Digital Commons Network^™

A Comparative Perspective On Immigration Law For Same-Sex Couples: How The United States Compares To Other Industrialized Democracies, James D. Wilets

Faculty Scholarship

No abstract provided.

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system.

A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important issue of what happens when a diver's failure to act results in his buddy's death or serious injuries. This article …

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.

Playing In The Virtual Arena: Avatars, Publicity, And Identity Reconceptualized Through Virtual Worlds And Computer Games, Jon M. Garon

Faculty Scholarship

In many respects, the commercial and social interactions within virtual worlds are essentially the same as those interactions conducted face-to-face or over less engrossing technologies, however, the immersive nature of the virtual world redefines the nature of the experience. Because virtual worlds mimic their bricks-and-mortar counterparts, they exhibit commercial attributes unlike those of plays, television shows, or motion pictures. To the extent that there is commerce conducted within the medium, the historic separation between commercial conduct and expressive speech must be reconceptualized. In the first instance, such legal line drawing will necessarily be done with crude tools, so this article …

To Make A Difference: Dean As Producer, Jon M. Garon

Faculty Scholarship

As I look at my fifth year as Dean of Hamline University School of Law, I am often struck by the dissonance between my professional life, as a lawyer and law professor, and my administrative life, as a dean within a small university. In both roles, I remain driven to make a difference for the individuals I serve and the broader community in which we live. But these roles have never sat comfortably, one with the other. I am a product of my unique practice and academic experience. An entertainment lawyer by disposition, my field includes a broad array of …

What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon

Faculty Scholarship

Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, movies on DVDs, and audio files sold on iTunes and other Internet sites. DRM unfairly extends copyright and that legal protection is unnecessary to the robust development of new creative works Critics of the DMCA have charged that the law has extended well past its anti-piracy role to undermine fair …

Reintermediation, Jon M. Garon

Faculty Scholarship

Jon M. Garon, Reintermediation, 2 Int. J. of Private Law 227 (2009).

The digital revolution has interrupted traditional supply chains and wholesaler relationships with manufacturers and retailers, companies are developing new methodologies to create supplier loyalty critical to control of market share. This article documents the leading strategies being utilised by companies to reassert their relevance in the value proposition for their clients and the consequences of these new business models on intellectual property law, privacy rules and influences on judicial contract interpretation. In Philip Evans and Thomas Wurster's bestselling book, Blown to Bits (Harvard Business Press, 1999), the …

Creating A Legal Society In The Western Hemisphere To Support The Hague Convention On Civil Aspects Of International Child Abduction, Timothy Arcaro

Faculty Scholarship

No abstract provided.

Scuba Diving Buddies: Rights, Obligations, And Liabilities, Phyllis G. Coleman

Faculty Scholarship

Phyllis Coleman, Scuba Diving Buddies: Rights, Obligations, and Liabilities, 20 University of San Fransisco Maritime Law Journal 75 (2008). A common misconception is that scuba diving is dangerous; the reality is that divers are more likely to be hurt in their cars driving to the dive site than in an underwater accident. Arguably one reason the sport is so safe is the widespread, and often mandatory, use of the buddy system. A buddy expects his partner to perform a variety of tasks, which include assisting during an emergency. However, a glaring omission in the legal literature is the important …

Teaching Law Office Management: Why Law Students Need To Know The Business Of Being A Lawyer, Debra Moss Curtis

Faculty Scholarship

Debra Curtis, Teaching Law Office Management: Why Law Students Need to Know the Business of Being a Lawyer, 71 Albany Law Review 201 (2008). This work examines the course "Law Office Management" and its place in the legal education curriculum. In discussing expert resources on law curriculum development as the MacCrate report and the Carnegie Foundation, the clear message emerges that practical skills of all types should be taught to law students. The article examines these skills and offers solutions as to how this education can be accomplished.

This Is The End… My Friend: Disgorgement, Dissolution And Sequestration As Remedies Under State Udap Statutes, Michael Flynn

Faculty Scholarship

No abstract provided.

Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).