Digital Commons Network^™

William Pincus: A Life In Service – Government, Philanthropy And Legal Education, J.P. "Sandy" Ogilvy

Scholarly Articles

This article memorializes the life and accomplishments of William “Bill” Pincus. The article brings the reader through Mr. Pincus’s career accomplishments, from his humble beginnings in New York City, to his impressive career in civil service, culminating in his work with the Ford Foundation and the Council on Legal Education for Professional Responsibility (CLEPR), where he spearheaded reforms in legal education. Mr. Pincus’s efforts were critical in establishing clinical legal education, drawing from his experiences both in law and government. Much of this article is derived from interviews of Mr. Pincus, conducted by the author, and provides an unprecedented insight …

From The New Deal To The New Healthcare: A New Deal Perspective On King V. Burwell And The Crusade Against The Affordable Care Act, Sarah Helene Duggin

Scholarly Articles

Americans describe the new healthcare system established by the Patient Protection and Affordable Care Act (“ACA”) as both a blessing and a nightmare. For millions of low and middle income Americans, the ACA offers access to health insurance they could not otherwise afford. The ACA’s opponents, however, view the new healthcare system as a threat to economic prosperity, an intrusion on personal liberty and a violation of the principles of federalism at the heart of our system of government. These same kinds of arguments were made more than eighty years ago in response to President Franklin Delano Roosevelt’s New Deal. …

The Subsidy Question In King V. Burwell, Antonio F. Perez

Scholarly Articles

On the surface, King v. Burwell appears to be a simple case about statutory interpretation. In the Affordable Care Act (widely known as Obamacare), when Congress referred to the “State,” in the provision triggering federal subsidies to insurance consumers for purchases made from federally-authorized insurance providers selling federally-authorized insurance products, should the “State” be understood to refer to the federal market (i.e., exchanges) as well as “State” markets. Simple tools of statutory construction–namely, that Congress knew full well how to refer to a “federal” exchange and failed to do so–would seem to be sufficient to supply a result. It would …

Who's The Vandal? The Recent Controversy Over The Destruction Of 5pointz And How Much Protection Does Moral Rights Law Give To Authorized Aerosol Art?, Susanna Frederick Fischer

Scholarly Articles

This paper considers the extent to which federal moral rights law protects authorized graffiti and aerosol art against destruction, in the context of the controversy over the destruction of 5Pointz. 5Pointz, a sprawling complex of warehouse buildings in Queens, was a Mecca for aerosol art. The buildings’ owners ordered the demolition of 5Pointz after the November 2013 order by New York federal district judge Frederic Block denying the artists a preliminary injunction to stop destruction under the federal moral rights statute, the Visual Artists Rights Act (VARA). This paper argues that Judge Block erred in finding that the transient nature …

Paved With Good Intentions: Unintended Consequences Of Federal Proposals To Integrate Child Support And Parenting Time., Stacy Brustin, Lisa Vollendorf Martin

Scholarly Articles

This Article proceeds in three parts to evaluate the merits of integrating custody and visitation determinations in government-initiated child support proceedings. Part I situates the federal parenting time proposals within the doctrines that shape the scope and allocation of parental rights and responsibilities. This part explores parents’ ability to establish custody, visitation, and child support arrangements, both outside of the court system and within the context of domestic relations proceedings. The section goes on to explore the federal and state child support enforcement structure and recent attempts to change the goal of government involvement from recapturing costs to creating opportunities …

Existential Suffering And Cura Personalis: Dilemmas At The End-Of-Life, George P. Smith Ii

Scholarly Articles

Existential, or non-somatic suffering, is often associated with the management of refractory pain at the end-stage of life. Because of misleading sympathologies, this condition is often either mis-diagnosed or even ignored. When diagnosed as a part of a futile medical condition, this Paper argues that deep, palliative, or terminal sedation be offered to the distressed, dying patient as an efficacious and ethical response to preserving a semblance of human dignity in the dying process. Not only is this option of care humane and compassionate, it is consistent with the ideal of best patient care. The notion of care should not …

Rluipa: Re-Aligning Burdens Of Proof, Clarifying Freedoms, And Re-Defining Responsibilities, George P. Smith Ii, Philip M. Donoho

Scholarly Articles

Into the breach primed by the U.S. Supreme Court’s decision in Employment Division Department of Human Resources v. Smith in 1990, Congress plunged headlong, dragging along with it a judiciary charged with enforcement of a mandate only defined ambiguously. Thus, in 2004 the Religious Land Use and Institutionalized Persons Act (RLUIPA) was passed and heralded as a legislative sum certain — a “clear” articulation of Congress’ balancing of local zoning prerogative with idiosyncratic religious use. It has proved anything but; for, since its passage, the results of litigation have remained resolutely immune to coherent explanation, as the Federal Circuit courts …

Reform In 1215: Magna Carta And The Fourth Lateran Council, Kenneth Pennington

Scholarly Articles

By 1215 King John had lost almost all of his northern continental possessions. The core of the Angevin empire, Normandy, was lost. Anglo-French barons who still held lands in Normandy owed their primary allegiance to King Phillip Augustus, not to King John. The barons and churchmen who remained under his sovereignty chaffed under his rule. It is clear from the document that the barons forced John to sign when they met with John on Runnymede in 15 July 2015, they intended to impose reform on the king. We might sum up their objectives as being the administration of justice and …

The Supreme Digital Divide, Mary Graw Leary

Scholarly Articles

Society has long struggled with the meaning of privacy in a modern world. This struggle is not new. With the advent of modern technology and information sharing, however, the challenges have become more complex. Socially, Americans seek to both protect their private lives, and also to utilize technology to connect with the world. Commercially, industries seek to obtain information from individuals, often without their consent, and sell it to the highest bidder. As technology has advanced, the ability of other individuals, institutions, and governments to encroach upon this privacy has strengthened. Nowhere is this tension between individual privacy rights and …

Bridgefunding: Crowdfunding And The Market For Entrepreneurial Finance, Seth C. Oranburg

Scholarly Articles

Title III of the Jumpstart Our Business Startups Act of 2012 (Regulation Crowdfunding) should encourage entrepreneurship by allowing startups and small businesses to sell stock online. Unfortunately, that law applied Depression-era securities law concepts to peer-to-peer financing in the Internet era; as a result, it implemented Internet-investor protection ineffectively. Using Regulation Crowdfunding requires startups to comply with costly and unnecessary antifraud requirements. Even after making disclosures, registering with a funding portal, and producing audited financial statements, startups still cannot raise enough money via Regulation Crowdfunding to deploy high-growth strategies without needing more funds from professional angel and venture investors.

This …

Rights, Privileges, And The Future Of Marriage Law, Adam J. Macleod

Scholarly Articles

On the eve of its final triumph, has the cause of marriage equality fallen short? This article discusses persistent differences in the incidents that attach to same-sex marriages versus man-woman marriages. It examines these in light of the distinction between fundamental rights and concessions of privilege in marriage law, and in common law constitutionalism generally. That examination suggests that the norms of natural marriage are likely to reassert themselves in positive law, notwithstanding the U.S. Supreme Court's recent marriage jurisprudence. Finally, the article suggests that lawmakers would do well to consider how additional concessions of privilege can best serve the …

Polymorphism In And Humoral Immune Response To Thrombospondin-Related Adhesive Protein Of Plasmodium Vivax (Pvtrap), Rattiporn Kosuwin

Chulalongkorn University Theses and Dissertations (Chula ETD)

Although circumsporozoite (CSP)-derived immunogens could elicit immunity against malarial sporozoites, the subunit vaccines derived from this molecule has limited clinical efficacy in field studies. Meanwhile, experimental co-immunization of CSP with thrombospondin-related adhesive protein (TRAP) could confer complete protection against parasite challenge. Therefore, a more effective pre-erythrocytic vaccine requires incorporation of TRAP. Despite the functional importance of this molecule in gliding motility and host cell invasion of malarial sporozoites, sequence analyses revealed that TRAP of Plasmodium vivax (PvTRAP) was polymorphic among field isolates, an issue that could compromise vaccine efficacy. To further delineate the extent of diversity in PvTRAP, we analyzed …

Salat V. Ebay, United States District Court For The Northern District Of California

Historical and Topical Legal Documents

No abstract provided.

Zenbu Magazines V. Google, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Google V. Hood, United States District Court For The Southern District Of Mississippi

Historical and Topical Legal Documents

PROPOSED MEMORANDUM OF AMICUS CURIAE INTERNATIONAL ANTICOUNTERFEITING COALITION

Sabatino V. Uber, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Lea V. Linkedin, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Sgouros V. Transunion, United States District Court For The Northern District Of Illinois

Historical and Topical Legal Documents

No abstract provided.

Bluegrass Brewing V Cafepress, United States District Court For The Western District Of Kentucky

Historical and Topical Legal Documents

No abstract provided.

Doe V. Backpage.Com, D. Massachusetts

Historical and Topical Legal Documents

No abstract provided.

Doe V. Backpage.Com, D. Massachusetts

Historical and Topical Legal Documents

DEFENDANTS’ REPLY IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6)

Gutierrez V Google, California Superior Court

Historical and Topical Legal Documents

No abstract provided.

Music Group Macao Commercial Offshore Limited V. John Does, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Doe V. Backpage.Com, D. Massachusetts

Historical and Topical Legal Documents

No abstract provided.

O'Connor V. Uber Technologies, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Mary Kay V. Retailmenot, United States District Court For The Northern District Of Texas

Historical and Topical Legal Documents

No abstract provided.

Opperman V. Path, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.

Federal Trade Commission V. Leanspa, United States District Court For The District Of Connecticut

Historical and Topical Legal Documents

No abstract provided.

Small Justice V. Xcentric Ventures, United States District Court For The District Of Massachusetts

Historical and Topical Legal Documents

No abstract provided.

Stubhub V. Ticketmaster, United States District Court For The Northern District Of Californa

Historical and Topical Legal Documents

No abstract provided.