Law Commons^™

Mom & Pop V. Dot-Com: A Disparity In Taxation Based On How You Shop?, Jaime Klima

Duke Law & Technology Review

With the extension of the Internet Tax Freedom Act, concern has resurfaced over whether and when shoppers will be forced to pay state sales taxes on purchases made over the Internet. In fact, consumers should be paying sales tax on all Internet purchases, though few actually do. This iBrief explores the current law on taxation of e-commerce purchases and argues that small modifications by state tax administrators will align the tax treatment of mom & pop stores and e-retailers.

Patentable Subject [Anti]Matter, Kristoffer Leftwich

Duke Law & Technology Review

The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.

Trends. The Paradise Hotel Bombing: Trouble In Judicial Paradise, Ibpp Editor

International Bulletin of Political Psychology

This article discussed the bombing of the Kenyan Hotel Paradise in November 2002, and the detention of suspects.

Defining A New Ethical Standard For Human In Vitro Embryos In The Context Of Stem Cell Research, Sina A. Muscati

Duke Law & Technology Review

This iBrief discusses some of the social, ethical and legal considerations surrounding the use of unimplanted, in vitro embryos in stem cell research. It proposes that a new ethical standard be elucidated for these embryos. The iBrief gives an overview of two proposals for such a standard at opposite ends of the spectrum: treating the in vitro embryo as a legal person versus treating it as mere property. It argues against both approaches. The former can have undesirable social implications including undue interference with female reproductive autonomy, while the latter would objectify potential human life and reproductive potential. The iBrief …

Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh

Duke Law & Technology Review

[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.

White-Collar Crime In Brazil: Legislation, Court Decisions, And The Opinion Of Legal Writers, Peter Walter Ashton

William & Mary Bill of Rights Journal

No abstract provided.

Theatrical Investigation: White-Collar Crime, Undercover Operations, And Privacy, Bernard W. Bell

William & Mary Bill of Rights Journal

No abstract provided.

Can The "Public Interest" Justify Non-Consensual Searches Of Homes In Bankruptcy Cases?, A. Mechele Dickerson

William & Mary Bill of Rights Journal

No abstract provided.

Editor's Note, Deborah J. Salons

Federal Communications Law Journal

No abstract provided.

The Regulation Of Interactive Television In The United States And The European Union, Hernan Galperin, Francois Bar

Federal Communications Law Journal

The broadcasting industry is rapidly entering the era of digitization, distributed intelligence, and interactivity. The case of interactive television offers an opportunity to investigate how desirable policy goals should be implemented in the post-convergence environment. This Article first reviews the evolution of the broadcasting industry through three successive models: the traditional "Fordist" television model, the current multichannel television model, and the emerging ITV model. Second, it characterizes the basic components of ITV and explores the concerns raised by the evolution of multichannel video programming distributors into ITV platform operators. Next, the Article reviews how regulators in the United States and …

The U.S. Supreme Court Addresses The Child Pornography Prevention Act And Child Online Protection Act In Ashcroft V. Free Speech Coalition And Ashcroft V. American Civil Liberties Union, Sue Ann Mota

Federal Communications Law Journal

Both the Child Pornography Prevention Act ("CPPA") and the Child Online Protection Act ("COPA") were intended by Congress to protect minors. The CPPA was intended to protect minors from the harmful effects of virtual child pornography. The COPA was intended to protect minors from pornography currently available commercially on the World Wide Web. However, in 2002, the U.S. Supreme Court addressed the constitutionality of both statutes: The Court struck down sections of the CPPA as overbroad and unconstitutional in Ashcroft v. Free Speech Coalition. In Ashcroft v. ACLU, the Court upheld some sections of COPA as not unconstitutionally overbroad, but …

Making And Keeping Regulatory Promises, Warren G. Lavey

Federal Communications Law Journal

Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. In this Article, Warren G. Lavey argues that, under some conditions, it is both possible and beneficial for regulators to commit to a well-defined, multiyear sequence of regulatory changes. First, this Article examines several examples of how efforts for comprehensive reform fared in real multiyear implementations. It also explores how some piecemeal regulatory changes evolved into efforts for comprehensive reform based on a well-defined sequence. This Article considers the effects of multiyear regulatory promises through analysis of several regulatory actions …

Masthead Vol.55 No.1 (2002)

Federal Communications Law Journal

No abstract provided.

What’S In A Name?, Jonathan Zittrain

Federal Communications Law Journal

Book Review: Ruling the Root, Milton L. Mueller, Cambridge, Mass.: MIT Press, 2002, 301 pages.

A review of Milton L. Mueller's Ruling the Root, The MIT Press, 2002. In the spring of 1998, the U.S. government told the Internet: Govern yourself. This unfocused order-a blandishment, really, expressed as an awkward "statement of policy" by the Department of Commerce, carrying no direct force of law-came about because the management of obscure but critical centralized Internet functions was at a political crossroads. In Ruling the Root, Mueller thoroughly documents the colorful history both before and after this moment of inflection, and gives …

Inadvertent Disclosure, The Attorney-Client Privilege, And Legal Ethics: An Examination And Suggestion For Alaska, Joshua K. Simko

Alaska Law Review

No abstract provided.

The Sign Said, "Beware Of Duffers" - The Liability Of Golf Course Operators For Failing To Post Warning Signs, Michael Flynn

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Hit Somebody: Hockey Violence, Economics, The Law, And The Twist And Mcsorley Decisions, J C.H. Jones, Kenneth G. Stewart

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Girls In Sports: Love Of The Game Must Begin At An Early Age To Achieve Equality, Lynne Tatum

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Torts - Feres Doctrine - United States Courts Of Appeals Consistently Hold That Members Of The Armed Forces Are Barred From Bringing Suits Against The Government When Service Members Are Injured Incident To Military Sponsored Sports And Recreational Activities: Costo V. United States Of America, 248 F.3d 863 (9th Cir. 2001) Cert. Denied Without Comment, 2002 U.S. Lexis 223 (2002)., Mark G. Maser

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Sport Administrator's Charter: Agar V. Hyde, Hayden Opie

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Walking Through The New Jersey Equine Activity Statute: A Look At Judicial Statutory Interpretation In Jurisdictions With Similar Limited Liability Laws, Loren Speziale

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

New Jersey Joins The Majority Of Jurisdictions In Holding Recreational Sports Co-Participants To A Recklessness Standard Of Care, Carla N. Palumbo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 12, No. 2 2002

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Prior Restraints And Intellectual Property: The Clash Between Intellectual Property And The First Amendment From An Economic Perspective, Andrew Beckerman-Rodau

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Digital Millennium Copyright Act: Preserving The Traditional Copyright Balance, Christine Jeanneret

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Battle Of The Music Industry: The Distribution Of Audio And Video Works Via The Internet, Music And More, David Balaban

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Sterne And Borges To Lost Storytellers: Cyberspace, Narrative, And Law, Shulamit Almog

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.