The designs were not practicably copyrighted or patented, so that " the plaintiff, which is put to much ingenuity and expense in fabricating them, finds itself without protection of any sort for its pains . " Since the designs were short lived, plaintiff sought " hot-news " type of protection from equity, for less than a year.
22.
To provide effective care, all of the patient's needs ( which are determined by assessing the patient's specific abilities and preferences relative to each activity, based on the factors listed ) must be met as practicably as possible through supporting the patient to meet those needs independently or by providing the care directly, most preferably by a combination of the two.
23.
Accordingly, the proper criteria for defining a geographic market is that " area in which the seller operates, and to which the purchaser can practicably turn for supply . " ( Citing " Tampa Elec . ", 365 U . S . at 327 . ) While that area is not ordinarily susceptible to a " metes and bounds definition, " it is the area in which " producers effectively compete . " " Id ."
24.
Hecht requested an instruction that if the jury found ( 1 ) that use of RFK stadium was essential to the operation of a professional football team in Washington; ( 2 ) that such stadium facilities could not practicably be duplicated by potential competitors; ( 3 ) that another team could use RFK stadium in the Redskins absence without interfering with the Redskins use; and ( 4 ) that the [ exclusivity provision ] prevented equitable sharing of the stadium by potential competitors, then the jury must find the [ provision ] to constitute a contract in unreasonable restraint of trade.
25.
He acknowledged that seamen were not laborers or mechanics and, when working at sea, could not practicably be brought within the limits of an eight-hour day, but he added that when a seaman is hired to do other work, such as dredging along the coast, he is not working as a seaman but can in fact be described as a laborer or mechanic . Justice Moody did not find it meaningful for the purposes of the case that the scows and dredges were vessels, or those employed upon them for some purposes are deemed seamen ; rather, what mattered was what kind of work the men were engaged in while employed by the appellants.
26.
The district court erred, the Court said, in defining the geographic market as the whole Northeastern US : " The proper question to be asked in this case is not where the parties to the merger do business or even where they compete, but where, within the area of competitive overlap, the effect of the merger on competition will be direct and immediate . " Quoting the " Tampa Electric " case, the Court explained that " area of effective competition in the known line of commerce must be charted by careful selection of the market area in which the seller operates, and to which the purchaser can practicably turn for supplies . " The Court said purchasers could practically turn only to banks in the Philadelphia Metropolitan Area, even if PNB and other banks might be able to complete in the larger Northeastern US area.
27.
It does not work in refusal-to-deal cases, he points out, because it is impossible to tell whether a buyer acquiesces in a seller's demand in order to avoid the seller's unilaterally refusing to deal with him if he does not acquiesce, " only to get the product, not caring what others do, " or instead does so because " it is necessary that all dealers adhere to the seller's wishes for the restrictive plan to succeed . " It is thus " practicably impossible to determine whether the conscious parallelism was dependent or interdependent, in the sense that there was or was not a unity of anticompetitive purpose among the seller and acquiescing dealers . " Day concludes that a better legal test " must be found if there is to be any positive means for distinguishing between lawful and unlawful refusals to deal ."
28.
Comparative public administration emerged during the post World War II time period in order to seek international developmental strategies which aided in the containment of Communism during the Cold War . ( Riggs 1954, Heady 1960 ) The developers of this field expanded on a general theory, a research agenda, and generalized " lessons learned " . ( Riggs 1954, Heady 1960 ) A prominent figure of Public Administration, Woodrow Wilson, commented on the study by saying, " Like principles of civil liberty are everywhere fostering like methods of government; and if comparative studies of the ways and means of government should enable us to offer suggestions which will practicably combine openness and vigor in the administration of such governments with ready docility to all serious, well-sustained public criticism, they will have approved themselves worthy to be ranked among the highest and most fruitful of the great departments of political study . " As the financial state of the powering countries began to stabilize toward the decline of the Cold War, the field of CPA began to diminish.
