Law Commons^™

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 …

Vol. 1, No. 01 (December 2002)

Indiana Law Update

No abstract provided.

Societas Europaea: Harmonization Or Proliferation Of Corporations Law In The European Union?, J. M. Marychurch

Faculty of Law - Papers (Archive)

A significant development was made recently to the range of corporate forms available to businesses operating in the European Union (EU). A company's incorporation, regulation and dissolution had hitherto been the sole domain of the EU's member states. On 8 October 2001, this changed when Council Regulation (EC) No 2157/ 2001 on the Statute for a European Company (the Regulation) was adopted, making the form of a European company or Societas Europaea (SE) open to some businesses in the EU after the Regulation enters into effect. This article will examine the form and analyse the likely impact the national law …

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

Alaska Law Review

No abstract provided.

Taxation And Risk-Taking With Multiple Tax Rates, David A. Weisbach

Coase-Sandor Working Paper Series in Law and Economics

This paper extends the Domar and Musgrave results concerning the effect of an income tax on risk taking to the case where different tax rates apply to different types of assets. Although the results depend on exactly how the differential tax rates are imposed, as a general matter, an income tax with differential rates can be seen as a tax only on the risk-free rate of return and a fixed ex ante subsidy for purchasing the lower-taxed assets. There are implications for measuring deadweight loss from differential taxation and for spending resources on accurately measuring capital income.

The End Of Bankruptcy, Robert K. Rasmussen, Douglas G. Baird

Coase-Sandor Working Paper Series in Law and Economics

The law of corporate reorganizations is conventionally justified as a way to preserve a firm’s going-concern value: Specialized assets in a particular firm are worth more together in that firm than anywhere else. This paper shows that this notion is mistaken. Its flaw is that it lacks a well-developed understanding of the nature of a firm. Initially, it is easy to confuse size with specialization and overstate the extent to which assets are dedicated to a particular enterprise. Even when such dedicated assets exist, they often do not need to stay in the same firm. As Coase taught us, as …

Animals As Objects, Or Subjects, Of Rights, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

From the earliest times, animals were understood as object of human rights. That result did not depend on some limited understanding of their capabilities for cognition and sensation, but rather rested on the strong sense that without domestication human beings could not secure their own advancement. The modern claims for animal rights cannot therefore be justified by an appeal to some newer and deeper understanding of the subject, but must rest on the claim that what they share with human beings is more important than what separates them. Those common elements do justify some level of animal protection but does …

In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

The traditional forms of public health law were directly largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it effects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could easily authorize those forms of …

Into The Frying Pan: Standing And Privity Under The Telecommunications Act Of 1996 And Beyond, Richard A. Epstein

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Are Police Free To Disregard Miranda?, Steven D. Clymer

Cornell Law Faculty Publications

Rolling Contracts, Robert A. Hillman

Cornell Law Faculty Publications

"Rolling contracts" are one method of presenting standard forms to contracting parties, including consumers, who are the focus of this paper. In a rolling contract, a purchaser orders goods and pays for them before seeing most of the terms, which come later in or on the packaging of the goods. The purchaser can return the goods for a limited time period.

This paper addresses the controversy over whether the new terms are part of the contract and enforceable against the purchaser. Although most analysts focus on when the contract is formed, this paper urges that this analysis yields little fruit. …

Beans, Beans, The Patented Fruit: The Growing International Conflict Over The Ownership Of Life, Erin Donovan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Understanding Prophylactic Remedies Through The Looking Glass Of Bush V. Gore, Tracy A. Thomas

William & Mary Bill of Rights Journal

Using the context of Bush v. Gore as a vehicle for discussion, Professor Thomas examines the use and legitimacy of prophylactic remedies. In this Article, Professor Thomas advances the argument that the broad prophylactic remedy provided by the U.S. Supreme Court in Bush v. Gore may be viewed as contrary to the law of remedies in that it operated to negate, rather than enforce, legal rights. In particular, prophylactic remedies which are untailored and unachievable, as in Bush v. Gore, threaten the legitimacy of prophylaxis. Professor Thomas argues that the use of prophylactic remedies itself is not problematic, but concludes …

The Living Commerce Clause: Federalism In Progressive Political Theory And The Commerce Clause After Lopez And Morrison, Eric R. Claeys

William & Mary Bill of Rights Journal

"Living Constitution " ideas are most often associated with individual-rights guarantees like equal protection and due process, but they were originally developed in the early twentieth century to revolutionize the law of the structural Constitution - including the Commerce Clause. In this Article, Professor Claeys interprets Progressive political theory, which played a crucial role in legitimating the expansion of the national government. As applied to federalism, Progressive living-Constitution theory required that the Commerce Clause be interpreted as a constitutional transmitter letting the national government regulate whatever the American people deem to be a national problem. He suggests that this notion …

The Anti-Monopoly Origins Of The Patent And Copyright Clause, Tyler T. Ochoa, Mark Rose

Faculty Publications

The British experience with patents and copyrights prior to 1787 is instructive as to the context within which the Framers drafted the Patent and Copyright Clause. The 1624 Statute of Monopolies, intended to curb royal abuse of monopoly privileges, restricted patents for new inventions to a specified term of years. The Stationers' Company, a Crown-chartered guild of London booksellers, continued to hold a monopoly on publishing, and to enforce censorship laws, until 1695. During this time, individual titles were treated as perpetual properties held by booksellers. In 1710, however, the Statute of Anne broke up these monopolies by imposing strict …

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.

Editorial Board - Vol. 12, No. 1 2002

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.

Revised Innocent Spouse Rules Offer Greater Tax Relief, Linda M. Johnson, A. Bruce Clements

Faculty Articles

When a married couple files a joint tax return, both spouses become jointly and severally liable for the income taxes due, including any additional taxes, interest, and penalties determined at a later date. In the event of an underpayment of income tax, the IRS can proceed against either spouse to collect the entire tax deficiency. This places a spouse in a precarious position in situations where the other spouse deliberately omits income or overstates deductions on a jointly filed income tax return, even if the spouse is totally unaware of the other's transgressions. Relief from joint and several liability is …

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.

Contracts And Antitrust - Economic Duress And Anti-Competitive Practices - Coercive Tactics Utilized By The National Football League To Prevent Franchise Relocation - V.K.K. Corporation V. National Football League, 244 F.3d 114 (2d Cir. 2001)., Robert J. Ritacco

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.