture Review: An Ambitious Program For Nuclear Arms Control But A Retreat From The Objective Of Nuclear Disarmament, Charles J. Moxley Jr.
Fordham International Law Journal
President Barack Obama and US political and policy leaders across the political spectrum have in recent years spoken about the need to eliminate nuclear weapons because of the dangers they pose. In 1970, the United States agreed by Article VI of the Nuclear Non-Proliferation Treaty ("NPT") to negotiate nuclear disarmament in good faith. The International Court of Justice ("ICJ") in 1996 found that this is an obligation not just to begin but also to "bring to a conclusion negotiations leading to nuclear disarmament in all its aspects under strict and effective international control." International humanitarian law ("IHL") prohibits the use …