Category: Volume 68, Issue 1
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Contextual Healing: What to Do About Scandalous Trademarks and Lanham Act 2(a)
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Megan M. Carpenter Volume 68, Issue 1, 1-44 Offensive trademarks have come to the forefront of trademark policy and practice in recent years. While it was once true that more attention had been paid to Lanham Act section 2(a) in the pages of law reviews than in the courts, recent cases have focused…
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The Define and Punish Clause and the Political Question Doctrine
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Lyle D. Kossis Volume 68, Issue 1, 45-96 The Constitution gives Congress the power to “define and punish . . . Offences against the Law of Nations.” Congress has used this power to enact various criminal statutes that proscribe certain violations of international law. In some cases, criminal defendants argue that these statutes…
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The “New Insiders”: Rethinking Independent Directors’ Tenure
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Yaron Nili Volume 68, Issue 1, 97-158 Director independence is a cornerstone of modern corporate governance. Regulators, scholars, companies, and shareholders have all placed a strong emphasis on director independence as a means to ensure that investors’ interests in their companies are well served. But what makes a director independent? While regulators and…
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Far from the Madding Crowd: A Statutory Solution to Crowd Crush
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Tracy Hresko Pearl Volume 68, Issue 1, 159-202 Crowd-related injuries and deaths occur with surprising frequency in the United States. In recent years, crowd members in the United States have sustained significant injuries and even fatalities at concerts, sporting events, “doorbuster” sales, nightclubs, and large festivals. While some of these incidents have prompted…
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A Bridge over the Patent Trolls: Using Antitrust Laws to Rein in Patent Aggregators
[et_pb_row][et_pb_column type=”4_4″][et_pb_text] Eric Young Volume 68, Issue 1, 203-24 Patents, by their very nature, are a type of monopoly, and are so important to our country’s intellectual and technological advancement that the Founding Fathers granted Congress the power “to promote the progress of science and useful arts, by securing for limited times to . .…