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Full-Text Articles in Intellectual Property Law

The Family Law Doctrine Of Equivalence, Amy L. Wax Jan 2009

The Family Law Doctrine Of Equivalence, Amy L. Wax

Michigan Law Review

Students of patent law learn the doctrine of equivalents. According to the doctrine, a patent protects an invention that does "the same work in substantially the same way, and accomplish[ es] substantially the same result," as the device described in the patent, even if it differs "'in name, form, or shape." In her new book, Nancy Polikoff has fashioned something like a parallel doctrine for families. Let's call it (with a slight play on words) the family law Doctrine of Equivalence. In today's world, according to Polikoff, a broad set of relationships now plays the same role as marriage and …


Coming Into Equity With Clean Hands, Zechariah Chafee, Jr. Jun 1949

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …


Recent Important Decisions, Michigan Law Review Jan 1912

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adverse Possession--Hostile Character--Possession Under Executory Contract for Sale; Bills and Notes--Bona Fide Purchase--Effect of Taking After Maturity; Bills and Notes--Bona Fide Purchase--Payment of Forged Check--Recovery of Payment; Bills and Notes--Invalidity of Note--Recovery Upon Original Consideration; Constitutional law--Due Process of Law--Situs of Ship for Purposes of Taxation; contracts--Sufficiency of Typewritten Signature; Copyright--Moving Pictures as Dramatization of Book; Corporations--Stockholder's Meetings--Effect of Withdrawal of Stockholders; Courts--The New Commerce Court--Jurisdiction--First Decision; Covenants Running with the Land--Building Restrictions; Damages--Excessiveness--Personal Injuries--Remittitur; Dead Bodies--Burial Determination of Place; Easements--Merger--Use by Owner of Servient Estate--Adverse Possession; Homicide--Burden of Proof When Insanity is a Defense; Intoxicating Liquors--Illegal Sale--"Dispensing"; Judgment--Collateral Attack--Defective …


Recent Important Decisions, Michigan Law Review Jun 1910

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …


Recent Important Decisions, Michigan Law Review Jan 1909

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Adjoining Landowners--Excavations--"Contiguous" Structures; Aliens--Naturalization--Persons of Japanese Race--"White Persons"; Bankruptcy--Suit by Trustee--Recovery of Property Transferred by Bankrupt; Carriers--Duty to Person Riding on Engine; Carriers--Through Contract--Liability of Connecting Carriers; Color of Title as Extending Possession of Adverse Claimant--Deed to Claimant's Vendor; Constitutional Law--Due Process of Law--White and Negro Pupils; Constitutional Law--Interstate Commerce--Power of Congress to Regulate; Constitutional Law--Secret Societies--Unauthorized Wearing of Badges; Conversion--Time of Conversion--Pledges--Assertion of Title; Corporations--Stockholder's Liability--Enforcement in Other States; Damages--For Interference with Employment--Mental Suffering an Element; Dedication--Acceptance--Ordinance Fixing Grade; Deed--Acknowledgement Taken by Officer and Stockholder of Corporation Grantor; Deeds--Building Restriction--"Front Property Line" of Corner Lot; Deeds--Restrictive Covenant--Electric Light Station …


Recent Important Decisions, Michigan Law Review Mar 1906

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Arbitration and Award--By-Laws of Board of Trade--Ousting Courts' Jurisdiction; Bills and Notes--Accommodation Indorsement--Conflict of Laws; Bills and Notes--Material Alteration; Common Carriers--Duty to Notify Passenger of Arrival at His Destination--Must Awaken Sleeping Passenger if His Destination is Known; Constitutional Law--Anti-Trust Laws--Equal Protection of the Laws; Constitutional Law--Insurance--State Statutes Prohibiting Combinations Among Insurance Companies--Do Not Violate Fourteenth Amendment; Constitutional Law--Prosecution by Information due Process of Law; Contracts--Agreement to Employ Only Members of a Certain Union; Contracts--Public Policy--Location of Depots; Corporations--Reduction of Stock--Equitable Relief--Powers of Officers; Corporations--Suit by Stockholders--Refusal of Directors to Sue; Corporations--Suit in Stockholders' Names--Device to Confer Jurisdiction on Federal Courts; …