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Articles 61 - 90 of 6307
Full-Text Articles in Law
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
Beyond Fukushima: Disasters, Nuclear Energy, And Energy Law, Lincoln L. Davies
BYU Law Review
No abstract provided.
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
Navigating The Intersection Of Environmental Law And Disaster Law, Daniel Farber
BYU Law Review
In an environmental disaster, a disaster causes environmental harm, or an environmental change causes an acute risk to humans, or a combination of both takes place. Examples include the BP oil spill, the London killer fog of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. Given the interwoven nature of disasters and the environment, we should consider what environmental law and disaster law can learn from each other. Environmental law has the most to teach disaster law about risk management and prevention. Disaster law, in …
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
Legal Remedies For Deep Marine Oil Spills And Long-Term Ecological Resilience: A Match Made In Hell, Robin Kundis Craig
BYU Law Review
The Deepwater Horizon oil spill that lasted from April to September 2010 was not only the worst oil spill disaster in United States history, but also the first to occur at great depth. Drilling at great depth multiplies the risks and complications of offshore oil extraction. It also, as this Article explores, makes natural resource damages a decisively inadequate remedy for the injuries done to the Gulf of Mexico’s (the “Gulf”) ecosystems, especially the poorly understood but highly productive ecosystems that exist almost a mile below the surface. This Article argues that our current natural resource damages regimes for oil …
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
Adapting To Climate Change While Planning For Disaster: Footholds, Rope Lines, And The Iowa Floods, Robert R.M. Verchick, Abby Hall
BYU Law Review
No abstract provided.
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
Challenging The Executive: The Constitutionality Of Congressional Regulation Of The President's Wartime Detention Policies, William M. Hains
BYU Law Review
No abstract provided.
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
A Learning Collaboratory: Improving Federal Climate Change Adaptation Planning, Alejandro E. Camacho
BYU Law Review
No abstract provided.
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
Official Maps And The Regulatory Takings Problem: A Legislative Solution, Trent Andrews
BYU Law Review
No abstract provided.
Multi-National Patent Litigation: Management Of Discovery And Settlement Issues And The Role Of The Judiciary, James Pooley, Vicki Huang
Multi-National Patent Litigation: Management Of Discovery And Settlement Issues And The Role Of The Judiciary, James Pooley, Vicki Huang
Fordham Intellectual Property, Media and Entertainment Law Journal
National patent laws protect intellectual property rights. However, these rights can only be enforced in the country that granted the patent. Therefore, a patent owner must pursue infringement or revocation proceedings in each country where his patent rights are challenged even if the defendant is the same party. Patent owners are forced to pursue duplicative litigation on a nation-by-nation basis,incurring significant costs and draining valuable judicial resources. Duplicative litigation may result in conflicting outcomes, the impact of which can be complex and costly.... This article will focus on Germany, Japan, the United Kingdom, and the United States. First, we will …
Breaking Through The "Tower Of Babel": A “Right To Be Forgotten" And How Trans-Systemic Thinking Can Help Re-Conceptualize Privacy Harm In The Age Of Analytics, Karen Eltis
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Smartphone, Dumb Regulations: Mixed Signals In Mobile Privacy, Christian Levis
Fordham Intellectual Property, Media and Entertainment Law Journal
The smartphone has turned a user’s location into valuable information. Users of smart devices can use location-based mobile services to get driving directions, check into social networks, or even see which of their friends are around. But the use of this technology, and the new type of data created by it, raises privacy concerns as to who has access to one's location-based information. Because the only legislation covering this technology, the Electronic Communications Privacy Act, is more than twenty-five years old, courts encounter problems when trying to use it to resolve these privacy issues, often reaching illogical results. This Note …
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
A State Law Approach To Preserving Fair Use In Academic Libraries, David R. Hansen
Fordham Intellectual Property, Media and Entertainment Law Journal
Every year academic libraries spend millions of dollars to provide their users access to copyrighted works. Much of that money goes not toward purchasing physical copies of books or journals, but toward licensing electronic content from publishers. In those electronic license agreements, the default rules for how users interact with copyrighted content is often altered, and academic library users are deprived of basic rights — especially rights such as fair use — which are granted under federal copyright law. The literature is flush with discussion of the misuse of private contracts to alter the rights granted by Congress in copyright’s …
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Celebrity Endorsements In Non-Traditional Advertising: How The Ftc Regulations Fail To Keep Up With The Kardashians, Leah W. Feinman
Fordham Intellectual Property, Media and Entertainment Law Journal
Advertisers have used the rise of reality television, social media, and the public's fascination with celebrities to connect with consumers in new and non-traditional ways. With these new techniques come new concerns over consumer protection. When an advertisement does not look like an advertisement, consumers can easily be misled. In 2009, the FTC implemented a set of Guides which were intended to clarify and interpret the regulations enforced by the FTC, and advise the public on how to conduct affairs regarding sponsorship disclosure, specifically in new media. As the note describes, the Guides are insufficient as applied to non-traditional advertising …
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
A Nation Of One? Community Standards In The Internet Era, Noah Hertz-Bunzl
Fordham Intellectual Property, Media and Entertainment Law Journal
This note examines tensions between the community standards doctrine in First Amendment obscenity law and nationwide prosecutions of internet obscenity. The note focuses on recent cases on the topic, especially in the Supreme Court and the Ninth Circuit Court of Appeals.
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Polishing Treadmills At Midnight: Is Refugee Integration An Elusive Goal?, Woods Nash
Catalyst: A Social Justice Forum
It is often said that justice requires us to treat like cases alike. Accordingly, the U.S. refugee resettlement program provides all refugees—no matter where they are from, no matter their pasts—with very similar funding and services. Refugees, however, are far from alike. In this essay, I invoke Borgmann’s distinction between a “thing” and a “device” and draw on stories from my work with a resettlement agency to argue that our current, employment-driven system is in need of reform. Instead of being restricted to generic programs, refugee resettlement agencies should be funded to help each family achieve social integration in ways …
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Swapped Disincentives: Will Clearinghouses Mitigate The Unintended Effects Of The Bankruptcy Code's Swap Exemptions?, Timothy P.W. Sullivan
Fordham Law Review
The Bankruptcy Code contains exemptions for swap agreements that allow creditors to seize collateral, to terminate their contract, and to net obligations once the debtor files for bankruptcy. By privileging this class of creditors, these provisions reduce incentives to monitor counterparty risk, and thus magnified losses experienced during the recent financial crisis. Congress overlooked this role of the Bankruptcy Code in destabilizing the financial system. Instead, its response was to require that all swaps be traded through a clearinghouse. This failure to address one of the contributing factors to the swap market’s collapse should be worrisome, as a clearinghouse’s traditional …
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
The Age Of Forgotten Innocence: The Dangers Of Applying Analog Restrictions To Innocent Infringement In The Digital Era, Brian Sheridan
Fordham Law Review
Recently, two popular topics of discussion within intellectual property law have been the statutory damage regime and the legality of peer-to-peer (P2P) downloading. This Note examines a rarely discussed interplay between these two concepts: the innocent infringement defense. Innocent infringement allows a court to dramatically reduce the minimum statutory damage award for an act of copyright infringement from $750 to $200 per act. Both the Fifth and Seventh Circuits have found that § 402(d) of the Copyright Act eliminates innocent infringement as a matter of law in a P2P download setting.This Note examines those circuits’ reasoning as well as the …
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Sisyphus Meets Icarus: The Jurisdictional And Comity Limits Of Post-Satisfaction Anti-Foreign-Suit Injunctions, Anthony C. Piccirillo
Fordham Law Review
No abstract provided.
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Defending Your Client's Property Rights In Space: A Practical Guide For The Lunar Litigator, Blake Gilson
Fordham Law Review
No abstract provided.
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Party Foul: The Fourth Circuit's Improper Application Of The Commercial Speech Test Ineducational Media Co. At Virginia Tech, Inc. V. Swecker, Michelle Silva Fernandes
Fordham Law Review
The pervasive culture of underage and excessive drinking on college campuses has led to numerous federal and state regulatory efforts to reduce drinking rates among college students. One such policy has been to restrict alcohol advertisements in college student publications, which implicates the First Amendment by limiting access to lawful commercial speech. Although the Supreme Court has developed a four-part balancing test to determine the validity of commercial speech restrictions, the Court has not articulated the level of proof required for assessing the validity of restrictions on alcohol advertisements in college student publications. This Note focuses on the degree of …
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Dead Again: The Latest Demise Of The Confrontation Clause, Michael D. Cicchini
Fordham Law Review
In Crawford v. Washington, the Supreme Court abandoned its Roberts “reliability” approach to the right of confrontation. The Court conceded that the Roberts decision had killed the Confrontation Clause by: (1) impermissibly tying the right of confrontation to the rule against hearsay; (2) inappropriately allowing pretrial determinations of reliability to replace actual cross-examination at trial; (3) relying too heavily on malleable, multi-factor balancing tests; and (4) completely failing to constrain judicial discretion. Since Crawford, however, the Court has decided Davis v. Washington and Michigan v. Bryant. Unfortunately, in the course of deciding those cases the Court has once again killed …
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Using Tort Law To Understand The Causation Prong Of Standing, Luke Meier
Fordham Law Review
Under current Supreme Court case law, a plaintiff does not have Article III standing to sue in federal court unless that plaintiff can demonstrate “causation.” The term “causation” is ubiquitous within the law. Because of the frequency with which the term appears in various legal contexts, however, the conceptual analysis associated with that term can vary. Unfortunately, the Supreme Court has never clearly established the conceptual analysis necessary for making the causation determination within standing law. Consequently, there is confusion on this question. This Article addresses that confusion by relying on causation terms and concepts fully developed within tort law. …
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Slicing Through The Great Legal Gordian Knot: Ways To Assist Pro Se Litigants In Their Quest For Justice, Shon R. Hopwood
Fordham Law Review
No abstract provided.
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Foreword: Root Causes Of The Pro Se Prisoner Litigation Crisis, Michael W. Martin
Fordham Law Review
No abstract provided.
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Origins Of The Social Function Of Property In Chile, M.C. Mirow
Fordham Law Review
No abstract provided.
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
The Social Function Of Property In Brazilian Law, Alexandre Dos Santos Cunha
Fordham Law Review
No abstract provided.
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Liberalism And Property In Colombia: Property As A Right And Property As A Social Function, Daniel Bonilla
Fordham Law Review
No abstract provided.
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
The Social Function Of Property And The Human Capacity To Flourish, Colin Crawford
Fordham Law Review
No abstract provided.
Property's Memories, Eduardo M. Peñalver
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Sketches For A Hamiltonian Vernacular As A Social Function Of Property, Nestor M. Davidson
Fordham Law Review
No abstract provided.