Digital Commons Network^™

Architecture As Art? Not In My Neocolonial Neighborhood: A Case For Providing First Amendment Protection To Expressive Residential Architecture, Janet Elizabeth Haws

BYU Law Review

No abstract provided.

The Sleeper Scenario: Terrorism-Support Laws And The Demands Of Prevention, Robert Chesney

Bobby Chesney

This article provides a comprehensive overview of the law prohibiting the provision of material support to designated foreign terrorist organizations (as well as two related statutes). In it, I examine the origins of the statute, the manner in which it can be used to prosecute persons suspected of being potential terrorists, and an array of constitutional and security-based objections to the law. The article concludes with suggestions for reform.

Tobacco Regulation Review, V. 4, No. 2, Dec. 2005

Tobacco Regulation Review

No abstract provided.

Caught In The Middle: The Effect Of Increased Visa Requirements On Non-Profit Performing Art Organizations, Sara Elizabeth Macks

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Amending The Natural Born Citizen Requirement: Globalization As The Impetus And The Obstacle, Sarah P. Herlihy

Chicago-Kent Law Review

With the rise of non-native-born American politicians, the natural born citizen requirement in the United States Constitution has received much publicity. This note examines the history and background of the requirement that our President be born in this country. This note then focuses on how the increase of globalization should compel Americans to pass a constitutional amendment to repeal the natural born citizen requirement and discusses the reasons why many Americans oppose such a constitutional amendment. The note then explores some of the current misconceptions about globalization and concludes that Americans' fears and misconceptions of globalization may very well prevent …

Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian

BYU Law Review

No abstract provided.

Population Participation And Other Factors That Impact The Compilation And The Utility Of Resulting Databases, Henry T. Greely

Louisiana Law Review

No abstract provided.

Vol. 56, No. 6, November 15, 2005, University Of Michigan Law School

Res Gestae

•Professors Provide Powerful Exam Tips •Question on the Quad •Professor Herzog Talks Torts, Teaching, and Swift •Over 70 M-Law Students 'Get Arrested' With New Club •Academic Journals: Humanity's Only Hope? •Introducing the Poetry of Elizabeth Bishop •Abandon All Cell Phones, All Ye Who Enter •Jenny Runkles Photos •Three Years in the Life of 3L Section ABCD •2L Speaks Out on Gender, Grades, and Giving Hugs •Addiction Can be a Good Thing •On the Supreme Court, Love and Basketball •'Twas the Night Before Finals

Size Matters (Or Should) In Copyright Law, Justin Hughes

Articles

American copyright law has a widely recognized prohibition against the copyrighting of titles, short phrases, and single words. Despite this bar, effective advocacy has often pushed courts into recognizing independent copyright protection for smaller and smaller pieces of expression, particularly in recent cases involving valuation and taxonomy systems. Copyright case law is rife with dicta suggesting protection of short phrases and single words.

This instability in copyright law is rooted in the fiction that we deny copyright protection to short phrases and single words because they lack originality. In fact, there are many short phrases that cross copyright's low threshold …

Distinctively Delineated Fictional Characters Who Constitute The Story Being Told: Who Are They And Do They Deserve Separate Copyright Protection?, Jasmina D. Zecevic

ExpressO

Literary characters are protected within the copyright of the original work in which they appear, but the law is less clear when a character is separated from the original work and leads an independent life. The two main tests articulated by courts to deal with the phenomenon of an independent character, the “distinctly delineated” and “story being told” tests have not been particularly helpful. The tests are mainly used after a decision has already been reached to give the decision additional validity by uttering the magic words “distinctly delineated” or “story being told”.

A better alternative is to rely on …

Notre Dame Lawyer - Fall 2005, Notre Dame Law School

Notre Dame Lawyer

No abstract provided.

Politically Motivated Bar Discipline, James E. Moliterno

Faculty Publications

Bar discipline and admission denial have a century~long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.

Aid And Comfort: Rasul V. Bush And The Separation Of Powers Doctrine In Wartime, Ryan Mckaig

Campbell Law Review

By failing to recognize the challenges facing political and military leaders in the wake of the September 11, 2001 attacks, in reversing fifty-four years of precedent relied upon by the executive branch, and in failing to consider the political question doctrine, the Supreme Court in Rasul charted a dangerous constitutional course that could lead to greater judicial involvement in war-making powers and greater levels of conflict among the three branches. These trends will ultimately threaten the nation's ability to fight and win future wars. The decision is ill-advised, ill-timed, and invites unintended consequences.

Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon

ExpressO

No abstract provided.

Vol. 56, No. 1, August 29, 2005, University Of Michigan Law School

Res Gestae

•Career Services Dispels Seven Myths of Early Interview Week •How to Succeed at OCI Without Really Trying •Top Ten Reasons to Say "Yes!" When a 3L Asks You Out •Learn How to Find a Firm Job and Be Happy •The OCI Drinking Game! •Frequently Answered Questions at OCI •Crossword

Rfk, Day Of Affirmation Speech And Human Rights In America, Stuart Weinstein

ExpressO

An examination of Robert Kennedy historic Day of Affirmation speech made forty years ago. Is the role he envisioned for the US to play in international affairs and in advancing the cause of freedom and social justice for all humanity relvant in a post-Iraq abu Gharaib world?

Expressive Association After Dale, David E. Bernstein

George Mason University School of Law Working Papers Series

The right to join with other people to promote a particular outlook, known as the right of expressive association, is a necessary adjunct to the right of freedom of speech, which is protected by the First Amendment of the United States Constitution. In Boy Scouts of America v. Dale, the United States Supreme Court found that the Boy Scouts of America had a First Amendment expressive association right to exclude a homosexual adult volunteer. Dale is likely to prove to be one of the most important First Amendment cases of recent years, because the Court enforced a broad right of …

Lawrence Friedman: The Legal Historian And The Social Organization Of Criminal Justice, Robert J. Cottrol

Tulsa Law Review

No abstract provided.

The Eye That Never Sleeps: Privacy And Law In The Internet Era, Lawrence M. Friedman

Tulsa Law Review

No abstract provided.

Ireland's New Responsibility: Refugees Buy The Irish Another Round, Shae D. Armstrong

ExpressO

Over the previous decade, Ireland's economic boom has attracted asylum seekers from around the globe to this small island nation. Ireland's economic explosion created growing pains for industrial sectors of the Irish economy. Ireland’s continued willingness to diversify its neighborhoods will promote even greater economic prosperity. Furthermore, refugees will satisfy several of the economic demands of Ireland’s massively growing economy. Asylum seekers granted refugee status in Ireland will satisfy present labor shortages in Ireland. Also, these refugees will allow Ireland to establish an economic partnership with non-EU countries that have a propensity to export asylum seekers.

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Indecent Exposure? The Fcc's Recent Enforcement Of Obscenity Laws, William Davenport, Jeffrey Hoeh, C. Edwin Baker, Paul J. Mcgeady

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Oversight Of The Usa Patriot Act: Hearing Before The S. Comm. On The Judiciary, 109th Cong., Apr. 5, May 10, 2005 (Statement Of David D. Cole, Prof. Of Law, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.

The Forum (Volume 34, Number 10), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Wto's Dispute Resolution Mechanism: Does The United States Take It Seriously? A Trips Analysis, Alain J. Lapter

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Criminalizing Silence: Hiibel And The Continuing Expansion Of The Terry Doctrine, E. Martin Estrada

Saint Louis University Law Journal

No abstract provided.

Vol. 55, No. 13, March 15, 2005, University Of Michigan Law School

Res Gestae

•Elections Approach for Law School Rep to Michigan Student Assembly •Prof Evals Should be Posted •SNARL Transforms Law School into Simulated Refugee Crisis •Boykin's Speech Addresses African-American, GLBT Issues •Getting Down to Business with Professor Pritchard •Civil Rights Attorney Speaks About Abu Ghraib Abuses •American Constitution Society to Launch Michigan Lawyer Chapter •Bar Month Photos •APALSA 'Origins' Show: In Pictures •Question on the Quad •'Origins' Celebrates Spring, Culture •It's Always the Season to GO BLUE! •I Hereby Announce My Retirement •Bid Until it Hurts at the SFF Auction •Married Law Student's Sanity Vanishes

The Opinion Volume 43 Issue 5 – March 1, 2005, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated March, 1, 2005

Deep Freeze: Islamic Charities And The Financial War On Terror., Erich Ferrari

The Scholar: St. Mary's Law Review on Race and Social Justice

A balance between anti-terror legislation and civil liberties must be struck. The United States’ “financial war on terror,” following the attacks on September 11, 2001, has had negative consequences for global philanthropy. Charities supplying aid to Muslims in the Middle East and Central Asia have been affected the most, thwarting the acceptance of aid where it is needed. Legislation like the International Emergency Economic Powers Act (IEEPA) has allowed the government to freeze the assets of certain Islamic charities that allegedly aid and abet terrorism. Under this Act, the President has the power to regulate international economic dealing. Subsequent amendments …

Question Autonomy, With An Asterisk, Anita Bernstein

Faculty Scholarship

No abstract provided.