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General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz

Articles

The General Public License (GPL) enshrines a softwarehacker's' freedom to use code in important ways. Hackers oftenrefer to the GPL as the free software movement's "constitution."Richard Stallman, founder of the Free Software Foundation (FSF), wrote the most recent version of the GPL, version 2.0, back in 1991. For a constitution, a fourteen-year-old document is young, but for a license, it is quite old. The revision process is finally underway, led by Stallman and Eben Moglen, FSF's general counsel.

The release of GPL version 3.0 will be momentous for many reasons, but one reason stands out: The GPL governs much of …

Do Constitutions Requiring Adherence To Shari`A Threaten Human Rights? How Egypt’S Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

Articles

Over the last thirty years, a number of Muslim countries, including most recently Afghanistan and Iraq, have adopted constitutions that require the law of the state to respect fundamental Islamic legal norms. What happens when countries with a secular legal system adopt these "constitutional Islamization" provisions? How do courts interpret them? This article will present a case study of constitutional Islamization in one important and influential country, Egypt. In interpreting Egypt's constitutional Islamization provision, the Supreme Constitutional Court of Egypt has interpreted Shari'a norms to be consistent with international human rights norms and with liberal economic policies. The experience of …

The Character Of Discrimination Law: The Incompatibility Of Rule 404 And Employment Discrimination Suits, Lisa Marshall Manheim

Articles

This Note illustrates how violations of Rule 404 of the Federal Rules of Evidence (which prohibits litigants from relying on certain propensity proofs) occur routinely. It demonstrates that the ineffectiveness of the ban in the context of discrimination suits cannot be blamed on clever lawyers or negligent judges, but rather is a predictable consequence of the dearth of evidence available to discrimination plaintiffs. This Note concludes by arguing that this subtle but problematic incongruity justifies a reform of the Rule.

Holding Intellectual Property, Xuan-Thao Nguyen

Articles

The collapse of WorldCom, Inc., exposed a complex web of accounting irregularities. Within that web, recent filings by Dick Thornburgh, WorldCom's Bankruptcy Court Examiner, reveal a different type of scheme that involves the holding of intellectual property. Further scrutinizing the scheme reveals that WorldCom and its tax advisors, KPMG Peat Marwick LLP (KPMG), devised a tax avoidance scheme through the creation of an intellectual property holding company (IP holding company). This type of scheme has been widely and quietly utilized in the last twenty years by many corporations with substantial intellectual property.

Indeed, as state taxing authorities have become more …

Judicial Regrets And The Case Of The Cushman Dam, William H. Rodgers, Jr.

Articles

This essay is a criticism of the Ninth Circuit's en banc decision in Skokomish Indian Tribe v. United States [401 F.3d 979 (9th Cir. 2005]. It finds particular fault with the court's understanding of Indian treaty rights as "something given," and its outlandish conclusion that fishing was not a "primary purpose" of the Stevens treaties.

The article further criticizes the court's treatment of the "continuing nuisance" doctrine that is applied to afford a statute of limitations defense to enterprises that did lasting environmental damage by diverting the entire North Fork of the Skokomish River out of the watershed.

It concludes …

Memory And Pluralism On A Property Law Frontier, The Contested Landscape Of New Mexico's Costilla Valley, Gregory A. Hicks

Articles

This article describes the decades-long dispute between Hispano settlers of the Costilla Valley in northern New Mexico's Sangre de Cristo Land Grant and the succession of entrepreneurial owners of the grant during the late nineteenth and early twentieth centuries. Through the U.S. Freehold Land and Emigration Company and its successors, the new Dutch and American owners sought to replace patterns of land and resource use developed during the Mexican period with patterns of use intended to support Anglo colonial settlement and intense development of the region's natural resources. The Dutch and American owners faced continuing resistance from the area's Hispano …

General Public License 3.0: Hacking The Free Software Movement's Constitution, Robert W. Gomulkiewicz

Articles

The General Public License (GPL) enshrines a software hacker’s freedom to use code in important ways. Hackers often refer to the GPL as the free software movement’s “constitution.” Richard Stallman, founder of the Free Software Foundation (FSF) wrote the most recent version of the GPL, version 2.0, back in 1991. For a constitution, a fourteen-year-old document is young, but for a license, it is quite old. The revision process is finally underway, led by Stallman and Eben Moglen, FSF’s general counsel.

The release of GPL version 3.0 will be momentous for many reasons, but one reason stands out: The GPL …

Reforming The Criminal Rap Sheet: Federal Timidity And The Traditional State Functions Doctrine, Mary De Ming Fan

Articles

For decades, criminal justice officials have based key decisions about a defendant's fate and crime deterrence on a tool deplored by practitioners for its indecipherability and potential for inaccuracy or incompleteness—the rap sheet. Though the Supreme Court's criminal rights evolution progressed late last year to requiring rigor in documenting penalty maximum-enhancing prior convictions, the problem of the rap sheet has received little notice from jurists and scholars because the rap sheet plays its central role in discretionary decision-making areas shielded from scrutiny.[para] The rap sheet is not just a practitioner's problem. The flawing of the rap sheet is a parable …

Sports Medicine Conflicts: Team Physicians Vs. Athlete-Patients, Steve P. Calandrillo

Articles

Team physicians for professional sports franchises face a conflict of interest created by the competing loyalties they owe to the team that employs them and to the athlete-patient they must treat. Marketing agreements under which physicians pay significant sums of money to be designated as the team's "official healthcare provider" exacerbate this conflict. These marketing arrangements call into question the independent judgment of team physicians and cause players to question the quality of care they receive.

This paper explores several solutions to the growing conflicts between athletes and team doctors with the goal of enhancing players' trust in the medical …

Contracting Spyware By Contract, Jane K. Winn

Articles

The question of what constitutes "spyware" is controversial because many programs that are adware in the eyes of their distributors may be perceived as spyware in the eyes of the end user. Many of these programs are loaded on the computers of end users after the end user has agreed to the terms of a license presented in a click-through interface.

This paper analyzes whether it might be possible to reduce the volume of unwanted software loaded on end users' computers by applying contract law doctrine more strictly. Unwanted programs are often bundled with programs that the end user wants, …

The Exxon Valdez Reopener: Natural Resources Damage Settlements And Roads Not Taken, William H. Rodgers, Jr., J.B. Crosetto Iii, C.A. Holley, T.C. Kade, J.H. Kaufman, C.M. Kostelec, K.A. Michael, R.J. Sandberg, J.L. Schorr

Articles

The 1989 Exxon Valdez oil spill caused extensive natural resource damage to the Prince William Sound. Lawsuits addressing this natural resource damage resulted in a settlement that required Exxon to pay $900 million over time to trustees charged with spending this money to restore the damaged environment of the Sound and nearby areas. The settlement included a “Reopener Clause,” which pledges Exxon to spend an additional $100 million to fund restoration or rehabilitation of resources whose injuries were not foreseeable in 1989.

This Article urges the State of Alaska and the United States to seek enforcement of the Reopener Clause, …

Accreditation In Teacher Education: An Analysis Of The Costs And Benefits Associated With Ncate Peer Review, Cindy S. Jacobs

UNF Graduate Theses and Dissertations

The purpose of the present study was to examine the costs incurred and the benefits realized by institutions participating in the NCATE accreditation process and to formulate a cost-benefit model to guide teacher training institutions who are assessing the value of peerreview by NCATE. The study utilized quantitative methodology with a descriptive research design. The study featured researcher-designed questionnaires: Accreditation Cost-Benefit Analysis Scale for faculty (ACBAS) and the Costs Inventory Analysis (CIA) for administrators and was administered to a purposive sample of faculty and administrators at 54 colleges of education that had participated in the NCATE accreditation process and sitevisit …

Munchausen Syndrome By Proxy : Gender, Sexism, And Just World Beliefs As Predictors Of Juror Decisions, Dawn R. Hurst

UNF Graduate Theses and Dissertations

Mock jurors (N = 200) read descriptions of a mock civil case involving an adult survivor of Munchausen Syndrome by Proxy who is suing his/her abuser for monetary/psychological damages. Jurors individually decided perceived percent of responsibility of defendant, award to plaintiff pre- and post-group deliberations, and as a mock jury, in groups of 5 to 10. Jurors and juries assigned greater percent of culpability to female defendants than male defendants. Individual jurors awarded more n1oney to plaintiffs abused by female defendants than male defendants. Low Modem Sexism Scale (MSS) scorers attributed greater percentage of responsibility to defendants and awarded plaintiff …

Title Page, South Dakota Law Review

South Dakota Law Review

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Table Of Contents, South Dakota Law Review

South Dakota Law Review

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Permanent Public Access To Electronic Government Documents: South Dakota's Response To A National Dilemma, Candice Spurlin

South Dakota Law Review

No abstract provided.

Controlling The Executive's Power To Detain Aliens Offshore: What Process Is Due The Guantanamo Prisoners, Daryl L. Hecht

South Dakota Law Review

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Masthead, South Dakota Law Review

South Dakota Law Review

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University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

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A Tribute To Fifty Years, South Dakota Law Review

South Dakota Law Review

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Dedication To Charles Rick Johnson, South Dakota Law Review, Mike Abourezk, Hon. Donald J. Bormann, Andrew W. Bogue, Greg Eiesland, Wally Eklund, David R. Gienapp, Judith R. Meierhenry, Michael Myers, Lawrence L. Piersol, Richard W. Sabers, Gary J. Pashby, David R. Vrooman

South Dakota Law Review

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Phen V. Progressive Northern Insurance Company: The South Dakota Supreme Court Upholds An Exception To South Dakota's General Prohibition Of Stacking Uninsured Or Underinsured Motorist Coverage, Nathan L. Buller

South Dakota Law Review

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Making Sense Of Family Limited Partnership Law After Strangi And Stone: A Better Approach To Planning And Litigation Through The Bona Fide Transaction Exception, Bradford Updike

South Dakota Law Review

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The Fiery Cross: Virginia V. Black, History, And The First Amendment, Eric John Nies

South Dakota Law Review

No abstract provided.

Doe V. Nelson: The Wrongful Assumption Of Gubernatorial Plenary Authority Over The Pardoning Process, Eric R. Johnson

South Dakota Law Review

No abstract provided.

Table Of Contents, South Dakota Law Review

South Dakota Law Review

No abstract provided.

University And Law School Personnel, South Dakota Law Review

South Dakota Law Review

No abstract provided.

Pierre Pressure: Legislative Elections, The State Constitution, And The Supreme Court Of South Dakota, Ronald A. Parsons Jr.

South Dakota Law Review

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State V. Schroeder: South Dakota Performs Legal Alchemy And Transmutes Use Into Possession, John Thomas Richter

South Dakota Law Review

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A Shooting Range At Bear Butte: Reconciliation Or Racism, James D. Leach

South Dakota Law Review

No abstract provided.