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Full-Text Articles in Law
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
A New Look At The Original Meaning Of The Diversity Clause, Mark Moller
College of Law Faculty
Must a federal court obtain the power to bind a party before her citizenship becomes relevant to diversity jurisdiction under Article III? For a long time conventional wisdom has assumed the answer is "no": Article III allows Congress to authorize diversity jurisdiction based on the citizenship of persons beyond a court's power to bind at the time jurisdiction is tested. Congress, in turn, has acted on this assumption. Key provisions of the most ambitious, and controversial, expansion of diversity jurisdiction in the last decade, the 2005 Class Action Fairness Act (CAFA), hinge diversity jurisdiction on the citizenship of persons conventionally …
Hoisting Originality: A Response, Roberta Kwall
Hoisting Originality: A Response, Roberta Kwall
College of Law Faculty
This commentary originally appeared as part of the inaugural Virtual Workshop sponsored by the Intellectual Property Institute at the University of Richmond School of Law. The workshop featured a paper entitled Hoisting Originality (now published at Cardozo Law Review, Vol. 31, p. 451, 2009) by Professor Joseph Miller, along with two commentaries on the paper. My commentary examines and responds to Miller's argument that the standard for copyright law's originality requirement should be "hoisted" and thus analogized to that present in patent law.
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
Inspiration Or Imitation: Copyright Protection For Stage Directions, Margit Livingston
College of Law Faculty
This article examines an important and timely issue involving the extent of copyright protection for stage directions. The recent lawsuits involving the regional productions of the Broadway hit "Urinetown" indicate that stage directors and their union, the Society of Stage Directors and Choreographers, are going to continue to press the courts and the Copyright Office for greater protection of what they perceive as their unique creative contribution to the theatrical arts. This article explores a myriad of issues related to copyright protection for stage directions and discusses copyrightable subject matter, copyright ownership, infringement, defenses to infringement, and other possible legal …
The Idea Eligibility Mess, Mark Weber
The Idea Eligibility Mess, Mark Weber
College of Law Faculty
The Individuals with Disabilities Education Act (IDEA) guarantees students with disabilities a free public education appropriate to their needs, but students must meet the definition of “child with a disability” to be eligible for that entitlement. The law governing special education eligibility, however, is charitably characterized as a mess. There are several sources of the current eligibility confusion. First, recent court cases have reached conflicting conclusions about how much adverse educational impact the child’s disabling condition must have, what constitutes a sufficient need for special education, and when children with emotional disabilities are eligible. Second, long-established methods for assessing learning …
Things Are Worse Than We Think: Trademark Defenses In A 'Formalist' Age, Michael Grynberg
Things Are Worse Than We Think: Trademark Defenses In A 'Formalist' Age, Michael Grynberg
College of Law Faculty
Numerous articles decry the reach of modern trademark law. This article assumes the premise that these critiques are valid and asks what courts can do in response. The answer may be, not much. The “common law” practices that extended trademark’s scope are not up to the task of creating adequate countervailing defenses. Congress acquiesced to the judicial expansion of trademark liability by amending the Lanham Act with conforming language. That pattern is unlikely to be repeated for trademark defenses. The Supreme Court’s recent trademark precedents resist assertions of trademark rights beyond the express confines of the Lanham Act. If these …
Foreword: Into The Sunset: Bankruptcy As Scriptwriter Of The Denouement Of Financial Distress, Margit Livingston
Foreword: Into The Sunset: Bankruptcy As Scriptwriter Of The Denouement Of Financial Distress, Margit Livingston
College of Law Faculty
No abstract provided.
Homeless Education: Unveiling The Truth Behind Beating The Odds, Cary Martin Shelby
Homeless Education: Unveiling The Truth Behind Beating The Odds, Cary Martin Shelby
College of Law Faculty
The McKinney–Vento Homeless Assistance Act of 1987 (hereinafter, the “McKinney Act”) is the first federal legislation to directly mandate the provision of numerous services to homeless youth. It includes a flexible definition of homelessness, prohibits discrimination against homeless youth by public schools, and mandates the provision of various direct services to homeless students. This Article documents my own story of being a homeless youth in Chicago, IL, and further explains how specific provisions of the McKinney Act helped to guarantee my own personal success. This Article also argues that increasing McKinney Act funding to schools nationwide is a necessary step …
Foreword, Susan Bandes
Repellent Crimes And Rational Deliberation: Emotion And The Death Penalty,, Susan Bandes
Repellent Crimes And Rational Deliberation: Emotion And The Death Penalty,, Susan Bandes
College of Law Faculty
No abstract provided.