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Articles 2161 - 2190 of 8035
Full-Text Articles in Law
Unpacking The Force Of Law, Kristin E. Hickman
Unpacking The Force Of Law, Kristin E. Hickman
Vanderbilt Law Review
In its 2011 decision in Mayo Foundation for Education and Research v. United States,' the Supreme Court rejected tax exceptionalism, holding that the general administrative law standards articulated in United States v. Mead Corp. and Chevron USA Inc. v. Natural Resources Defense Council, Inc. govern judicial review of U.S. Department of the Treasury ("Treasury") regulations. In so doing, the Court admonished, "[W]e are not inclined to carve out an approach to administrative review good for tax law only." A few months later, the D.C. Circuit, sitting en banc in Cohen v. United States, reinforced the policy of administrative law uniformity …
The Presumption Of Patentability, Sean B. Seymore
The Presumption Of Patentability, Sean B. Seymore
Vanderbilt Law School Faculty Publications
When the Framers of the United States Constitution granted Congress the authority to create a patent system, they certainty did not envision a patent as an a priori entitlement. As it stands now, anyone who files a patent application on anything is entitled to a presumption of patentability. A patent examiner who seeks to challenge patentability faces the dual burden of building a prima facie case of unpatentability and carrying the ultimate burden of proof. Thus, from the outset, an applicant is in a very good position; but the examiner’s limited resources, time pressures, and production goals tip the scales …
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Climate Change Meets The Law Of The Horse, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
The climate change policy debate has only recently turned its full attention to adaptation - how to address the impacts of climate change we have already begun to experience and that will likely increase over time. Legal scholars have in turn begun to explore how the many different fields of law will and should respond. During this nascent period, one overarching question has gone unexamined: how will the legal system as a whole organize around climate change adaptation? Will a new distinct field of climate change adaptation law and policy emerge, or will legal institutions simply work away at the …
Severe Or Pervasive: An Analysis Of Who, What, And Where Matters When Determining Sexual Harassment, V. Blair Druhan
Severe Or Pervasive: An Analysis Of Who, What, And Where Matters When Determining Sexual Harassment, V. Blair Druhan
Vanderbilt Law Review
In the middle of Herman Cain's campaign for the 2012 U.S. Republican Party presidential nomination, multiple women who were once Cain's coworkers came forward with allegations of sexual harassment. Cain immediately deemed the allegations "totally baseless and totally false."' However, after continued questioning about whether his previous actions were inappropriate, Cain responded, "In my opinion no, but as you would imagine, it's in the eye of the person who thinks that maybe I crossed the line." Unfortunately, Cain's vague and evasive response is evocative of current sexual harassment law, which generally lacks clarity and is often dependent on individual perceptions. …
Does Agency Funding Affect Decisionmaking?: An Empirical Assessment Of The Pto, Michael D. Frakes, Melissa F. Wasserman
Does Agency Funding Affect Decisionmaking?: An Empirical Assessment Of The Pto, Michael D. Frakes, Melissa F. Wasserman
Vanderbilt Law Review
This Article undertakes the first attempt to causally investigate the influence of funding on the United States Patent and Trademark Office's ("PTO") decisionmaking. More specifically, this Article studies the influence of the PTO's budgetary structure on the most important decision made by the Agency: whether or not to grant a patent. It begins by setting forth a theoretical model predicting that certain elements of the PTO's fee schedule, such as issuance and maintenance fees, which are only collected in the event that patents issue, create incentives for the PTO to grant additional patents. Using a rich database of previously unavailable …
Jurisdictional Imputation In Daimlerchrysler Ag V. Bauman: A Bridge Too Far, Linda J. Silberman
Jurisdictional Imputation In Daimlerchrysler Ag V. Bauman: A Bridge Too Far, Linda J. Silberman
Vanderbilt Law Review En Banc
No abstract provided.
Why The Supreme Court Should Give The Easy Answer To An Easy Question: A Response To Professors Childress, Neuborne, Sherry And Silberman, Howard M. Erichson
Why The Supreme Court Should Give The Easy Answer To An Easy Question: A Response To Professors Childress, Neuborne, Sherry And Silberman, Howard M. Erichson
Vanderbilt Law Review En Banc
No abstract provided.
The Home-State Test For General Personal Jurisdiction, Howard M. Erichson
The Home-State Test For General Personal Jurisdiction, Howard M. Erichson
Vanderbilt Law Review En Banc
No abstract provided.
A Brief Response To My Colleagues On Bauman, Burt Neuborne
A Brief Response To My Colleagues On Bauman, Burt Neuborne
Vanderbilt Law Review En Banc
No abstract provided.
General Jurisdiction After Bauman, Donald Earl Childress Iii
General Jurisdiction After Bauman, Donald Earl Childress Iii
Vanderbilt Law Review En Banc
No abstract provided.
General Jurisdiction, Corporate Separateness, And The Rule Of Law, Burt Neuborne
General Jurisdiction, Corporate Separateness, And The Rule Of Law, Burt Neuborne
Vanderbilt Law Review En Banc
No abstract provided.
User-Friendly Licensing For A User-Generated World: The Future Of The Video-Content Market, Joanna E. Collins
User-Friendly Licensing For A User-Generated World: The Future Of The Video-Content Market, Joanna E. Collins
Vanderbilt Journal of Entertainment & Technology Law
A picture may say a thousand words, but in today's artistic culture, video is the true king. User-generated remix and mashup videos have become a central way for people to communicate their ideas, to be a part of popular culture, and to bring life to their own artistic visions. Digital technology and the rise of user-generated Internet platforms have enabled professionals and amateurs alike to participate in the creation of web videos, which often incorporate popular content. But this has led to a growing tension between amateur sampling artists and copyright rightsholders. The current video-content-licensing scheme requires individually negotiated contracts …
Taming The Golden Goose: Private Companies, Consumer Geolocation Data, And The Need For A Class Action Regime For Privacy Protection, Timothy J. Van Hal
Taming The Golden Goose: Private Companies, Consumer Geolocation Data, And The Need For A Class Action Regime For Privacy Protection, Timothy J. Van Hal
Vanderbilt Journal of Entertainment & Technology Law
With the implementation of new geolocation technologies, the boundaries between private versus commercial and secret versus easily ascertainable have vanished. Consumer information that was once very difficult and prohibitively expensive to ascertain, catalogue, and recall is available to companies at the click of a button. Not only that, but the collecting company can share consumer information with other companies even more easily than it can initially collect the information. Today, with the widespread use of smartphone and location-enabled tablet devices, it is possible for location services to determine and plot the location and travel of the device and thereby the …
Performance Royalties For Sound Recordings On Terrestrial Radio: A Private Solution To A Public Problem, J. P. Urban
Performance Royalties For Sound Recordings On Terrestrial Radio: A Private Solution To A Public Problem, J. P. Urban
Vanderbilt Journal of Entertainment & Technology Law
US copyright law provides for a digital performance right in sound recordings but does not provide for a performance right in sound recordings when broadcast over terrestrial radio. Proponents of this asymmetry posit that the difference relates to the promotional value of terrestrial radio to record labels, but this rationale has eroded in recent years. The recording industry experienced a drastic decline at the turn of the millennium, and record labels have attempted many creative approaches to bridging the profit gap. Major labels and radio conglomerates of late have begun negotiating private contracts that effectively extend the benefits of a …
General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii
General Jurisdiction And The Transnational Law Market, Donald Earl Childress Iii
Vanderbilt Law Review En Banc
No abstract provided.
The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest, Samuel J.H. Beutler
The New World Of Mobile Communication: Redefining The Scope Of Warrantless Cell Phone Searches Incident To Arrest, Samuel J.H. Beutler
Vanderbilt Journal of Entertainment & Technology Law
In many jurisdictions, law enforcement officials may conduct a warrantless search of the contents of an arrestee's cell phone incident to an arrest. The judicial precedent for this policy dates back to the early 1990s when courts equated early mobile technology, such as pagers and first generation cell phones, to physical containers capable of storing a limited number of calls or messages. Supreme Court precedent had long permitted the warrantless search of such containers incident to arrest. However, due to advancements in technology, mobile devices, such as smart phones, now have the capacity to hold a larger amount of personal …
Don't Answer That! Why (And How) The Supreme Court Should Duck The Issue In Daimlerchrysler V. Bauman, Suzanna Sherry
Don't Answer That! Why (And How) The Supreme Court Should Duck The Issue In Daimlerchrysler V. Bauman, Suzanna Sherry
Vanderbilt Law Review En Banc
No abstract provided.
Tips For Capturing 2014 Federal Court Clerkships, Carl Tobias
Tips For Capturing 2014 Federal Court Clerkships, Carl Tobias
Vanderbilt Law Review En Banc
No abstract provided.
Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz
Keep It Light, Chairman White: Sec Rulemaking Under The Crowdfund Act, Andrew A. Schwartz
Vanderbilt Law Review En Banc
No abstract provided.
Making Crowdfunding Credible, Douglas S. Ellenoff
Making Crowdfunding Credible, Douglas S. Ellenoff
Vanderbilt Law Review En Banc
No abstract provided.
Injury In Fiction, Ryan H. Nelson
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Revisiting The Meaning Of Marriage: Immigration For Same-Sex Spouses In A Post-Windsor World, Scott Titshaw
Vanderbilt Law Review En Banc
No abstract provided.
Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William R. Corbett
Calling On Congress: Take A Page From Parliament's Playbook And Fix Employment Discrimination Law, William R. Corbett
Vanderbilt Law Review En Banc
No abstract provided.
The Ownership-Usage Dichotomy And The Human Element In Newman's Freeconomy, Damon C. Andrews
The Ownership-Usage Dichotomy And The Human Element In Newman's Freeconomy, Damon C. Andrews
Vanderbilt Law Review En Banc
No abstract provided.
Some Reactions To The Daimlerchrysler V. Bauman Roundtable, Linda J. Silberman
Some Reactions To The Daimlerchrysler V. Bauman Roundtable, Linda J. Silberman
Vanderbilt Law Review En Banc
No abstract provided.
Res Ipsa Loquitur (Or Why The Other Essays Prove My Point), Suzanna Sherry
Res Ipsa Loquitur (Or Why The Other Essays Prove My Point), Suzanna Sherry
Vanderbilt Law Review En Banc
No abstract provided.
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Vanderbilt Journal of Entertainment & Technology Law
The Copyright Act limits statutory damages in a copyright action to one award for every work that a plaintiff can prove a defendant infringed. The maximum amount a plaintiff may recover for each work is $30,000, except in the case of willful infringement, for which that amount may be increased to a maximum of $150,000. This Note explains how this dual limitation in the Copyright Act--the one-award-per-work limitation and the cap on statutory damage amounts--allows infringers to manipulate court procedures and corporate structure so that their acts of copyright infringement may maintain profitability despite the imposition of maximum statutory damages. …
Free Agents: Should Crowdsourcing Lead To Agency Liability For Firms?, Erin R. Frankrone
Free Agents: Should Crowdsourcing Lead To Agency Liability For Firms?, Erin R. Frankrone
Vanderbilt Journal of Entertainment & Technology Law
Crowdsourcing has emerged as a new production paradigm through which firms outsource traditional employee tasks to an undefined and generally large network of people, the "crowd," in the form of an open call. The relationships between the crowd and the firm vary across different crowdsourcing models and do not represent, either in fact or in theory, the employment or contractor relationships with which the law is familiar. Therefore, the law and the courts are ill-equipped to answer the questions of whether and how liability should attach to firms for the crowd's harmful conduct toward third parties. Agency law is the …
Sexual Privacy In The Internet Age: How Substantive Due Process Protects Online Obscenity, Jennifer M. Kinsley
Sexual Privacy In The Internet Age: How Substantive Due Process Protects Online Obscenity, Jennifer M. Kinsley
Vanderbilt Journal of Entertainment & Technology Law
Obscenity is one of the narrow categories of speech that has historically lacked First Amendment free-speech protection, and courts and scholars alike have wrestled with the indefinable and often unworkable nature of the obscenity test. The advent of the Internet has both intensified and yet potentially resolved these problems. Recent Supreme Court cases, such as Lawrence v. Texas, suggest that sexually explicit expression that falls outside the scope of the First Amendment may nevertheless be entitled to privacy protection under Fourteenth Amendment substantive due process. Yet Lawrence's potential applicability to online obscenity has created tension in lower-court decisions and produced …
Covering The Spread: An Assessment Of Amateurism And Vulnerability Of Student-Athletes In An Emerging Culture Of Sports Wagering, Caitlin D. Buckstaff
Covering The Spread: An Assessment Of Amateurism And Vulnerability Of Student-Athletes In An Emerging Culture Of Sports Wagering, Caitlin D. Buckstaff
Vanderbilt Journal of Entertainment & Technology Law
Sports gambling is an extremely lucrative, but scrutinized, industry. Athletic organizations contend that any form of sports wagering adversely affects players, teams, and spectators. They argue that intermingling gambling with sports turns spectators into skeptics and taints honest and fair competition. Congress enacted legislation limiting the scope of permissible sports wagering, but this legislation is under attack by many states advocating its repeal. The expansion of legalized sports wagering poses a threat, particularly on collegiate athletics. By definition, college athletes are amateurs. The definition of amateurism forms the foundation for the regulations governing intercollegiate competition. But, this status coupled with …