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It's Personal But Is It Mine? Toward Property Rights In Personal Information, Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

"It's Personal But Is It Mine? Toward Property Rights in Personal Information" discusses the disturbing erosion of privacy suffered by the American society in recent years due to citizens' loss of control over their personal information. This information, collected and traded by commercial enterprises, receives almost no protection under current law. I argue that, in order to protect privacy, individuals need to secure control over their information by becoming its legal owners. In this article, I confront two fundamental questions that have not been specifically addressed in the privacy literature before: why property is the most appropriate regime for regulating …

Rodriquez, Plaintiffs/Appellees V. Knighton Properties, Llc, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM ORDER AND RULING ENTERED BY THE FIRST JUDICIAL DISTRICT COURT OF CACHE COUNTY, STATE OF UTAH, THE HONORABLE JUDGE ANGELA FONNESBECK PRESIDING

Chris Daines Jonathan P. Thomas DAINES, THOMAS & SMITH, LLP Attorney for Appellees

James C. Jenkins (#1658) OLSON & HOGGAN, LLC Attorney for Appellant

Examining The Post September 11, 2001 Practices Of Accredited And Non-Accredited Law Enforcement Agencies In The Aspects Of Training, Legal And Service Delivery, Eugene G. Savage

Graduate Student Dissertations, Theses, Capstones, and Portfolios

Homeland security measures and the preparation of local law enforcement are reviewed, in light of September 11, 2001, to determine their effect on the Constitutional rights of citizens, the delivery of law enforcement services, e.g., call response and the training methodologies, and the fiscal impact to fulfill the new policing mandates. The study reviews aggressive measures, normally vested with federal law enforcement agencies, to determine if local police are also utilizing similar methods for the sake of national security and if such measures are undermining ethical and legal practices previously exercised by local police. This research also examines the distinction …

Estate Planning Topics, W. Birch Douglass Iii, Dee Ann Remo, Michael L. Layman

William & Mary Annual Tax Conference

No abstract provided.

International Valuation Guidance Note No. 6

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments In Federal Income Taxation, Ira B. Shepard, Mary Ann Cohen

William & Mary Annual Tax Conference

No abstract provided.

Income, Gift And Estate Tax Smart Ways To Save For College: Section 529 Plans, Esas & More, James W.C. Canup, Diana F. Cantor

William & Mary Annual Tax Conference

No abstract provided.

Using Charitable Contribution Planning Opportunities With Family Business Succession Planning, J. William Gray Jr.

William & Mary Annual Tax Conference

No abstract provided.

Practical Issues When Appraising Privately Held Business, Robert F. Mizell, Craig G. Bell

William & Mary Annual Tax Conference

No abstract provided.

The Like Kind Exchange: A Current Review, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

The Opinion Volume 42 Issue 1 – November 20, 2003, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 20, 2003

Abandoned And Unclaimed Property: The New Virginia Statute, Robert G. Mcelroy

William & Mary Annual Tax Conference

No abstract provided.

The Impact Of The 2003 Tax Act On Privately Held Business, Samuel P. Starr

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments Affecting Real Estate And Pass-Through Entities, Stefan F. Tucker, Jeffrey S. Clark

William & Mary Annual Tax Conference

No abstract provided.

Analyzing The Noncompensatory Partnership Option Proposed Regulations, Dennis A. Diersen

William & Mary Annual Tax Conference

No abstract provided.

Selected Buyer And Seller Issues When Contemplating M&A Transactions In An Uncertain Economy, Thomas R. Frantz

William & Mary Annual Tax Conference

No abstract provided.

Use Of Limited Liability Entities In Tax Strategies And Techniques For Business Acquisitions And Dispositions, Thomas P. Rohman

William & Mary Annual Tax Conference

No abstract provided.

Recent Tax Developments In Virginia: 2002-2003, William L.S. Rowe

William & Mary Annual Tax Conference

No abstract provided.

America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh

Testimony Before Congress

No abstract provided.

Pfaff Revisited: How The Federal Circuit Has Elaborated On The “Ready For Patenting” Standard, Jennifer F. Miller

Duke Law & Technology Review

In Pfaff v. Wells Electronics, Inc., the Supreme Court established a two-part test to determine when an invention is "on sale" for purposes of Title 35 U.S.C. §102(b). In addition to being the subject of a commercial offer for sale, an invention must be "ready for patenting" in order to be considered "on sale." Since Pfaff, the Court of Appeals for the Federal Circuit has had numerous opportunities to expound upon how inventors can fulfill the latter condition. This iBrief will discuss the factors the Federal Circuit has determined are indicative of an invention's "ready for patenting" status.

Tribe V. Gervais, 01-C-2887-2891 (Blkft. Tr. Ct. App., Nov. 17, 2003), Blackfeet Appellate Court

Court Decisions

• In the Blackfeet Tribal Court of Appeals, the Court upheld a previous judgement convicting a defendant of four charges centering around assault and child endangerment.  

• The Court considered whether: 1) the defendant’s rights were violated by not being allowed to face his accuser; and 2) whether the imposed sentence was excessive and a violation of the Indian Civil Rights Act.  

• 1) The Court cited the Blackfeet Law and Order Code, Ch.1, Sec. 11, stating that a complaint is valid when it bears the signature of a complaining witness or complainant, witnessed by a judge. In this case, the Blackfeet Law …

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Vol. 25, No. 12 (November 17, 2003)

Indiana Law Annotated

No abstract provided.

Expert Testimony And Scientific Evidence, Lynn Mclain

All Faculty Scholarship

Handout from a day-long lecture on expert and scientific testimony at the Maryland Judicial Institute.

Brief Of Former Administrator Carol M. Browner Et Al., As Amici Curiae Supporting Respondents, South Florida Water Management Dist. V. Miccosukee Tribe Of Indians, No. 02-626 (U.S. Nov. 14, 2003), ., Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.

Bridging Silos, Part Ii: Di, Ssi, Medicare, And Medicaid Issues And Initiatives, Karen Matherlee

National Health Policy Forum

The second of two papers on the general topic of public disability and health benefits, this background paper lays out some key issues confronting the Social Security Disability Insurance, Supplemental Security Income, Medicare, and Medicaid programs. It also discusses major initiatives to address those issues, in light of growing administrative, fiscal, and other problems.

Bridging Silos, Part I: Linkages Among The Di, Ssi, Medicare, And Medicaid Programs, Karen Matherlee

National Health Policy Forum

This paper, the first of two on the general topic of public disability and health benefits, centers on the fundamentals of the Disability Insurance and Supplemental Security Income programs and their relationships with Medicare and Medicaid. In addition to looking at the programs’ definitions, distinctions, and overlaps, it reviews the effects on them of the Ticket to Work and Work Incentives Improvement Act of 1999 and, to a lesser extent, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Does Your Website Put You At Risk?—Liability Issues In Using Third Party Content: Global Perspectives, James Maxeiner

All Faculty Scholarship

This presentation examines some of the new laws that affect the liability risks faced by online service providers that rely in part or in whole on information posted or otherwise provided by third parties, both with respect to issues associated with liability for defamatory information and to infringement issues.

In this presentation we are going to consider first the most important areas of liability for distribution of third party content. These laws pre-date the Internet and continue in force. We will then consider liability for third party content under the most important of those laws. Finally, we will consider how …

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs

Sailing Schip Through Troubled Waters, Jennifer Ryan

National Health Policy Forum

As the State Children’s Health Insurance Program (SCHIP) enters its sixth year of operation, states have continued their commitment to children’s coverage and to reaching out to the uninsured. This issue brief explores the current status of SCHIP in light of fiscal pressures that have been created by the state budget crisis. It highlights some of the key successes in the program thus far and notes several examples of state initiatives to serve particularly vulnerable populations and collect outcomes data and information about access to care.

Slides: Encana, John Moran

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: John Moran, Reservoir Engineer, Encana Oil & Gas

23 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?