Part of the Commercial Law Commons

Works in Commercial Law

2021

Sandbagging: Eagle Force Holdings & the Market’s Reaction, Griffith Kimball
BYU Law Review

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2020

Reputation Systems Bias in the Platform Workplace, E. Gary Spitko
BYU Law Review

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Blockchain & Smart Contract Technology: Alternative Incentives for Legal Contract Innovation, Erika J. Nash
BYU Law Review

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2017

Commoditized Speech, “Bargain Fairness,” and The First Amendment, Andrew Tutt
BYU Law Review

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2014

Promoting Impartiality of International Commercial Arbitrators through Chinese Criminal Law: Arbitration by "Perversion of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review

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Intellectual Property Without Borders? The Effect of Copyright Exhaustion on Global Commerce, Diepiriye A. Anga
Brigham Young University International Law & Management Review

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2012

From Handbills to Proposed Bills: Suggestions for Regulating the Law Vegas "Strip" Tease, Brian D. Blakley
BYU Law Review

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Searching for a Trademarks Test: The Ninth Circuit’s Query in Network Automation, R. Gregory Israelsen
BYU Law Review

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2011

Creditors' Contempt, Lea Shepard
BYU Law Review

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Redefining Boundaries: How Cohesive Technologies Altered Literal and Equivalent Infringement, Tyler Jeffs
BYU Law Review

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Negativing Invention, Jacob S. Sherkow
BYU Law Review

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The Irreparably Harmed Presumption? Why the Presumption of Irreparable Harm in Trademark Law Will Survive eBay and Winter, Jeffrey M. Sanchez
BYU Law Review

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2010

Beyond Search Costs: The Linguistic and Trust Functions of Trademarks, Ariel Katz
BYU Law Review

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Brands, Competition, and the Law, Deven R. Desai, Spencer Waller
BYU Law Review

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Reinventing Usefulness, Michael Risch
BYU Law Review

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Was Gonzales v. Raich the Death Knell of Federalism? Assessing Meaningful Limits on Federal Intrastate Regulation in Light of U.S. v. Nascimento, Brandon J. Stoker
Brigham Young University Journal of Public Law

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2009

Legal Origins, Investor Protection, and Canada, Poonam Puri
BYU Law Review

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Patening the Curve Ball: Business Methods and Industry Norms, Gerard N. Magliocca
BYU Law Review

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Finding a Place for Embedded Advertising Without Eroding the First Amendment: An Analysis of the Blurring Line Between Verisimilar Programming and Commercial Speech, Jacob J. Strain
Brigham Young University Journal of Public Law

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2008

The Software Licensing Dilemma, Nancy S. Kim
BYU Law Review

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Trouble for Private Enforcement of the Sherman Act: Twombly, Pleading Standards, and the Oligopoly Problem, Lee Goldman
BYU Law Review

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Federalism and International Trade: The Intersection of the World Trade Organization's Government Procurement Act and State "Buy Local" Legislation, Amol Mehra
Brigham Young University International Law & Management Review

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2007

A Rose by Any Other Name Would Smell as Sweet (or Would It?): Filing and Searching in Article 9's Public Records, Margit Livingston
BYU Law Review

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2006

Patent Law Viewed Through an Evidentiary Lens: The "Suggestion Test" as a Rule of Evidence, Christopher A. Cotropia
BYU Law Review

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Federal Wetland Jurisdiction and the Power To Regulate Commerce: Searching for the Nexus in Gerke Excavating, Joshua L. Lee
BYU Law Review

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2005

Negotiating a Commercial "Most Favored Nation" Clause, Stirling Adams
Brigham Young University International Law & Management Review

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The Effects of Judicial Immunization of Passive Sellers in Sanns v. Butterfield Ford and a Proposal for the Shifting Nature of Fault, Jason R. Burt
BYU Law Review

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Interstate Commerce and Interstate Endangered Species: The Controversy and the Need for Compromise, Paul Ziel
Brigham Young University Journal of Public Law

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Salvaging States' Rights To Protect Children from Internet Predation: State Power To Regulate Internet Activity Under the Dormant Commerce Clause, Julie Sorenson Stanger
BYU Law Review

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2004

Tarnishment and the FTDA: Lessening the Capacity to Identify and Distinguish, Layne T. Smith
BYU Law Review

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A Proposed Solution to Jury Confusion in Patent Infringement Cases Involving Means-Plus-Function Claims, Tony Caliendo
BYU Law Review

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Still Crazy After All These Years: Understanding the Robinson-Patman Act Today, Paul Stancil
Faculty Scholarship

2003

Definition for "Limitation" in the Context of Prosecution History Estoppel and the All Elements Rule: A Proposed Solution to the Troubling Dictum in Kustom Signals v. Applied Concepts, Philip M. Nelson
BYU Law Review

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On Your Mark, Get Set, Go! A New Race to the Courthouse Sponsored by Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., Christian A. Fox
BYU Law Review

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Foreseeable Trouble: How Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Offends Fundamental Policies of the U.S. Patent System by Making Prosecution History Estoppel Depend upon Foreseeability, Tony Caliendo
BYU Law Review

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2000

www.FranchiseDisclosure.com: Assessing the FTC's Proposed Franchise Rule Provisions Involving Electronic Disclosure, Perry C. Siatis
BYU Law Review

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Rethinking State and Local Reliance on the Retail Sales Tax: Should We Fix the Sales Tax or Discard It?, Charles E. McLure Jr.
BYU Law Review

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Questioning the Viability of the Sales Tax: Can It Be Simplified to Create a Level Playing Field?, Rich Mckeown
BYU Law Review

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Leveling the Playing Field: A Business Perspective on Taxing E-Commerce, Val John Christensen
BYU Law Review

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The History, Purpose, and Procedures of the Advisory Commission on Electronic Commerce, Thomas Griffith
BYU Law Review

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Electronic Commerce and the State and Federal Tax Bases, J. Clifton Fleming Jr.
BYU Law Review

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State Taxation of Electronic Commerce: Perspectives on Proposals for Change and Their Constitutionality, Kendall L. Houghton, Walter Hellerstein
BYU Law Review

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1999

Katzenbach v. McClung: The Abandonment of Federalism in the Name of Rational Basis, James M. McGoldrick
Brigham Young University Journal of Public Law

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Telephone Mnemonics and Complementary Numbers: A Review of Trademark and Unfair Competition Law and Policy, David R. McKinney
BYU Law Review

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1998

The Unpredictable Scope of the Waiver Resulting from the Advice-of-Counsel Defense to Willful Patent Infringement, Jared S. Goff
BYU Law Review

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1997

Guns and Commerce in Dialectical Perspective, Thomas Lundmark
Brigham Young University Journal of Public Law

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1996

How Modern Treatment of 35 U.S.C. § 112(6) Has Caused Confusion: Hilton Davis v. Warner-Jenkinson and the Right to a Jury on the Issue of Patent Infringement Under the "Equitable" Doctrine of Equivalents, David R. Todd
BYU Law Review

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1993

An Employer's Guide to Protecting Trade Secrets from Employee Misappropriation, Derek P. Martin
BYU Law Review

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The Need for an American Industrial Policy, Steven C. Earl
BYU Law Review

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1992

I Want to Know What Bearer Paper Is and I Want to Meet a Holder in Due Course: Reflections on Instruction in UCC Articles Three and Four, Marianne M. Jennings
BYU Law Review

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Judicial Review of State Regulation Which Impacts Foreign Trade: A Second Look at South-Central Timber Development v. Wunnicke, York Moody Faulkner
BYU Law Review

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1991

Patent Venue: One More Attempt to Broaden the Statute, David Fogg
BYU Law Review

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1990

The EEC Merger Regulation and its Impact on Non-EEC Businesses, Alec Burnside, Carl Meyntjens false
BYU Law Review

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1989

The Process Patent Amendments Act of 1988: Solving an Old Problem, But Creating New Ones, W. Bradley Haymond
BYU Law Review

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Does the Tenth Amendment Pose Any Judicial Limit on the Commerce Clause After Garcia v. San Antonio Metropolitan Transit Authority and South Carolina v. Baker?, Karl M. Tillman
BYU Law Review

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1988

General Electric Credit Corp. v. Ger-Beck Machine Co., Inc.: Section 2-608 of the U.C.C. and the Three Party Finance Lease, Lee Radford
BYU Law Review

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1987

Equitable Defenses in Incontestable Trademark Infringement Actions: United States Jaycees v. Cedar Rapids Jaycees, Kenneth P. Elbert
BYU Law Review

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The Legal Framework of Japanese Industrial Policy, Mitsuo Matsushita
BYU Law Review

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Direct Regulation and Its Reform: A Canadian Perspective, W. T. Stanbury
BYU Law Review

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Regulation, Deregulation and Re-regulation: An American Perspective, Stephen G. Wood, Don C. Fletcher, Richard F. Holley
BYU Law Review

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1986

Inequitable Conduct and the Duty of Disclosure in Patent Procurement, Evan R. Witt
BYU Law Review

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1985

Usury's Intent Requirement: Should There Be a Good Faith Defense?, Todd F. Maynes
BYU Law Review

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Overturning Bellas Hess: Due Process Considerations, Sandra B. McCray
BYU Law Review

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1984

Commercial Speech Concerning Unlawful Conduct: A Clear and Present Danger, Richard L. Barnes
BYU Law Review

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State Taxation of Interstate Commerce Under Public Law 86-272: "A Riddle Wrapped in an Enigma Inside a Mystery", Timothy J. Sweeney
BYU Law Review

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1983

Waste Disposal: The Commerce Clause and the Resource Conservation and Recovery Act of 1976, Steven J. Christiansen
BYU Law Review

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1982

A Deferential Interpretation of the Complete Auto Transit Test for Determining Whether a State Tax Unconstitutionally Burdens Interstate Commerce: Commonwealth Edison Co. v. Montana, Richard L. Musick
BYU Law Review

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1981

The Commerce Clause and the Balancing Approach: The Delineation of Federal and State Interests: United Transportation Union v. Long Island Rail Road, Guy P. Kroesche
BYU Law Review

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1976

Increasing Competition in the Petroleum Industry by Proscribing Trademark Tying Arrangements, Gerrit M. Steenblik
BYU Law Review

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1975

Trademarks--Section 44(d) of the Lanham Act--Use in Commerce by the Foreign Applicant as a Prerequisite to Securing a United States Trademark Registration--John Lecroy & Son, Inc. v. Langis Foods Ltd., Robert A. Johnson
BYU Law Review

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