Law Commons^™

Politics And Denial, Pierre Schlag

Publications

No abstract provided.

Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser

Publications

No abstract provided.

The Wharf (Holdings) Ltd. V. United International Holdings, Inc.: The Supreme Court Breaks Old Ground, Mark J. Loewenstein

Publications

This article analyzes the Supreme Court's decision to decide only one federal securities law case, The Wharf (Holdings) Ltd. v. United International Holdings, Inc. On the face of it, the Court simply affirmed long-standing, uncontroversial tenets of Rule 10b-5. However, the article provides different explanations to the Court's decision.

Beyond The Ethnic Umbrella And The Buffalo: Some Thoughts On American Indian Tribes And Gaming, Kristen A. Carpenter, Ray Halbritter

Publications

No abstract provided.

Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr

Publications

In this essay, I will propose an alternative form of law school affirmative action that does not rely on racial classifications, but nevertheless helps to remedy racial discrimination, to diversify the educational environment and to provide resources for underserved communities. In particular, I propose a "direct measures" program that would grant admissions preferences on the basis of the following criteria: (1) whether an applicant has suffered from the effects of racial discrimination; (2) whether, on issues of racial and social justice, the applicant can contribute a perspective or viewpoint not currently represented within the majority of the student population, and …

Takings Clause, Tara Leigh Grove

Faculty Publications

No abstract provided.

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Faculty Publications

No abstract provided.

Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon

Faculty Publications

In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …

The Jeffersonian Vision Of Legal Education, Davison M. Douglas

Faculty Publications

No abstract provided.

Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason

Faculty Publications

Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …

Congressional Factfinding And The Scope Of Judicial Review: A Preliminary Analysis, Neal Devins

Faculty Publications

No abstract provided.

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.

Congress As Culprit: How Lawmakers Spurred On The Court's Anti-Congress Crusade, Neal Devins

Faculty Publications

No abstract provided.

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.

Should The “Product Liability Loss” Deduction Be Calculated On A Consolidated Basis For An Affiliated Group?, Ralph C. Anzivino

Faculty Publications

No abstract provided.

Hardball, Politics, And The Nlrb, Michael Ashley Stein

Faculty Publications

No abstract provided.

Troxel And The Limits Of Community, Margaret F. Brinig

Journal Articles

The Troxel grandparent-visitation case that frames this symposium, the Washington statute included in Troxel, the mercifully completed odyssey of Cuban-born Elian Gonzalez, and the "right to die" case of Hugh Finn all illustrate both the fervor with which the broader community justifies its involvement with families and the extremes to which this involvement can spread. Using constitutional language, advocates point out the rights of extended family members to continue or strengthen ties to children, whether adult or minor. On the other side, parents and spouses claim their own rights not to have outsiders second-guess or interfere with their decisions.

Though …

Removing Dam Development To Recover Columbia Basin Treaty Protected Salmon Economies, Rollie Wilson

American Indian Law Review

No abstract provided.

The De Facto Termination Of Alaska Native Sovereignty: An Anomaly In An Era Of Self-Determination, Benjamin W. Thompson

American Indian Law Review

No abstract provided.

Exercising Cultural Self-Determination: The Makah Indian Tribe Goes Whaling, Robert J. Miller

American Indian Law Review

No abstract provided.

The Dormant Indian Commerce Clause: Up In Smoke?, Richard D. Agnew

American Indian Law Review

No abstract provided.

Indian Religious Freedom: To Litigate Or Legislate?, Louis Fisher

American Indian Law Review

No abstract provided.

State Corporations For Indian Reservations, Dao Lee Bernardi-Boyle

American Indian Law Review

No abstract provided.

Easements On Tribal Sovereignty, Todd Miller

American Indian Law Review

No abstract provided.

Jurisdiction Of Ute Reservation Lands, John D. Barton, Candace M. Barton

American Indian Law Review

No abstract provided.

Cyberjacking, Mouse Trapping, And The Ftc Act: Are Federal Consumer Protection Laws Helping Or Hurting Online Consumers?, Kenneth Sanney

Vanderbilt Journal of Entertainment & Technology Law

Only the Federal Trade Commission (FTC) can bring a federal cause of action against a company whose business practices or actions deceive consumers. However, the FTC's power is limited; it can intervene on behalf of consumers only when there is a pattern of misconduct by the business that threatens the public interest. But where the scams themselves are difficult to spot, patterns may be virtually impossible to establish. Moreover, even successful FTC actions may yield little in the way of preventative or compensatory benefit for the individual user.

My aim in this Note, therefore, is to offer one possible means …

Digital Broadcasting: The Cost Of Copyright, Journal Staff

Vanderbilt Journal of Entertainment & Technology Law

Music copyright issues pervade the Internet these days, but few have roots as far back as 1915. Since that time, radio broadcasters and copyright owners have found themselves embroiled in a conflict over the extent to which copyright law should and can dictate the terms and cost of broadcasting music. Advances in dig- ital transmission technology, followed closely by the introduction of two important legislative enactments, have kept the debate fresh in recent years. Now, an inter- pretative ruling by the Copyright Office as to the applicability of the latter to the former threatens to extend the dispute well into …

The Price Of Fame: The Celebrity Image As A Commodity And The Right Of Publicity, Ty Ford

Vanderbilt Journal of Entertainment & Technology Law

This Note will examine several recent cases that illustrate how major stars are using the ever-widening scope of such doctrines to control their images in the media. These examples show how the right of publicity has evolved from a right designed to protect a performer's uniquely personal attributes and stylings from unauthorized (and unpaid for) exploitation into a legal fortress constructed around movie-star images that allows the star to separate unwanted attention from necessary popularity. Furthermore, it will explore the inherent contradictions in such a development, showing how it can be used to manipulate and control the very peripheral industries, …

Irreconcilable Congressional Treatment Of Internet Service Providers As Speakers, Raymond Shih Ray Ku

Vanderbilt Journal of Entertainment & Technology Law

This Article argues that under the CDA and OCILLA, Congress adopted facially inconsistent approaches towards ISP liability for expression. Nonetheless, despite the overt differences, it is possible to discern an underlying principle for determining when ISPs should be considered speakers that reconciles this inconsistency. Put simply, the CDA and OCILLA support an approach toward determining when ISPs are speakers that focuses on whether an ISP exercises editorial control over its network. This approach is evidenced by the fact that both statutes recognize that ISPs are able to exercise editorial control over any and all content on their networks, and both …

Why Traditional Insurance Policies Are Not Enough: The Nature Of Potential E-Commerce Losses & Liabilities, Anna Lee

Vanderbilt Journal of Entertainment & Technology Law

There are two general categories of insurance policies: first-party policies and third-party/liability policies. First-party polices provide benefits directly to policyholders for losses suffered by the policyholders. For example, fire damage to the policyholder's plant or financial loss resulting from the interruption of the policyholder's business would be covered under the first-party insurance. Generally, these first-party losses are covered under policies such as "all risk," "named peril," "business interruption," or "expense to reduce loss" coverages. Among these various types of first-party policies, "all risk" insurance policies provide the broadest coverages.

Third-party or liability policies provide protection for claims against the policyholder …