Law Commons^™

Understanding The Reasons For And Impact Of Legislatively Mandated Benefits For Selected Workers, John Donohue

John Donohue

No abstract provided.

Burdine V. Johnson -- To Sleep, Perchance To Get A New Trial: Presumed Prejudice Arising From Sleeping Counsel, James M. Donovan

James M. Donovan

Few images slice as deeply into our self-image as a fair society than that of a defendant on trial for his very life depending upon the services of an attorney who naps throughout the proceedings. Although this scenario is not new, the courts have yet to resolve definitively how they should respond to a defendant burdened with snoozing counsel. This note discusses the outcome of the latest attempt. UPDATE: While a conscious lawyer is presumably a requirement of due process, some jurisdictions make no similar demand that judges remain awake: see http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2007/273.html

The President's Column, Jane Kent Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

Diversity Issues In Gilbert, Arizona: Effectiveness Of Human Relations Commission For Resolving Human Rights Violations, Penny L. Willrich, Pamela M. Smith

Penny Willrich

In response to unwelcome, unattractive media attention and citizen political pressure, Mayor Cynthia Dunham of Gilbert, Arizona appointed 36 citizens to the Diversity Task Force in September 2000. Its purpose was to make recommendations to the town Council on issues of diversity. The town had been plagued for a number of years with incidents of violence, white supremacist gang intimidations and various other acts of discrimination. The stigma of a prejudiced community led to a negative perception that many wanted to correct. The Task Force recommended the creation of a human relations commission and identified eight critical social issues facing …

An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligmann

Terry Jean Seligmann

A look at the educational, legal and policy critiques of special education legislation within the context of current regular and special education reform proposals; a call for a commitment to an appropriate education for all children.

Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright

Richard W. Wright

Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …

Prosecutorial Ethics: Private Decision Making In The Very Public Practice Of Law, Charles E. Maclean

Charles E. MacLean

No abstract provided.

Taking On Goliath, Anne Bloom

Anne Bloom

No abstract provided.

La Subsidiaria Y La Sucursal En El Mundo Empresarial, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Artist Is A Thief, Matthew Rimmer

Matthew Rimmer

Stephen Gray is a writer and law lecturer who has been living in Darwin since 1989. He started out writing formal legal pieces about how copyright law had unsuccessfully sought to accommodate Aboriginal art. Such work led him to further investigate the philosophical questions underlying the legal issues affecting both traditional and urban Indigenous people. Gray has also explored matters of bioprospecting in relation to Indigenous biological resources. He has investigated the introduction of a label of authenticity into Australia. Gray has also published a number of articles about other legal issues affecting Indigenous people. He has explored such topics …

Cooperación: ¿Puede La Política Impulsar El Desarrollo?, Enrique Barros Bourie

Enrique Barros Bourie

No abstract provided.

Contrato De Distribución Comercial: La Cuestión Indemnizatoria Por Ruptura Intempestiva, Carlos Molina Sandoval

Carlos Molina Sandoval

En el presente se analiza un precedente de la Cámara Nacional de Comercio sobre ruptura intempestiva del contrato de distribución comercial. En el marco de esta modalidad contractual, José Morandeira S.A. demandó a Nobleza Piccardo S.A. por los daños y perjuicios que la rescisión (unilateral, injustificada e intempestiva) del contrato de distribución de cigarrillos que los vinculaba le causó.

''Of'' With Their Heads: Concision, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

La Bioética En Las Constituciones Del Mundo (Máxima Protección Al Ser Humano Que Deberá Ofrecer La Constitución Política Del Perú, Enrique Varsi

Enrique Varsi Rospigliosi

No abstract provided.

El Dominio Del Mercado Y Su Regulación Jurídica, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Apuntes Sobre La Teoría Tridimensional Del Derecho Y Su Aplicación Práctica, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

Purveyance And Power Or Over-Priced Free Lunch: The Intellectual Property Clause As An Ally Of The Takings Clause In The Public’S Control Of Government, Malla Pollack

Malla Pollack

Government can bypass citizen control if it can use revenue not publicly scrutinized through the public taxing/spending system. One method of bypass is paying with non-monetary compensation such as (i) property, or (ii) the right to charge others for some necessary good or service, intangible property. The Takings/Just Compensation Clause of the Fifth Amendment is one authority controlling government's ability to bypass financial scrutiny. In this article, I argue that the Intellectual Property Clause also should be used to control some governmental bypass. I attempt to justify this suggestion both theoretically and historically. The historical material included focuses on English …

Campaign Of Sabotage: Big Government's War Against Public Transportation , Michael E Lewyn

Michael E Lewyn

This article discusses a variety of state, federal and local policies which have reduced transit ridership, such as unfunded mandates, anti-transit zoning policies, and highway funding policies that shifted development to areas with minimal or nonexistent transit service.

The Impact Of Race On Policing And Arrests, John Donohue, Steven Levitt

John Donohue

No abstract provided.

Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty

Jay Dougherty

Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.

Bruce J. Ennis: A Remembrance, Donald N. Bersoff

Donald N. Bersoff

No abstract provided.

Collective Management Of Copyright And Neighbouring Rights In Canada: An International Perspective, Daniel J. Gervais

Daniel J Gervais

This document, prepared in 2001, surveys Canadian collectives, compares the Canadian situation to the situation in a number of other countries, including the United States, and proposes three changes to Canadian legislation, including the introduction of extended collective licensing.

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

Margit Livingston

Getting To Yes: Affirmative Writing, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

The Internet Opens Its Doors For .Biz-Ness, Corey A. Ciocchetti

Corey A Ciocchetti

Starting on October 1, 2001, .BIZ will become active as the Internet's newest top-level domain; its space reserved solely for businesses engaging in "bona fide" commercial activities. This space has the potential to reinvigorate, at least partly, the immense economic potential of the Internet by stimulating a multitude of e-commerce transactions so common only a few years ago. This iBreif explores the history of how and why this new top-level domain came into being. Following this history lies a discussion of the current .BIZ registration process as well as an analysis of the corresponding Intellectual Property Claims system.

The Treaty Of Waitangi In Legislation, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

Whether and how the Treaty of Waitangi should be referred to in legislation are current questions that arise every time a new piece of legislation is developed. These questions provoke visceral political reactions from all sides of the political spectrum. The answers matter.I argue that it is important to consider the purpose of referring to the Treaty in legislation. The symbolic value of referring to the Treaty of Waitangi in legislation should not be underestimated as a purpose. This purpose may be satisfied by a general reference to the Treaty as contained in a variety of current statutes. But achieving …

Field Of Deans, Richard Gershon

Richard Gershon

No abstract provided.

Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper

Christopher C. Cooper Dr.

Mediation in Black & White: Unequal Distribution of Empowerment by Police. On calls-for-service involving an interpersonal disputes, patrol Police officers either arbitrate the matter (e.g., authoritarian directives or arrest) or empower disputing parties to reach a collective resolutiuon; however whether the latter is availabe to disputing parties depends on their race.

Baby Steps Or One Fell Swoop?: The Incremental Extension Of Rights Is Not A Defensible Strategy, James M. Donovan

James M. Donovan

The problem of incrementalism emerges from the common practice of limiting certain rights only to groups on certified lists. Section I reviews this problem of the list, and how the failure of lists to include gay men and lesbians profoundly impacts their daily lives. Possible strategic responses to this problem (such as doing nothing, interpreting the current list to include us, eliminating the list altogether, or expanding the list to include us explicitly) are considered in Section II, concluding by focusing on a special kind of gradualism, list incrementalism. List incrementalism occurs when a right is extended to new groups …

Intellectual Property And Domestic Relations: Issues To Consider When There Is An Artist, Author, Inventor, Or Celebrity In The House, Ann Bartow

Ann Bartow

This article articulates some of the special issues raised by intellectual property in the context of family-law-oriented concerns. It also necessarily explores the characteristics and properties of personal intellectual property in a broader sense. What follows is an overview of the special issues and concerns intellectual property might present in the context of divorce, estate planning, or probate. Please keep one important caveat in mind: Intellectual property has become a very dynamic area of the law. Governing federal patent, copyright, and trademark statutes are extensively amended with astounding frequency. Right of publicity and trade secret law are also constantly evolving. …