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Articles 1 - 7 of 7
Full-Text Articles in Law
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Still No Remedy After All These Years: Plugging The Hole In The Law Of Leaking Underground Storage Tanks, Jason M. Basile
Indiana Law Journal
No abstract provided.
The Party Expenditure Provision's Near Death Experience: Colorado Republican Federal Campaign Committee V. Federal Election Commission , Robert M. Knop
The Party Expenditure Provision's Near Death Experience: Colorado Republican Federal Campaign Committee V. Federal Election Commission , Robert M. Knop
American University Law Review
No abstract provided.
Hot News & No Cold Facts: Nba V. Motorola And The Protection Of Database Contents, David Djavaherian
Hot News & No Cold Facts: Nba V. Motorola And The Protection Of Database Contents, David Djavaherian
Richmond Journal of Law & Technology
In National Basketball Ass'n v. Motorola, the Second Circuit encountered the problematic issue of copyright preemption. Though the case did not directly involve the protection of database contents, NBA is a harbinger of judicial underprotection for the database industry. In holding that state misappropriation doctrine is preempted by the Copyright Act except in a very narrow class of "hot news" cases, NBA unduly restricts the common law's ability to prevent tortious behavior between database industry competitors. This underprotection has fueled a movement toward the legislative protection of database contents, but recent Congressional proposals, in their current form, leap to the …
Same-Sex Sexual Harassment After Oncale V. Sundowner Offshore Services, Inc.:Overcoming The History Of Judicial Discrimination In Light Of The "Common Sense" Standard, Jennifer J. Ator
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk
Texas Groundwater: Reconciling The Rule Of Capture With Environmental And Community Demands Comment., Stephanie E. Hayes Lusk
St. Mary's Law Journal
In order to avert the depletion of water resources, many states have attempted to enact legislation aimed at promoting water conservation. Such legislation has been known to conflict with outdated principles of property ownership, namely the rule of capture. The rule of capture vests landowners with property rights in water located directly beneath their land. Texas categorizes water based on whether the water flows above or below the surface. Surface water is typically the property of the state, with property owners having no possessory interest in the surface water. Yet, the opposite is true for groundwater, where all rights to …
Juries Under Siege., Phil Hardberger
Juries Under Siege., Phil Hardberger
St. Mary's Law Journal
Beginning in the late 1980s, the Texas Supreme Court saw a slew of conservative judges elected to the bench. With this new Court, previous expansions of the law were stopped. Jury verdicts became highly suspect and were frequently overturned for a variety of reasons. Damages too did not go unnoticed. Juries’ assessments were wiped out by increasingly harsher standards. The ripple effect of the Court’s conservative philosophy on the judicial process was substantial. Jury verdicts, few as they may be, are not subject to harsh scrutiny by conscientious appellate judges sworn to follow the Texas Supreme Court’s precedent. And the …
Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman
Freedom Of Speech - How Does The New York State Constitution Compare To The United States Constitution?, Eileen Kaufman, Leon Friedman
Touro Law Review
No abstract provided.