Law Commons^™

Swimming Upstream: Negotiating Music Licenses For Interactive Streaming In The United States And Canada. How Copyrights Holders Can Participate In New Media And Still Protect Their Rights., Daniela Paola Oliva

Daniela Oliva

This article compares the music licensing process for interactive streaming in Canada and the United States. Unbeknownst to many, the process of acquiring a music license for interactive streaming in Canada and the United States is similar.

The unique portion of this article discusses the reasons why Canada may not have been the primary destination for interactive streaming companies. The article also discusses the benefits and windfalls of interactive streaming. Ultimately, copyright holders have the ability to negotiate with interactive streaming companies to attempt to receive a fair licensing rate. This article emphasizes that copyright holders should familiarize themselves with …

Aiding And Abetting Under The Antiterrorism Act: Despite Statutory Silence, Why Extending Liability To Aiders And Abettors Of International Terrorism Furthers Congressional Intent To Compensate Plaintiffs And Defeat Terrorist Financial Pathways, Jesse Snyder

Jesse Snyder

No abstract provided.

Kennedy V. St. Joseph’S Ministries, Inc.: The Fourth Circuit's Troubling Interpretation Of Interlocutory Appellate Procedure In Federal Courts, William Ernest Denham Iv

William Ernest Denham IV

In Kennedy v. St. Joseph’s Ministries, Inc., the Fourth Circuit held that a federal appellate court may properly permit appeals of certified, interlocutory dismissal orders under 28 U.S.C. § 1292(b) (“§1292(b)”)—even on matters of first impression—without the district court first addressing more routine grounds for dismissal. In interpreting this exception to the final-judgment rule, the court failed to heed “the cardinal principal” of judicial self-restraint that holds “that if it is not necessary to decide more, it is necessary not to decide more.” Moreover, the court did not address the legal or factual hurdles facing parties who seek or oppose …

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Looking For Law In The Fog Of War, David Musgrove

David Musgrove

No abstract provided.

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Intellectual Property Indemnity Clauses, Thomas Ms Hemnes

Thomas Hemnes

In this article, Mr. Hemnes examines the history of intellectual property warranty and indemnity contractual provisions. He then describes events that have destabilized provisions that had become standardized, particularly in the computer software field, and critiques the positions currently taken by both vendors and customers. He concludes with proposals for a better allocation of risk between technology providers and consumers.

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

The Erosion Of Federal Common Law: Anticipatory Delegation In American Electric Power Company V. Connecticut, Paul Z. Winters

Paul Z Winters

In this year’s Supreme Court decision American Electric Power v. Connecticut, the Clean Air Act was held to preempt the federal common law of nuisance in a claim concerning harm resulting from greenhouse gas emissions. The Court’s decision resulted in an unprecedented incursion onto the territory of federal common law. Though the EPA had not begun to promulgate rules for greenhouse gas reduction from stationary sources, the Supreme Court minted a new doctrine: anticipatory delegation, and held that the federal common law of nuisance had been preempted. The Court's holding leaves future environmental plaintiffs with little hope of redress where …

Auditor Liability To External Users For Misleading Financial Statements Of Publicly Listed Companies: Two Normative Propositions, John Ja Burke

John JA Burke

In his 2006 article, Professor Eric L. Talley undertook a limited, but important enterprise, to quantify the risk of cataclysmic legal liability faced by audit firms for failure to detect fraud in company prepared financial statements. Drawing primarily from the Securities Class Action Alert database, Professor Talley constructed a “conceptual diagram” to formulate the level of aggregate risk capable of threatening the viability of audit firms sustaining an adverse judgment. The enterprise contributed an objective framework to assist policymakers, both within and outside the United States, to develop appropriate regulatory reforms to address the audit industry’s demand to “limit exposure …

The Constitutionality Of Missouri Protective Statutes Of Child Abuse Victim Testimony In Criminal Trials, Vanessa Marie Starke Ms.

Vanessa Marie Starke Ms.

The Supreme Court decision in Iowa v. Coy and its subsequent holding in Maryland v. Craig found that the confrontation clause of the United States Constitution, like other rights, is not absolute. The Court determined that in some circumstances and under certain procedural conditions, a state’s interest in protecting a child abuse victim might permit the child to testify via video deposition. The cases were in reaction to the passage in many states of protective statutes allowing for such procedures in child-abuse prosecutions.

Missouri is one of the states that had passed such statutes prior to the Supreme Court decisions …

Relating Diagnosis-Related Groups: What Germany And The United States Can Learn From Each Other About Acute-Care Payment Systems, Timothy D. Martin

Timothy D Martin

In recent years, several countries have adopted diagnosis-related group (DRG) payment systems modeled after the system Medicare uses to reimburse providers for acute-care inpatient treatment. This paper compares the Medicare DRG system with the German DRG system and suggests improvements that might help both systems. First, Germany should proceed carefully in its attempt to reduce the length of hospital visits because its universal payment mechanism cannot shift costs to the private sector so inadequate payment could degrade the quality of care. Second, because both countries struggle with incorporating new treatments and technologies into their payment systems, they should both consider …

A Look At The Constitutional Implications Of Retrospective Laws: The Case Of The False Claims Act, Monica P. Navarro

Monica P. Navarro

The retrospective effect of the False Claims Act has triggered constitutional challenges resting on the Ex Post Facto Clause of the U.S. Constitution and dividing the courts on the outcome of the constitutional question and the applicable legal framework for resolving the issue. The article reviews the False Claims Act, as well as the legal frameworks available for resolving such a constitutional challenge.

The Evolution Of The Us Drm Debate, 1987-2006, Bill D. Herman

Bill D. Herman

Scholars who discuss copyright often observe that the voices for stronger copyright have more financial and political capital than their opponents and thus tend to win in Congress. While the playing field is still quite slanted toward stronger copyright, the politics around the issue are much messier and less predictable. This study, a detailed political and legislative history of the major proposals regarding copyright and digital rights management from 1987 to 2006, illustrates how this policy dynamic has changed so drastically. In 1987, there was no organized opposition to copyright’s expansion. By 2006, however, there was a substantial coalition of …

Series Llcs: Mere “High-Sounding Nothings” – Disregarded Entities That Have Much Less Impact Than At First Meets The Eye, Emmanuel Socks

emmanuel socks

No abstract provided.

Examining The Legal Mandate Of The International Fund For Agricultural Development (Ifad) In Financing Development: A Question Of Legal Limitation Or Performance?, Marieclaire Colaiacomo, Faith Kamau

Marieclaire Colaiacomo

Examining the Legal Mandate of the International Fund for Agricultural Development (IFAD) in Financing Development: A Question of Legal Limitation or Performance?*

Faith Kamau and Marieclaire Colaiacomo

Abstract

In the wake of the global food crisis, IFAD’s relevance as a financier of agricultural development in developing countries has been in the limelight. Indeed there are concerns over what appears to be a problem of misalignment between IFAD’s legal mandate, its resources and the high expectations placed on the IFAD’s role in agricultural development. Given the trends in the global food situation, the urgency in coming up with adequate responses to …

Immigration Detention & Human Rights In The Lone Star State, Liane N. Noble

Liane N Noble

Every year, almost 400,000 individuals are held in immigration detention in the United States. These individuals—men, women, and even children—are held in a patchwork of federal, local, and private contract facilities. Surprisingly, one-third of all U.S. immigration detention beds are located in the state of Texas. Given the concentration of detention space in Texas and thus the unique issues facing that state, this report seeks to elucidate the key human rights issues surrounding immigration detention with a focus on the situation in Texas.

The information contained in this report was gathered using a variety of research methods, including: (1) review …

The Rise And Permanence Of Quasi-Legislative Independent Commissions, Gabriel Gillett, Steven R. Ross, Raphael A. Prober

Gabriel Gillett

This article explores Congress’s recent trend of creating quasi-legislative independent commissions to augment its own investigations, and determines what factors may enhance the chance that a commission will prove successful. Although Congress has never been the lone forum for investigations, since 2001 the legislature has been empanelling entities of outside experts to investigate the most significant economic and national security issues. This Article begins with a history of governmental investigations in America, highlighting activity by Congress, independent agencies, and presidential commissions. Next, it describes the modern political, communications, and scheduling strains on Congress that have created an opportunity for new …

Liability For Damage Caused By Space Objects Under International And National Law, Paul S. Dempsey

Paul S Dempsey

ABSTRACT Because of the imposition of State liability for damage inflicted by space objects under the multilateral Space Law Conventions, many States have promulgated national legislation providing licensing, insurance and indemnification by commercial providers. In order to promote commercial operations in space, some States also have capped liability. This article addresses two principal issues: (1) the liability exposure of States for death, injury, or property damage by providers of commercial spaceflight; and (2) how States protect themselves in their domestic legislation through indemnification and insurance requirements in the licensing and regulation of launches, launch sites, launch vehicles, space vehicles and …

Preserving The Seed: Why Parents Should Have A Say In Whether Their Mentally Handicapped Child Should Be Sterelized, Rebecca Lenz Mrs.

Rebecca Lenz Mrs.

This article addresses the history of the eugenics movement, the current status of sterilization laws and the rights of parents to choose to sterilize their mentally handicapped child. Recently, North Carolina lawmakers have been pondering a way to compensate victims of unwanted sterilization that occurred in the early twentieth century. During the eugenics movement, many poor, uneducated women were sterilized against their will after being deemed feebleminded or mentally incompetent. Unfortunately, most of the victims were competent women and girls who were unable to fight for their right to reproduce. As a result, North Carolina lawmakers are trying to rectify …

Investing In Distressed Italian Companies Under The Reformed Italian Bankruptcy Law - A Comparison With The Us Bankruptcy Code, Pierantonio Musso

Pierantonio Musso

This article presents a scheme to profitably invest in distressed Italian companies by taking advantage of the Italian Bankruptcy Law in comparison with the US Bankruptcy Code. The risks connected to the insolvency proceeding are analyzed under their economic effects and foreseen in their general appearance. Specific remedies to avoid or mitigate the potential risks are provided. Singular advantages, available only in the proposed investment scheme under the Italian Law, are described. As a result the investment produces a less risky and more profitable outcome than an investment in a non-distressed and non-Italian target company.

The Impact Xat, Paul Boudreaux

Paul Boudreaux

Impact fees complicate the construction of new housing across the nation. Although justified as a means of forcing new development to “pay its way” for the costs of government infrastructure necessitated by the new housing, impact fees are imposed in a way that make them, in effect, a dubious population tax. Indeed, the typical impact fee does little to discourage costly suburban sprawl. This essay, using economic lessons from policies to discourage the wasteful use of resources with light bulbs, bathrooms, and buildings, suggests a new policy course. It proposes an impact xat (a cross between a tax and fee) …

The Impact Xat, Paul Boudreaux

Paul Boudreaux

Impact fees complicate the construction of new housing across the nation. Although justified as a means of forcing new development to “pay its way” for the costs of government infrastructure necessitated by the new housing, impact fees are imposed in a way that make them, in effect, a dubious population tax. Indeed, the typical impact fee does little to discourage costly suburban sprawl. This essay, using economic lessons from policies to discourage the wasteful use of resources with light bulbs, bathrooms, and buildings, suggests a new policy course. It proposes an impact xat (a cross between a tax and fee) …

Holding Corporations To Account. Crafting Ats Suits In The Uk?, Simon J. Baughen

Simon J Baughen

The traditional province of international law is in the regulation of relations between States. However, with the tribunals at Nuremberg and Tokyo established at the end of the second world war, for the first time it became possible for individuals to incur criminal liability in respect of violation of a core of norms of customary international law, such as the prohibitions on war crimes and crimes against humanity. This process has continued with the UN’s establishment in the 1993 and 1994 of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the International Criminal Tribunal for Rwanda (‘ICTR’) respectively, …

A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Origins, Brigitte J. Clark Dr

Brigitte J Clark Dr

Abstract Internationally, donor-conceived children’s rights to know their biological origins have been recognised to some extent by the jurisprudence of the European Court of Human Rights (ECHR). With the drafting of the Article 7 (1) of the United Nations Convention on the Rights of the Child (UNCRC), as supplemented by Article 8, such children’s rights to know their biological origins whist they are children, and not only later as adults, were acknowledged for the first time, though not explicitly. Anonymous sperm donation is now banned in eleven jurisdictions, including Sweden and England and Wales. By contrast, France still does not …

The First Amendment In The Multicultural Climate Of Colleges And Universities: A Story Ending With Christian Legal Society V. Martinez, Blake M. Lawrence

Blake M Lawrence

This article argues that the “limited public forum” analysis used by the United States Supreme Court in Christian Legal Society v. Martinez correctly addresses the competing concerns of students and university administration when approaching free speech and association on college and university campuses. It extensively analyzes the creation of the “limited public forum” analysis, explains why that particular analysis is ill-equipped for limiting high-school speech, and comprehensively addresses the Christian Legal Society v. Martinez opinion. Further, weaknesses in the dicta of Christian Legal Society v. Martinez are analyzed and points made by dissenting Justices are critiqued.

Labor Disputes In Professional Sports: How Federal Judges Referee Antitrust Lawsuits-- False Starts And Technical Fouls, Michael Leroy

Michael H LeRoy

Using a database of 83 published court opinions from 1970-2011, I show that players have utilized conflicting federal laws to improve their labor market mobility. They formed unions under the National Labor Relations Act, and bargained collectively with leagues. Often, however, they lacked bargaining power to modify the draft or reserve clause, which bound them to a team. Players sued, therefore, under the Sherman Act to challenge these practices as restraints of trade. Thus, players have used a dual engagement strategy of bargaining with leagues under the NLRA while holding identical negotiations under the threat of Sherman Act treble damages. …

Watching The Hen House: Judicial Review Of Judicial Rulemaking, Carrie Leonetti

Carrie Leonetti

Courts regularly engage in rulemaking of questionable constitutionality, then exercise the exclusive jurisdiction of judicial review to rule on constitutional challenges to the rules that they themselves have promulgated, obfuscating the appearance of impartiality and accountability and preventing the unsophisticated from realizing that a benefit has been conferred on a more sophisticated faction.

Quasi-legislative judicial rulemaking that has resulted from Congressional delegations of rulemaking authority to the courts is increasingly prevalent in the past half century, the result of which is a multi-tiered system of consultation, review, and revision that depends heavily upon nonlegislative actors and a Balkanization of the …

Watching The Hen House: Judicial Review Of Judicial Rulemaking, Carrie Leonetti

Carrie Leonetti

Courts regularly engage in rulemaking of questionable constitutionality, then exercise the exclusive jurisdiction of judicial review to rule on constitutional challenges to the rules that they themselves have promulgated, obfuscating the appearance of impartiality and accountability and preventing the unsophisticated from realizing that a benefit has been conferred on a more sophisticated faction.

Quasi-legislative judicial rulemaking that has resulted from Congressional delegations of rulemaking authority to the courts is increasingly prevalent in the past half century, the result of which is a multi-tiered system of consultation, review, and revision that depends heavily upon nonlegislative actors and a Balkanization of the …

Watching The Hen House: Judicial Review Of Judicial Rulemaking, Carrie Leonetti

Carrie Leonetti

Courts regularly engage in rulemaking of questionable constitutionality, then exercise the exclusive jurisdiction of judicial review to rule on constitutional challenges to the rules that they themselves have promulgated, obfuscating the appearance of impartiality and accountability and preventing the unsophisticated from realizing that a benefit has been conferred on a more sophisticated faction.

Quasi-legislative judicial rulemaking that has resulted from Congressional delegations of rulemaking authority to the courts is increasingly prevalent in the past half century, the result of which is a multi-tiered system of consultation, review, and revision that depends heavily upon nonlegislative actors and a Balkanization of the …