Digital Commons Network^™

Bridging Bisexual Erasure In Lgbt-Rights Discourse And Litigation, Nancy C. Marcus

Michigan Journal of Gender & Law

LGBT rights are at the forefront of current legal news, with “gay marriage” and other “gay” issues visible beyond dispute in social and legal discourse in the 21st Century. Less visible are the bisexuals who are supposedly encompassed by the umbrella phrase “LGBT” and by LGBT-rights litigation, but who are often left out of LGBTrights discourse entirely. This Article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse. The Article surveys the bisexual erasure legal discourse to date, and examines the causes of bisexual erasure and its harmful consequences for bisexuals, the broader LGBT community, …

Doric Columns Are Not Falling: Wedding Cakes, The Ministerial Exception, And The Public-Private Distinction, James M. Oleske Jr.

Maryland Law Review

No abstract provided.

Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner

BYU Law Review

No abstract provided.

Voir Dire: Strategy And Tactics In The Defense Of Social And Political Activists, Murray R. Bowes

Akron Law Review

With the courts increasingly being the forum for legal disputes between those who demand change in the superstructure and those who represent (or are) the structure, a rather unfortunate by-product has evolved: a feeling that the courts can no longer adequately dispense justice.8 This manifests itself in beliefs that if one is prosecuted for activities that were designed to advance social change, either in violation of the law or not, that the individual will not be afforded a fair trial; 9 a reflection that the social or political activist will not be judged by an impartial jury….For the purposes of …

Volume 49, Issue 1 (Summer 2015), University Of Georgia School Of Law

Advocate Magazine

TABLE OF CONTENTS

• From the Dean
• Introducing Dean Bo Rutledge
• The post-postcolonial woman or child
• It's time for postal banking
• Is a tech audit in your future?
• Headlines
• Hirsch Hall Highlights
• Faculty Accomplishments
• Student Briefs
• Alumni/Alumnae Activities
• Why I made a planned gift to Georgia Law

Working Toward World Peace In Non-International Armed Conflict: In A World Of Uncertainty, Terrorism, And Disagreements, Is It Ossible?, Victoria Carlton

Brigham Young University International Law & Management Review

No abstract provided.

Reconsidering The Original Founding Of Indian And Non-Indian America: Why A Second American Founding Based On Principles Of Deep Diversity Is Needed, Raymond Cross

Public Land & Resources Law Review

No abstract provided.

Justice Brennan's Gender Jurisprudence, Rebecca Korzec

Akron Law Review

However, less attention has been focused on Justice Brennan's dramatic impact on the Supreme Court's gender jurisprudence. More than any other member of the Court, Justice Brennan recognized the complexity and pervasiveness of sex discrimination and its costs to society as a whole. Brennan's opinions recognized that sex differentiation is largely cultural in origin, rather than based on "real" gender differences. As a result, Justice Brennan created a truly independent gender jurisprudence, eventually emerging as the architect of the Supreme Court's contemporary test for evaluating claims of sex-based discrimination.

Understanding the significance of Brennan's contribution requires an appreciation of the …

White Privilege And Affirmative Action, Sylvia A. Law

Akron Law Review

Since 1996, many authoritative voices challenge the legitimacy of affirmative efforts to achieve racial integration. The Supreme Court has struck down many affirmative action programs. The Court has not upheld any affirmative action program since 1989, when, by a 5-4 decision, it approved a narrowly targeted Congressional program to encourage minority ownership of broadcast licences. In 1996, California voters approved Proposition 209, broadly prohibiting any form of affirmative action on the basis of race or gender. In the same year, in the Hopwood decision, the Fifth Circuit held that the University of Texas could not give any consideration to race …

Criminal Defense Attorneys And Noncitizen Clients: Understanding Immigrants, Basic Immigration Law & How Recent Changes In Those Laws May Affect Your Criminal Cases, Melinda Smith

Akron Law Review

This paper provides criminal defense attorneys with a basic background for understanding their noncitizen clients. First, this paper presents a sociological look at immigration in Part II, including a look at modern anti-immigration sentiment, the assimilation process, and the psychological effects of readjustment. Part III explains the basics of immigration law as well as the legal backdrop for the drastic changes in the laws affecting immigrants that took place in 1996. This segment includes a discussion of the constitutional rights historically afforded aliens, as well as the ways in which the scope of those rights has been narrowed by both …

Judicial Notice And The Law's "Scientific" Search For Truth, Christopher Onstott

Akron Law Review

Part I of this Article begins by introducing the concept of judicial notice followed by a short background defining the scope of scientific and technical principles. Part II addresses the problems created by the current judicial notice standard. The standard’s text is problematic, and courts’ diverse interpretations of the standard have also created problems. Part III analyzes whether scientific and technical principles merit a different judicial notice standard specifically for them. This Part concludes that the inherent inconsistency of science and technical knowledge with the current standard and the judicial shortcomings in scientific/technical competence justify different legal treatment. Finally, Part …

Doma And Diffusion Theory: Ending Animus Legislation Through A Rational Basis Approach, David J. Herzig

Akron Law Review

The purpose of this Article is to expand the scope of the discussion from one of morality to include a sociological approach, called Diffusion Theory...Section II of this Article explains Diffusion Theory. Section III explores the background of DOMA and the factual background in which DOMA is being challenged by the states and private citizens. Section IV discusses the fundamentals behind the Florida adoption ban and how the change in the message by the challengers has proven effective. The final part, Section V, analyzes whether the approach should center on the inevitability of the change, as reflected in the Justice …

Privatizing Human Rights? Creating Intellectual Property Rights From Human Rights Principles, David S. Welkowitz

Akron Law Review

This article focuses on one human rights treaty, the Convention, and the possible uses of its provisions to secure and expand intellectual property rights (“IP rights”). Although the Convention does not contain any provision specifically referencing IP rights, it does contain several provisions that could be used to expand IP rights. Furthermore, the existence of a substantial body of interpretive case law from the ECHR affords us a more detailed perspective on the manner in which the Convention could be used to further IP rights. Finally, the group of countries adhering to the Convention, though all part of Europe, represent …

Chooseyourjudges.Org: Treating Elected Judges As Politicians, Ric Simmons

Akron Law Review

In order to combat this problem of voter ignorance, I recently created a website designed to provide voters with information about judicial elections...Creating the website posed unique practical challenges, such as how to gather the information about the candidates and how to present it to the voter in a way that was meaningful and useful to a non-lawyer. But it also raised even more fundamental questions about the purpose of judicial elections and the role voters are meant to play in the process. This Article describes these challenges and questions, and then proposes my own initial solutions to them, in …

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …

Consumption By Destination: The Practical Aspects Of Adopting The Destination Principle, Gerald A. Byrnes

UC Law Journal

Corporate tax reform has been a “hot button” tax issue for numerous years now. The complex and inefficient double taxation model has proven to be particularly ill equipped to properly tax large multinational entities. One popular idea to solve these concerns is to switch to a consumption tax. However, there are still questions about how to model said tax, particularly in the international context: should a country tax be based on where products are destined for, or on where they originate? This Note focuses on the practical appeal of preferring the destination principle to the origin principle, should the United …

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would seem …

Settling The Long War: Alternative Dispute Resolution And The War On Terror, Matthew P. Chiarello

William & Mary Law Review

No abstract provided.

Transcendental Sense And A Playful Approach: The Treaty Of Waitangi, Richard Dawson

Mercer Law Review

...

My experience of reading Jack Sammons has resembled an OE [overseas experience]. In particular, I became aware of some taken-for-granted language that can conceal important dynamics in our engagement with language. I had explicitly identified some virtues relating to exercising "control" over language but had, as Sammons suggested, neglected possible vices. In order to avoid these vices, I could alter attention from "control" to "play," in the sense of a movement that can combine control with the out-of-control. (There are some virtues associated with the out-of-control, such as openness and receptivity.). Such play does not lend itself well to …

Public Accommodations And The Civil Rights Act Of 1964: A Surprising Success?, Brian K. Landsberg

Journal of Public Law and Policy

No abstract provided.

Non-Military Intervention By International And Regional Organizations In Internal Conflicts, Frank C. Newman

Georgia Journal of International & Comparative Law

No abstract provided.

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens

Buffalo Human Rights Law Review

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.

The Politics And Incentives Of First Amendment Coverage, Frederick Schauer

William & Mary Law Review

No abstract provided.

Reconciling Intellectual And Personal Property, Aaron Perzanowski, Jason Schultz

Notre Dame Law Review

This Article builds on our earlier work on exhaustion. We have previously emphasized the common law origins of copyright exhaustion, arguing for a judicial interpretation that is more expansive than the narrow statutory first sale rule. Subsequently, we have advocated increased reliance on exhaustion to resolve a range of disputes over personal use by consumers that are typically analyzed through the lenses of fair use and implied license. And, most recently, we have outlined two competing legislative frameworks for a contemporary exhaustion regime as a part of the broader copyright reform effort. This Article examines both the forces undermining copy …

Technology-Based Experiential Learning: A Transnational Experiment, Tahirih Lee

Journal of Legal Education

No abstract provided.

European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley

Georgia Journal of International & Comparative Law

No abstract provided.

A Fresh Look At Tests For Nonliteral Copyright Infringement, Pamela Samuelson

Northwestern University Law Review

Determining whether a copyright has been infringed is often straightforward in cases involving verbatim copying or slavish imitation. But when there are no literal similarities between the works at issue, ruling on infringement claims becomes more difficult. The Second and Ninth Circuits have developed five similar yet distinct tests for judging nonliteral copyright infringement. This Essay argues that each of these tests is flawed and that courts have generally failed to provide clear guidance about which test to apply in which kinds of cases.

This Essay offers seven specific strategies to improve the analysis of nonliteral infringements. Courts should do …

An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred

Richmond Journal of Law & Technology

“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.

Salvaging The North Carolina Teacher-Cyberbullying Statute, James L. Seay Iii

Campbell Law Review

In 2012, the North Carolina General Assembly criminalized student Internet activity intended to “torment” school employees. This Comment contends that the legislation violates the First and Fourteenth Amendments. It violates the First Amendment because it creates both subject matter and viewpoint limitations on speech. It violates the Fourteenth Amendment because the requirement that the student must intend to “torment” a school employee creates an impermissibly vague standard. This Comment suggests that the North Carolina General Assembly could correct the constitutional deficiencies in the legislation through revisions that limit punishment to “true threats.” Such revisions would reign in the broad coverage …