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Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer 2018 University of Michigan Law School

Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer

Michigan Telecommunications and Technology Law Review

Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice BrightSky, Tracey McNeil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman 2018 T.J. Maloney Chair in Business Law and the Director of the Fordham Corporate Law Center, Fordham University School of Law

What Would We Do Without Them: Whistleblowers In The Era Of Sarbanes-Oxley And Dodd-Frank, Sean Griffith, Jane A. Norberg, Ian Engoron, Alice Brightsky, Tracey Mcneil, Jennifer M. Pacella, Judith Weinstock, Jason Zuckerman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. McGlynn 2018 Boston College Law School

Incapacitating Dangerous Repeat Offenders (Or Not): Evidentiary Restrictions On Armed Career Criminal Act Sentencing In United States V. King, Kayleigh E. Mcglynn

Boston College Law Review

On March 30, 2017, in United States v. King, the United States Court of Appeals for the Sixth Circuit held that a sentencing court may not rely on information in bills of particulars for the Armed Career Criminal Act’s different-occasions inquiry. In so doing, the Sixth Circuit joined the Second, Fourth, Fifth, Seventh, Tenth, Eleventh, and D.C. Circuits in holding that sentencing courts deciding the different-occasions question may rely only on the evidentiary sources that the United States Supreme Court approved in Taylor v. United States in 1990 and Shepard v. United States in 2005. In contrast, on ...


A Case For Revisiting The Child Welfare Act, Hannah Dudley 2018 Boston College Law School

A Case For Revisiting The Child Welfare Act, Hannah Dudley

Boston College Law Review

In 2017, in D.O. v. Glisson, the U.S. Circuit Court of Appeals for the Sixth Circuit held that the Child Welfare Act of 1980 (the “Act”) creates a privately enforceable right to foster care maintenance payments and that this right could be enforced by an individual through the use of § 1983. In a similar case, Midwest Foster Care and Adoption Ass’n v. Kincade, the Eighth Circuit held that the Act does not create a privately enforceable right and thus, could not be enforced through the use of 42 U.S.C. § 1983. This Comment argues that the ...


"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius 2018 Notre Dame Law School

"Thou Shalt Not Ration Justice": The Importance Of Autism Insurance Reform For Military Autism Families, And The Economic And National Security Implications Of Improving Access To Aba Therapy Under Tricare, Ariana Cernius

Journal of Legislation

No abstract provided.


Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein 2018 Notre Dame Law School

Prevailing Wage Legislation And The Continuing Significance Of Race, David E. Bernstein

Journal of Legislation

No abstract provided.


Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger 2018 Notre Dame Law School

Reforming By Re-Norming: How The Legal System Has The Potential To Change A Toxic Culture Of Domestic Violence, Melissa L. Breger

Journal of Legislation

No abstract provided.


Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald 2018 Notre Dame Law School

Rejoining Moral Culpability With Criminal Liability: Reconsideration Of The Felony Murder Doctrine For The Current Time, William Bald

Journal of Legislation

No abstract provided.


Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk 2018 Notre Dame Law School

Sentencing Enhancement For Aggravating Role: The Need For The Numerosity Test As The Legal Standard For The "Otherwise Extensive" Criminal Activity Determination, Nicole Borczyk

Journal of Legislation

No abstract provided.


The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig 2018 Notre Dame Law School

The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig

Journal of Legislation

No abstract provided.


The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris 2018 Notre Dame Law School

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.


The Elephant In Nevada's Hotel Rooms: Social Consumption Of Recreational Marijuana, A Survey Of Law, Issues, And Solutions, Brent Resh, Alysa Grimes, Beatriz Aguirre 2018 Nevada Law Journal

The Elephant In Nevada's Hotel Rooms: Social Consumption Of Recreational Marijuana, A Survey Of Law, Issues, And Solutions, Brent Resh, Alysa Grimes, Beatriz Aguirre

Nevada Law Journal Forum

Well known for its longstanding tradition of sanctioning and regulating the indulgence of activities almost universally considered “vices” (such as gambling, and even prostitution), Nevada now stands in a unique position on the frontlines of the state-level social experiment in marijuana decriminalization. Las Vegas—a mecca for tourists from around the world—has over forty-million annual visitorswho can now legally (at least under Nevada law) purchase up to one ounce of marijuana for recreational use. However, any consumption of that marijuana in a “public place,” retail marijuana store, or in a moving vehicle is a misdemeanor punishable by a fine ...


S18rs Sgcr No. 14 (Campus Life), John Green 2018 Louisiana State University

S18rs Sgcr No. 14 (Campus Life), John Green

Student Senate Enrolled Legislation

A CONCURRENT RESOLUTION

To place a referendum before the Louisiana State University student body in the Fall 2018 election to urge and request the LSU Board of Supervisors to review and reapportion the Campus Life Support Fee


Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah 2018 University of Michigan Law School

Does The United States Still Care About Complying With Its Wto Obligations?, Reuven S. Avi-Yonah

Articles

The Tax Cuts and Jobs Act of 2017 (“TCJA”) contains a provision that on its face appears to be a blatant violation of the WTO’s Subsidies and Countervailing Measures (SCM) rules. New IRC section 250 applies a reduced 13.125% tax rate to “foreign derived intangible income” (FDII), which is defined as income derived in connection with (1) property that is sold by the taxpayer to any foreign person for a foreign use or (2) services to any foreign person or with respect to foreign property. In other words, this category comprises exports for property and services, including royalties ...


George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse 2018 University of Maine School of Law

George J. Mitchell: Maine's Environmental Senator, Michael R. Bosse

Maine Law Review

The State of Maine is blessed with a history of impressive and respected politicians. Among others, the list includes James Blaine, Margaret Chase Smith, and Edmund S. Muskie. The State now must add the name of George J. Mitchell to these ranks. A native son of Waterville, Maine, he attended Bowdoin College, Georgetown University Law Center, and eventually catapulted himself into one of the most powerful political positions in the United States government when he was elected as majority leader of the United States Senate. During his tenure as majority leader, he helped to redefine the position through his strong ...


Senator George Mitchell And The Constitution, G. Calvin Mackenzie 2018 University of Maine School of Law

Senator George Mitchell And The Constitution, G. Calvin Mackenzie

Maine Law Review

In May of 1980, George J. Mitchell took the oath of office that all United States Senators have taken since 1868. The fourteen and one-half years of Mitchell's Senate service were a time of institutional and political tumult. For only two and one-half of those years were the Congress and the presidency controlled by the same party; only in those same two and one-half years did Mitchell serve with a President who was a member of his own party. This Article will examine a number of the most important constitutional issues that came before the Senate from 1980 through ...


S18rs Sgr No. 13 (Grad School Fees), Sepideh Kavousi, Jordan Landry, Wokil Bam 2018 Louisiana State University

S18rs Sgr No. 13 (Grad School Fees), Sepideh Kavousi, Jordan Landry, Wokil Bam

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and Request Exemption of Graduate Students from the Student Excellence Fee and Academic Excellence Fee


S18rs Sgr No. 14 (Campus Transit), Edouard d'Espalungue 2018 Louisiana State University

S18rs Sgr No. 14 (Campus Transit), Edouard D'Espalungue

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Parking and Transportation to modify the LSU Tiger Trail Night A operations and the LSU Campus Transit system webpage and operational hours


S18rs Sgr No. 18 (Student Athlete Survey), Jordyn Warren 2018 Louisiana State University

S18rs Sgr No. 18 (Student Athlete Survey), Jordyn Warren

Student Senate Enrolled Legislation

A Resolution

To urge and request the LSU Athletic Department to distribute the Student-Athlete Advisory Committee (SAAC) survey to student athletes.


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