Winning the infringement war but losing the battle for damages--a case study for trade mark litigants

The Federal Court of Australia has awarded nominal damages onlyto five major American film studios which commenced proceedingsfor, and succeeded in establishing, infringement of their trademarks.     

The anatomical diaspora: evidence of early American anatomical traditions in North Dakota

The current focus in forensic anthropology on increasing scientific certainty in ancestry determination reinforces the need to examine the ancestry of skeletal remains used for osteology instruction. Human skeletal remains were discovered on the University of North Dakota campus in 2007. After recovery, the osteological examination resulted in a profile for a 33- to 46-year-old woman of African descent with stature ranging from 56.3 to 61.0 in. The pattern of postmortem damage indicated that the remains had been prepared for use as an anatomical teaching specimen. Review of the American history of anatomical teaching revealed a preference for Black subjects, which apparently extended to states like North Dakota despite extremely low resident populations of people of African descent. This study emphasizes the need to examine the ancestry of older teaching specimens that lack provenience, rather than assuming they are derived from typical (i.e., Indian) sources of anatomical material.     

Losing,but Accepting: Legitimacy,Positivity Theory,and the Symbols of Judicial Authority

How is it that the U.S. Supreme Court is capable of getting most citizens to accept rulings with which they disagree? This analysis addresses the role of the symbols of judicial authority and legitimacy—the robe, the gavel, the cathedral‐like court building—in contributing to this willingness of ordinary people to acquiesce to disagreeable court decisions. Using an experimental design and a nationally representative sample, we show that exposure to judicial symbols (1) strengthens the link between institutional support and acquiescence among those with relatively low prior awareness of the Supreme Court, (2) has differing effects depending upon levels of preexisting institutional support, and (3) severs the link between disappointment with a disagreeable Court decision and willingness to challenge the ruling. Since symbols influence citizens in ways that reinforce the legitimacy of courts, the connection between institutional attitudes and acquiescence posited by Legitimacy Theory is both supported and explained.     

The government's best offense is deference: the decision of the Supreme Court in Shalala v. Guernsey Memorial Hospital

The United States Supreme Court agreed with the Secretary of Health and Human Services that Guernsey Memorial Hospital's advance refunding transaction costs would be subject to a medicare reimbursement policy that is not based upon generally accepted accounting principles. According to the sharp dissent in this case, this policy, set forth in a manual provision, contradicts federal regulations.     

Winning the war but losing the peace: The British House of commons during the Second World War

This article considers competing hypotheses ‐ the marginalisation and the constraining hand theses ‐ about the relationship of the House of Commons to government during the Second World War and the consequences of that relationship for the House of Commons in peacetime. The evidence supports the constraining hand hypothesis, with the situation created by war generating a House of Commons with more influence over the executive than is generally conceded. However, the consequence of that experience was to deter the House of Commons from undertaking significant, and arguably necessary, institutional reform in peacetime.     

Characterizing the Source of Fugitive Middle Distillate Fuels—A Case Study Involving Railroad Diesel Fuel,Mandan, North Dakota

Middle distillate fuels are used in civilian and military jet engines, on-road (truck and bus) and off-road diesel (diesel-electric locomotives, heavy equipment, and farm machinery) engines, marine diesel engines, nonaviation gas turbines, and domestic and commercial furnaces. As such, these fuels are common environmental contaminants that may arise from multiple sources. The considerable liability associated with these fugitive fuels requires that their source(s) be defensibly determined. In this paper we describe the “chemical fingerprinting” features of middle distillate fuels that can be used in assessments of their source(s) in the environment. A case study in which railroad (off-road) diesel fuel #2 could be distinguished from nonrailroad fuels (e.g., on-road diesel fuel #2, fuel oil #2, and/or fuel oil #1) in Mandan, North Dakota, is presented.     

The battle for generic pharmaceuticals: India survives the Novartis challenge

This article examines the decision of the High Court of Judicatureat Madras in the action brought by Novartis against the IndianGovernment challenging the constitutionality of Section 3(d)the Indian Patents Act 1970.