Property Law. Pennsylvania Supreme Court Holds That Engagement Rings Must Be Returned Regardless of Who Broke the Engagement. Lindh v. Surman, 742 A.2d 643 (Pa. 1999)

2000 ◽  
Vol 113 (7) ◽  
pp. 1876 ◽  
Keyword(s):  
Supreme Court ◽  
Property Law ◽  
Engagement Rings

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

scholarly journals Intellectual Property in the New Technological Age: 2016 - Chapters 1 and 2

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Trade Secret ◽  
Fair Use ◽  
Property Law ◽  
Trade Secrets ◽  
Digital Copyright ◽  
The Past ◽  
The Right ◽  
Trade Secret Protection

Rapid advances in digital and life sciences technology continue to spur theevolution of intellectual property law. As professors and practitioners inthis field know all too well, Congress and the courts continue to developintellectual property law and jurisprudence at a rapid pace. For thatreason, we have significantly augmented and revised "Intellectual Propertyin the New Technological Age.The 2016 Edition reflects the following principal developments:● Trade Secrets: Congress passed the Defend Trade Secrets Act of 2016, oneof the most momentous changes in the history of trade secret protection. Thenew law opens up the federal courts to trade secret cases, provides for exparte seizures of misappropriated trade secrets in “extraordinarycircumstances,” and establishes immunity for whistleblowers.● Patents: The past several years have witnessed some of the mostsignificant developments in U.S. patent history — from the establishment ofthe new administrative review proceedings at the Patent Office to importantshifts in patent-eligibility, claim indefiniteness, and enhanced damages atthe Supreme Court and means-plus-function claim interpretation andinfringement doctrine at the Federal Circuit. We have restructured thepatent chapter to illuminate these areas. We have also significantlyexpanded coverage of design patents in response to the growing importanceof this form of protection.● Copyrights: The Supreme Court issued important decisions addressing thepublic performance right and the first sale doctrine. The past few yearsalso witnessed important developments in the Online Service Provider safeharbor, fair use, and state protection for pre-1972 sound recordings. Wehave also integrated the digital copyright materials into a unifiedtreatment of copyright law and substantially revamped the fair use sectionto reflect the broadening landscape of this important doctrine.● Trademarks: We have integrated important cases on federal registrabilityof disparaging marks, merchandising rights, likelihood of confusion on theInternet, and remedies.● Other State Protections: We have updated material on the right ofpublicity, an active and growing area. We have also reorganized the chapterand focused it on IP regimes.

The “by right” defence in village green registration

2015 ◽  
Vol 7 (2) ◽  
pp. 96-110
Author(s):  
Natalie Pratt
Keyword(s):  
Supreme Court ◽  
Design Methodology ◽  
Current Problem ◽  
Property Law ◽  
Content Type ◽  
The Past ◽  
The Supreme Court ◽  
The Law ◽  
Conceptual Underpinning

Purpose – This paper aims to examine the recent jurisprudence of the Supreme Court concerning the registration of land as a town or village green (TVG). This area of law has proved contentious over the past decade and shows no sign of relenting. Most recently, in April 2014, the Supreme Court was asked to determine whether use that is pursuant to a statutory right could be qualifying use for the purposes of village green registration, which requires 20 years use “as of right”. Design/methodology/approach – The paper starts by summarising the law relating to the registration of land as a TVG and identifies the current problem that the courts are grappling with, namely the “by right” defence. After analysing the two leading authorities in relation to this point, the paper makes a judgment on the operation and conceptual underpinning of the “by right” defence. Findings – The paper concludes that the “by right” defence in the context of village green registration is a functioning concept that prevents the registration of land as a town and village green whenever the use relied upon is indulged in pursuant to a statutory right. Furthermore, the defence should also be construed with the pre-existing test for use “as of right” rather than being recognised as an additional limb to this test. Originality/value – The value of this paper is that it seeks to clarify an area of planning and property law that is fraught with conceptual uncertainty, and seeks to re-align the law of town and village greens with its prescriptive underpinnings.

scholarly journals Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law

2008 ◽  
Vol 46 (1) ◽  
pp. 1 ◽  
Author(s):  
Cameron J. Hutchison
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Judicial Discretion ◽  
Property Law ◽  
Supreme Court Of Canada ◽  
Statutory Interpretation ◽  
Intellectual Property Law ◽  
Law Making

The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, whereby courts analogize the facts before them with certain paradigm cases. This methodology serves to constrain judicial discretion and enables courts to fill gaps in legislation in connection with novel cases.

scholarly journals Kedudukan Dana Asuransi Jiwa dalam Relevansinya dengan Pembagian Harta Warisan

2019 ◽  
Vol 4 (1) ◽  
pp. 17
Author(s):  
Aji Surya Pratama ◽  
Abdul Halim Barkatullah ◽  
Rahmida Erliyani
Keyword(s):  
Supreme Court ◽  
Life Insurance ◽  
Contract Law ◽  
Property Law ◽  
Insurance Policy ◽  
Legal Research ◽  
Inheritance Law ◽  
The Supreme Court ◽  
The Right ◽  
Insurance Agreement

The aims of this research are to study and analyze the heirs whose names are not mentioned as beneficaries in life insurance policy who have been left by the deceased who can be categorized as heirs. Method of this research is normative legal research, and the type of the research vague norm, namely, there is difference or insyncronization of the Judges of the Supreme Court in making verdicts concerning disputes of fund claims of life insurance among the heirs.The results of the research shows that insurance agreement constitutes the result of combination between property law especially testametary inheritance law and contract law, thus, life insurance agreement can be called as testament because inheritance is one of the way to get right of ownership of a property, in this matter sum insured. Nomination of the heirs as beneficiaries of the fund of life insurance has a characteristic of administrative because the heirs are actually the heirs stipulated in life insurance policy. From the aspect of the inheritance property, the name stated as beneficiaries in life insurance policy can only receive maximum 1/3 (one third) of the inheritance property left by the deceased. From the aspect of their position, the heirs in life insurance policy are merely as creditors (not substituting the right and obligation of the pewaris). The legitimacy heirs are entitled to claim the right to absolute portion protected by law (legitime portie) upon the sum insured which is contrary to their legitame portion. 

Sign in / Sign up

Export Citation Format

Share Document