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Volume 3 – Issues 1 & 2

Protecting a Celebrity’s Legacy: Living in California or New York Becomes the Deciding Factor | Author: Laurie Henderson

Protecting a Celebrity’s Legacy: Living in California or New York Becomes the Deciding Factor | Author: Laurie Henderson

Given society’s overwhelming fascination with celebrities, it may be of little surprise to learn that celebrities continue to earn money after they have passed away. However, it may astonish many how much celebrities actually do earn after their passing. According to Forbes.com’s annual list, the “Top-Earning Dead Celebrities” for 2008 earned a combined total of $194 million over the year. While Elvis Presley topped the list for the second year in a row grossing $52…
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The Rating Agencies: Where We Have Been and Where Do We Go From Here? | Author: Joshua D. Krebs

The Rating Agencies: Where We Have Been and Where Do We Go From Here? | Author: Joshua D. Krebs

The credit rating agencies are supposed to be gatekeepers to the public securities markets. As “gatekeepers,” they are reputational intermediaries in the investment process. Other gatekeepers include: independent auditors, credit rating agencies, securities analysts, investment bankers, and attorneys. The function of these reputational intermediaries is to act as neutral third party advisors to the investment process. While these intermediaries are paid for their opinions by one or more parties to a transaction, in theory the…
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Shutting Down the Offense: Why the Supreme Court Should Designate the NFL a Single Entity for Antitrust Purposes | Author: Peter R. Morrison

Shutting Down the Offense: Why the Supreme Court Should Designate the NFL a Single Entity for Antitrust Purposes | Author: Peter R. Morrison

The National Football League (“NFL”) has been defending against antitrust suits for over fifty years. From draft disputes to suits from outside leagues, it has grown accustomed to, and weary of, defending itself against a continuing barrage of lawsuits by groups who are forum shopping for the most favorable circuits. The most recent chapter of NFL antitrust liability has arisen out of a lawsuit over officially licensed NFL merchandise. Prior to 2001, the NFL had…
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Notorious: The Treatment of Famous Trademarks in America and How Protection Can Be Ensured | Author: Blake W. Jackson

Notorious: The Treatment of Famous Trademarks in America and How Protection Can Be Ensured | Author: Blake W. Jackson

Imagine a convenience store unlike the ones that populate American street corners today. Imagine a convenience store without brightly lit coolers full of soda and other beverages. Imagine instead, rows and rows of blacked out soda coolers. Customers who shop at this convenience store are required to reach into a dar- kened cooler in order to select their beverages without knowing what they would get. Common sense tells us that this convenience store would quickly…
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The Impact of MedImmune, Inc. v. Genentech, Inc. and Its Progeny on Technology Licensing | Author: Michael Donovan

The Impact of MedImmune, Inc. v. Genentech, Inc. and Its Progeny on Technology Licensing | Author: Michael Donovan

Patent law has long been used as an incentive-based monopoly system for encouraging the development of science and technology. The government’s power to grant a legal monopoly in the form of a patent was originally expressed in the Constitution. Congress may grant exclusive rights “[t]o promote the [p]rogress of [s]cience and useful [a]rts, by securing for limited [t]imes to . . . [i]nventors the exclusive [r]ight to their . . . [d]iscoveries.” Since its Constitutional…
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Abolish Trademark Law’s Initial Interest Confusion and Permit Manipulative Internet Search Practices | Author: Priya Singh

Abolish Trademark Law’s Initial Interest Confusion and Permit Manipulative Internet Search Practices | Author: Priya Singh

This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to Internet cases. First, it argues that the doctrine is problematic because it does not require the traditional showing of likelihood of confusion, it is superfluous, and it is unnecessary in the Internet context. Second, it proposes that courts should instead rely on the likelihood of confusion analysis. Additionally, courts should acknowledge that metatags are an outdated issue, and, when it…
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L3Cs: The Next Big Wave in Socially Responsible Investing or Just Simply Too Good To Be True? | Author: David J. Schwister

L3Cs: The Next Big Wave in Socially Responsible Investing or Just Simply Too Good To Be True? | Author: David J. Schwister

Numerous other businesses, especially non-profits, are seeking to find other means to raise capital. In light of this growing popularity with L3Cs, an examination is needed to determine whether or not these entities are the answer for cash-strapped organizations like the Journal Star. Part II of this article provides a history of the L3C movement. In addition, Part II offers a look at the current legal landscape of L3Cs on a federal and state level.…
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