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Court Licensed Abuse

Patriarchal Lore and the Legal Response to Intrafamilial Sexual Abuse of Children

Caroline S. Taylor

This book is based on award-winning research that analyzes transcripts of intrafamilial child sexual abuse trials. Building on the contemporary focus of legal trials as hegemonic sites of storytelling from the perspectives of dominant interest groups, the argument is developed in three steps. The first documents the development of a de facto relationship between law and psychiatry that simultaneously silences and blames victims of sexual violence, and advances a critique of law as narrative. The second presents a detailed, critical, feminist reading of six trials that are presented as textual case studies. These show the legal mechanisms through which victim/survivor’s accounts of abuse are transmuted into forms that facilitate the legal and theoretical acquittal of the alleged abuser and replicates – at symbolic and structural levels – those power relations inherent in the original abuse. The final step in the argument analyzes and synthesizes the structural and thematic patterns in the case studies to show how trials enact a narrative template that maintain a patriarchal status quo around intrafamilial child sexual abuse.
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operational changes. Another alleged trade secret was PCNA’s innovations in its selling and delivery systems. The district agreed with PepsiCo and entered a preliminary injunction. The Court of Appeals for the Seventh Circuit affirmed. The Seventh Circuit recognized that PepsiCo had not brought a traditional trade secret case, featuring a former employee with knowledge of a special manufacturing process or customer list that gives a competitor an unfair advantage by transferring the technology or customers to that competitor. The Court, however, found no abuse of discretion

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), claiming direct and indirect infringement of XimpleWare’s patents. In essence, XimpleWare tried to substantiate a series of patent infringement claims by asserting that the defendants abused the terms of service for the open source (and therefore, non-patented) aspects of their software product. Via a number of proceedings and decisions, the court dismissed most of XimpleWare’s claims, largely over whether the customers had met the tests for violating the GNU license standards. The pleadings and evidence presented in the case indicated that the defendants had used the

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licensed intellectual property right) may raise competition concerns. If caught by Article 101(1), such restrictions may be unenforceable unless they can satisfy the criteria of Article 101(3), including falling into a “safe harbor” afforded by a block exemption. Article 102 TFEU prohibits firms holding a dominant position in a relevant market from abusing that position. In exceptional cases, the way in which an intellectual property owner exploits her rights may raise Article 102 issues and be deemed an abuse (including refusals to license, imposition of unfair prices

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would find that the MMA made state-licensed medical marijuana use “at least lawful,” and would hold that Coats’ use of medical marijuana was protected by the statute. Coats then appealed to the Colorado Supreme Court. The Colorado Supreme Court granted the appeal to consider the issues of whether § 24-34-402.5 protects employees from discretionary discharge for lawful use of medical marijuana outside of the job, and whether the MMA makes the use of medical marijuana “lawful” and confers a right to use medical marijuana to persons lawfully registered with the

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distribute to students and employees certain information about campus policies, services, and consequences of drug and alcohol abuse, and to review the effectiveness of the institution’s program every two years and implement changes as necessary. The review needs to be shared with the Secretary of Education and the public upon request.) Indications are that the courts, too, are ready and willing to support universities in their efforts to interdict illegal substances on their campuses. For example, in State v. Nemser , 148 N.H. 453, 807 A.2d 1289 (2002 ), a Dartmouth

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and gain market share), so too have the efforts by trademark owners to aggressively seek and claim expanded legal protection to keep such market value, whether in the courts or through effective bullying tactics outside of the courtroom. This too can be a form of abuse, resulting in expansive, and arguably excessive, rights. Dominant trademark owners today have broad rights that ensure their trademarks – along with an expansive swath of goodwill associated with those trademarks and the business enterprise – are not sullied (tarnished), imitated, or even tangentially

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1 Introduction Article 102 TFEU (ex Article 82 EC) prohibits the abuse of dominance. Basi- cally, this implies that firms with market power shall not abuse their strength to impede competition or to leverage their market power to another market. In con- trast, intellectual property rights allow their right holders to exclude competitors from the usage of the protected item. If exercised by a dominant firm, conflicts with Article 102 TFEU may occur. In refusal to license cases, for instance, the intellectual property right of the dominant firm protects a good

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the line for fair use of trademarks? Generally, for example, one might settle on “commercial use” and the Court tests. However, “dilution” standards can find trademark holders taking offense and action over any and all non-licensed use of marks. Again, in a cut-and-paste culture, rampant use may indicate trouble afoot. 4. Discuss whether there should be term limits on trademarks. Under current law, regularly (re)registered trademarks are “forever,” a status that keeps them out of the public domain. Would creativity be furthered by term limits? 5. A special

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measures, finding that his return to Nigeria as a former military would expose him to the risk of being arbitrarily executed or tortured or otherwise abused by those military sectors corrupt or colluding with the rebels on which he investi- gated. As regards the evidence provided by the applicant, the Court notes that the law admits as reliable a statement not supported by real evidence when he has made every reasonable effort to corroborate it and his statement is consistent, plausible and not in contradiction with the available information pertaining to the case