Law Commons^™

The Trial, The Bench, The Net, And The First Amendment: The Possibilities Of Reform In New York State Judicial Elections, Robert Magee

Touro Law Review

No abstract provided.

Masthead

Touro Law Review

No abstract provided.

Fisher's Fishing Expedition, Vinay Harpalani

All Faculty Scholarship

This Essay delves into the Supreme Court oral arguments in Fisher v. Texas, which occurred on October 10, 2012. It examines the exchanges between the advocates and Justices, focusing on the meaning of 'critical mass' and the quest for total race neutrality in UT admissions. It argues that both of these are futile endeavors and unnecessary to decide Fisher. The entire Fisher case is a fishing expedition - albeit one that might reel in race-conscious admissions.

L. 92/12 E Bilateralità, Michele Faioli

Michele Faioli

No abstract provided.

December 5, 2012: Is Abortion Next?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Is Abortion Next?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Do Exclusionary Rules Convict The Innocent?, Dhammika Dharmapala, Nuno Garoupa, Richard H. Mcadams

Coase-Sandor Working Paper Series in Law and Economics

Rules excluding various kinds of evidence from criminal trials play a prominent role in criminal procedure, and have generated considerable controversy. In this paper, we address the general topic of excluding factually relevant evidence, that is, the kind of evidence that would rationally influence the jury's verdict if it were admitted. We do not offer a comprehensive analysis of these exclusionary rules, but add to the existing literature by identifying a new domain for economic analysis, focusing on how juries respond to the existence of such a rule. We show that the impact of exclusionary rules on the likelihood of …

Beyond Confusion?, Stacey Dogan

Shorter Faculty Works

Trademark law is in the midst of an identity crisis. The prevailing economic account of the law has come under sustained attack by scholars, who have both challenged its descriptive accuracy and blamed it for many of the expansions of trademark rights in recent decades. The likelihood of confusion test – long the nucleus of infringement analysis – has been roundly condemned as indeterminate, incoherent, and normatively empty. No one seems to agree about why we have trademark law and how best to implement it. Scholars have cast about for explanations of how we got here and ideas of how …

Let Fifty Flowers Bloom: Health Care Federalism After National Federation Of Independent Business V. Sebelius, Ann Marie Marciarille

Faculty Works

Conventional wisdom is that the American public does not want to think too long or too hard about Medicaid. Medicaid’s reputation has long been big, complicated, and widely misunderstood. The 2012 presidential election campaign has been much about Medicaid, but Medicaid is a subject we love to talk around. Yet, our next president will be compelled to think and speak explicitly and fluently about Medicaid because Medicaid is the budget-buster of government funded health insurance. Its budget busting propensities are most pronounced at the intersection of Medicaid and the government-funded health insurance program we do love to discuss: Medicare.

This …

Sexual Citizenship And The Civil Union Act 2004, Nan Seuffert

Professor Nan Seuffert

This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-term, committed relationships, warm loving communities for children, and strong …

Reflections On Transgender Immigration, Nan Seuffert

Professor Nan Seuffert

Recently, the Human Rights Commission of New Zealand has conducted an inquiry that has officially documented 'the obstacles to dignity, equality and security for trans people'. The Australian Human Rights Commission has also recently conducted a sex and gender diversity project, and in 2006 the Equalities Review in the United Kingdom commissioned the largest research project ever untaken globally on trans people's lives, reported in Engendered Penalties: Transgender and Transsexual People's Experiences of Inequality and Discrimination. This article reflects on the implications of the issues raised by these recent reports and research for transgendered people immigrating to and from New …

Mapping Connections : Postcolonial, Feminist And Legal Theory, Ian Duncanson, Nan Seuffert

Professor Nan Seuffert

Introduction to special issue of collected papers from symposium 'Mapping Law at the Margins', Brisbane, December 2004 - covering operation of the law at the intersections of race, class and gender from colonial times to the present through the lens of postcolonial theory. This Special Issue of the Australian Feminist Law journal collects papers largely from the second Symposium 'Mapping Law at the Margins' Brisbane, December 2004, organized to make visible the operation of the law at the intersections of race, class and gender from colonial times to the present through the lenses of postcolonial theory. Practices of map drawing …

Same-Sex Immigration: Domestication And Homonormativity, Nan Seuffert

Professor Nan Seuffert

LAW- AND POLICY-MAKERS in New Zealand have taken what might be seen, from a conservative/liberal divide, as two contradictory stances on aspects of border control over the past decade. In one move, they have progressively tightened and whitened immigration policy generally, making the criteria and process for gaining residency more restrictive. At the same time, they have progressively opened the borders in relation to the immigration of same-sex couples, aligning immigration requirements for these couples with those of heterosexual couples. I argue that New Zealand's recent liberalisation of immigration law and policy for gays and lesbians aligns with, rather than …

Race-Ing And Engendering The Nation-State In Aotearoa/New Zealand , Nan Seuffert

Professor Nan Seuffert

No abstract provided.

Hedge Funds & Poison Pills: Can Typical Hedge Fund Activism Really Be Considered A Reasonable Threat Under Unocal?, Vincent V. Hilldrup

Vincent V. Hilldrup

At a time when hedge fund returns have been stagnating and failing to meet expectations in the period from 2004-2007, they have also attracted significant amounts of capital as investors have eagerly sought to secure above market returns.1 Pressured to perform in the wake of the 2008 financial crisis, hedge funds have turned to shareholder activism as a means of maximizing profits and increasing their returns on investment, seeking to influence corporate policy and, if necessary, hold underperforming managers accountable. With significant amounts of funds available at their disposal, they have the means to pressure management and directly influence corporate …

"It's A Little Known Fact" That Copyright Law Is In Conflict With The Right Of Publicity, Madeline O'Connor

Touro Law Review

This Comment will analyze Section 102 of the Copyright Act,the right of publicity in common law and as codified in state statutes,and Section 43(a) of the Lanham Act, and the analyses and applicationof these laws by different circuits. Further, this Comment willsuggest alternative tests, modeled upon trademark law, that courtsmay use in the future in similar situations to reach more equitable determinations.

Harry Potter, Scientology, And The Mysterious Realm Of Copyright Infringement: Analyzing When Close Is Too Close And When The Use Is Fair, Rosalinde Casalini

Touro Law Review

After going to a theatre and watching a new movie, would it be possible to go home and write a book about it? What about after reading a novel? Would a reader be free to write a new book using the same characters? Would a teacher be able to write her own training manual using the exact techniques she had just learned in another author's book? Is there any recourse for authors facing these types of situations? This Comment explores how two lower courts have recently addressed these questions. The first decision, Warner Bros.Entertainment Inc. v. RDR Books,determined whether …

The Destruction Of An Empire: Will Viacom End Youtube's Reign?, Adam Shatzkes

Touro Law Review

In a pre-Napster world Congress sought to promote theadvancement and development of the Internet. To facilitate this expansion, Congress enacted the Digital Millennium Copyright Act ("DMCA"), which protects internet service providers from copyright infringement liability. Due, in part, to the DMCA, the Internet has expanded beyond Congress' expectations. With the growth of the Internet, however, inequities have been created. YouTube epitomizes these inequities and Viacom's suit highlights the injustices that have been created. The ease with which copyrighted materials are published on the Internet has made it impossible for copyright owners to adequately protect their works. It is time for …

The Look For Less: A Survey Of Intellectual Property Protections In The Fashion Industry, Nicole Giambarrese

Touro Law Review

Currently, there are no copyright protections for fashion designs in the United States. Proposed legislation that would provide such protection has been sitting in Congress for two years. Further, the Lanham Trademark Act only protects the origin of products, such as logos and trademarks. Even with the current available trademark protection, fashion houses, such as Louis Vuitton, and luxury jewelry firms, such as Tiffany & Company, have seen the Second Circuit make it more difficult to assert the protection. This increasing difficulty is due to a fear of overextending monopolies and taking an affirmative stance on who has the burden …

Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon

Touro Law Review

Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …

Play Your Part: Girl Talk's Indefinite Role In The Digital Sampling Saga, Shervin Rezaie

Touro Law Review

In 2006, Greg Gillis was a twenty-four year old leading a double-life. During the day he was a biomedical engineer, but by night he was slowly becoming an infamous mash-up artist. His albums mixed "Top 40" radio hits into a unique postmodern audio pastiche. Under the moniker Girl Talk, Greg made his entrance into the limelight with the release of Night Ripper, his third album. Night Ripper began gaining attention as audiences became intrigued and excited by Greg's ability to blend numerous artists, old and new, into one seamless track. To illustrate, the first track on Night Ripper, "Once Again," …

Huntington, New York's Sex Offender Policy And The Intrastate Right To Travel, James Tierney

Touro Law Review

Sex offenders are among the most loathed and detested members of our society. Over the past fifteen years, communities have zealously passed laws restricting the rights of sex offenders. These laws mandate that sex offenders register with authorities and severely limit where sex offenders may reside. This legislation is designed to foster an important goal: to protect the health and safety of children from possible recidivism from sex offenders. In 2007, the Town Board of Huntington, New York, passed a law barring sex offenders from renting or leasing accessory apartments within the Town. The health and safety of the town's …

How Improvements In Technology Have Affected The Entertainment Industry: Writers And Actors Fight For Compensation, Bernadette A. Safrath

Touro Law Review

The rise in the use of technology, and the creation of new media, has left the entertainment industry at a loss as to how to compensate the creative minds that are starting to work in new media. The rise in new media, a predominant factor in the 2007-2008 writers strike and this year’s almost-strikes of the two actors’ guilds, has forced the entertainment industry to adapt to the changes in technology, and create compensation plans for those that work in new media.

When "Reasonableness" Is Not So Reasonable: The Need To Restore Clarity To The Appellate Review Of Federal Sentencing Decisions After Rita, Gall, And Kimbrough, Craig D. Rust

Touro Law Review

No abstract provided.

The (In)Admissibility Of False Confession Expert Testimony, David A. Perez

Touro Law Review

This Comment discusses the relationship between police interrogation tactics and false confessions in order to address the admissibility of false confession expert testimony, a question that has traditionally been left to the discretion of the trial judge. The current literature-indeed, the prevailing consensus-argues for drastic changes to police interrogation practices to prevent false confessions and, in combination with such changes, demands that expert testimony on false confessions be admitted in criminal trials. Despite the relative unanimity in the literature, state and federal courts remain bitterly divided on the question of admissibility of false confession expert testimony. Each decision in this …

Madison 1, Bush 0: Survey Testing Mr. Madison's Hypotheses, Daniel Gordon

Touro Law Review

For over fifty years, James Madison warned the American colonies and the new United States of America of the dangers of linking religion with government. Madison fought in his home state of Virginia to separate church and state and continued the fight as a congressman and as president. Between 2001 and 2009, President George W. Bush overtly linked religion with government. President Bush's efforts provide the opportunity to test President Madison's hypothesis that danger arises in American society when religion and government are linked. The Gallup Organization in its public opinion testing provides the means used in this Article to …

Fortitude At Forty, Or Why A Seemingly Content, Overly Ambitious, And Detrimentally Optimistic Forty-Something Year Old Decided To Upend His Life And Go To Law School

Touro Law Review

No abstract provided.

The Rule In Ginyard's Case: Congressional Intent Or Judicial Field Expedient?, William A. Woodruff

William A. Woodruff

No abstract provided.

The Confidentiality Of Medical Quality Assurance Records, William A. Woodruff

William A. Woodruff

No abstract provided.

Gays In The Military: What About Morality, Ethics, Character And Honor, William A. Woodruff, Arthur A. Murphy, Leslie M. Macrae

William A. Woodruff

No abstract provided.

Military Personnel Policy: Who’S In Charge? The Courts, Congress, Or The Commander In Chief?, William A. Woodruff

William A. Woodruff

No abstract provided.