Law Commons^™

United States V. O'Hagan: The Supreme Court Validates The Misappropriation Theory Of Insider Trading And Rule 14e-3(A), But Does The Court's Decision Help Or Hinder The Quest For Guiding Principles, Benjamin D. Briggs

Georgia State University Law Review

No abstract provided.

To Say "I Do": Shahar V. Bowers, Same-Sex Marriage, And Public Employee And Free Speech Rights, Bryan H. Wildenthal

Georgia State University Law Review

No abstract provided.

Historical And Economic Perspectives On Lawyer Advertising And Lawyer Image, Richard J. Cebula

Georgia State University Law Review

No abstract provided.

On-Line Computer Databases And Cd-Roms Are Not The Electronic Equivalent Of Microfilm: Tasini V. New York Times Co., Electronic Revisions, And Individual Contributions To Collective Works Under The Copyright Act Of 1976, Patrick J. O'Connor

Georgia State University Law Review

No abstract provided.

The Development And Role Of Free Agency In Major League Baseball, Susan H. Seabury

Georgia State University Law Review

No abstract provided.

Market Power And The Cross-Industry Behavior Of Prices Around A Business Cycle Trough, Jonathan Baker, Peter Woodward

Working Papers

Our paper examines the behavior of prices in a large number of highly-disaggregate industries around the trough of the business cycle. We conclude that the degree to which prices are pro- or counter-cyclical differs between business cycle peaks and business cycle troughs, and that the cyclical behavior of prices varies substantially across industries. We also observe a tendency for industry prices to rise immediately following a business cycle trough. In general, we accept a market power explanation for that observation: either oligopolists pricing above marginal cost take advantage of a cyclical tendency for demand functions to grow more inelastic in …

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich

Federal Communications Law Journal

Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more …

And The Word For Today Is Immunity: A Look At Selected Criminal Procedure And 1983 Cases From The Supreme Court's 1997-98 Term, Melissa L. Koehn

Tulsa Law Review

No abstract provided.

Peer To Peer Sexual Harassment Under Title Ix: A Discussion Of Liability Standards From Doe V. Londonderry, Julie C. Doss

Tulsa Law Review

No abstract provided.

Research To Practice: Barriers To Transition Planning For Parents Of Adolescents With Special Health Care Needs, Jaimie Ciulla Timmons, James P. Mcintyre Jr., Jean Whitney-Thomas, John Butterworth, Deborah Allen

Research to Practice Series, Institute for Community Inclusion

An examination of the transition planning experiences and concerns of family members of young adults with special health care needs.

Hypocrites And Barking Harlots: The Clinton-Lewinsky Affair And The Attack On Women, Christina R. Wells

William & Mary Journal of Race, Gender, and Social Justice

Given the status of the participants, the nature of the scandal, the potential political ramifications, and the melee accompanying the recently-released Independent Counsel's report, the unrelenting media coverage of the Clinton-Lewinsky affair is unsurprising. Wallowing in the libidinous transgressions of this country's most powerful leader would prove almost irresistible to a citizenry practically obsessed with sex. Of course, this coverage has provided the President's critics with an unending platform from which to call, depending upon their point of view, for his (a) apology, (b) resignation, or (c) impeachment. Many of the President's detractors, however, have not limited their criticism to …

Pregnancy-Based Sex Discrimination, Robert Richard Rico

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Protecting The Fetus: The Criminalization Of Prenatal Drug Use, Kellam T. Parks

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Does The Dissolution Of Covenant Marriages Mirror Common Law England's Subordination Of Women?, Rebecca E. Silberbogen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Content Analysis Of Judicial Decision-Making - How Judges Use The Primary Caretaker Standard To Make A Custody Determination, Kathryn L. Mercer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Nazi Gold And The Swiss-Portuguese Connection, António Louçã

Cardozo Law Review

No abstract provided.

The Financial Underside To The Holocaust Litigation, Robert A. Swift

Cardozo Law Review

No abstract provided.

Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

Strategy For The State Museum Of Auschwitz-Birkenau, Robert Jan Van Pelt, Donald Mckay, Valerio Rynnimeri, Dereck Revington, Debórah Dwork

Cardozo Law Review

No abstract provided.

State Sales & Use Tax On Internet Transactions, Sandi Owen

Federal Communications Law Journal

The explosive growth of electronic commerce raises serious questions about the viability of the current state sales and use tax system. Sales via the Internet and other electronic means are changing both the form and substance of consumer transactions, and such sales often do not satisfy the traditional nexus requirement for state taxation because on-line vendors frequently lack physical presence in the purchaser’s home state. The inability to collect taxes on this growing segment of the retail sales market will impair states’ efforts to raise revenues and cause economically similar transactions to be treated differently. Consequently, Congress must act pursuant …

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

Copyright, Fair Use, Scholarly Communication, etc.

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …

Business Associations, Paul A. Quirós, Lynn Schutte Scott, Daniel J. Babb

Mercer Law Review

This Article surveys noteworthy cases that the Georgia appellate courts, the United States district courts located in Georgia, and the Eleventh Circuit Court of Appeals decided during the survey period as they relate to Georgia corporate, partnership, securities, and banking laws. It also highlights certain enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a large number of cases raising significant evidentiary issues. Two areas in particular should be noted and are discussed in detail below. First, criminal lawyers should be aware of the supreme court's reinterpretation of Cuzzort v. State, a landmark decision creating a broad exception to the hearsay rule for prior consistent statements. Second, all trial lawyers should be aware that the court of appeals continues to flirt with the idea of requiring parties to tender expert witnesses to the court for certification that they are, in fact, qualified to render expert testimony. As in past …

Local Government Law, R. Perry Sentell Jr.

Mercer Law Review

Plaintiff filed an action against the county for the repeated flooding of his home. The county attorney responded with a deft procedural maneuver:

It was my bright idea to take the plaintiff's deposition at his home. My timing was impeccable. During the deposition .... something on the order of a ten-year storm [occurred], an event which flooded [plaintiff's] property just as [he] had claimed. During our "adjournment" of the deposition, ... I [was] captured on video [by plaintiff's attorney] wading through plaintiff's front yard with my pants legs somewhere in the vicinity of my knees!

The "law" of local government, …

Trial Practice And Procedure, C. Frederick Overby, Jason Crawford, Teresa T. Abell

Mercer Law Review

The most notable and far-reaching judicial activity during this survey period dealt with the summary judgment standard applied in tort cases. Other noteworthy developments occurred in the areas of venue, renewal of actions, collateral estoppel, and bifurcation of trials in cases involving punitive damages. Only minimal legislation was enacted in the area of trial practice and procedure during the survey period. This Article focuses on the most notable decisions rendered by the judiciary and the most significant legislation touching upon trial practice and procedure in Georgia state courts.

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

The aim of this Article is to summarize judicial and legislative developments in fiduciary law within the past year. Its organization reflects an intention to discuss the particular issues somewhat in the chronological sequence in which they are likely to appear.

Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein

Faculty Scholarship

Chapter Extract:

The law of treaties often conjures up images of states as rotund gentlemen with whiskers, vests, and watch-chains proclaiming solemn and chivalric oaths upon their honour. Treaties are sacred in the same way that a man's word is his bond. This type of relationship among states is largely unquestioned since much of the way we live in the world depends upon the assumption of the inviolability of sovereign states and their treaties. Any challenge to these assumptions would surely evoke horror at the unmentionable void that would result-except in lawyers who make their livings shaving nuances. However, in …

Publisher's Note

Cardozo Law Review

No abstract provided.

Questions Concerning The Looted Nazi Gold Controversy, Arthur L. Smith Jr.

Cardozo Law Review

No abstract provided.

Dormant Accounts In Swiss Banks: The Independent Committee Of Eminent Persons, Paul A. Volcker

Cardozo Law Review

No abstract provided.