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- Keyword
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- Copyright law; substantial similarity; circuit split; architecture; architectural work; architectural works; copyright infringement; copyright; Architectural Works Copyright Protection Act (1)
- Jurisdiction; subject matter jurisdiction; immigration; Article III; jurisdiction-stripping; IIRIRA; 1252(g); due process; separation of powers; Silva; Arce; Reno; Federal Tort Claims Act; FTCA; American-Arab Anti Discrimination-Committee; judicial review; wrongful removal; Mathews (1)
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Full-Text Articles in Courts
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Without A Voice, Without A Forum: Finding Iirira Section 1252(G) Unconstitutional, Amanda Simms
Brooklyn Law Review
The Federal Tort Claims Act (FTCA) abrogates sovereign immunity in certain circumstances to allow private individuals, regardless of citizenship, to sue the United States for specific torts committed by government officials. Yet when two lawful permanent residents—located in different parts of the country—separately tried to sue the government for wrongful removal, one court dismissed the suit for lack of subject matter jurisdiction while the other court did not. These decisions, though reaching opposite conclusions, both relied on federal immigration statute 8 U.S.C. § 1252(g) in order to determine whether judicial review of immigrants’ removal orders is precluded. This note argues …
A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley
A Half-Built House: The Substantial Similarity Analysis Split In Architectural Copyright Infringement Cases, Madison V. Smiley
Brooklyn Law Review
The path to extending copyright protection to architectural works in the United States has not come without its challenges, especially as the federal courts continue to muddle through complicated and varying case law to determine whether architectural works infringement has occurred in a given dispute. Applying a uniform approach to analyze substantial similarity in a way that effectively protects architectural works across the federal circuits is necessary to fulfill the legislative intent and the constitutional intent of copyright protection. Likewise, a uniform approach will clarify the level of copyright protection that architectural works are permitted to receive in the United …