16 results
Search Results
2. ILLEGAL CONTRACTS -- PUBLIC POLICY -- AGREEMENT TO SUE IN CERTAIN COURTS ONLY.
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LEGAL judgments , *FOREIGN corporations , *CONTRACTS , *ACTIONS & defenses (Law) - Abstract
Reports on the ruling of a court in Massachusetts on a case regarding the validity of a contract between Nashua River Paper Co. and Hammermill Paper Co. which contains a stipulation that no action should be maintainable against the foreign corporation except in certain courts of the foreign state. Reason behind the ruling of the court; Other court cases with similar ruling.
- Published
- 1916
- Full Text
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3. RECENT CASES.
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LEGAL judgments , *ACTIONS & defenses (Law) , *APPELLATE procedure , *BIDDERS , *CERTIORARI , *U.S. states - Abstract
The article presents various U.S. court cases and their judgments. In the court case People cx rel. Argus Co. v. Hugo, I68 N. Y.Supp. 25, a statute provided that the state printing board should award the state printing contract to the lowest responsible bidder. The board awarded the contract to the second lowest bidder, and the lowest bidder seeks to have the proceedings reviewed on certiorari. In the court case Carr v. Maine Cent. R.R., 192 AtI. 532 (N.H.), defendant informed plaintiff that if he would execute the necessary papers it would procure such consent. Papers were executed and delivered to the defendant, but it failed to act further during the period for securing the rebate. The court held the decision that the plaintiff is entitled to damages caused by defendant's failure to secure consent to the rebate.
- Published
- 1918
4. REGISTERING DISAGREEMENT: REGISTRATION IN MODERN AMERICAN TRADEMARK LAW.
- Author
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Tushnet, Rebecca
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TRADEMARK application & registration -- Law & legislation , *TRADEMARK laws , *LEGAL rights , *FEDERAL courts , *LAW & economics , *ACTIONS & defenses (Law) - Abstract
Trademark scholars widely agree that our current system for evaluating what rights a trademark owner should have over others’ uses of their (or similar) marks is broken. Courts too readily find too many acts to be infringing even when they’re harmless or actually useful to consumers. Trademark practitioners, meanwhile, while often quite approving of broad interpretations of trademark law, widely recognize that our trademark registration system has significant practical problems. What we haven’t done is try to unite concerns over the expansion of trademark rights with concerns over the registration system and explain their relationship to each other. Registration offers some of the most challenging puzzles in trademark law. Consider: If the mark REDSKINS for a football team is disparaging and its trademark registration therefore invalid, can trademark law nonetheless protect the team against unauthorized uses of the term? This question became more than theoretical when a district court recently upheld the invalidation of the REDSKINS registrations, a ruling now on appeal and likely headed to the Supreme Court. Or suppose the PTO determines that, in the abstract, an applied-for trademark is likely to cause confusion with another previously registered mark. I f the applicant decides to use the mark anyway, without a registration, should the PTO’s determination bind a federal court asked to determine whether the new mark, as actually used, causes confusion with that previously registered mark? The Supreme Court just decided this issue in a way that generated large-scale uncertainty about the new relationship between registration and infringement liability. These questions, and a number of others, highlight the need for renewed attention to trademark registration as such. Registration provides opportunities to limit trademark’s current structurelessness. Specifically, registration works best in a system that doesn’t aim to search out and extirpate every possible instance of confusion, instead recognizing multiple reasons that we might avoid fact-intensive confusion inquiries and either ban or allow certain market behaviors. Moreover, maintaining the registration system requires the investment of substantial government and private resources, which is currently almost irrelevant at the enforcement stage. Applicants and the PTO spend much time and effort crafting the equivalent of an exquisitely detailed origami crane; rather than considering the details, courts then ask the equivalent of “is this paper folded? and move on. Not only is this a waste of resources, but it also leads courts to misunderstand the proper scope of a registration. There are a number of changes, ranging from small tweaks to sweeping statutory reforms and the rejection of the Supreme Court’s ahistorical conclusion that registration is a matter of factual accident rather than an important distinction between types of marks, that could improve the law to the benefit of trademark owners and nonowners alike. [ABSTRACT FROM AUTHOR]
- Published
- 2017
5. Clean Water Act -- Auer Deference -- Decker v. Northwest Environmental Defense Center.
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JUDICIAL deference , *WATER laws , *CITIZEN suits (Civil procedure) , *ACTIONS & defenses (Law) ,DECKER v. Northwest Environmental Defense Center (Supreme Court case) ,AUER v. Robbins (Supreme Court case) ,STATE statutes (United States) - Abstract
The article discusses the U.S. Supreme Court's (USSC's) ruling in the 2013 case Decker v. Northwest Environmental Defense Center (NEDC) which deals with the U.S. Clean Water Act (CWA) and judicial deference for an American government agency's interpretation of its own regulations in the aftermath of the USSC's judgment in the case Auer v. Robbins. According to the article, the NEDC filed a lawsuit under the CWA's citizen-suit provision against various logging and paper-product companies.
- Published
- 2013
6. IMMIGRATION LAW -- STATUTORY INTERPRETATION -- SEVENTH CIRCUIT DEFERS TO AGENCY INTERPRETATION OF EVIDENTIARY STANDARDS. -- Ali v. Mukasey, 521 F.3d 737 (7th Cir. 2008).
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LEGAL judgments , *IMMIGRATION law , *ACTIONS & defenses (Law) - Abstract
The article discusses the court case, Ibrahim Ali versus Michael B. Mukasey, in which the Seventh Circuit gave in to a statutory interpretation put forth by the Board of Immigration Appeals in the U.S. The court held that an immigration court could consider additional evidence beyond the charging papers and judgment of conviction. This decision countermanded conflicting Seventh Circuit precedents, elucidating that administrative discretion belongs to the agency rather than to the court.
- Published
- 2009
7. RECENT CASES.
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ACTIONS & defenses (Law) , *CIVIL penalties , *CHURCH property , *INTERSTATE commerce - Abstract
Presents several cases in the U.S. United States v. St. Regis Paper Co. on civil penalties for violation of Federal Trade Commission order; Serbian Eastern Orthodox Diocese for the U.S. and Canada v. Ocokoljick on chruch property disputes; Garden State Dairies Inc. v. Sills on commerce clause.
- Published
- 1967
8. SOVEREIGN IMMUNITY AND SOVIET STATE TRADING.
- Author
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Fensterwald Jr., Bernard
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JURISDICTION , *COURTS , *ACTIONS & defenses (Law) , *ORGANIZATION , *PRIVILEGES & immunities (Law) - Abstract
The article informs that a well recognized general proposition that upon request sovereign States are granted immunity from the jurisdiction of foreign courts. Under this doctrine States claim, and expect to receive, immunity regardless of the nature of the dispute in which an attempt is made to name them party defendant. This paper will consider the applicability of this doctrine to state trading organizations and state commercial activities, with particular reference to the Soviet Union. Immunity from jurisdiction means that, upon a proper motion, a court of one sovereign State will declare itself incompetent to pass upon the merits of certain causes of action brought against a foreign sovereign, its representatives, or its property
- Published
- 1950
- Full Text
- View/download PDF
9. I. LEADING LEGAL ARTICLES.
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AMERICAN law , *ACTIONS & defenses (Law) , *BANKING industry , *BANK deposits , *ESTATES (Law) , *REAL property - Abstract
Reports on the publication of leading legal articles. Case involving the nature of a bank's interest in paper deposited for discount or collection; Case involving the preference given to the legal estate over the equitable.
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- 1908
10. MISUNDERSTANDINGS OF THE CIVIL LAW.
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CIVIL law , *PROPERTY rights , *CIVIL procedure , *ACTIONS & defenses (Law) , *JURISPRUDENCE - Abstract
This article explains the misunderstandings of the civil law. A rule of law that has been gradually developed can only be understood by knowing the course of its development; and that is more or less known by good lawyers, if the rule took its rise in England. So far as the American jurisprudence reaches back to an earlier date, there are the same reasons for tracing it to its source. Again, not only would it be hard to name any one who has thrown new light on such general problems of jurisprudence as the arrangement of the law, who has not known something of the labors of the civilians; but the paper tries to show that an ignorant misunderstanding of the Roman classification has led to confusion.
- Published
- 1931
11. NOTES.
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ACTIONS & defenses (Law) , *LEGISLATIVE bills , *BILLS of lading , *CONTRACTS , *INTRASTATE commerce - Abstract
This article presents information about recent law cases. In United States v. Ferger, however, it has recently been held that section 41 of the Pomerene Act, which makes criminal the forging of an interstate bill of lading, is unconstitutional, since the forged bills of lading were nothing but pieces of paper fraudulently inscribed. They were not receipts for goods. They did not affect interstate commerce. The court excluded from contemplation, as possibly presenting a different question, the counterfeiting of an existing genuine interstate bill of lading.
- Published
- 1919
12. RECENT CASES.
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ACTIONS & defenses (Law) , *INSURANCE policies , *CONTRACTS , *TRIALS (Law) , *INVOICES - Abstract
The article discusses various lawsuits in the U.S. One of the lawsuits discussed is Moore v. Empire Land Co. The plaintiff's grantor took possession of certain land without any paper title and held it adversely for seven years. He then conveyed the surface of the land to X., reserving the minerals; and X. and his grantees entering held possession of the surface for the remainder of the statutory period, no one meanwhile operating the mines. Thereafter the plaintiff bought the minerals from the grantor, and brings this bill to quiet his title to them. Another case discussed is Condon v. Exton-Hall Brokerage and Vessel Agency. The defendant, at the plaintiff's request, undertook gratuitously to procure the immediate cancellation of an insurance policy issued by the plaintiff. The defendant directed its local correspondent to investigate the risk with a view to action in the future.
- Published
- 1913
13. BOOKS AND PERIODICALS.
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ACTIONS & defenses (Law) , *INTERNATIONAL law , *EXTRAORDINARY remedies - Abstract
The article discusses a paper and various books related to the lawsuits in the U.S. The paper discussed is "The Legal Nature of International Law," by George B. Scott. In this paper, the writer maintains two propositions: first, that the quality of enforceability and the existence of a sanction are not essential to the definition of law; secondly, that assuming a sanction to be requisite, one is present in the realm of international law. Some of the books discussed are "The Abuse of New Trials," by Everett P. Wheeler, "The Act of Congress Permitting Suits Against Federal Receivers: Injunctions From State Courts," by W.A. Coutts and "Dissenting Opinions," by V.H. Roberts.
- Published
- 1905
14. ANTICIPATORY BREACH.
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BREACH of contract , *PERFORMANCE (Law) , *DISCHARGE of contracts , *ACTIONS & defenses (Law) , *REPUDIATION (Public finance) - Abstract
The article focuses on the paper "The Doctrine of Anticipatory Breach," by Colin P. Campbell. In a late article upon this subject, the writer, while disclaiming any effort to justify in theory the general rule allowing recovery by one party before the time of performance, on repudiation by the other, discusses the grounds on which that doctrine seems to rest. He points out that these decisions have been based on two different views of the situation. The first, which is illustrated in Hochster v. De la Tour is that the action is based on an implied undertaking in the original contract, to do nothing inconsistent with the contractual relation before the time of performance.
- Published
- 1905
- Full Text
- View/download PDF
15. A BRIEF HISTORY OF THE PAROL EVIDENCE RULE.
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LEGAL evidence , *ACTIONS & defenses (Law) , *TRIAL practice , *EYEWITNESS identification , *JUSTICE administration - Abstract
The article presents information on the paper "A Brief History of the Parol Evidence Rule," by John H. Wigmore. The doctrine was unknown to the Germanic invaders of Rome and Western Europe. A general ignorance of letters and the existence of a "legal system of formal oral transactions " combined to strip the carta, or document of that period, of further value than as a means of effecting a formal symbolic delivery of land, and of preserving the names of witnesses upon whom alone reliance was placed for proof of the terms of the transaction. A notable advance in the status of written documents appeared with the rise of the seal. The principle that the king's word is indisputable gained for a document bearing his seal incontestability.
- Published
- 1904
- Full Text
- View/download PDF
16. EXTRINSIC EVIDENCE IN AID OF INTERPRETATION.
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EVIDENCE , *ACTIONS & defenses (Law) , *JUDICIAL process , *TRIAL practice , *INTENTION - Abstract
The article presents information on the paper "Extrinsic Evidence in Aid of Interpretation," by Sidney L. Phipson. The article is a clear discussion of scholar Isdole Wigram's classic work and the many criticisms thereon, and offers independent ideas of value as well. Phipson stands by Wigram's treatment of interpretation as a question of evidence. As to the object of interpretation--whether, as Wigram maintains, it is to ascertain the meaning of the words, or to learn the intention of the writer. Phipson declares that in reducing the various rules and principles to seven working propositions, Wigram seems to have done all that is possible to secure condensation without sacrificing adequacy or exactness.
- Published
- 1904
- Full Text
- View/download PDF
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