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2010

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Articles 31 - 60 of 126

Full-Text Articles in Evidence

Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer Apr 2010

Vol. Xxii, Tab 59 - Ex. 3 - Declaration Of Kris Brewer (Counsel For Google), Kris Brewer

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso Apr 2010

Vol. Xxii, Tab 59 - Ex. 2 - Declaration Of Margret M. Caruso (Counsel For Google), Margret Caruso

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak Apr 2010

Vol. Xxii, Tab 59 - Ex. 1 - Declaration Of Jonathan B. Oblak (Counsel For Google), Jonathan Oblak

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google Apr 2010

Vol. Xxii, Tab 59 - Google's Opposition To Rosetta Stone's Motion For Sanctions, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano Apr 2010

Vol. Xxi, Tab 58 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Response To Google's Objections To Evidence And Motion To Strike, Jennifer Spaziano

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano Apr 2010

Vol. Xx, Tab 57 - Declaration Of Jennifer L. Spaziano In Support Of Rosetta Stone's Motion For Sanctions, Jennifer Spaziano

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone Apr 2010

Vol. Xv, Tab 52 - Rosetta Stone's Reply Brief In Support Of Its Motion For Partial Summary Judgment As To Liability, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone Apr 2010

Vol. Ix, Tab 44 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone Apr 2010

Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Jurisdictional Discovery In United States Federal Courts, S. I. Strong Apr 2010

Jurisdictional Discovery In United States Federal Courts, S. I. Strong

Faculty Publications

The article begins with a discussion of the historical development and jurisprudential bases for jurisdictional discovery, then analyzes the two major structural problems with the device, namely (1) the lack of any identifiable standard regarding when jurisdictional discovery will be ordered and (2) the absence of any understanding about the proper scope of such discovery. Next, the article describes the root causes of these structural inadequacies and proposes several ways to address the root concerns, relying on a new line of Supreme Court precedent (including Ashcroft v. Iqbal) as well as analogies to other common law jurisdictions. The paper concludes …


Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka Apr 2010

Why Modern Evidence Law Lacks Credibility, Daniel D. Blinka

Buffalo Law Review

No abstract provided.


Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya Mar 2010

Appealing To The Legislature: A Comparative Analysis Of The Georgia Statutes Regarding Evidence Preservation And Access To Post-Conviction Dna Testing, Joy D. Aceves-Amaya

University of the District of Columbia Law Review

DNA evidence testing is the leading cause of exonerations in criminal cases throughout the United States.2 Yet, without the preservation of evidence in these cases and the ability to subject this evidence to advancing technology in DNA testing, many claims of innocence go unheard and defendants remain incarcerated while the real perpetrators of crime go unpunished. As of September 2009, seven Georgia men have been exonerated by post-conviction DNA testing.3 Such exonerations should be considered "victories for our criminal justice system: they free the innocent, correct miscarriages of justice that undermine public confidence in our criminal justice system, and allow …


Vol. Xxi, Tab 58 - Ex. 4 - Plaintiff Rosetta Stone's Supplemental Rule 26(A)(1) Disclosures, Rosetta Stone Mar 2010

Vol. Xxi, Tab 58 - Ex. 4 - Plaintiff Rosetta Stone's Supplemental Rule 26(A)(1) Disclosures, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxiv, Tab 61 - Ex. 3 - Rosetta Stone's Supplemental Response To Google's First Set Of Interrogatories, Rosetta Stone Mar 2010

Vol. Xxiv, Tab 61 - Ex. 3 - Rosetta Stone's Supplemental Response To Google's First Set Of Interrogatories, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Xxi, Tab 58 - Ex. 5 - Deposition Of Rose Hagan (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan Mar 2010

Vol. Xxi, Tab 58 - Ex. 5 - Deposition Of Rose Hagan (Former Google Managing Counsel - Trademarks, Jewelry Maker), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


No Witness? No Admission: The Tale Of Testimonial Statements And Melendez-Diaz V. Massachusetts, Jody L. Sellers Mar 2010

No Witness? No Admission: The Tale Of Testimonial Statements And Melendez-Diaz V. Massachusetts, Jody L. Sellers

Mercer Law Review

In Melendez-Diaz v. Massachusetts, the United States Supreme Court held that the Massachusetts trial court's admission into evidence of forensic "certificates of analysis" violated the Confrontation Clause of the Sixth Amendment. Following Crawford v. Washington, the Supreme Court held that the accused has a right to be confronted with the forensic analysts at trial unless "the analysts [are] unavailable to testify at trial" and the accused "had a prior opportunity to cross-examine" the analysts. Melendez-Diaz will have an important impact on criminal evidence procedure, specifically in regard to the potential growth of notice-and-demand statutes.


Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine Mar 2010

Arrival Then Denial: Interpreting §203(A) Of The Clean Air Act, Analyzing Evidentiary Challenges, & Assessing Conflicting Statutory Directives, Jesse Levine

Distinguished Student Research Papers

An “arrival then denial” occurs when uncertified engines arrive at a U.S. port, but are denied entry to the U.S. by Customs & Border Protection (Customs). Why does this matter? In most cases these uncertified engines are sent back to the country of origin. However, due to resource constraints, a sizeable number of uncertified engines slip past Customs and enter the U.S. each year. Uncertified engines, without proper controls, have been estimated to emit at least 30% more emissions than their certified counterparts. Such emissions exacerbate climate change, acid rain, and air quality generally. EPA attorneys assert that their best …


Herring V. United States: The Continued Erosion Of The Exclusionary Rule, Robert W. Smith Mar 2010

Herring V. United States: The Continued Erosion Of The Exclusionary Rule, Robert W. Smith

Mercer Law Review

At its inception, the exclusionary rule was relatively straightforward: The use at trial of evidence obtained from a search or seizure that violated a defendant's Fourth Amendment rights was itself a violation of the defendant's constitutional rights. But throughout the exclusionary rule's history, its source, scope, purpose, and applicability have all seen changes, ultimately limiting the situations in which evidence obtained through a Fourth Amendment violation would be suppressed. The key to the limitation of the exclusionary rule was the United States Supreme Court's eventual conclusion that the use at trial of illegally seized evidence does not always violate the …


Description And The Evidentiary Production Of Images, Kyle J. Mcgee Mar 2010

Description And The Evidentiary Production Of Images, Kyle J. Mcgee

Cardozo Law Review

No abstract provided.


Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond Mar 2010

Juror Testimony Of Racial Bias In Jury Deliberations: United States V. Benally And The Obstacle Of Federal Rule Of Evidence 606(B) , Brandon C. Pond

BYU Law Review

No abstract provided.


No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin Mar 2010

No Longer The Right To Remain Silent: Cross-Examining Forensic Analyst Testimony, Casey Unwin

BYU Law Review

No abstract provided.


Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin Mar 2010

Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin

Cardozo Law Review

No abstract provided.


Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan Mar 2010

Law And Humor In Johnnie To's Justice, My Foot!, Marco Wan

Cardozo Law Review

No abstract provided.


Evidence Verité And The Law Of Film, Jessica Silbey Mar 2010

Evidence Verité And The Law Of Film, Jessica Silbey

Cardozo Law Review

No abstract provided.


Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes, Colin Miller Feb 2010

Crossing Over: Why Attorneys (And Judges) Should Not Be Able To Cross-Examine Witnesses Regarding Their Immigration Statuses For Impeachment Purposes, Colin Miller

NULR Online

You are sitting in an empty bar (in a town you’ve never before visited), drinking a Bacardi with a soft-spoken acquaintance you barely know. After an hour, a third individual walks into the tavern and sits by himself, and you ask your acquaintance who the new man is. “Be careful of that guy,” you are told. “He is a man with a past.” A few minutes later, a fourth person enters the bar; he also sits alone. You ask your acquaintance who this new individual is. “Be careful of that guy, too,” he says. “He is a man with no …


Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing, United States District Court For The Eastern District Of Virginia Feb 2010

Vol. Xx, Tab 57 - Ex. 1 - Transcript Of Motions Hearing, United States District Court For The Eastern District Of Virginia

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks Jan 2010

Individualization Claims In Forensic Science: Still Unwarranted, Jonathan Koehler, Michael J. Saks

Faculty Working Papers

In a 2008 paper published in the Vanderbilt Law Review entitled "The Individualization Fallacy in Forensic Science Evidence," we argued that no scientific basis exists for the proposition that forensic scientists can "individualize" an unknown marking (such as a fingerprint, tire track, or handwriting sample) to a particular person or object to the exclusion of all others in the world. In this special issue of the Brooklyn Law Review, we clarify, refine, and extend some of the ideas presented in Fallacy. Some of the refinements are prompted by Professor David Kaye's paper, also in this issue of the Review, in …


Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur Jan 2010

Retribution And The Experience Of Punishment, Christopher J. Buccafusco, J. Bronsteen, J. Masur

All Faculty Scholarship

In a prior article, we argued that punishment theorists need to take into account the counterintuitive findings from hedonic psychology about how offenders typically experience punishment. Punishment generally involves the imposition of negative experience. The reason that greater fines and prison sentences constitute more severe punishments than lesser ones is, in large part, that they are assumed to impose greater negative experience. Hedonic adaptation reduces that difference in negative experience, thereby undermining efforts to achieve proportionality in punishment. Anyone who values punishing more serious crimes more severely than less serious crimes by an appropriate amount - as virtually everyone does …


Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman Jan 2010

Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman

All Faculty Scholarship

In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions. …


Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco Jan 2010

Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

All Faculty Scholarship

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …