Law Commons^™

Haywood Remembrances: Alumni, Tracey Bing-Hampson, Gilma Camargo, Paula Distabile, Sheila Dugan, Kim Dvorchak, Linda Geary, Marty Glennon, Khalick Hewitt, Jaribu Hill, David Hyland, John Hynes, Shoshanna Malett, Bob Rose, Joy Rosenthal, K. Jacob Ruppert, Steven Salsberg, Nancy Schaef, Jeff Schwartz, Ira Sessler, Eleanor Stein

City University of New York Law Review

No abstract provided.

How Clark V. Arizona Imprisoned Another Schizophrenic While Signaling The Demise Of Clinical Forensic Psychology In Criminal Courts, Henry F. Fradella

City University of New York Law Review

No abstract provided.

Haywood Remembrances: Faculty And Staff, Penelope Andrews, Frank Deale, John Farago, Victor M. Good, Cathy Larsen, Julie Lim

City University of New York Law Review

No abstract provided.

The Rehnquist Court And The "Turnerization" Of Prisoners' Rights, James E. Robertson

City University of New York Law Review

No abstract provided.

Table Of Contents (Volume 82)

International Law Studies

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Constructing Class Action Reality, Debra Lyn Bassett

BYU Law Review

No abstract provided.

Grave Matters: The Ancient Rights Of The Graveyard, Alfred L. Brophy

BYU Law Review

No abstract provided.

Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel To Hmos' Impenetrable Erisa Shield, Charlotte Johnson

BYU Law Review

No abstract provided.

Square Pegs, Round Hole: The Fourth Amendment And Preflight Searches Of Airline Passengers In A Post-9/11 World, Steven R. Minert

BYU Law Review

No abstract provided.

All The Better To Eat You With, My Dear: The Need For A Heightened Harm Standard In Utah's Grandparent Visitation Statute, Tracy C. Schofield

BYU Law Review

No abstract provided.

Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia

BYU Law Review

No abstract provided.

The Relative Universality Of Human Rights (Revised), Jack Donnelly

Human Rights & Human Welfare

© Jack Donnelly. All rights reserved.

This article is forthcoming in Human Rights Quarterly.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website …

Clicking Away The Competition: The Legal Ramifications Of Click Fraud For Companies That Offer Pay Per Click Advertising Services, Daniel L. Hadjinian

Washington Journal of Law, Technology & Arts

Two businesses that advertise online, Lane's Gifts and Collectibles and Advanced Internet Technologies, recently filed lawsuits against Google, and other intermediaries that offer sponsored advertising services. The companies allege that these intermediaries failed to adequately protect them against "click fraud." Click fraud refers to the practice whereby competitors and other persons may click to view an online ad with no intention of buying, learning about the advertiser's services, or engaging in any other action that the ad aims to achieve. Plaintiffs allege that the intermediaries breached their contractual duties by charging the companies whose ads they hosted for fraudulent clicks, …

Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols

Washington Journal of Law, Technology & Arts

Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …

To Serve And Protect: Do Businesses Have A Legal Duty To Protect Collections Of Personal Information?, Derek A. Bishop

Washington Journal of Law, Technology & Arts

Commercial, governmental, and nonprofit organizations are more frequently reporting instances of data security breaches. This has, in turn, raised fears of identity theft. In some limited instances, companies that maintain large amounts of personal information—such as credit reporting agencies—have been subject to statutory duties to protect that personal information. In some instances, such legislation has also permitted a private cause of action for breach of these duties. Legislatures have expanded these statutes to encompass, at least to a limited degree, all business entities that collect personal information. Recent precedent indicates that courts may follow this trend by declaring security breaches …

T-Mobile Usa Inc. V. Department Of Finance For Baltimore City: What The Latest Salvo In Disproportional Cellular Phone Taxation Means For The Future, Daniel P. Slowey

Duke Law & Technology Review

Seventeen percent of the average monthly cellular phone bill in 2004 was comprised of federal, state, and local taxes. As the number of wireless subscribers across the nation continues to increase, states, cities, and counties are increasingly seizing upon cellular taxation as a panacea for budget shortfalls. The Maryland Tax Court’s recent decision in T-Mobile USA, Inc. v. Department of Finance for Baltimore City held state and county taxes on the sale of individual cellular lines as legal excise taxes rather than illegal sales taxes. This iBrief will highlight the origins of telecommunications taxation, examine the ruling in T-Mobile in …

Swing And A Foul Tip: What Major League Baseball Needs To Do To Keep Its Small Market Franchises Alive At The Arbitration Plate, Vittorio Vella

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The New Wada Code And The Search For A Policy Justification For Anti-Doping Rules, Eoin Carolan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Introduction: The First And Second Annual Brigham-Kanner Property Rights Conferences

William & Mary Bill of Rights Journal

Presented at the Brigham-Kanner Property Rights Conference.

Reaffirming The Right To Pretrial Assistance: The Surprising Little Case Of Fellers V. United States, James K. Tomkovicz

William & Mary Bill of Rights Journal

No abstract provided.

Testamentary Incorrectness: A Review Essay, Paul D. Carrington

Buffalo Law Review

No abstract provided.

Speech In, For, And By (?) The "Multiversity": Reflections Of A Recovering President, William R. Greiner

Buffalo Law Review

No abstract provided.

Reality Check For Production Companies: Why Writers On Reality Television Are Entitled To Overtime Pay, Alexis Miller

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

What Was Taney Thinking? American Indian Citizenship In The Era Of Dred Scott, Frederick E. Hoxie

Chicago-Kent Law Review

Historians have often noted that Chief Justice Taney's decision in Dred Scott juxtaposed a denial of African American rights to citizenship with an assertion that Native Americans could obtain that status. Explaining this apparently inconsistent description of two racial minority groups requires an examination of the history of Native American classification in the law prior to 1857. This article argues that political leaders and judges of Taney's generation were committed to the removal of Indian tribes from eastern states and commonly proposed this removal as a choice between migrating west or dissolving tribal governments in order to remain in the …

Where There's Smoke, There's Fire (And Brimstone): Is It Time To Abandon The Clergy-Penitent Privilege, Rena Durrant

Loyola of Los Angeles Law Review

No abstract provided.

Guideline Institutionalization: The Role Of Merger Guidelines In Antitrust Discourse, Hillary Greene

William & Mary Law Review

With the growth of the administrative state, agency-promulgated enforcement policy statements, typically referred to as guidelines, have become ubiquitous in the U.S. federal system. Yet, the actual usage and impact of such guidelines is poorly understood. Often the issuing agencies declare the guidelines to be nonbinding, even for themselves. Notwithstanding this disclaimer, the government, private parties, and even the courts frequently rely on the guidelines in a precedent-like manner. In this Article, Professor Greene examines the evolution of one system of enforcement policy guidelines-the U.S. federal antitrust merger guidelines--and finds that these guidelines have acted as a stealth force on …

Editor's Note, Casey M. Holsapple

Federal Communications Law Journal

No abstract provided.

You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar

Federal Communications Law Journal

Public broadcast stations in the United States are forbidden to air promotional announcements in exchange for payment from commercial entities. However, these stations must acknowledge any financial contribution from donors that support particular programs without promoting the goods and services offered by those donors. While the FCC has attempted to maintain the conceptual distinction between promotional and nonpromotional information, it has struggled to apply this distinction within the context of an evolution in advertising practice.

As a result, many noncommercial educational licensees find it difficult to apply the FCC's rules. A careful analysis of how the FCC underwriting determinations yields …

Municipal Broadband: Challenges And Perspectives, Craig Dingwall

Federal Communications Law Journal

This Article reviews the status and challenges of municipal broadband and provides recommendations for responsible municipal broadband deployment. The Author reviews broadband demand; possible justifications for and the status of municipal broadband deployment; speed, feature, and price considerations; regulatory and technical issues; and relevant laws and legislation. The Author offers specific national policy recommendations and concludes that government/industry partnerships offer perhaps the best solution for municipal broadband deployment where broadband needs aren't met.