Comparative Advertising and The Lanham Act

Business Law II Research Project: Choosing your topic is going to require that you look deep within yourself and discover an area of life, business, entrepreneurial activity, intellectual curiosity that REALLY excites you and makes you intensely interested in pursuing knowledge in that area. This is going to be a very deep and extensive research project. You will first develop a Notebook of your research. Few if any rocks should be left unturned in your search for information. There are unlimited resources to search in order to acquire the volume of data needed to successfully complete this project. Once you have chosen a topic, explore the primary legal principle that you wish to research. Meet with the professor and receive approval for and guidance on the project. One method of proceeding from that point on is outlined below: STEPS (depending upon the choice, some of these steps may not be required or appropriate, but do not assume that, seek Professorial advice.) 1. ***** A preliminary step would be to look up a Law Review on the topic. ******* (at least three or more of these will round out your understanding of the area) 2. Find a copy of the statute and regulations. 3. Find the enabling Legislation that is the Authority for the Agency that writes the regulation. Look up the Legislative History of the Law and either copy it or briefly describe it. You may need to check newspaper articles and other resources like the Congressional Record that is part of the Library Databases. 4. Find the cases that interpret both the regulation and the Statute. Brief the cases according to the attached Briefing outline. (At least three cases) 5. How did the Court rule, and more specifically, why did the Court rule the way it did? 6. Begin to analyze the legal issues in detail and the principle(s) of law that were instrumental in the decisions, the writing of the statute and the promulgation of the regulations. Together, these three components make up the regulatory scheme that government is attempting to use to legally control this area of activity or business endeavor. 7. Discover newspaper articles, Law Reviews, Business Journals that deal with your primary issue. 8. Include any and all other research on the regulations that you have been able to acquire including handbooks and other materials provided by the regulatory agencies. 9. Prepare a notebook with all of your research. 10. Now you have the resources and raw materials for an excellent research paper dealing with the area of activity that you want to understand. 11. Write your paper based upon the criteria of the grade sheet attached. All papers must be electronically submitted as a Microsoft Word .doc or .docx 12 font double spaced. Be sure to use Business Law II in the subject line How to Brief a Case Briefing a case is primarily a matter of format. Basically a brief is a structured method of attempting to summarize the case to give a non-attorney or someone unfamiliar with the case the essential parts of the controversy and its resolution. So, DO NOT USE LEGALESE!!! The brief for your presentation case should be sufficiently detailed and to give your classmates a larger picture of the case and to relate it to the chapter in which our authors have placed it. The elements of an acceptable brief are listed below. 1) Case name AND Citation the numbers and letters that are the address of the case, 2) Facts – Expand these beyond those listed in the text. In other words, pull the original case, read it, and write a brief in a manner that would add more understanding (e.g. who the parties to the lawsuit are and why they are involved in this case, etc.) 3) Issue, or Issues – The legal issues, also called the “cause of action” in the law, those legal situations, which give, rise to the case. 4) Holding – The basic ruling of the court that resolves the issue. 5) Reasoning – Review the legal theories or principles that the court uses in deciding the case. There may be more than one, so do a thorough analysis. 6) Implications In this instance, how does this case relate to the subject matter of the chapter and the course as a whole Business Law II Writing Research Project Paper: (Using ALL of the information you have researched) Organization of Paper ___10%___________ Cites to your materials MLA (footnotes)___10%___________ Detailed description of Regulatory Scheme ___20%___________ This should include your statutes, regulations, and cites to all How do businesses comply with Scheme ___20%___________ Here is where you will need to bring in the cases previously briefed, and any law reviews or journals, trade journals, media, and other relevant information. What pitfalls to avoid ___20%___________ What happens if the business does not comply. How do they avoid these consequences? Summary and Conclusion ___10%___________ What have you learned, how would you advise businesses about this area of law? Your opinion of Scheme and Process ___10%___________ A first person review of not only the Regulatory Scheme, but the process of putting together a Notebook PRIOR to writing a term paper and presentation. Total ______________ Opinions should always be expressed in the first person. There will be a separate section for these. Opinions do not belong in the conclusion.
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