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Articles 1 - 9 of 9
Full-Text Articles in Law
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Faculty Publications & Other Works
In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …
An Active Learning Approach To Teaching Tough Topics: Personal Jurisdiction As An Example, Cynthia M. Ho
An Active Learning Approach To Teaching Tough Topics: Personal Jurisdiction As An Example, Cynthia M. Ho
Faculty Publications & Other Works
No abstract provided.
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis
The Right To Erasure: Privacy, Data Brokers, And The Indefinite Retention Of Data, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.
The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose
The Constitutionality Of Government Fees As Applied To The Poor, Henry Rose
Faculty Publications & Other Works
No abstract provided.
Due Process In Civil Commitments., Alexander Tsesis
Due Process In Civil Commitments., Alexander Tsesis
Faculty Publications & Other Works
In one of its most controversial decisions to date, United States v Comstock, the Roberts Court upheld a federal civil commitment statute requiring only an intermediate burden of proof The statute provided for the postsentencing confinement of anyone proven by "clear and convincing evidence" to be mentally ill and dangerous. The law relied on a judicial standard established more than thirty years before. The majority in Comstock missed the opportunity to reassess the precedent in light of recent psychiatric studies indicating that the ambiguity of available diagnostic tools can lead to erroneous insanity assessments and mistake evaluations about patients' likelihood …
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
The Poor As A Suspect Class Under The Equal Protection Clause: An Open Constitutional Question, Henry Rose
Faculty Publications & Other Works
Both judges and legal scholars assert that the United States Supreme Court has held that the poor are neither a quasi-suspect nor a suspect class under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. They further assert that this issue was decided by the Supreme Court in San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973). It is the thesis of this article that the Supreme Court has not yet decided whether the poor are a quasi-suspect or a suspect class under Equal Protection. In fact, the majority in San Antonio Independent School …
Class Actions And The Poor., Henry Rose
Class Actions And The Poor., Henry Rose
Faculty Publications & Other Works
No abstract provided.
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufman
Faculty Publications & Other Works
No abstract provided.
Eliminating The Destitution Of America's Homeless: A Fair, Federal Approach, Alexander Tsesis
Eliminating The Destitution Of America's Homeless: A Fair, Federal Approach, Alexander Tsesis
Faculty Publications & Other Works
No abstract provided.