What's good for the goose is good for the gander: an argument for the consistent interpretation of the Patent and Copyright Clause
In order to support the original intent of the framers of the Constitution, the duration of the copyright term should be greatly reduced. A term of life of the author plus 70 years, as provided by the Copyright Term Extension Act of 1998, does not balance the author's interest with the public's interest in use of the work. At the very least, the CTEA should only apply to works created in 1978 or after.
Publication Name: Journal of the Patent and Trademark Office Society
Bracketed flexibility: standards of performance level the playing field
Standards of performance in contract law are necessary to ensure the fairness of the bargaining process. These standards are increasingly criticized for vagueness, but this criticism is misguided. They are defined by both law and behavior.
Publication Name: The Journal of Corporation Law
Should an elder law attorney serve as a trustee?
In many states, attorneys who draft trusts may also serve as trustees. The practice is ethical if attorneys follows certain guidelines to fufill their fiduciary duties.
Publication Name: Estate Planning
- Abstracts: Much of the transactional activity following the Telecommunications Act of 1996 flows from the elimination of entry barriers and outmoded regulations
- Abstracts: The Fifth Amendment privilege against self-incrimination and fear of foreign prosecution. In through the out door? Retaining judicial review for deported lawful permanent resident aliens
- Abstracts: Acceptability as a factor in grievance arbitration. Arbitration of statutory claims: the Wright decision but the wrong dictum
- Abstracts: The choice of organizational form in gasoline retalinling and the cost of laws that limit that choice. Market power and cartel formation: theory and an empirical test
- Abstracts: Racial, ethnic, and gender disparities in sentencing: evidence from the U.S. federal courts. part 2 The impact of gun laws on police deaths