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Introduction, George C. Pratt 2016 Touro Law School

Introduction, George C. Pratt

Touro Law Review

No abstract provided.


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

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

Journal of Intellectual Property Law

No abstract provided.


Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson 2016 University of Georgia School of Law

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

Journal of Intellectual Property Law

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo 2016 Fulbright & Jaworski L.L.P., Houston, Texas

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

Journal of Intellectual Property Law

No abstract provided.


Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari 2016 University of Georgia School of Law

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

Journal of Intellectual Property Law

No abstract provided.


Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren 2016 Northwestern School of Law of Lewis & Clark College

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

Journal of Intellectual Property Law

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 2016 University of Georgia School of Law

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

Journal of Intellectual Property Law

No abstract provided.


Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp 2016 University of Georgia School of Law

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

Journal of Intellectual Property Law

No abstract provided.


File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut 2016 law firm of Rogers, Towers, Bailey, Jones & Gay

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

Journal of Intellectual Property Law

No abstract provided.


Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock 2016 University of Central Florida

Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock

Human Factors and Applied Psychology Student Conference

The institution of capital punishment represents one of the most contentious issues affecting societies today; and while the practice is only implemented in 58 countries, the controversy affects the world at large as over 60% of the human population lives in nations that condone the death penalty (Hali, 2015). In the United States, people who support capital punishment believe the practice to be an effective crime deterrent for potential criminals and therefore a prospective protective measure for law abiding citizens. Moreover, advocates defend their position by forwarding the argument that executions are ‘humane’; that use of lethal injection ensures that …


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 2016 University of Georgia School of Law

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.


Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati 2016 Umeå University

Different Types Of Participation In Constitution Making Processes: Towards A Conceptualisation, Abrak Saati

Southern African Journal of Policy and Development

Though participatory constitution making processes in post-conflict states and in states transitioning from authoritarian rule have become a new trend, scholarly research has yet to approach the notion of participation in a sharp and distinct way. In this article, I develop a novel approach for differentiating participation in constitution making, depending on the extent of influence that participants are granted, illustrating this reasoning with eight empirical cases from the African continent.


Ohio V. Clark , Peter M. Torstensen Jr. 2016 Notre Dame Law School

Ohio V. Clark , Peter M. Torstensen Jr.

Notre Dame Law Review Reflection

The heart of the debate over the purpose of the Confrontation Clause is the manner in which confrontation was intended to secure a defendant’s rights—either through procedural fairness or ensuring evidentiary reliability. The eventual direction the Supreme Court takes will depend, in large part, on which of these visions of the Confrontation Clause ultimately prevails. Michigan v. Bryant marked a potential step in the direction of the Ohio v. Roberts vision, and Ohio v. Clark does not appear to have departed from the course set in Bryant. Thus, while Crawford v. Washington marked a sea change in the Court’s confrontation …


The Road To The Gettysburg Address, Alfred L. Brophy 2016 University of North Carolina School of Law

The Road To The Gettysburg Address, Alfred L. Brophy

Florida State University Law Review

This Article recovers the forgotten ideas about public constitutionalism in seventy published addresses given at cemetery dedications from Supreme Court Justice Joseph Story’s address at Mount Auburn Cemetery in Cambridge, Massachusetts, in 1831, to the addresses by Edward Everett and Abraham Lincoln at Gettysburg in November 1863. It reveals an important, but forgotten, set of ideas that provided a precedent for Lincoln’s Gettysburg Address. Those addresses, including Lincoln’s, reveal the centrality of constitutional values—as opposed to constitutional text—in framing Americans’ interpretation of the Constitution. Pre-Civil War Americans had a vibrant public discussion of constitutional principles, in addition to constitutional text. …


Originalist Or Original: The Difficulties Of Reconciling Citizens United With Corporate Law History, Leo E. Strine Jr., Nicholas Walter 2016 Delaware Supreme Court

Originalist Or Original: The Difficulties Of Reconciling Citizens United With Corporate Law History, Leo E. Strine Jr., Nicholas Walter

Notre Dame Law Review

In this Article, we focus on a specific question raised by Citizens United, which is whether the Supreme Court’s decision can be justified solely by application of the originalist method of constitutional interpretation, or whether it can only be explained by giving substantial weight to a more modern, evolved understanding of the relevant constitutional provisions. We conclude that however Citizens United is rationalized, it cannot be defended solely or primarily as the product of a disciplined application of the originalist method of constitutional interpretation. Because Citizens United takes a view at odds both with the historical understanding of business …


The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham 2016 University of Dallas

The Meanings Of The "Privileges And Immunities Of Citizens" On The Eve Of The Civil War, David R. Upham

Notre Dame Law Review

The Fourteenth Amendment to our Constitution provides, in part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” This “Privileges or Immunities Clause” has been called “the darling of the professoriate.” Indeed, in the last decade alone, law professors have published dozens of articles treating the provision. The focus of this particular study is the interpretation of the “privileges and immunities of citizens” offered by American political actors, including not only judges, but also elected officials and private citizens, before the Fourteenth Amendment, and primarily, on the …


Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis 2016 University of Notre Dame Law School

Stop The Reach: Solving The Judicial Takings Problem By Objectively Defining Property, Steven C. Begakis

Notre Dame Law Review

The future of judicial takings may rest on the ability of the Court to define property in a robust and objective way. Property has essential characteristics that make it easily identifiable, the most significant of which are the rights to exclude and use. However, even when a property right does not fit within a neat categorical definition, should that right have a long, well established pedigree in state court precedent, that property right is similarly within the capacity of the reviewing court to identify. And once it is determined that, prior to the judgment, the petitioners possessed a clearly defined …


Military Mothers And Claims Under The Federal Tort Claims Act For Injuries That Occur Pre-Birth, Tara Willke 2016 Duquesne University School of Law

Military Mothers And Claims Under The Federal Tort Claims Act For Injuries That Occur Pre-Birth, Tara Willke

Notre Dame Law Review Reflection

In order to right a longstanding wrong perpetrated against military mothers and their children, the Court should grant review in Ortiz v. United States ex rel. Evans Army Community Hospital. Part I of this Essay provides a brief discussion of the FTCA and the Feres doctrine. Part II discusses the facts and holding in Ortiz and its rejection of the approaches taken in other circuits involving pregnant service members and pre-birth injuries, which has caused a clear split in the circuits. Part III argues that these types of claims are not subject to the Feres doctrine because pregnancy and …


The Emergence Of Contextually Constrained Purposivism, Michael C. Mikulic 2016 Notre Dame Law School

The Emergence Of Contextually Constrained Purposivism, Michael C. Mikulic

Notre Dame Law Review Reflection

This Case Comment first outlines the various methods of statutory construction used by the Supreme Court throughout its history, leading up to the Court’s implementation of contextually constrained purposivism in King v. Burwell. It then provides a summary of the facts and procedural history of King, thereby setting the stage to explain how the Court invoked contextually constrained purposivism. Finally, the Case Comment discusses some of the positive and negative implications of the approach.


The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler 2016 University of Maryland Francis King Carey School of Law

The Horne Dilemma: Protecting Property’S Richness And Frontiers, Lynda L. Butler

Maryland Law Review

In a 2015 decision, the Supreme Court concluded that real and personal property should not be treated differently under the Takings Clause and that a government condition requiring raisin growers, in certain years, to reserve a percentage of their crop for the government to manage in noncompetitive venues was a per se physical taking. The decision to treat both real and personal property as equally worthy of protection under the Takings Clause has merit given the weak historical evidence suggesting stronger protection for land and the importance of personal property to income generation and capital development in a modern society. …


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