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Full-Text Articles in Law
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
Michigan Telecommunications & Technology Law Review
When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a …
Will It Make My Job Easier, Or What's In It For Me?, Kenneth N. Flaxman
Will It Make My Job Easier, Or What's In It For Me?, Kenneth N. Flaxman
Michigan Law Review First Impressions
Putting aside philosophical questions about public access to government proceedings—what we now call “transparency”—and without regard to whether televising Supreme Court arguments is a logical extension of the common law’s “absolute personal right of reasonable access to court files” as described in 1977 by the Seventh Circuit in Rush v. United States, my real concern about whether Supreme Court arguments should be televised is somewhat narcissistic. Will it make my job—as a plaintiff’s civil rights lawyer who dabbles in criminal defense and post-conviction matters and who has had five adventures as “arguing counsel” in the Supreme Court—easier? I explain below …
Constitutional Etiquette And The Fate Of "Supreme Court Tv", Bruce Peabody
Constitutional Etiquette And The Fate Of "Supreme Court Tv", Bruce Peabody
Michigan Law Review First Impressions
In traditional media outlets, on the Internet, and throughout the halls of Congress, debate about whether the Supreme Court should be required to televise its public proceedings is becoming more audible and focused. To date, these discussions have included such topics as the potential effects of broadcasting the Court, the constitutionality of Senator Arlen Specter’s current congressional initiative, S. 344, and how the public would use or abuse televised sessions of our highest tribunal.
The Right Legislation For The Wrong Reasons, Tony Mauro
The Right Legislation For The Wrong Reasons, Tony Mauro
Michigan Law Review First Impressions
Senator Arlen Specter took a bold and long-overdue step on January 22, 2007, when he introduced legislation that would require the Supreme Court to allow television coverage of its proceedings. But instead of making his case with a straightforward appeal to the public’s right to know, Specter has introduced arguments in favor of his bill that seem destined to antagonize the Court, drive it into the shadows, or both. Chances of passage might improve if Specter adjusts his tactics.
Gee Whiz, The Sky Is Falling!, Boyce F. Martin Jr.
Gee Whiz, The Sky Is Falling!, Boyce F. Martin Jr.
Michigan Law Review First Impressions
I am reminded of Chicken Little’s famous mantra as I listen to some Supreme Court Justices’ reactions to the prospect of televising oral arguments. Their fears—such as Justice Kennedy’s warning that allowing cameras in the courtroom may change the Court’s dynamics—are, in my opinion, overblown. And some comments, most notably Justice Souter’s famous exclamation in a 1996 House subcommittee hearing that “the day you see a camera come into our courtroom, it’s going to roll over my dead body,” make it sound as if the Justices have forgotten that our nation’s court system belongs to the public, not merely the …
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Michigan Law Review First Impressions
Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing …
C-Span's Long And Winding Road To A Still Un-Televised Supreme Court, Bruce D. Collins
C-Span's Long And Winding Road To A Still Un-Televised Supreme Court, Bruce D. Collins
Michigan Law Review First Impressions
In 2005 when Senator Arlen Specter (R-PA) first proposed legislation requiring the Supreme Court of the United States to televise its oral arguments, he resuscitated a twenty-plus-years long effort by several news organizations to achieve the same goal. For at least that long, C-SPAN has been ready to provide the same kind of video coverage of the federal judiciary as it has been providing of the Congress and the president. If cameras are ever permitted in the high Court’s chamber, C-SPAN will televise every minute of every oral argument, frequently on a live basis, and will do so in its …
The Distrust Of Politics, Terrance Sandalow
The Distrust Of Politics, Terrance Sandalow
Articles
In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Administrative Law - Judicial Control - Appellate Review Of Federal Trade Commission Proceedings, David A. Nelson S. Ed.
Michigan Law Review
During its forty-five year life the Federal Trade Commission has gone through some difficult periods to emerge today as one of the fundamental instrumentalities of government in the regulation of business. Its vast powers and influence, well known to lawyers, will not be explored here. Rather, the purpose of this comment is to appraise the extent of control which the judiciary now exercises over the commission in its adjudicative functions, so as to offer some indication to the practitioner of the probabilities regarding the outcome of judicial review on an appeal beyond the full commission. The approach to be used …
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Freedom From Uncertainty In Income Tax Exemptions, Maurice Finkelstein
Michigan Law Review
Exemptions from obligations to government are as old as Scripture. It is not strange, therefore, that the public interest in humane government should dictate numerous exemptions from the income tax levy, particularly when one considers that the income tax has long ceased to be simply a revenue producing vehicle. The regulation of inflation or deflation, the control of corporate financial structures, the distribution of wealth, all these and many other concern of government have entered into the formula of our income tax laws. The selection of those who are to be benefited by the tax exemption is, of course, made …
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Regulation Of Business-Antitrust Law As Affected By Standard Oil Company Of California V. United States, William R. Worth S. Ed.
Michigan Law Review
In Standard Oil Company of California v. United States, the Supreme Court of the United States has given what appears to be a final and definitive answer to this question, although differing from what had formerly been thought to be the "final and definite answer." This comment will be centered on that case and its implications.
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
State Utilities And The Supreme Court, 1922-1930, Thomas Reed Powell
Michigan Law Review
While enterprises that are "affected with a public interest" or "devoted to a public use" or that come within the class of strict public utilities may be compelled to do a number of things that strictly private enterprise may avoid, the power over utilities is not unlimited. Requirements deemed onerous may be contested as denials of due process of law. The constitutional issue thus raised under the Fourteenth Amendment entitles protestants to start injunction proceedings in federal courts and to seek appeals to the United States Supreme Court from unfavorable decisions of state courts. Often the complaint is not of …
Tenure Of Office Under The Constitution, Everett S. Brown
Tenure Of Office Under The Constitution, Everett S. Brown
Michigan Law Review
A review of TENURE OF OFFICE UNDER THE CONSTITUTION By James Hart.