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Articles 361 - 390 of 10596
Full-Text Articles in Entire DC Network
Housing Court: A Balancing Act, Todd Wilcher
Housing Court: A Balancing Act, Todd Wilcher
UMKC Law Review
This article provides a general description of the Kansas City Municipal Court's Housing Court - its origin, jurisdiction, and process-and discusses the broader themes and competing interests at issue in its cases. Because detached single-family home cases take up most of the space on the dockets, the single-family home theme is a major thread in the fabric of this Article. At the same time, however-in the broader context of the municipal environment-every building, structure and open land is subject to building, zoning, and maintenance regulations. These regulations are pervasive in our modern society, and ensuring they are applied in a …
Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg
Fair Use In The Us Redux: Reformed Or Still Deformed?, Jane C. Ginsburg
Faculty Scholarship
In 2019, Professor Ginsburg delivered the Distinguished Visitor in Intellectual Property Lecture at the Faculty of Law, National University of Singapore. Titled “Fair Use in the US: Transformed, Reformed, Deformed?”, the lecture explored US caselaw applying the statutory fair use exception, highlighting its excesses and apparent rebalancing. Four and half years (and a pandemic) later, the Supreme Court has rendered decisions in two fair use cases (Google v Oracle; Andy Warhol Foundation v Goldsmith). Together, these controversies prompt inquiry whether the Supreme Court has redrawn the landscape of US fair use and copyright law, expanding fair use …
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija
The Multilateral Investment Court: Necessary Isds Reform Or Self-Fulfilling Prophecy?, Fahira Brodlija
Arbitration Law Review (2009 - Present)
No abstract provided.
A Different Model For Show Business: Creating An Agency Employer In The Performing Arts, Kathy-Ann Hart
A Different Model For Show Business: Creating An Agency Employer In The Performing Arts, Kathy-Ann Hart
Hofstra Labor & Employment Law Journal
The inner workings of the entertainment business are often invisible. The end product of a beautiful film, a riveting play, a compelling television show or even a funny commercial is perhaps all most people ever know about show business. Not a lot is known or shared transparently about film financing, casting or about talent representation.
Communal Authorship, Aman K. Gebru
Communal Authorship, Aman K. Gebru
University of Richmond Law Review
A literary or artistic expression created by an individual author fits neatly in the copyright system. Many of the rules were developed with the sole author and a distinct work in mind. Given this start, copyright law struggles to govern expressions generated by teams. But even in such scenarios, joint authorship rules, which were developed relatively recently, have addressed complicated ownership questions. In contrast to solo- and team-authored works, the copyright system fails in a third category, what this Article labels “communal authorship.” This Article describes communal authorship as a subset of mass-authored works having the key features of numerosity, …
More Than ‘‘Responsible Ai” Bridging Artificial Intelligence Systems (Ais) And Aisystems Ethics Into Practice, Ruth Bankey
More Than ‘‘Responsible Ai” Bridging Artificial Intelligence Systems (Ais) And Aisystems Ethics Into Practice, Ruth Bankey
Canadian Journal of Law and Technology
This article reflects on the question ‘‘how should we approach the ethics of AI and technology?” through the example of how the Canada Revenue Agency (CRA) is working within this space to develop its Artificial Intelligence Systems (AIS) Ethics Lifelong Learning and Professional Development Strategy. This strategy is connected, but also acts as a critical counterpoint, to approaches to AI governance and accountability that are reliant on a notion of ‘‘Responsible AI”. In these contexts, responsible AI is understood as the regulatory adoption of ‘‘rules” diffused through a normative structure of hierarchical authority within the organization or business. Rather, this …
Trickle-Down Compliance: How Codifying The Mandatory Presidential Audit Can Improve Tax Morale And Tax Compliance, Emma Braden
Trickle-Down Compliance: How Codifying The Mandatory Presidential Audit Can Improve Tax Morale And Tax Compliance, Emma Braden
UC Law Journal
A functioning government requires tax revenue, and democratic legitimacy requires a nation’s leaders be subject to the same laws as its citizens. The president’s tax behavior is an opportunity to address both needs. With a projected increase in the tax gap, there is a need for a politically viable, cost-effective way to increase revenues. In December 2022, the House Ways and Means Committee released a report revealing that the IRS failed to perform mandatory annual audits of former President Donald Trump’s taxes. The revelation imperils public trust in tax administration, requiring a new approach to guarantee accountability for a president’s …
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs
Pace International Law Review
The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …
The Santa Clara, 2024-02-16, Santa Clara University
The Santa Clara, 2024-02-16, Santa Clara University
The Santa Clara
No abstract provided.
Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller
Grágás And The Legal Culture Of Commonwealth Iceland, William Ian Miller
Book Chapters
The subject of this chapter is Grágás, the compilation of the laws of Iceland in the Commonwealth period. The chapter begins by outlining the court structure of Iceland and the fundamentals of legal procedure, briefly discussing the importance of law to the conversion narrative in Íslendingabók and its account of the first decision to put Iceland’s laws into writing. It describes the distinctive concepts and customs which underlie the legal system of medieval Iceland, looking at the role of the búi (neighbour) in legal procedure, and explaining the key concepts of helgi (the right of inviolability), grið (domicile, or household …
Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda
Exclusive Legal Personality Of States In East Asia And The Legacy Of Bandung Pragmatism, Tetsuya Toyoda
Indonesian Journal of International Law
One of the significance of the Bandung Conference was the down-to-earth realism. The People's Republic of China (PRC) was among the major promoters of the conference, despite its mostly unrecognized status in the international community. The exclusive legal personality is the central tenet of the modern system of international law, where non-sovereign entities are strictly discriminated against sovereign ones. The introduction of international law in East Asia in the late-nineteenth century was particularly troublesome with the eventual denial of legal personality of semi-sovereign entities, such as the kingdom of Lew Chew, the Joseon dynasty, or the government of Tibet. East …
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
More Than A Second Chance: An Alternative Employment Approach To Reduce Recidivism Among Criminal Ex-Offenders, Rose M. Burt
Tennessee Journal of Law and Policy
No abstract provided.
The Santa Clara, 2024-02-02, Santa Clara University
The Santa Clara, 2024-02-02, Santa Clara University
The Santa Clara
No abstract provided.
Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi
Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi
International Review of Humanities Studies
Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …
Counter-Discourse And Power In Ahmed Yerimah’S Hard Ground And Uwemedimo Atakpo’S Watering The Hard Ground, Anietie Francis Udofia
Counter-Discourse And Power In Ahmed Yerimah’S Hard Ground And Uwemedimo Atakpo’S Watering The Hard Ground, Anietie Francis Udofia
International Review of Humanities Studies
Niger Delta uprising always evokes controversial positions viewed from a single perspective from the pages of print to electronic media with which many dramas and films on their themes clone some intertextual discourses as the absolute voice on the Niger Deltans’ problem. The major concern is usually the violence caused by the people of the Niger Delta to disrupt the peace of the Nigerian society without giving a second thought to the people’s complaint about the political which worsens the situations of the region. Using qualitative research methodology, framed on Mikhail Bakhtins’ theory of Dialogism as a suitable theoretical framework …
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
Virtual Stardom: The Case For Protecting The Intellectual Property Rights Of Digital Celebrities As Software, Alexander Plansky
University of Miami Business Law Review
For the past several decades, technology has allowed us to create digital human beings that both resemble actual celebrities (living or deceased) or entirely virtual personalities from scratch. In the near future, this technology is expected to become even more advanced and widespread to the point where there may be entirely virtual celebrities who are just as popular as their flesh-and-blood counterparts—if not more so. This raises intellectual property questions of how these near-future digital actors and musicians should be classified, and who will receive the proceeds from their performances and appearances. Since, in the near-term, these entities will probably …
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
No Peeking: Addressing Pretextual Inspection Demands By Competitor-Affiliated Shareholders, Lin (Lynn) Bai, Sean Meyer
Faculty Articles and Other Publications
This article exposes how Delaware private companies are vulnerable to pretextual inspections under the guise of valuation by shareholders who are affiliated with competitors of the companies. The Delaware Court of Chancery’s 2020 decision in Woods v. Sahara Enterprises, Inc., which deviated from established law by switching the initial burden of proof of the shareholder’s motive to the target company, exacerbated this vulnerability. This article argues for reversing that decision and proposes changes in multiple areas of law to help companies fend off prying competitors who abuse statutory shareholder inspection rights for unfair advantages in competition.
Minecraft As A Teaching Tool: Online Experiential Learning For The Law School Classroom, Maria Jose Schmidt-Kessen, Stina Teilmann-Lock, Florence Villesèche, Andrea Wallace
Minecraft As A Teaching Tool: Online Experiential Learning For The Law School Classroom, Maria Jose Schmidt-Kessen, Stina Teilmann-Lock, Florence Villesèche, Andrea Wallace
Fordham Intellectual Property, Media and Entertainment Law Journal
The Article explores the potential use of Minecraft for experiential learning in higher education. In theory and in practice, intellectual property (IP) questions increasingly arise around if or how digital art can be owned, shared, and reused, as well as how digital realities interact with the various legal regimes. In its sandbox environment, Minecraft allows players to explore these questions through collective co-creation and creative decision-making pertaining to the subsequent re-use of their digital creations. Players become better equipped to reflect on the process of copying, creating, and exploiting their digital creations using the legal tools offered by IP law, …
On The Legality Of Defrauding The Public, Wes Henricksen
On The Legality Of Defrauding The Public, Wes Henricksen
Marquette Law Review
Speech used to intentionally mislead others to gain a tangible benefit while causing harm to the one deceived or to others is generally labeled “fraud.” This term is used in both legal and nonlegal contexts. Where speech used to defraud satisfies the elements of a tort or a crime, it becomes “actionable fraud.” Categories of actionable fraud include common law deceit, securities fraud, and wire fraud. But taken together, these laws address harmful dishonesty in an inconsistent manner. While they broadly prohibit deceiving individual victims, they often allow deceiving the public at large. As a result, it is often lawful …
The Historical Regulation Of Intoxicated Firearms Possession And Carry: A Response To F. Lee Francis’S Armed And Under The Influence: The Second Amendment And The Intoxicant Rule After Bruen, Mark Anthony Frassetto
The Historical Regulation Of Intoxicated Firearms Possession And Carry: A Response To F. Lee Francis’S Armed And Under The Influence: The Second Amendment And The Intoxicant Rule After Bruen, Mark Anthony Frassetto
Marquette Law Review
Recently, the Marquette Law Review published Armed and Under the Influence: The Second Amendment and the Intoxicant Rule After Bruen by Professor F. Lee Francis. In that article, Professor Francis provocatively argues that the Second Amendment protects the right of intoxicated people to carry guns in public. Francis argues that, under the history-focused framework for deciding Second Amendment cases laid out by the Supreme Court in Bruen, there is an insufficient historical tradition to support prohibiting intoxicated people from carrying arms in public. Francis is wrong about the historical tradition. The historical tradition of regulating the intersection of guns and …
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
A Rpl In Time: A Brown Buffalo's Observations On The Ongoing Struggle Of Civic And Racial Nationalism In Higher Education - Circa 2023, Tom I. Romero Ii
Scholarly Works
No abstract provided.
The Trouble With Classifications, Aziz Z. Huq
The Trouble With Classifications, Aziz Z. Huq
Public Law and Legal Theory Working Papers
The Supreme Court relies increasingly on anti-classification rules to implement the Constitution’s commands of even-handed state treatment. These rules direct attention to whether an instance of a forbidden classification is present on the face of a challenged law. They contain two necessary steps. First, a court defines a general category of impermissible terms. Second, a court ascertains whether an instance of the category is found in enacted text—triggering the familiar strict scrutiny analysis. So defined, anti-classification rules now dominate Equal Protection, Free Speech, ‘dormant’ Commerce Clause, and even Free Exercise jurisprudence. The Roberts Court celebrates them as “commonsense,” citing their …
American Dream: Social Pressures And Lackluster Regulation Allow Multi-Level Marketing Companies To Function As De Facto Pyramid Schemes, Lindsay R. Maher
American Dream: Social Pressures And Lackluster Regulation Allow Multi-Level Marketing Companies To Function As De Facto Pyramid Schemes, Lindsay R. Maher
Minnesota Law Review Vols. 106:2 onward (2021-present)
The entrepreneurial spirit goes to the heart of the American Dream. Pull yourself up by the bootstraps. Put your nose to the grindstone. If you could just be given the tools to get started, you, too, can make something of yourself with hard work and perseverance. This mindset drives millions of people each year to participate in Multi-Level Marketing companies (MLMs), which are advertised as an opportunity to start your own business, sell products, and work on your own schedule. MLMs are also designed to reward sellers each time they successfully encourage another person to join, so much so that …
The Fourth World Approach: A Challenge Or An Extension To Twail?, Vineet Tayal
The Fourth World Approach: A Challenge Or An Extension To Twail?, Vineet Tayal
National Law School of India Review
The Fourth World Approach to International Law (‘FWAIL’) is the new formation of a critical methodology for analysing the international law framework. The idea of ‘us’ in international law, paves the way for the discrimin ation of the ‘others’ in international law. The Third World Approach to International Law (‘TWAIL’) though claiming to include all the ‘others’ of international law, fails to include the concerns of all the marginalised and excluded ‘others’. TWAIL is focused on these ‘others’ as a homogenous group and thereby neglects the marginalisation of the marginalised. FWAIL insists on the development of a new language of …
The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon
The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon
Transactions: The Tennessee Journal of Business Law
No abstract provided.
The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan Van Patten
The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan Van Patten
Faculty Publications
The movie, 12 Angry Men, is a fictionalized portrayal of a deliberation in a murder case from inside the jury room. It provides a memorable treatment of the difficulty of deciding a case solely on the evidence admitted, as well as illuminating the dynamics of argument, emotion, and persuasion, particularly where deep-seated passions preclude honest evaluation of the evidence.
Goodbye Copyright? The Rise Of Trademark And Rights Of Publicity In The Hip-Hop Music Industry, Kevin J. Greene
Goodbye Copyright? The Rise Of Trademark And Rights Of Publicity In The Hip-Hop Music Industry, Kevin J. Greene
Chapman Law Review
"Hip-hop music dominates popular culture and fuels the global entertainment industry, from music to dance, film, advertising, television, social media, and the internet.8 Hip-hop music, also known as rap, is an art form created by African American artists, but largely controlled through distribution and intellectual property ('IP') transfers by majority white-led corporations.9 From its inception, hip-hop presented a challenge to prevailing theories and doctrines of intellectual property, especially copyright law. Today, the gauntlet of rules regarding who is an IP owner, what is and is not protected, and the law’s bias toward the sophisticated continues to burden hip-hop artists."
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
Cardozo Journal of Conflict Resolution
Mediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover …
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Controlling Moral Hazard In Limited Liability With The Consumer Sales Practices Act, Nathaniel Vargas Gallegos
Journal of Legislation
The few states that have passed the Model Consumer Sales Practices Act have common definitions and case law regarding the definition of a “supplier.” This definition is broad enough to include managers of companies in limited liability entities in the states that have adopted the model act. The practicality is that business principals, owners, and managers can be held personally liable for deceptive practices under the state acts. But this is not a piercing of the corporate veil or of the limited-liability company. This Article is meant to accomplish four purposes: (1) exhibit the origins of the act, (2) show …
Ukraine, Moral Outrage, And International Law, Heidi Gilchrist
Ukraine, Moral Outrage, And International Law, Heidi Gilchrist
Faculty Scholarship
No abstract provided.