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17,066 full-text articles. Page 77 of 545.

Solving The Consideration Problem In Non-Compete Agreements: Continued At-Will Employment Is Inadequate Consideration, Alexander H. Ferrone 2024 Marquette University Law School

Solving The Consideration Problem In Non-Compete Agreements: Continued At-Will Employment Is Inadequate Consideration, Alexander H. Ferrone

Marquette Intellectual Property & Innovation Law Review

None


What Is "Substantial Similarity"? Towards A Methodology For Reducing Subjectivity In Design Copyright Disputes, Robert Greenstreet, Karen Greenstreet 2024 Marquette University Law School

What Is "Substantial Similarity"? Towards A Methodology For Reducing Subjectivity In Design Copyright Disputes, Robert Greenstreet, Karen Greenstreet

Marquette Intellectual Property & Innovation Law Review

None


Dmca's Double Scienter Requirement: Allowing Intermediary Software Companies To Be Worry-Free In Making A Buck Off Another's Dime, Kayleigh Lemery 2024 Marquette University Law School

Dmca's Double Scienter Requirement: Allowing Intermediary Software Companies To Be Worry-Free In Making A Buck Off Another's Dime, Kayleigh Lemery

Marquette Intellectual Property & Innovation Law Review

None


The First Amendment And Trademark Law: A Conflict Of Rights, Maia Hentges 2024 Marquette University Law School

The First Amendment And Trademark Law: A Conflict Of Rights, Maia Hentges

Marquette Intellectual Property & Innovation Law Review

None


Ai, The New Frontier: An Analysis On Trademark Litigation Strategies In The Face Of Generative Artificial Intelligence, Melissa Biesmann 2024 Marquette University Law School

Ai, The New Frontier: An Analysis On Trademark Litigation Strategies In The Face Of Generative Artificial Intelligence, Melissa Biesmann

Marquette Intellectual Property & Innovation Law Review

No abstract provided.


Territorial Intellectual Property Rights, Fhernam Batiz 2024 Marquette University Law School

Territorial Intellectual Property Rights, Fhernam Batiz

Marquette Intellectual Property & Innovation Law Review

No abstract provided.


Navigating The Game: Balancing Innovation And Intellectual Property Rights In Video Game Development, Alek Giecewicz 2024 Marquette University Law School

Navigating The Game: Balancing Innovation And Intellectual Property Rights In Video Game Development, Alek Giecewicz

Marquette Intellectual Property & Innovation Law Review

No abstract provided.


Precision Is Necessary In Patents, Twinkle Dutta 2024 Marquette University Law School

Precision Is Necessary In Patents, Twinkle Dutta

Marquette Intellectual Property & Innovation Law Review

No abstract provided.


Navigating Copyright Law In A Digital World With An Analog Rulebook: Guidance For Visual Artists, Stephanie Moser 2024 University of San Francisco

Navigating Copyright Law In A Digital World With An Analog Rulebook: Guidance For Visual Artists, Stephanie Moser

University of San Francisco Law Review

No abstract provided.


The Consumer’S Choice To Boycott, Agnes Bresee 2024 Seattle University School of Law

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …


A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun 2024 Seattle University School of Law

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.


Overseeing The Administrative State, Jill E. Fisch 2024 Seattle University School of Law

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …


The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney 2024 Seattle University School of Law

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.


A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly 2024 Seattle University School of Law

A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly

Seattle University Law Review

After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …


The Original Instagram: Whose Property Is It?, Sue Altmeyer 2024 University of Akron

The Original Instagram: Whose Property Is It?, Sue Altmeyer

Akron Law Faculty Publications

This article examines why the “Original Creation and Transfer” test is a better approach than implied transfer when determining ownership of a social media account. The Original Creation and Transfer test promotes judicial economy, clarity, and predictability. It also has the advantages of a property rule, namely encouraging investment, reducing litigation, and allowing employee mobility. This test achieves the proper balance between worker and employer rights and yields fair results in test cases. Additionally, a uniform law should be created based on the Original Creation and Transfer test to help promote uniformity across jurisdictions.


The Patent Law Origins Of Science Fiction, Camilla Hrdy, Daniel H. Brean 2024 University of Akron

The Patent Law Origins Of Science Fiction, Camilla Hrdy, Daniel H. Brean

Akron Law Faculty Publications

This Article reveals the surprising role of patent law in shaping the literary genre of science fiction. Drawing on previously unpublished sources, the Article shows that Hugo Gernsback—the so-called “father” of science fiction who started the first all-science-fiction magazine in 1926—believed that works of science fiction are analogous to patents. Like patents, science fiction stories can disclose useful information to the public about new inventions. Like patents, science fiction stories can influence future inventors and drive innovation. Gernsback went even further, positing that some of the inventions depicted in science fiction should themselves be patentable. In 1952, he urged Congress …


Statement Of Michael Doane Before The Committee On The Judiciary, Subcommittee On Courts, Intellectual Property And The Internet, Michael Doane 2024 University of Akron

Statement Of Michael Doane Before The Committee On The Judiciary, Subcommittee On Courts, Intellectual Property And The Internet, Michael Doane

Akron Law Faculty Publications

Section 337 provides U.S, intellectual property rights owners unique and effective relief against infringing products imported into the United States. The USITC and the U.S. Court of Appeals for the Federal Circuit have already taken steps to limit the ability of patent trolls to use Section 337 through tightening the domestic industry requirement. Efforts to address purported abuse will ultimately negatively impact those that Section 337 was expressly amended to protect. Amendments to Section 337, therefore, are unnecessary.


Another Round For Petrella V. Mgm, Laches, And Raging Bull: Resolving The Circuit Split Over Copyright’S Statute Of Limitations, David E. Shipley 2024 University of Georgia School of Law

Another Round For Petrella V. Mgm, Laches, And Raging Bull: Resolving The Circuit Split Over Copyright’S Statute Of Limitations, David E. Shipley

Scholarly Works

There is a split between the Second Circuit and the Ninth and Eleventh Circuits over the interpretation and application of the Copyright Act’s three-year statute of limitations. The disagreement is about whether it bars a copyright infringement plaintiff from recovering for infringing acts occurring outside the statute’s three-year window. The Second Circuit stated in 2020 in Sohm v. Scholastic that the U.S. Supreme Court explicitly delimited damages to the three years prior to the commencement of an infringement action. However, the Ninth Circuit in Starz Entertainment in 2022 and the Eleventh Circuit Nealy v. Warner Chappell Music in 2023 both …


Empowering Consumer Rights And Community Welfare: Enhancing Corporate Accountability Through A Geographical Indication Licensing Policy, Akriti ., Sarang Sureshrao Khadkekar, Pinaki Ghosh 2024 West Bengal National University of Juridical Science

Empowering Consumer Rights And Community Welfare: Enhancing Corporate Accountability Through A Geographical Indication Licensing Policy, Akriti ., Sarang Sureshrao Khadkekar, Pinaki Ghosh

International Journal on Consumer Law and Practice

Geographical Indications are a unique form of intellectual property that can potentially improve social-economic welfare. The Indian GI Act is based on the concept of consumer welfare, which prevents market activities that can mislead or confuse consumers. Such confusion can be about the source of origin, the quality, or the reputation of the goods. However, several studies have shown the rampant use of GI names by unauthorized persons and Corporations, creating dangers of diluting the reputation of GI names. Such unauthorized use of GI names results in an unfair commercial advantage to these infringers. Not only that, a genuine consumer …


Do Patents Drive Investment In Software?, James Hicks 2024 Washington University in St. Louis School of Law

Do Patents Drive Investment In Software?, James Hicks

Scholarship@WashULaw

In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …


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