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Articles 61 - 88 of 88
Full-Text Articles in Legal Writing and Research
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
The Attorney–Client Privilege And Former Employees: History, Principle, And Precedent, Heath Henley
Belmont Law Review
When does attorney-client privilege protect communications between an attorney and her client’s former employee? Unfortunately, there is no simple answer to this question. In federal courts, privilege over communications with current employees is generally governed by the subject-matter test. Under this legal doctrine, communication is privileged when it regards subject matter within the scope of the employee’s position. The rationale for the doctrine is that it is often the lower level employees who will have the information that an attorney needs. Extending the doctrine to former employees, however, has caused courts to stumble as they have attempted to reconcile evidentiary …
Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago
Riding Circuit: Bringing The Law To Those Who Need It, Susan D. Zago
Florida A & M University Law Review
In this article, I will first look at how various state Access to Justice Commissions in the United States are addressing self-represented litigants' ability to access and navigate the civil court system. I review various projects that attempt to make legal forms and processes more understandable to the public. I also discuss the role of law librarians, and how they bring a working understanding of the problems and missteps that self-represented litigants face first-hand. I argue for better inclusion of these information professionals in state commissions and in various outreach programs to improve the quality of the legal information provided …
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Fair Play Fair Pay: The Need For A Terrestrial Public Performance Right And General Copyright Reform, Loren E. Mulraine
Belmont Law Review
Copyright is a unique species of the law, tethered in a very tangible way to what is largely an intangible: intellectual property. It should be no surprise then that any collection of laws governing property that can be literally created in a moment out of nothing but the mind of the creator, will ultimately have an eternal struggle keeping pace with that very thing it purports to govern. Historically, copyright law has been relegated to being the horse that is second to cross the finish line at the Kentucky Derby. The horse is indeed world class; however, it is simply …
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Symposium Panel: Bringing Blurred Lines Into Focus, Suzanne Kessler, Ramona Desalvo, Sara Ellis
Belmont Law Review
Belmont Law Review Symposium: Bringing Blurred Lines into Focus, October 2015.
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Symposium Presentation: Nsai Director Bart Herbison On Copyright Reform For Songwriters, Bart Herbison
Belmont Law Review
A transcript of a presentation at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Symposium Address: U.S. Representative Marsha Blackburn On Federal Copyright Reform, Marsha Blackburn
Belmont Law Review
A transcript of the address at the Belmont University College of Law Symposium, "Entertainment Law and Music Business in Transition."
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Judicial Perspective Panel 2015, Jeffrey S. Bivins, Holly Kirby
Belmont Law Review
A transcript of the Judicial Perspective Panel Event at Belmont University College of Law Symposium.
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Salvaging General Jurisdiction: Satisfying Daimler And Proposing A New Framework, B. Travis Brown
Belmont Law Review
General jurisdiction is slowly being eroded. What was once a well-trodden path used to hale corporate defendants into the courthouse is now increasingly barred or shut. In its most recent general jurisdiction opinion, Daimler AG v. Bauman, the U.S. Supreme Court continued its trend towards divesting general jurisdiction of its utility. This is a mistake. The 21st century’s economy is increasingly complex, and general jurisdiction must evolve with this complexity. Failing to do so allows intricate corporate structures to insulate corporate defendants from the jurisdiction of U.S courts. Although the theory of personal jurisdiction has come a long way since …
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
The Burden Of The Bargain: Revisiting The Predicament Of Meshing Workers’ Compensation And Tort Law In Light Of Widespread Acceptance Of Aligning Liability With Fault, Margaret Hearn Teichmann
Belmont Law Review
Most courts, legislatures, and scholars agree that the widespread movement over the past half-century toward aligning liability with fault has positively influenced tort law; however, the change has not come without difficulty. Courts and legislatures have struggled to determine how these developing doctrines affect apportionment of damages in various contexts. This note addresses the issue of how damages should be apportioned among multiple tortfeasors when an injured plaintiff has suffered a workplace injury and the employer or a coworker is partially to blame.
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
The Inadvisability Of Nonuniformity In The Licensing Of Cover Songs, Yolanda M. King
Belmont Law Review
In February 2015, the U.S. Copyright Office released a report entitled Copyright and the Music Marketplace, which summarizes its study of the music industry and recommends significant revisions to copyright law in response to the rapidly changing demands of the industry. Among its recommendations, the Copyright Office proposes an amendment to section 115(a)(2) of the Copyright Act. Currently, section 115(a)(2), referred to as the compulsory licensing provision of copyright law, permits someone to record a new version of a previously recorded and publicly distributed song, regardless of the format of the newly recorded version. The revised section 115(a)(2) would require …
A Tribute To Judge Kaye, Nicholas W. Allard
A Tribute To Judge Kaye, Nicholas W. Allard
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read Jd, Ph.D.
A New Model Of Sovereignty In The Contemporary Era Of Integrated Global Commerce, Kevin Sobel-Read Jd, Ph.D.
Vanderbilt Journal of Transnational Law
Existing legal scholarship does not offer an effective or comprehensive definition of sovereignty. Sovereignty, however, matters. Indeed, many have lived and died for it; the term likewise appears with remarkable frequency in both academic and popular discourse. But, sovereignty is not what it used to be. The evolution of globalization generally, and transformations in global commerce specifically, have sutured together the peoples of the world-conventional nation-states and Indigenous groups alike--permanently altering the sovereignty of each. These developments make it that much more imperative to incorporate a functional definition of sovereignty into legal scholarship. But, given the complexities of sovereignty, the …
Dear Student Editors, We Need Your Help, Jessica Lynn Wherry
Dear Student Editors, We Need Your Help, Jessica Lynn Wherry
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Modern Legal History 2015: The Road To Obergefell, Abby Rubenfeld, Regina Lambert
Belmont Law Review
We’re going to have the opportunity to hear about the road to Tanco v. Haslam, one of the most important individual rights constitutional decisions from the United States Supreme Court in the last half-century. We’ll have an opportunity to gain from Ms. Rubenfeld’s and Ms. Lambert’s perspectives and experiences and hear their stories, Belmont Law Review Modern Legal History Symposium, November 20, 2015.
For Judith S. Kaye, Susan N. Herman
For Judith S. Kaye, Susan N. Herman
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood
University of Baltimore Law Review
Imagine that you are an attorney, litigating an appellate case with an atypical fact pattern. You are familiar with the law; however, its application to your client's circumstances is entirely unclear. After endless hours of research, you finally find it: a factually apposite case with a favorable outcome. Elated, you grab your legal pad to scribble down the case citation. But then you see it-that dreaded text at the top of the opinion: "NOT SELECTED FOR PUBLICATION." This is an unpublished opinion. Perturbed and exhausted, your mind starts racing: "What's that rule again? Can I use this? I think that …
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore
Brooklyn Law Review
This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.
Minimizing Probate-Error Risk, Mark Glover
Minimizing Probate-Error Risk, Mark Glover
University of Michigan Journal of Law Reform
Probate-error risk is the possibility that a court will incorrectly assess the authenticity of a will. By prescribing the method courts use to evaluate the authenticity of wills, the law of will-execution allocates probate-error risk between false-positive outcomes and false-negative outcomes. When a court validates an inauthentic will, it creates a false-positive outcome. When a court invalidates an authentic will, it creates a false-negative outcome. Because false-positive outcomes result in the admission to probate of inauthentic wills and false-negative outcomes result in the denial of probate of genuine wills, both can be characterized as probate errors. This framework has been …
Once Upon A Transaction: Narrative Techniques And Drafting, Susan M. Chesler, Karen J. Sneddon
Once Upon A Transaction: Narrative Techniques And Drafting, Susan M. Chesler, Karen J. Sneddon
Oklahoma Law Review
No abstract provided.
The Future Of Law Reviews: Online-Only Journals, Katharine T. Schaffzin
The Future Of Law Reviews: Online-Only Journals, Katharine T. Schaffzin
Touro Law Review
No abstract provided.
Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty
Student-Edited Law Reviews Should Continue To Flourish, Sudha Setty
Touro Law Review
No abstract provided.
The Future Of Law Review Platforms, Andrea Charlow
The Future Of Law Review Platforms, Andrea Charlow
Touro Law Review
No abstract provided.
Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan
Virtual Liquid Networks And Other Guiding Principles For Optimizing Future Student-Edited Law Review Platforms, Donald J. Kochan
Touro Law Review
No abstract provided.
A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik
A Law Review Editor And Faculty Author Learn To Speak Honestly, Dan Subotnik
Touro Law Review
No abstract provided.
The Paperless Chase, Steven J. Mulroy
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
UIC Review of Intellectual Property Law
This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some …