Digital Commons Network^™

Defense Witness As ‘Accomplice’: Should The Trial Judge Give A ‘Care And Caution’ Instruction?, Clifford S. Fishman

Scholarly Articles

At least three federal circuits have approved a trial judge's decision to give a cautionary accomplice testimony instruction when an alleged accomplice testifies for the defendant. Several state courts and at least one military court have done likewise. Other state courts, in contrast, have explicitly disapproved giving such an instruction and courts in at least one state are divided on the issue.

Part I of this article briefly reviews how courts have traditionally determined whether a prosecution witness is an "accomplice,” and will provide representative samples of cautionary instructions. Part II will examine the federal decisions8 upholding giving a similar …

Border Crossings: Understanding The Civil, Criminal, And Immigration Implications For Battered Immigrants (And Others) Fleeing Across State Lines With Their Children, Catherine F. Klein, Leslye E. Orloff, Hema Sarangapani

Scholarly Articles

This article provides an overview of the impact of state criminal parental kidnapping or custodial interference statutes on immigrant survivors of domestic violence who already have left or wish to leave their state with their children. Specifically, it discusses the jurisdictional laws that relate to interstate custody, criminal implications of intrastate versus interstate custodial interference, the varying applicability of custodial interference statutes for parents who do and do not have court-ordered custody of their children, statutory exceptions or defenses available to survivors of domestic violence facing prosecution on charges of criminal parental kidnapping, and immigration consequences related to a conviction …

Cool Data On A Hot Issue: Empirical Evidence That A Law School Bar Support Program Enhances Bar Performance, Emmeline Paulette Reeves

Law Faculty Publications

Many law schools have become increasingly concerned about the bar passages rates of their graduates. Low bar passage rates may negatively impact student morale, accreditation, and future admissions. Law schools are also concerned about the emotional and financial impact on their graduates of failing the bar examination. What, if anything, can and should law schools do to improve their graduates' chances of passing the bar examination?

Many law schools are deciding that they should do something. A significant number of law schools are now offering programs "specifically designed" to improve their graduates' performance on the bar examination. And these schools …

The Ncaa's Regulations Related To The Use Of Agents In The Sport Of Baseball: Are The Rules Detrimental To The Best Interest Of The Amateur Athlete?, Richard T. Karcher

Vanderbilt Journal of Entertainment & Technology Law

First, this Article will discuss the NCAA regulations applicable to all sports regarding the use of agents by amateur athletes. Next, this Article will discuss (i) the mechanics of the annual Major League Baseball draft, (ii) the factors that contribute to the necessity and desire for amateur baseball players to retain a competent agent or lawyer before they have extinguished their NCAA eligibility, and (iii) how the NCAA regulations are detrimental to both drafted and draft-eligible amateur baseball players. Finally, this Article will discuss how the NCAA should revise its regulations to better serve the amateur athlete in the sport …

Copyright Infringement In The Indian Film Industry, Rachana Desai

Vanderbilt Journal of Entertainment & Technology Law

This Note focuses on the largest of these industries: Bollywood, the center of Hindi language cinema. In recent years, nearly eight out of every ten Bollywood scripts have been inspired by one or more Hollywood films. Previously, this widespread problem was not visible to those outside of India. The emergence of the internet and better global communications, however, have made Westerners more aware of the cultural copy situation in India. In 2003, best-selling fiction writer Barbara Taylore-Bradford brought a copyright infringement suit against Sahara Television for allegedly making a television series out of her book "A Woman of Substance." After …

Sola, Perduta, Abbandonata: Are The Copyright Act And Performing Rights Organizations Killing Classical Music?, Amanda Scales

Vanderbilt Journal of Entertainment & Technology Law

This Note first explores the special concerns faced by classical composers and the distinctions that make classical composition inherently different from popular songwriting. The Note also discusses some of the more recent developments under the Copyright Act that affect composers of art music, most notably the Copyright Term Extension Act and the Fairness in Music Licensing Act. The Note then analyzes the adverse effects that the current state of the law has on classical composers. Ultimately, this Note offers suggestions for composers who wish to protect their works while retaining their artistic integrity and continuing the traditions of classical music, …

An Analysis Of The Recording Industry's Litigation Strategy Against Direct Infringers, Kristina Groennings

Vanderbilt Journal of Entertainment & Technology Law

In the fall of 2003, suing direct infringers may have been the only recourse left to the recording industry. The industry faced a long-term trend of a decrease in sales, due largely to file-sharing. The decline in album sales following the inception of Napster, from 1999 through 2002, had been the most dramatic in the past 30 years. CD sales were down from $13.2 billion in 2000 to $11.2 billion in 2003. The industry's victory in Napster was fleeting, as publicity over the issue increased awareness of peer-to-peer (P2P) technology and users flocked to decentralized networks like Grokster and KaZaa, …

Protecting The Future: A Strategy For Creating Laws Not Constrained By Technological Obsolescence, Jay Campbell

Vanderbilt Journal of Entertainment & Technology Law

This note will examine the obsolescence of laws through the lens of recent cases relating to "wiretapping laws" and propose the creation of laws that protect certain rights independent of technology. Recently, a number of courts have held that laws created in the mid-1980's to protect communications do not apply to Internet-related communications, reasoning that the method of transmission falls outside the language of the statutes. As a result, e-mail and other forms of Internet-based communications are treated differently from older forms of communication such as telephone conversations. This note will propose a broad legislative solution with the aim of …

Tragedy And Triumph In Title Ix, Welch Suggs

Vanderbilt Journal of Entertainment & Technology Law

The NCAA is trying to send a stronger message about the importance of the educational goals of college sports, as evidenced by the elevation of academic standards. However, colleges send a powerful message to parents by rewarding them for allowing their children to play a single sport year-round, to the exclusion of other activities. If sport offers a stronger guarantee of college admission than study--and Bowen's work indicates that is true not just at big-time sports powerhouses, but also at the country's most prestigious colleges--who can blame a student or parent from diving into sports? The future of women's athletics …

Navigating Into The New "Safe Harbor": Model Interest Surveys As A New Tool For Title Ix Compliance Programs, John J. Almond, Daniel A. Cohen

Vanderbilt Journal of Entertainment & Technology Law

The policy debate and the divergent views expressed in the mainstream media have provided little practical advice regarding the Additional Clarification or the Model Survey to the well-intentioned academic institution seeking to comply with Title IX in a cost-effective manner. This Article is intended to be a source of such practical advice. This Article discusses the Additional Clarification from the perspective of the academic institution and seeks to help it evaluate whether to implement the OCR's recommendations, including the Model Survey, as part of its Title IX compliance program. The Article does not engage in the policy debate regarding the …

Copyright Issues For Sound Recordings Of Volunteer Performers, Stephen Adams

Vanderbilt Journal of Entertainment & Technology Law

Is copyright jurisprudence ready to handle a situation where three and four hundred people own a copyright in a single work? The copyright code does provide solutions for this type of situation, but the solution provided may not be the best one. This Note discusses how this situation may arise, and it recommends possible solutions to alleviate it. The first section will present a brief history of copyright law. The second section will explain the purpose of the termination of transfers encoded in section 203 of the Copyright Act. The third section will discuss the importance of the employment relationship …

Upon Further Review: Why The Nfl May Not Be Free After Clarett, And Why Professional Sports May Be Free From Antitrust Law, Darren W. Dummit

Vanderbilt Journal of Entertainment & Technology Law

This note begins by reviewing the Jewel Tea line of cases that theoretically serve as the starting point for any non-statutory exemption discussion, followed by brief overviews of the contrasting Wood and Mackey lines of cases. The background section then turns to a summary of Brown--the latest Supreme Court decision relating to the collective bargaining process in professional sports--followed by a brief discussion of the NFL eligibility rule and how it differs from the recently-enacted NBA eligibility rule, which is of unquestioned legality. Finally, both the District Court and Court of Appeals decisions in Clarett are summarized.

The analysis begins …

Analogical Modeling And Morphological Change: The Case Of The Adjectival Negative Prefix In English, Don William Chapman, Royal Skousen

Faculty Publications

This article examines the usefulness of Skousen’s Analogical Modeling (AM) for explaining morphological change. In contrast to previous accounts of analogy, AM constitutes a general unified model of language that accounts for both sporadic and systematic changes. AM also provides explicit constraints on analogy that allow explanation of how morphological changes begin, which forms most likely serve as patterns for analogy, and which forms are most likely to change.

AM is then tested on the case of the adjectival negative prefix in English (in-, un-, dis-, etc.), using the Middle and Early Modern English portions of the Helsinki corpus as …

The Blind Spot In The Mirror: Self-Recognition And Personal Identity In Borges’S Late Poetry, David Laraway

Faculty Publications

La poesfa tardfa de Bo,ges podrfa parecer conservadora y hasta redundante para el lector que ya conoce sus cuentos y su poesfa temprana. No obstante, en el presente artfculo propongo una interpretadon de la ceguera en su poesfa tardfa, interpretdndola como motivo estructurador vinculado con el proyecto de sus obras mejor conoc1das. De interis especial es la cuestion de! cardcter aparentemente ilusorio de! yo. Basdndome en la filosefia analftica contempordnea, hago una distindon entre la identtficadon metajfsica y la identtficadon estitica. .Esta, a mi ver, nos propordona una clave esendal para entender la fancion de la primera persona gramatical en …

The Democratic Fatwa: Islam And Democracy In The Realm Of Constitutional Politics, Noah Feldman

Oklahoma Law Review

No abstract provided.

Escaping Victor's Justice By The Use Of Truth And Reconcilliation Commissions, Randall T. Coyne

Oklahoma Law Review

No abstract provided.

Democracy's Paradox: Popular Rule As A Constitutional Limit On Foreign Policy Promoting Popular Rule, Harry F. Tepker Jr.

Oklahoma Law Review

No abstract provided.

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.

Habeas Corpus: Expired Conviction, Expired Relief: Can The Writ Of Habeas Corpus Be Used To Test The Constitutionality Of A Deportation Based On An Expired Conviction?, Joshua D. Smith

Oklahoma Law Review

No abstract provided.

International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer

Oklahoma Law Review

No abstract provided.

A Prescription For Drug Liability And Regulation, Victor E. Schwartz, Phil Goldberg

Oklahoma Law Review

No abstract provided.

Making A Mark In The Internet Economy: A Trademark Analysis Of Search Engine Advertising, Mark Bartholomew

Oklahoma Law Review

No abstract provided.

A Device Designed To Manipulate Diversity Jurisdiction: Why Courts Should Refuse To Recognize Post-Removal Damage Stipulations, Benjamin T. Clark

Oklahoma Law Review

No abstract provided.

From The World Court To Oklahoma Court: The Significance Of Torres V. State For International Court Of Justice Authority, Individual Rights, And The Availability Of Remedy In Vienna Convention Disputes, Heather L. Finstuen

Oklahoma Law Review

No abstract provided.

Legislating New Federalism: The Call For Grand Jury Reform In The States, John F. Decker

Oklahoma Law Review

No abstract provided.

A Primer On The Doctrine Of Federal Sovereign Immunity, Gregory C. Sisk

Oklahoma Law Review

No abstract provided.

Losing Ground: Seminole And The Annexation Power Of Municipalities In Oklahoma, Kristen M. O'Connor

Oklahoma Law Review

No abstract provided.

Homiletics, Steelman Library, Richard C. Harris Dr.

Syllabus Repository

No abstract provided.

A Tribute To Professor Daniel G. Gibbens

Oklahoma Law Review

No abstract provided.

Agrostology; An Introduction To The Systematics Of Grasses, James P. Smith Jr

Botanical Studies

No abstract provided.