Law Commons^™

Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang

Duke Law & Technology Review

The United States Congress recently passed the first federal legislation to curb the influx of spam. However, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") left some measures to be enacted by the Federal Trade Commission ("FTC"), and some consumers are calling for the Act to have a broader reach and for the creation of a Do-Not-E-Mail registry. Conversely, the FTC decided to delay the creation of a registry and opted to assist in the development of a new technological authentication system. This iBrief looks at the current state of spam and explains that it is …

Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …

Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul R. Rice

Loyola of Los Angeles Law Review

No abstract provided.

Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey

William & Mary Law Review

No abstract provided.

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan

William & Mary Law Review

No abstract provided.

The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati

Nevada Law Journal

No abstract provided.

Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser

Chicago-Kent Law Review

The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain …

A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried

Loyola of Los Angeles Law Review

No abstract provided.

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.

An Essay On The Right Of Judges And Judicial Candidates To Freedom Of Speech, Robert F. Orr

First Amendment Law Review

No abstract provided.

Contents, First Amendment Law Review

First Amendment Law Review

No abstract provided.

A Matter Of Perspective, Penny J. White

First Amendment Law Review

No abstract provided.

North Carolina In The Post White Decision World: Where We Are, How We Got There, And Where To Go Next, J. Christopher Heagarty

First Amendment Law Review

No abstract provided.

When Free Speech And Free Elections Collide: A North Carolina Case Study, Robert H. Halll

First Amendment Law Review

No abstract provided.

Foreword, Francesca Bignami

Law and Contemporary Problems

No abstract provided.

Editor's Note, Jennifer J. Monberg

Federal Communications Law Journal

No abstract provided.

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

An Introduction To Lessigian Thought, Russ Taylor

Federal Communications Law Journal

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, Lawrence Lessig, New York: Penguin Press, 2004, 306 pages.

A review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity by Lawrence Lessig. Lawrence Lessig is a frequent commentator and prolific writer on media and communications topics. His body of work touches copyright issues, radio spectrum policy, media ownership issues, and legal ownership and control of the physical platforms that deliver broadband content. In this 2004 publication, he focuses on copyright policy. …

Masthead Vol.57 No.1 (2004)

Federal Communications Law Journal

No abstract provided.

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …

Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain

Federal Communications Law Journal

In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …

Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower

Alaska Law Review

No abstract provided.

Three Generations Of Participation Rights Before The European Commission, Francesca Bignami

Law and Contemporary Problems

Bignami offers a conceptual framework for analyzing the development of participation rights before the European Commission from the early 1970s to the present day. Process rights before the Commission can be divided into three categories, each of which is associated with a distinct phase in European Community history and a particular set of institutional actors.

The Proceedings Of The European Ombudsman, Simone Cadeddu

Law and Contemporary Problems

Given the severe institutional shortcomings of the European Ombudsman and the poor understanding of his duties among European citizens, the Ombudsman's information strategy does not appear to have been very effective so far. With dedication and activism, the Ombudsman continues to travel tirelessly year after year, participating in conferences, seminars, meetings, and visits with officials of Community and national institutions in all of the 25 Member States.

Www.Whatsina.Name, Anthony M. Verna Iii

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Stadium-Style Seating Movie Theaters: Does The Cornerstone Of The Theater Industry's Recent Transformation Violate The Americans With Disabilities Act?, Andrea W. Hattan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Sports Liability Waivers And Transactional Unconscionability, Douglas Leslie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.