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Tax Credit - Current Status And Prospects, James Robinson 2017 St. John's University School of Law

Tax Credit - Current Status And Prospects, James Robinson

The Catholic Lawyer

No abstract provided.


Current Tax Problems And Implications: Experience In Indiana And Virginia, William J. O'Connor 2017 St. John's University School of Law

Current Tax Problems And Implications: Experience In Indiana And Virginia, William J. O'Connor

The Catholic Lawyer

No abstract provided.


Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn 2017 St. John's University School of Law

Wade & Bolton: Fundamental Legal Errors And Dangerous Implications, Robert M. Byrn

The Catholic Lawyer

No abstract provided.


The Functions Of Law In International Society, Miriam Theresa Rooney 2017 St. John's University School of Law

The Functions Of Law In International Society, Miriam Theresa Rooney

The Catholic Lawyer

No abstract provided.


Cruel And Unusual Punishment: Of Straps And Strip Cells, Vincent C. Alexander, Neil A. Nowick 2017 St. John's University School of Law

Cruel And Unusual Punishment: Of Straps And Strip Cells, Vincent C. Alexander, Neil A. Nowick

The Catholic Lawyer

No abstract provided.


What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, Tara Smith 2017 University of Arkansas, Fayetteville

What Good Is Religious Freedom? Locke, Rand, And The Non-Religious Case For Respecting It, Tara Smith

Arkansas Law Review

No abstract provided.


Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring 2017 Louisiana State University

Freedom From Detention: The Constitutionality Of Mandatory Detention For Criminal Aliens Seeking To Challenge Grounds For Removal, Darlene C. Goring

Arkansas Law Review

No abstract provided.


A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany 2017 Hebrew University of Jerusalem

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial ...


Fair Use And Appropriation Art, Niels Schaumann 2017 California Western School of Law

Fair Use And Appropriation Art, Niels Schaumann

Niels Schaumann

Part I provides some background regarding aesthetic vocabulary in the arts, and traces the use of appropriated images in the twentieth- and twenty-first centuries. Part II discusses the general application of copyright law to appropriation art. Part III examines the current status of the fair use cases that address appropriation art and concludes that the fair use results are better than before, largely because of the ascendancy of “transformativeness” as an important fair use factor. It also concludes, however, that fair use remains insufficient to protect appropriation art. Finally, Part IV re-proposes a solution—an exception to copyright, limited to ...


Small Business And Copyright Ownership, Niels Schaumann 2017 California Western School of Law

Small Business And Copyright Ownership, Niels Schaumann

Niels Schaumann

This article attempts to facilitate the recognition of situations involving copyright and the appropriate arrangements regarding ownership of the right. Part II briefly outlines some copyright basics, including the varieties of copyrightable subject matter under the Copyright Act of 1976. Part III describes copyright ownership, focusing on the kinds of transactions most likely to take place in the context of small business, including the “work for hire” doctrine. Armed with these fundamentals, the small-business lawyer may find that copyright litigation will rarely become necessary.


The Sarbanes-Oxley Act: A Bird's-Eye View, Niels Schaumann 2017 California Western School of Law

The Sarbanes-Oxley Act: A Bird's-Eye View, Niels Schaumann

Niels Schaumann

It is the goal of this article to provide a brief reference to the multitude of changes in the law wrought by SOX. The author's hope is that this will be of use to students, scholars, and practitioners seeking an overview of the extensive changes resulting from this legislation. The discussion is broader than it is deep; indeed, a work attempting to examine SOX in depth would soon become a treatise and not just an article. The remainder of this article, then, will seek to provide a big-picture view of SOX: Part II of this article will address SOX ...


Law School Based Incubators And Access To Justice, Patricia Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek 2017 Touro College Jacob D. Fuchsberg Law Center

Law School Based Incubators And Access To Justice, Patricia Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Niels Schaumann

At the end of February 2015, law professors, law deans, incubator staff and attorneys, and self-selected others gathered at California Western School of Law for the Second Annual Conference on Law School Incubators and Residency Programs. The incubators that are the subject of this article tend to focus on transition to law practice and access to justice, and some are also working to incorporate technology for the practice of law as a means of enhancing access to justice. As more law schools decide to host, sponsor or offer an incubator, and following our panel discussion at the February 2015 incubator ...


An Artist's Privilege, Niels Schaumann 2017 California Western School of Law

An Artist's Privilege, Niels Schaumann

Niels Schaumann

This article examines visual art in light of the letter and the spirit of the Constitution's Copyright Clause and the Copyright Act of 1976 (“Act”) and concludes that artists should have the freedom to copy works, not only of popular culture, but of all kinds. In other words, people creating art should be permitted to copy anything and everything. This is not to suggest that copyright serves no purpose: destroying the copyright edifice merely to protect the ability of certain artists to create would be dangerous and foolhardy. Practical limitations on an artist's privilege to copy can be ...


Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann 2017 California Western School of Law

Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels Schaumann

Niels Schaumann

The author finds little with which to be pleased in the Court’s recent copyright cases. The Court seems to be fighting a holding action, fending off the future by resolutely gazing backward. While the Court has not itself enlarged copyright, it has not meaningfully evaluated Congress’s power to do so, and its decisions freeze copyright into a moment in time long past. Until copyright law recognizes that content is no longer container-bound, it will continue to flounder, desperately seeking analogies to the past and missing the significance of the technological changes all around us. That said, the author ...


Copyright Class War, Niels Schaumann 2017 California Western School of Law

Copyright Class War, Niels Schaumann

Niels Schaumann

No abstract provided.


Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann 2017 California Western School of Law

Copyright Infringement And Peer-To-Peer Technology, Niels Schaumann

Niels Schaumann

In this article, I will analyze the activities of peer-to-peer ("P2P") users to determine more precisely which, if any, of their actions infringe copyright. In Part II, I will describe the process of copyright lawmaking and the recent evolution of copyright law in response to technology. This discussion will include a brief description of conventional and P2P network technology. A copyright analysis of user activities on P2P networks follows in Part III, where I argue that the nature of copyright legislation requires courts to be especially careful and precise in determining the contours of infringing noncommercial conduct by members of ...


The Lender As Unconventional Fiduciary, Niels Schaumann 2017 California Western School of Law

The Lender As Unconventional Fiduciary, Niels Schaumann

Niels Schaumann

This Article examines one kind of fiduciary relationship—one that develops from an ordinary, arms-length commercial relationship between a lender and a borrower. Although this prototype relationship exists in the broader context of “lender liability,” to which academic commentators and the practicing bar have paid a good deal of attention in recent years, the suggested analysis has as much to do with fiduciary relationships generally as it does with issues of lender liability. The unconventional fiduciary relationship examined here differs in several respects from the conventional fiduciary relationship, for example that of trustee-beneficiary. Perhaps the most obvious difference is that ...


The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax 2017 Selected Works

The Tobacco Diaries: Lessons Learned And Applied To Regulation Of Dietary Supplements, Joanna K. Sax

Joanna K Sax

No abstract provided.


Financial Conflicts Of Interest In Science, Joanna K. Sax 2017 California Western School of Law

Financial Conflicts Of Interest In Science, Joanna K. Sax

Joanna K Sax

This Article proposes a new direction for addressing financial conflicts of interest, which plague biomedical research and threaten scientific integrity. This Article descriptively states the controversy surrounding financial conflicts of interest by explaining how these conflicts arise and the damage that can be created as a result. By describing the scientific process, the Article explains that changes to the academic environment may allow the public-private interaction to proceed, without creating the problems associated with financial conflicts of interest.

Financial conflicts of interest are created when the profit-seeking motive of a private funding source unduly influences an academic scientist's primary ...


Biotechnology And Consumer Decision-Making, Joanna K. Sax 2017 Selected Works

Biotechnology And Consumer Decision-Making, Joanna K. Sax

Joanna K Sax

No abstract provided.


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