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Articles 31 - 60 of 122
Full-Text Articles in Law
Festering Questions After Festo, Harold C. Wegner
Festering Questions After Festo, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien
Internet Killed The Video Star: How In-House Internet Distribution Will Affect Profit Participants , Konrad Gatien
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Globe Newspaper Co. V. Commonwealth: An Examination Of The Media’S “Right” To Retest Postconviction Dna Evidence, Emily S. Munro
Globe Newspaper Co. V. Commonwealth: An Examination Of The Media’S “Right” To Retest Postconviction Dna Evidence, Emily S. Munro
Richmond Journal of Law & Technology
In January of 2000, Governor George Ryan of Illinois issued a statewide moratorium on capital punishment, citing among his reasons the fact that more convicted killers had been exonerated than executed since Illinois reinstated the death penalty in 1977. In 2001 Maryland’s governor issued a temporary moratorium on capital punishment, pending the results of a University of Maryland death penalty study. The North Carolina Senate recently approved a bill that would suspend all state executions for two years, after twenty-one North Carolina municipalities passed resolutions favoring a moratorium and two death-row inmates were awarded new trials.
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
Unmasking Crack_Smoking_Jesus: Do Internet Service Providers Have A Tarasoff Duty To Divulge The Identity Of A Subscriber Who Is Making Death Threats, Jon B. Eisenberg, Jeremy B. Rosen
UC Law SF Communications and Entertainment Journal
Based on a personal experience. During ongoing litigation, the authors' clients began receiving pseudonymous threats by email and on an Internet message board maintained by Yahoo! Inc. This experience led the authors to ask themselves a question: What should lawyers do when their clients receive anonymous death threats electronically during the pendency of litigation? In their case, the Federal Bureau of Investigation (FBI) determined the identity of the perpetrator and the local United States Attorney's office eventually commenced prosecution. However, pursuant to rules of federal grand jury secrecy, the perpetrator's identity still remained a secret. When the identity was sought …
The Perils Of Telemarketing Under The Telephone Consumer Protection Act Sending Unsolicited Faxes Costs Dallas Cowboys $1.73 Million, Leaves Dallas Mavericks Under Full Court Pressure, Paul J. Batista
UC Law SF Communications and Entertainment Journal
In 1991, Congress passed the Telephone Consumer Protection Act (TCPA) to "protect the privacy interests" of outraged constituents who received annoying phone calls from telemarketers. The Act prohibits sending unsolicited faxes to unwilling recipients, and creates fines up to $1,500 for each individual fax. The Dallas Mavericks have been sued under the Act, creating potential liability of $135 million. Fax broadcasters have unsuccessfully challenged the Act under the First and Fifth Amendments. The Act grants jurisdiction to individual state courts, and a Georgia case has resulted in a final judgment of $11,899,000.
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
Jazz Photo And The Doctrine Of Patent Exhaustion: Implications To Trips And International Harmonization Of Patent Protection, Daniel Erlikman
UC Law SF Communications and Entertainment Journal
The doctrine of patent exhaustion prevents the patent owner from controlling the further destiny of the patented invention once the owner authorized the first sale or use of the product in the marketplace. In recent years, the United States Court of Appeals for the Federal Circuit advanced a modified rule of exhaustion, which permits the U.S. patent holder to contractually restrict the first purchaser's subsequent re-use or re-sale of the product. The recent Jazz Photo decision is a controversial and unjustified switch from existing U.S. jurisprudence in the field of patent exhaustion and parallel imports. By applying a territorial rule …
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
How To Constitutionally Protect Against Virtual Child Pornography, Emanuel Shiarzi
UC Law SF Communications and Entertainment Journal
The improvement of computer graphics and its resulting burden on prosecuting real child pornography led Congress to pass the Child Pornography Prevention Act (CPPA) of 1996. However, in addition to prohibiting virtual child pornography the CPPA banned many other areas of protected speech and was held unconstitutional in 2002. This article gives an overview of the First Amendment concerns of future virtual child pornography laws, the laws currently being proposed in Congress, and then proposes its own constitutional virtual child pornography law.
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
China And The Prior Consent Requirement: A Decade Of Invasion And Counter-Invasion By Transfrontier Satellite Television, Mei Ning Yan
UC Law SF Communications and Entertainment Journal
This paper examines and analyzes why the majority of television viewers in China can only have access to domestic television at the beginning of the 21st century, despite direct broadcasting by satellite, which respects no national borders being widely employed in Asia for a decade. By applying national broadcasting rules, this paper argues, the Chinese authorities have successfully given effect to the "prior consent requirement," a concept which was fiercely debated in the international arena and has supposedly long been discarded because of disagreement among nations and technological advances.
Affairs Of The Heart, Michael T. Flannery
Affairs Of The Heart, Michael T. Flannery
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Introduction, Gilbert Stein
Introduction, Gilbert Stein
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Hey, Keep Your Link To Yourself - Legal Challenges To Thumbnails And Inline Linking On The Web And The Potential Implications Of A First Impression Decision In Kelly V. Arriba Soft Corp., Brad M. Scheller
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Insert Coins To Slay - Regulating Children's Access To Violent Arcade Games, Elizabeth A. Previte
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
One Inspiring Jury, Phoebe C. Ellsworth
One Inspiring Jury, Phoebe C. Ellsworth
Reviews
Americans love to complain about the jury. They complain about being called for jury duty. They complain about jury verdicts in highly publicized cases. They are outraged by the failure to convict "obviously guilty" criminals, such as the police officers in the cases of Rodney King and Amadou Diallo, the Menendez brothers in their first trial, and of course O.J. Simpson. In civil cases, they are appalled when plaintiffs win huge damage awards in "obviously frivolous" lawsuits. Juries are ignorant and uneducated, juries are gullible, juries are swayed by passion and prejudice rather than reason. Criticizing jury verdicts allows us …
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
University of Michigan Journal of Law Reform
In this article, I explore emotional segregation and how it functions in the context of Huckleberry Finn for both personal and academic reasons. Recently, I read Huckleberry Finn because it had been assigned to my daughter's middle school class. I was concerned for her welfare because she is Black and worried how the book would affect her. To understand her reactions, I had to understand the controversy surrounding the book, particularly as a White mother I have reflected quite deeply on the question whether the book is racist. I define "racism" as a belief in the myth of White superiority …
Popov V. Hayashi, A Modern Day Pierson V. Post: A Comment On What The Court Should Have Done With The Seventy-Third Home Run Baseball Hit By Barry Bonds, Patrick Stoklas
Popov V. Hayashi, A Modern Day Pierson V. Post: A Comment On What The Court Should Have Done With The Seventy-Third Home Run Baseball Hit By Barry Bonds, Patrick Stoklas
Loyola University Chicago Law Journal
No abstract provided.
On The Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz-Steele
On The Wagon Train To Afghanistan: Limitations On Star Trek's Prime Directive, Richard J. Peltz-Steele
Faculty Publications
Part II of this article acquaints the reader with the Star Trek universe, both as a mirror of Western cultural development for the last three and a half decades, and conversely as a force that has had a remarkable impact on contemporary Western culture. This acquaintance provides a foundation to understand how and to what extent the Prime Directive, a product of science fiction, can be useful in understanding future intercultural contacts right here on Earth. Part III of this article reviews specifically the appearance of the Prime Directive in Star Trek lore, for the most part with reference to …
Recent Federal Income Tax Issues Regarding Professional And Amateur Sports, James L. Musselman
Recent Federal Income Tax Issues Regarding Professional And Amateur Sports, James L. Musselman
Marquette Sports Law Review
No abstract provided.
Intercollegiate Athletics' Unique Environments For Sexual Harassment Claims: Balancing The Realities Of Athletics With Preventing Potential Claims, Nancy Hogshead-Makar, Sheldon Elliot Steinbach
Intercollegiate Athletics' Unique Environments For Sexual Harassment Claims: Balancing The Realities Of Athletics With Preventing Potential Claims, Nancy Hogshead-Makar, Sheldon Elliot Steinbach
Marquette Sports Law Review
No abstract provided.
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Aside The Aside: The True Precedent Of Baseball In Law: Law The Residue Of Luck - Or, Who's Not On First?, Eldon L. Ham
Marquette Sports Law Review
No abstract provided.
Index: Sports Law In Law Reviews And Journals
Index: Sports Law In Law Reviews And Journals
Marquette Sports Law Review
No abstract provided.
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Professional Sports Leagues And The First Amendment: A Closed Marketplace, Christopher J. Mckinny
Marquette Sports Law Review
No abstract provided.
Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen
Weakening Its Own Defense? The Ncaa's Version Of Amateurism, Kristen R. Muenzen
Marquette Sports Law Review
No abstract provided.
Comments On Title Ix, Clark C. Griffith
Comments On Title Ix, Clark C. Griffith
Marquette Sports Law Review
No abstract provided.
Who Owns Sports? The Politics Of Title Ix, Martha Burk, Natasha Plumly
Who Owns Sports? The Politics Of Title Ix, Martha Burk, Natasha Plumly
Marquette Sports Law Review
No abstract provided.
Title Ix And College Sport: The Long Painful Path To Compliance And Reform, Ellen J. Staurowsky
Title Ix And College Sport: The Long Painful Path To Compliance And Reform, Ellen J. Staurowsky
Marquette Sports Law Review
No abstract provided.
Title Ix In The 21st Century, Barbara Osborne
Title Ix In The 21st Century, Barbara Osborne
Marquette Sports Law Review
No abstract provided.