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Full-Text Articles in Law

Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell Jan 2018

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 Jan 2016

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 Jan 2014

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 Jan 2013

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 Jan 2011

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 Jan 2010

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 Jan 2007

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 Jan 2005

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 Jan 2000

Eliminating The Destitution Of America's Homeless: A Fair, Federal Approach, Alexander Tsesis

Faculty Publications & Other Works

No abstract provided.