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Constitutional Law Commons™

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University of Georgia School of Law

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Articles 121 - 150 of 525

Full-Text Articles in Constitutional Law

When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David Apr 2016

When A Promise Is Not A Promise: Georgia's Law On Non-Compete Agreements, As Interpreted By The Eleventh Circuit In Keener V. Convergys Corporation, Gives Rise To Comity And Federalism Concerns, Christopher D. David

Georgia Journal of Law & Technology

No abstract provided.


Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin Apr 2016

Etw Corp. V. Jireb Publishing, Inc.: Turning An Athlete's Publicity Over To The Public, Michael J. Breslin

Georgia Journal of Law & Technology

No abstract provided.


"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko Apr 2016

"Every Artist Is A Cannibal, Every Poet Is A Thief": Why The Supreme Court Was Right To Reverse The Ninth Circuit In Dastar Corp. V. Twentieth Century Fox Film Corp., Joshua K. Simko

Georgia Journal of Law & Technology

No abstract provided.


Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace Apr 2016

Losing The Forest Among The Trees In The Festo Saga-Rationalizing The Doctrine Of Equivalents And Prosecution History Estoppel In View Of The Historical Justifications For Patent Protection, Ryan Thomas Grace

Georgia Journal of Law & Technology

No abstract provided.


The Teaching Of International Law, Myres S. Mcdougal Apr 2016

The Teaching Of International Law, Myres S. Mcdougal

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Henry Darwin Apr 2016

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Elihu Lauterpacht Apr 2016

The Place Of Policy In International Law, Elihu Lauterpacht

Georgia Journal of International & Comparative Law

No abstract provided.


The Place Of Policy In International Law, Oscar Schachter Apr 2016

The Place Of Policy In International Law, Oscar Schachter

Georgia Journal of International & Comparative Law

No abstract provided.


The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson Apr 2016

The Dmca: A Modern Version Of The Licensing Act Of 1662, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard Apr 2016

Copyright Term Extensions, The Public Domain And Intertextuality Intertwined, Ashley Packard

Georgia Journal of Law & Technology

No abstract provided.


Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson Apr 2016

Eldred V. Reno: An Example Of The Law Of Unintended Consequences, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender Apr 2016

Uncertainty And Unpredictability In Patent Litigation: The Time Is Ripe For A Consistent Claim Construction Methodology, Gretchen Ann Bender

Georgia Journal of Law & Technology

No abstract provided.


Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson Apr 2016

Phantom Trademarks: Good Law Or Chain Rattling? The Negative Effects Of Strict Interpretation Of The Lanham Act In The International Flavors And Fragrances Decision, James E. Carlson

Georgia Journal of Law & Technology

No abstract provided.


Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid Apr 2016

Defining The Patent And Copyright Term: Term Limits And The Intellectual Property Clause, Edward C. Walterscheid

Georgia Journal of Law & Technology

No abstract provided.


The Internet Tax Freedom Act: Necessary Protection Or Deferral Of The Problem?, Timothy Fallaw Apr 2016

The Internet Tax Freedom Act: Necessary Protection Or Deferral Of The Problem?, Timothy Fallaw

Georgia Journal of Law & Technology

No abstract provided.


Of Mice And 'Manimal': The Patent & Trademark Office's Latest Stance Against Patent Protection For Human-Based Inventions, James P. Daniel Apr 2016

Of Mice And 'Manimal': The Patent & Trademark Office's Latest Stance Against Patent Protection For Human-Based Inventions, James P. Daniel

Georgia Journal of Law & Technology

No abstract provided.


Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii Apr 2016

Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii

Georgia Journal of Law & Technology

No abstract provided.


Does Your Claim Conform To Means-Plus-Function Format Under Section 112, Paragraph Six?: 0.1 Corp. V. Tekmar Co., Fidel D. Nwamu Apr 2016

Does Your Claim Conform To Means-Plus-Function Format Under Section 112, Paragraph Six?: 0.1 Corp. V. Tekmar Co., Fidel D. Nwamu

Georgia Journal of Law & Technology

No abstract provided.


Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth Apr 2016

Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth

Georgia Journal of Law & Technology

No abstract provided.


If It Ain't Broke, Don't Fix It: The Unnecessary Scope Of Patent Reform As Embodied In The "21st Century Patent System Improvement Act" And "The Omnibus Patent Act Of 1997", Jeffery E. Robertson Apr 2016

If It Ain't Broke, Don't Fix It: The Unnecessary Scope Of Patent Reform As Embodied In The "21st Century Patent System Improvement Act" And "The Omnibus Patent Act Of 1997", Jeffery E. Robertson

Georgia Journal of Law & Technology

No abstract provided.


Tee'd Off - Golf Course Designers Score Double Bogey In Search For Protection Of Their Hole Designs, Robert D. Howell Apr 2016

Tee'd Off - Golf Course Designers Score Double Bogey In Search For Protection Of Their Hole Designs, Robert D. Howell

Georgia Journal of Law & Technology

No abstract provided.


Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson Apr 2016

Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo Apr 2016

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Georgia Journal of Law & Technology

No abstract provided.


Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari Apr 2016

Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari

Georgia Journal of Law & Technology

No abstract provided.


Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren Apr 2016

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Georgia Journal of Law & Technology

No abstract provided.


Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee Apr 2016

Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee

Georgia Journal of Law & Technology

No abstract provided.


Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp Apr 2016

Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp

Georgia Journal of Law & Technology

No abstract provided.


File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut Apr 2016

File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut

Georgia Journal of Law & Technology

No abstract provided.


Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry Apr 2016

Constitutional Law-Aliens-Civil Service Commission Regulation Demanding Citizenship As A Prerequisite To Employment Deprives Resident Aliens Of Liberty Without Due Process Of Law, Sheryl A. Newberry

Georgia Journal of International & Comparative Law

No abstract provided.


Standing For (And Up To) Separation Of Powers, Kent H. Barnett Apr 2016

Standing For (And Up To) Separation Of Powers, Kent H. Barnett

Scholarly Works

The U.S. Constitution requires federal agencies to comply with separation-of-powers (or structural) safeguards, such as by obtaining valid appointments, exercising certain limited powers, and being sufficiently subject to the President’s control. Who can best protect these safeguards? A growing number of scholars call for allowing only the political branches — Congress and the President — to defend them. These scholars would limit or end judicial review because private judicial challenges are aberrant to justiciability doctrine and lead courts to meddle in minor matters that rarely effect regulatory outcomes.

This Article defends the right of private parties to assert justiciable structural …