Law Commons^™

Obscenity And The World Wide Web, John E. Fee

BYU Law Review

No abstract provided.

Domain Tasting Is Taking Over The Internet As A Result Of Icann’S “Add Grace Period”, Christopher Healey

Duke Law & Technology Review

When a domain name is registered, the registrant is given five days to cancel for a full refund. While the purpose of this grace period is to protect those who innocently err in the registration process, speculators have taken advantage of the grace period through a process called "domain tasting." These "domain tasters" register hundreds of thousands of domain names and cancel the vast majority of them within the five-day grace period, keeping only those that may be valuable as placeholder advertising websites or to holders of trademark rights. This iBrief will outline the "domain tasting" process, analyze why it …

The James Frey Scandal: A Million Frivolous Lawsuits, Stacey A. Hyman

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Securitizing Audit Failure Risk: An Alternative To Caps On Damages, Lawrence A. Cunningham

William & Mary Law Review

No abstract provided.

In The Trenches: Searches And The Misunderstood Common-Law History Of Suspicion And Probably Cause, Fabio Arcila Jr.

University of Pennsylvania Journal of Constitutional Law

No abstract provided.

The Choice To Limit Choice: Using Psychiatric Advance Directives To Manage The Effects Of Mental Illness And Support Self-Responsibility, Breanne M. Sheetz

University of Michigan Journal of Law Reform

Psychiatric advance directives are a valuable tool for individuals with mental illnesses. Ulysses directives, in particular, allow individuals to bind themselves to treatment in advance of needing it for the purpose of overcoming illness-induced refusals. This Note evaluates the effectiveness of state advance directive statutes in three areas that are especially important for Ulysses directives: defining competency to execute, activate, and revoke directives; waiving the constitutional right to refuse treatment; and encouraging provider compliance. This Note ultimately advocates for other states to adopt provisions similar to a Washington State statute. The Washington statute authorizes Ulysses directives by allowing advance consent …

The Moral Hazard Problem With Privatization Of Public Enforcement: The Case Of Pharmaceutical Fraud, Dayna Bowen Matthew

University of Michigan Journal of Law Reform

This Article takes a law and economics approach to exploring some of the costs that arise when governments rely on private enforcement to accomplish the goals of public law. The analysis focuses on qui tam enforcement under the Civil False Claims Act, because a remarkable body of empirical data demonstrates the expansive role private qui tam relators are playing in enforcing Medicare and Medicaid fraud and abuse laws. The Article further focuses on the application of these laws to the pharmaceutical industry. This focus is enlightening because the Government, as well as private enforcers, have recently targeted this industry so …

Unlaw, Emily Albrink Hartigan

Buffalo Law Review

No abstract provided.

Editor's Note, Matthew D. Lawless

Federal Communications Law Journal

No abstract provided.

Expansion Of Indecency Regulation: Presented By The Federalist Society's Telecommunications Practice Group, Kevin J. Martin, Adam G. Ciongoli, Robert W. Peters, Roger Pilon, David B. Sentelle

Federal Communications Law Journal

This is a transcript of the November 10, 2005, panel discussion at the National Lawyer's Convention presented by the Federalist Society's Telecommunications Practice Group. The panelists debate and discuss the Federal Communications Commission's ("FCC") regulation of indecent content.

Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley

Federal Communications Law Journal

The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …

In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy

Federal Communications Law Journal

Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …

Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips

Federal Communications Law Journal

Philip Napoli's Media Diversity and Localism: Meaning and Metrics, is a thoughtful and first of its kind compilation of some of the ongoing research and scholarship examining the concepts of diversity and localism underlying the Federal Communications Commission's public interest standard in broadcasting. The collection of essays addresses these fundamental goals from a variety of disciplines beyond the law, including political science, communications policy, sociology, and economics. The essays explore the values associated with these two goals, apply performance metrics to assess existing regulatory policies intended to preserve and promote these goals, and reflect on their meaning in the new …

Masthead Vol.60 No.1 (2007)

Federal Communications Law Journal

No abstract provided.

The Common Law Genius Of The Warren Court, David A. Strauss

William & Mary Law Review

The Warren Court's most important decisions-on school segregation, reapportionment, free speech, and criminal procedure are firmly entrenched in the law. But the idea persists, even among those who are sympathetic to the results that the Warren Court reached, that what the Warren Court was doing was somehow not really law: that the Warren Court "made it up," and that the important Warren Court decisions cannot be justified by reference to conventional legal materials. It is true that the Warren Court's most important decisions cannot be easily justified on the basis of the text of the Constitution or the original understandings. …

Drawing Idea From Expression: Creating A Legal Space For Culturally Appropriated Literary Characters, Jacqueline Lai Chung

William & Mary Law Review

No abstract provided.

Betting On The Wrong Horse: The Detrimental Effect Of Noncompliance In The Internet Gambling Dispute On The General Agreement On Trade In Services (Gats), Kathryn B. Codd

William & Mary Law Review

No abstract provided.

Still Square Pegs In Round Holes? A Look At Ancsa Corporations, Corporate Governance, And Indeterminate Form Or Operation Of Legal Entities, Douglas M. Branson

Alaska Law Review

No abstract provided.

My Place Or Yours: Copyright, Place-Shifting, & The Slingbox: A Legislative Proposal, Jessica L. Talar

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Emergency Federalism: Calling On The States In Perilous Times, Adam M. Giuliano

University of Michigan Journal of Law Reform

The attacks of September 11 prompted a historic debate concerning terrorism and domestic emergency response. This ongoing dialogue has driven policy decisions touching upon both liberty and security concerns. Yet despite the enormous effort that has gone into the national response, the role of the sovereign states, and with it federalism, has received comparatively little attention. This Article explores the relevance of federalism within the context of the "War on Terror" and in the aftermath of Hurricane Katrina. Acknowledging that theories of federalism developed elsewhere are insufficient, he outlines a doctrine of 'emergency federalism.' The author argues that the Framers …

Open Markets, Competitive Democracy, And Transparent And Reliable Legal Systems: The Three Legs Of Development, James R. Jones

Chicago-Kent Law Review

In the 1990s, reform swept through Latin America. Open markets replaced closed economies. Real democracy replaced one-party rule and rigged elections. For about half of the region's population, economic and political conditions improved—yet the gap between the rich and poor widened. The poor half received little or no tangible benefits from these economic and democratic reforms. This article argues that the most difficult and probably most important reform remains to be accomplished: the reform of the legal and regulatory systems throughout Latin America. Until that happens, dreams of first-world recognition and respectability will elude Latin nations.

Industrial And Competition Policies In Mexico, Eduardo Perez Motta

Chicago-Kent Law Review

Until the 1980s, the Mexican economy was closed and strongly directed and controlled by the central government. However, starting with the second half of this decade and continuing into the 1990s, a marked change in industrial policy sought to create conditions that would open the economy and foster competition and economic efficiency. This process was undertaken by implementing a first generation of reforms, which included policies designed to attain macroeconomic stability, trade openness, and a modernization of the regulatory framework. A second generation of reforms included the application of horizontal instruments, like standardization and metrology; the passing of new laws, …

Commentary: The Trajectory Of Complex Business Contracting In Latin America, Claire A. Hill

Chicago-Kent Law Review

Latin American contract documentation used to be quite short, as is typical in civil law countries. Increasingly, it resembles U.S. contract documentation: long, detailed, and full of boilerplate. This commentary discusses this development, and considers what effect it will have on contracting practice in Latin America; it also considers some broader implications of international convergence in contracting practices.

I argue that the explanation can't be that U.S. contracting practices are superior. That explanation doesn't even work in the U.S., where parties and institutions are geared up to use U.S. practices and documentation. Indeed, most of the virtues of U.S.-style contracting …

Uncertainty And Loss In The Free Speech Rights Of Public Employees Under Garcetti V. Ceballos, Sarah F. Suma

Chicago-Kent Law Review

Resolving a circuit split, the Supreme Court declared in Garcetti v. Ceballos that the First Amendment does not protect speech made pursuant to a public employee's work duties, regardless of whether the speech relates to a matter of public concern or the government's restrictions are justifiable. This article argues that a bright line rule eliminating First Amendment protection for job-duty speech is inconsistent with the theories underlying free speech protection. Further, this article explores practical drawbacks to Garcetti's bright-line rule, including inconsistent judicial determination of the scope of job duties, a disincentive to report government abuse through one's chain-of-command, …

To Disclose Or Not To Disclose: Duty Of Candor Obligations Of The United States And Foreign Patent Offices, Gina M. Bicknell

Chicago-Kent Law Review

Many patent offices around the world have rigorous prior art disclosure requirements. U.S. patent applicants not only must meet each individual country's criteria for disclosure, but also must contend with allegations of inequitable conduct from patent infringers which may render their patents unenforceable. This article argues that the new prior art disclosure rules promulgated by the USPTO unfairly shift the burden of examining patent applications onto patent applicants, and create a situation ripe for allegations of inequitable conduct. This article also examines how other countries handle disclosure obligations, and recommends several alternative systems that would meet the USPTO's objectives of …

Standing Up To Legislative Bullies: Separation Of Powers, State Courts And Educational Rights, Sonja Ralston Elder

Duke Law Journal

The separation of powers doctrine creates a strong presumption in favor of judicial deference to legislative policy determinations. This doctrine was developed for federal courts, however, and does not apply with identical force to state courts enforcing state constitutional rights. This Note examines rationales for the separation of powers doctrine and their potential application to state courts. After concluding that deference should be more limited in state courts, it then applies this conclusion to educational rights, which are frequently at risk due to political market failures. By examining case studies of constitutionally based education litigation in seven states, this Note …

Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho

Federal Communications Law Journal

With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …

Notes Toward A Theory Of The Executive Class, David A. Westbrook

Buffalo Law Review

No abstract provided.

A Fiduciary Duty To Teach Those Who Don't Want To Learn: The Potentially Dangerous Oxymoron Of "College Sports", Richard Salgado

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Homerus Lex: Investigating American Legal Culture Through The Lens Of The Simpsons, Kimberlianne Podlas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.