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Contextual Healing: What to Do About Scandalous Trademarks and Lanham Act 2(a)

by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1

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...

The Define and Punish Clause and the Political Question Doctrine

by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1

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....

The “New Insiders”: Rethinking Independent Directors’ Tenure

by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1

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...

Far from the Madding Crowd: A Statutory Solution to Crowd Crush

by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1

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...

A Bridge over the Patent Trolls: Using Antitrust Laws to Rein in Patent Aggregators

by technology@hastingslawjournal.org | Jan 12, 2017 | Volume 68, Issue 1

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...

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