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2004

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Full-Text Articles in Law

Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang Dec 2004

Canning Spam: Consumer Protection Or A Lid On Free Speech?, Grant C. Yang

Duke Law & Technology Review

The United States Congress recently passed the first federal legislation to curb the influx of spam. However, the Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM Act") left some measures to be enacted by the Federal Trade Commission ("FTC"), and some consumers are calling for the Act to have a broader reach and for the creation of a Do-Not-E-Mail registry. Conversely, the FTC decided to delay the creation of a registry and opted to assist in the development of a new technological authentication system. This iBrief looks at the current state of spam and explains that it is …


Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno Dec 2004

Due Process, Free Speech, And New Jersey's Athletic Codes Of Conduct: An Evaluation Of Potential Constitutional Challenges To A Good Idea, Jerry Bonanno

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers Dec 2004

Salt Equalizer, Vol. 2004, Issue 4, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Emily Houh, SALT's Affirmative Action Committee Hard at Work, at 1.

Holly Maguigan & Beto Juarez, Co-Presidents' Column, at 1.

Bob Dinerstein, Am I Blue? Judicial Nominations Will Be a Continuing Battleground in the Second Bush Term, at 4.

Kent Greenfield, Solomon Litigation Update, at 5.

Beto Juarez, "Class in the Classroom" a Classy Affair, at 6.

Scenes from the Teaching Conference, at 6.

Eileen Kaufman, Chicago Conference Highlights Need to Rethink the Bar Exam Process, at 7.

Nancy Cook, You're Invited: SALT and EJS to Co-Sponsor Reception and …


Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo Dec 2004

Developing A Uniform Test For "Reverse Confusion" Trademark Cases In The Sports & Entertainment Industries, Nancy Del Pizzo

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul R. Rice Dec 2004

Back To The Future With Privileges Abandon Codification, Not The Common Law, Paul R. Rice

Loyola of Los Angeles Law Review

No abstract provided.


A Proposal For A Wholesale Reform Of California's Sentencing Practice And Policy, Michael Vitiello, Clark Kelso Dec 2004

A Proposal For A Wholesale Reform Of California's Sentencing Practice And Policy, Michael Vitiello, Clark Kelso

Loyola of Los Angeles Law Review

No abstract provided.


Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi Dec 2004

Remember My Name: Choreographing The Fit Of Section 43 (A) To An Author's Right Of Attribution, Medea B. Chillemi

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey Dec 2004

American Insurance Association V. Garamendi And Executive Preemption In Foreign Affairs, Brannon P. Denning, Michael D. Ramsey

William & Mary Law Review

No abstract provided.


Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan Dec 2004

Circling Back To The Obvious: The Convergence Of Traditional And Reverse Discrimination In Title Vii Proof, Charles A. Sullivan

William & Mary Law Review

No abstract provided.


Masthead Dec 2004

Masthead

Saint Louis University Law Journal

No abstract provided.


Administrative Law Meets Health Law: Inextricable Pairing Or Marriage Of Convenience?, Alex M. Azar Ii Dec 2004

Administrative Law Meets Health Law: Inextricable Pairing Or Marriage Of Convenience?, Alex M. Azar Ii

Saint Louis University Law Journal

No abstract provided.


Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet Dec 2004

Fat America: The Need For Regulation Under The Food, Drug, And Cosmetic Act, Sarah A. Kornblet

Saint Louis University Law Journal

No abstract provided.


Riaa V. Verizon Internet Services, Inc.: Peer-To-Peer Networking Renders Section 512 (H) Subpoenas Under The Digital Millennium Copyright Act Obsolete, Thomas P. Owen Jr., A. Benjamin Katz Dec 2004

Riaa V. Verizon Internet Services, Inc.: Peer-To-Peer Networking Renders Section 512 (H) Subpoenas Under The Digital Millennium Copyright Act Obsolete, Thomas P. Owen Jr., A. Benjamin Katz

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Table Of Contents Dec 2004

Table Of Contents

Saint Louis University Law Journal

No abstract provided.


The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys Dec 2004

The Food And Drug Administration And The Command-And-Control Model Of Regulation, Eric R. Claeys

Saint Louis University Law Journal

No abstract provided.


Daubert And The States: A Critical Analysis Of Emerging Trends, Clark Hedger Dec 2004

Daubert And The States: A Critical Analysis Of Emerging Trends, Clark Hedger

Saint Louis University Law Journal

No abstract provided.


Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown Dec 2004

Hope And Misgiving About Lawyers, Consensus-Building, And Social Problem-Solving, Jennifer Gerarda Brown

Nevada Law Journal

No abstract provided.


The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati Dec 2004

The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati

Nevada Law Journal

No abstract provided.


The Confines Of Modern Constitutionalism, David T. Butleritchie Dec 2004

The Confines Of Modern Constitutionalism, David T. Butleritchie

The University of New Hampshire Law Review

[Excerpt] "Constitutionalism is an ambiguous concept, or at least the term is used in ambiguous ways. Virtually every political theorist of the modern period, certainly during the last two hundred years or more, has used the concept of a political constitution in some way or another. There is very little agreement, however, on what the term constitutionalism actually represents. Some mean it in a restrictive way, others in a more expansive way. Some use it in a proscriptive manner, while others employ it prescriptively (some, perhaps, even use it pejoratively). What nearly everyone who uses the term shares, though, is …


Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer Dec 2004

Indivisible Injury Negligence And Nuisance Cases –Proving Causation Among Multiple-Source Polluters: A State-By-State Survey Of The Law For New England, And A Proposal For A New Causation Framework, Paul Homer

The University of New Hampshire Law Review

[Excerpt] "The skies, soil, and water of every state are polluted every day. Whether the pollutants enter the atmos phere from coal plants or the water-ways from large farms, materials a bnormal to the “natural” environment are regularly emitted by a variety of sources over wide regions of the nation. To some extent, such emissions are normal and acceptable activities in modern society."


Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough Dec 2004

Sodomy And Prostitution: Laws Protecting The “Fabric Of Society”, Nicole A. Hough

The University of New Hampshire Law Review

[Excerpt] “Throughout history many people have viewed sodomy and prostitution as moral evils, because sex has often been linked to sin and, therefore, to immorality and guilt. For example, in ancient Hebrew, a sodomite was known as a qadhesh, a male temple prostitute who was associated with heathen deities and impure forms of worship. The female version of qadhesh, qedheshah, is translated directly as prostitute. This archaic view of labeling prostitution and sodomy as impure has been challenged over time, and both topics are still a source of great controversy. […]

This note is a comparative analysis of sodomy and …


Table Of Contents, Volume 3, Number 1, 2004, Editorial Board Dec 2004

Table Of Contents, Volume 3, Number 1, 2004, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Three, Issue Number One.


Examining The Merits Of Dual Regulation For Single-Stock Futures: How The Divergent Insider Trading Regimes For Federal Futures And Securities Markets Demonstrate The Necessity For (And Virtual Inevitability Of) Dual Cftcsec Regulation For Single-Stock Futures, Zachary T. Knepper Dec 2004

Examining The Merits Of Dual Regulation For Single-Stock Futures: How The Divergent Insider Trading Regimes For Federal Futures And Securities Markets Demonstrate The Necessity For (And Virtual Inevitability Of) Dual Cftcsec Regulation For Single-Stock Futures, Zachary T. Knepper

The University of New Hampshire Law Review

[Excerpt] "Single-stock futures are a recent addition to the financial landscape in the United States and provide retail and institutional investors with a new tool for investment or speculation. So far, the market response to these instruments has been cool. Some observers have argued that the regulatory framework for single-stock futures is a cause of the lack of investor interest. Single-stock futures are regulated by both the Commodities Futures Trading Commission (“CFTC”) and the Securities and Exchange Commission (“SEC”), and this system of dual regulation has been criticized as overly burdensome and unnecessary."


Live Smoke Free Or Die: The Battle For Smoke Free Restaurants In New Hampshire, Jody Hodgdon Dec 2004

Live Smoke Free Or Die: The Battle For Smoke Free Restaurants In New Hampshire, Jody Hodgdon

The University of New Hampshire Law Review

[Excerpt] "The need for a strict statutory scheme prohibiting or effectively segregating tobacco smoke in restaurants and public buildings in New Hampshire is compelling. One evening, during the summer of 2003, I took my wife and daughter to a restaurant in New Hampshire for dinner. When the time came to be seated, the waiter asked if we preferred to be seated in the smoking or non-smoking section. At our request, he led us to the non- smoking section. Over the course of dinner, I considered the irony of why the restaurant even had a non-smoking section. Smoke was coming over …


Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser Dec 2004

Victor's Not So Little Secret: Trademark Dilution Is Difficult But Not Impossible To Prove Following Moseley V. V. Secret Catalogue, Inc., Jessica C. Kaiser

Chicago-Kent Law Review

The Supreme Court's decision in Moseley v. V. Secret Catalogue, Inc. has been criticized by those who favor strong federal dilution protection and applauded by those who dislike dilution protection. Critics of dilution favor weak antidilution provisions because dilution begins to protect trademarks as pure property rights. In Moseley, the Supreme Court resolved a circuit split over the appropriate interpretation of the Federal Trademark Dilution Act ("FTDA"), and the Court determined that the FTDA requires that famous mark holders show "actual dilution." This Note examines the impacts of this decision and advises ways that famous mark holders can obtain …


Introduction, David P. Leonard Dec 2004

Introduction, David P. Leonard

Loyola of Los Angeles Law Review

No abstract provided.


Relational And Informational Privileges And The Case Of The Mysterious Mediation Privilege, Eileen A. Scallen Dec 2004

Relational And Informational Privileges And The Case Of The Mysterious Mediation Privilege, Eileen A. Scallen

Loyola of Los Angeles Law Review

No abstract provided.


A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried Dec 2004

A Psychological Critique Of The Assumptions Underlying The Law Of Evidentiary Privileges: Insights From The Literature On Self-Disclosure, Edward J. Imwinkelried

Loyola of Los Angeles Law Review

No abstract provided.


A Legisprudential Analysis Of Evidence Codification: Why Most Rules Of Evidence Should Not Be Codified - But Privilege Law Should Be, Paul F. Kirgis Dec 2004

A Legisprudential Analysis Of Evidence Codification: Why Most Rules Of Evidence Should Not Be Codified - But Privilege Law Should Be, Paul F. Kirgis

Loyola of Los Angeles Law Review

No abstract provided.


Judicial Elections, Gene R. Nichol Dec 2004

Judicial Elections, Gene R. Nichol

First Amendment Law Review

No abstract provided.