Solving The Consideration Problem In Non-Compete Agreements: Continued At-Will Employment Is Inadequate Consideration,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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?,
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,
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,
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,
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,
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?,
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 …
