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The Piracy Gap: Protecting Intellectual Property In An Era Of Artistic Creativity And Technological Change, Sherri L. Burr Jan 1997

The Piracy Gap: Protecting Intellectual Property In An Era Of Artistic Creativity And Technological Change, Sherri L. Burr

Faculty Scholarship

This Essay explores what Mark Twain, Bill Gates, and Live Crew have in common with other artistic and informational pioneers. Their creative visions and works challenge society to develop new legal methods for regulating the artistic and technological expansion. As this Essay demonstrates, law follows technology, albeit slowly. The author predicts that the next twenty-five years will pose more challenges to intellectual property laws than the last fifty. As new forms of art are created, reflected in the case of rap music, and new forms of communication evolve onto the information highway, new methods of piracy will abound. The challenge …

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Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson Jan 1997

Learning To Teach, Teaching To Learn, Kathryn M. Plank, Diane M. Enerson, Susannah Milner, R. Neill Johnson

Faculty Scholarship

No abstract provided.

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Major Constitutional And Administrative Decisions Of 1996: Progress Of The Supreme Court Of Pennsylvania, John L. Gedid Jan 1997

Major Constitutional And Administrative Decisions Of 1996: Progress Of The Supreme Court Of Pennsylvania, John L. Gedid

Faculty Scholarship

No abstract provided.

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Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski Jan 1997

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

Faculty Scholarship

No abstract provided.

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Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii Jan 1997

Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii

Faculty Scholarship

No abstract provided.

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The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach Jan 1997

The Unfocused Regulation Of Toxic And Hazardous Pollutants, John C. Dernbach

Faculty Scholarship

No abstract provided.

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U.S. Adherence To Its Agenda 21 Commitments: A Five-Year Review, John C. Dernbach Jan 1997

U.S. Adherence To Its Agenda 21 Commitments: A Five-Year Review, John C. Dernbach

Faculty Scholarship

No abstract provided.

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Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L Meadows Jan 1997

Warranties Of Title, Foreclosure Sales, And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L Meadows

Faculty Scholarship

No abstract provided.

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Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora Jan 1997

Campaign Finance Reform: Still Searching Today For A Better Way, Joel Gora

Faculty Scholarship

No abstract provided.

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Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power Jan 1997

Advocates At Cross-Purposes: The Briefs On Behalf Of Zoning In The Supreme Court, Garrett Power

Faculty Scholarship

No abstract provided.

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Family Secrets, Antoinette M. Sedillo Lopez Jan 1997

Family Secrets, Antoinette M. Sedillo Lopez

Faculty Scholarship

No abstract provided.

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Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya Jan 1997

Academic Mestizaje: Re/Producing Clinical Teaching And Re/Framing Wills As Latina Praxis, Margaret E. Montoya

Faculty Scholarship

What follows is an analysis that draws connections between activist teaching and activist scholarship and posits that it is the activism, the focus on the needs of Latinas/as, that makes them community service. In Part I, I describe the community lawyering program, one of the clinical law options, available at the University of New Mexico School of Law. In Part Il, I undertake to re-frame the law of wills in order to make this end-of-life ritual more relevant to the lives of Latinas/os. I then I enact a LatCritique of academic discussions and Outsider discourses. I conclude by examining our …

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Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya Jan 1997

Of 'Subtle Prejudices,' White Supremacy And Affirmative Action: A Reply To Paul Butler, Margaret E. Montoya

Faculty Scholarship

I analyze the connection of affirmative action to two models of race and racism. I contend that the Supreme Court Justices who continue to support affirmative action adhere to a "prejudice" model in which race is a concept to be overcome and racism is merely a condition of individual ignorance. 13 On the other hand, I posit that Professor Butler's proposals fall within a "white supremacy" model, which looks at race as a historically contingent concept that has been used to subordinate non-white peoples from precolonial times through the present. This historical perspective offers the possibility that the concept of …

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Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson Jan 1997

Whose Water Is It? Private Rights And Public Authority Over Reclamation Project Water, Reed D. Benson

Faculty Scholarship

The American West, for the most part, is an arid place. The average annual precipitation in the seventeen western states is twenty-one inches, but in many places is far less. Often there is too little water to go around, even in places such as Oregon that are ommonly believed to be wet.' Water is valuable everywhere because it is indispensable; it is even more precious in the West because it is scarce.

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Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore Jan 1997

Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore

Faculty Scholarship

This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …

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Construction Work: The Canons Of Indian Law (Case Note), Max J. Minzner Jan 1997

Construction Work: The Canons Of Indian Law (Case Note), Max J. Minzner

Faculty Scholarship

Congressional pronouncements in the area of Indian law have often been both sweeping and contradictory. To clear away some of the resulting confusion, the Supreme Court has adopted canons for construing these acts: Most importantly, ambiguous statutes and treaties are interpreted in favor of the tribes. In Alaska v. Native Village of Venetie, the Ninth Circuit applied this canon in interpreting the Alaska Native Claims Settlement Act (ANCSA), determining that Alaska's native villages qualify as "Indian country." This Case Note will show that the court's reliance on the canon of construction was misplaced. The most consistent interpretation of recent Supreme …

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Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon Jan 1997

Media And Monopoly In The Nformation Age: Slowing The Convergence At The Marketplace Of Ideas, Jon M. Garon

Faculty Scholarship

No abstract provided.

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Ranking Law Reviews By Author Prominence - Ten Years Later, Phyllis G. Coleman Jan 1997

Ranking Law Reviews By Author Prominence - Ten Years Later, Phyllis G. Coleman

Faculty Scholarship

Phyllis Coleman, Ranking Law Reviews by Author Prominence - Ten Years Later, 39 Arizona Law Review 15 (1997).

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Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen Jan 1997

Pain Relief For The Dying: The Unwelcome Intervention Of The Criminal Law, Phebe Saunders Haugen

Faculty Scholarship

This Article addresses physician-assisted suicide and the medical treatment of pain and suffering. Part II discusses various medical misconceptions about the treatment of pain and how modern medicine fails to fulfill this aspect of its palliative care role. Part III reviews how the law currently circumscribes the patient and doctor's ability to make medical decisions when the patient is terminally ill. As will be shown, the law is clearer and more respectful of good medical practice than most medical practitioners currently believe. Moreover, this section will also establish that, while several competing philosophical positions surrounding physician-assisted suicide exist, these same …

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Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards Jan 1997

Protections For Erisa Self-Insured Employee Welfare Benefit Plan Participants: New Possibilities For State Action In The Event Of Plan Failure, Mark A. Edwards

Faculty Scholarship

Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been unable to include those employees in the protection of those funds. Further, attempts at federal reform to protect these employees have failed to garner support. However, under the recent Travelers, United Wire, and Safeco decisions, it may be possible for states to assess ERISA self-insured funds and their participants through a combination of hospital use surcharges and taxes …

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Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla Jan 1997

Latcrit Praxis To Heal Fractured Communities, Laura M. Padilla

Faculty Scholarship

This Essay explores LatCrit praxis as a healing tool. Before turning to LatCrit practice, let me offer a preliminary observation that many Latinos are troubled by leading divided lives in fractured communities. This is exacerbated by social conditioning which encourages Latinos, as well as other outsiders, to fragment their identities. One of the benefits of LatCrit theory is that it encourages the process of working toward wholeness. At a recent conference which looked at the courage of those who have decided to live lives divided no more, Parker Palmer, the plenary speaker, suggested that the spark which causes people to …

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Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla Jan 1997

Intersectionality And Positionality: Situating Women Of Color In The Affirmative Action Dialogue, Laura M. Padilla

Faculty Scholarship

This article explores the position of women of color in the affirmative action dialogue. Affirmative action has come under attack locally, statewide, and federally. During this same period, critical race feminists have brought into sharp relief how women of color are marginalized or erased in discourses over sex and gender, as well as over race and ethnicity. Despite these protests and warnings, the current debate over affirmative action continues this history of invisibility, perpetuating America's spoken and unspoken conceptions about where women of color belong. For example, most discussion of affirmative action focuses on race, more specifically on African-Americans. Some …

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Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam H. Baer Jan 1997

Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam H. Baer

Faculty Scholarship

No abstract provided.

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The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox Jan 1997

The Lesbian Wife: Same-Sex Marriage As An Expression Of Radical And Plural Democracy, Barbara Cox

Faculty Scholarship

This Paper considers three ideas. The first is recognizing that a "reactionary and exclusionary democracy" exists in this country today. The second is considering the argument by some gay and lesbian activists that including gay men and lesbians under the rubric of state-sanctioned marriage will actually prevent a "radical and plural democracy" from occurring by removing the "outlaw" nature of the queer community and leading to the wholesale movement of gays and lesbians from the "anti-subordination project" into the mainstream middle-class. The third argues that, despite this concern, the gay and lesbian community can help move the country toward a …

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Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox Jan 1997

Coalescing Communities, Discourses And Practices: Synergies In The Anti-Subordination Project, Barbara Cox

Faculty Scholarship

No abstract provided.

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Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager Jan 1997

Does Privacy Really Have A Problem In The Law Of Criminal Procedure?, Daniel B. Yeager

Faculty Scholarship

Agreeing with William Stuntz's conclusion that privacy retains a significant position in the law of criminal procedure, the author defends a privacy-oriented procedural regime that can .be reconciled with an activist regulatory state. Part One of this Article suggests that the comparatively light judicial supervision of police coercion owes more to the conditions under which force is used than to what Stuntz views as the Court's indifference to what police do to us, or to its "obsession" over what police can see and hear. By redescribing questions of privacy, or questions of privacy and coercion, merely as questions of coercion, …

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Dangerous Games And The Criminal Law, Daniel B. Yeager Jan 1997

Dangerous Games And The Criminal Law, Daniel B. Yeager

Faculty Scholarship

This essay means to correct the ways in which the law of homicide deals with lucky winners or survivors of dangerous games that end in the deaths of unlucky (dead) "losers" or even unluckier non-participants. Drag racing and Russian roulette are my focus, not only because they are so frequently litigated, but also because most other (unlawful) excessive risk-taking ventures are not, grammatically, what we mean when we say "game." It is not so much my intention to evaluate the role that "moral luck" plays generally in the world or specifically in the criminal law. It is my position that …

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Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks Jan 1997

Will Boys Just Be Boyz N The Hood? African-American Directors Portray A Crumbling Justice System In Urban America, Justin P. Brooks

Faculty Scholarship

In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal justice system works in neighborhoods isolated from both the creation and the protections of the legal system, and where the rules of the criminal justice system sometimes collide with the rules of the neighborhood justice system.

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An Artist's Privilege, Niels Schaumann Jan 1997

An Artist's Privilege, Niels Schaumann

Faculty Scholarship

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 imposed to …

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From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith Jan 1997

From Law And Bananas To Real Law: A Celebration Of Scholarship In Mental Health Law, Steven R. Smith

Faculty Scholarship

No abstract provided.

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