Study on Determining Degree for being Recognized as Indicating the Goods of a Particular Person by Consumers Outside of the Republic of Korea in Article 7(1) item 12 of the Trademark Act - Focusing on the Interpretation of the Supreme Court Decisions -

2015 ◽  
Vol 22 (2) ◽  
pp. 99-135
Author(s):  
Tae-Ho Jung
2005 ◽  
Vol 20 (3) ◽  
pp. 625-638
Author(s):  
Thérèse Rousseau-Houle

This paper surveys recent Supreme Court decisions dealing with the relationship between building contractors and architects or engineers participating in the same project. Normally, the agreement between the owner and the architect or the owner and the engineer vests no rights in the building contractor. The latter may only sue the architect or the engineer on an extra-contractual basis. Proceedings may then take the form of a recursory action, where the contractor, having been held jointly and severally liable towards the owner, attempts to have the architect or engineer take their share of liability. Alternatively, proceedings could be taken on the basis of a delict, in cases where negligence is alleged by the contractor against the architect or engineer. The Supreme Court seems inclined to view the problem from a contract perspective, and to restrict opportunities to sue on the basis of a delict.


2006 ◽  
Vol 27 ◽  
pp. 209-230
Author(s):  
Mahalley D. Allen ◽  
Donald P. Haider-Markel

Many scholars have examined the relationship between public opinion and the U.S. Supreme Court, but most researchers have often failed to take into account the fact that the press mediates this relationship. Due to the public’s lack of independent knowledge about Supreme Court decisions, the media has the potential to play an influential role in the communication and interpretation of Supreme Court decisions. In this article, we examine the relationship between the Supreme Court, the media, and public opinion. First, we examine whether increased public tolerance on gay and lesbian issues has resulted in increased media coverage of gay-related cases before the Supreme Court. Second, we examine how media coverage of the Court’s 2003 decision to strike down state sodomy laws in Lawrence v. Texas may have been associated with decreased public support for gay and lesbian civil rights. Our analysis suggests that increased support for gay and lesbian civil rights may have lead to increased media attention to the Lawrence case and that the tone of this coverage may have subsequently resulted in an observed decrease in support for gay and lesbian civil rights following the Court’s decision. We also suggest that the release of a highly critical dissenting opinion by the Court in the case may have encouraged negative media coverage and the resulting shift in public opinion. Our research has broad implications for media coverage of Supreme Court decisions.


2007 ◽  
Vol 37 (1) ◽  
pp. 50 ◽  
Author(s):  
Winarno Adi Adi Gunawan

AbstrakThe peninjauan kembali (revision) under Indonesian procedure law. system isas an extra ordinary efforts to against the supreme court decisions. Revisionis applicable to the permanent decision by involved party that ought tofilling the sue to the Supreme Court (Mahkamah Agung-Rl). Based on lawnumber 4 year 2004 has stipulated condition on the revision is undercircumstance on any situation under article 23 section 1 which ought tounder law provisions. The author here notes that any possibly impedimentappears will not technically happen in practice later. Oftenly in revisionimplementations the lack or weakness does exist by the applicant side 's. Themostly be deficient in the relevance's legal application to be considered uponSupreme Court.


Author(s):  
M. KHAIRUL WARDI

The spirit of building a nation began before and after Indonesia's independence. One of the ways is by establishing a Social Organization, the provisions of the Law on Mass Organizations under the Staatsblad 1870 Number 64 concerning Legal Entities (Rechtspersoonlijkhied van Vereenigingen) which were established before the Proclamation of Independence of the Republic of Indonesia and consistently maintaining the Unitary State of the Republic of Indonesia. as a national asset and do not need to register in accordance with the provisions of this Law. Organizations are required to have AD and ART to be used as guidelines in carrying out organizational activities, ratification as a Association Legal Entity issued by the Minister of Law and Human Rights. CBOs are prohibited from spreading teachings and actions that are contrary to Pancasila. So that Law Number 17 of 2013 concerning Mass Organizations is no longer sufficient, finally the government issued Government Regulation in Lieu of Law Number 2 of 2017 to explain more broadly about prohibited teachings / understandings. The research method used is normative research, with the focus of the study being on the statutory approach to the establishment and dissolution of Community Organizations and reviewing the Supreme Court Decisions related to the establishment and dissolution of CSOs by taking case studies of NW and HTI decisions. The purpose of this study is to find out how the procedures for establishing community organizations and the dissolution mechanism of CSOs. Furthermore, conducting a case study based on the Decision of the Supreme Court Number 37K / TUN / 2016 concerning the establishment of Nahdlatul Wathan (NW) and Decision Number 27K / TUN / 2019 concerning the dissolution of the Indonesian Hizb ut-Tahrir Association (HTI).


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