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University & Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 37, Number 1, Winter 2004

Nebraska Transcript

3 Law College Celebrates Newly Remodeled Building

5 Governors Room Dedication Honors

5 Remarkable Alums

7 New Library Seminar Room Honors Alum Bar Presidents 8 Graduation 2003

10 Class of 2003

12 Honor Class Reunion

14 Family Traditions Ceremony

16 Former President of CBS Leaves Law College $3.4 Million

17 Eye-Opening Panel Discussion Honors Black History Month

19 Pre-Law Summer Institute Introduces Students to the Law

25 Remembering Henry Grether

27 Remembering Norm Thorson

32 Alumni Council Awards Honor Distinguished Achievements

Nebraska Transcript (University Of Nebraska College Of Law), Volume 38, Number 1, Fall/Winter 2004–2005

Nebraska Transcript

U.S. Champs: Law College's Client Counseling Team of Kevin Corlew and Adam

Pavelka Compete in International Competition in Scotland

Upset Victory: 'Cinderella' Moot Court Team Looks Back Fondly at Law College's 1953 National Championship

Schmoker Courtyard Dedicated with Jazz, Flowers, Festivities

Students Begin Legal Careers With Professionalism Orientation

College of Law Hosts Conference On Water Law, Policy & Science

Which Way to True Justice? Appropriate Dispute Resolution & 'Adversarial Legalism'

Supreme Court Correspondent Explains Its 'Monumental Shift'

Graduation Honors

Graduation 2004

Family Tradition Ceremony

U.S. Supreme Court Cites Kirst In Confrontation Clause Case

Journey from Public Defender to Law Librarian …

Fair's Fair: An Argument For Mandatory Disclosure Of Technological Protection Measures, Robert C. Denicola

Michigan Telecommunications & Technology Law Review

Section 1201(a)(1) of the Copyright Act prohibits the act of "circumvent[ing] a technological measure that effectively controls access to a work," including, for example, by-passing password protection or encryption intended to restrict access to paying customers. Section 1201(a)(2) prohibits the manufacture or sale of "any technology, product, service, device, component, or part thereof" primarily designed for the purpose of circumventing access controls on copyrighted works. Additionally, § 1202(b) prohibits the manufacture or sale of products, devices or services primarily designed to circumvent "a technological measure that effectively protects a right of a copyright owner"--for example, a technological measure intended to …

Electronic Discovery Sanctions In The Twenty-First Century, Shira A. Scheindlin, Kachana Wangkeo

Michigan Telecommunications & Technology Law Review

At the federal level, the Civil Rules Advisory Committee has responded to the "unique and necessary feature of computer systems--the automatic recycling, overwriting, and alteration of electronically stored information"--with a proposed amendment to Rule 37. The proposed Rule 37(f) would shield litigants from sanctions for the destruction of electronic data if the party "took reasonable steps to preserve the information after it knew or should have known the information was discoverable in the action" and "the failure resulted from the loss of the information because of the routine operation of the party's electronic information system." The safe harbor provision would …

Post-Grant Patent Invalidation In China And In The United States, Europe, And Japan: A Comparative Study, Haito Sun

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Challenging Ethnic Citizenship: German And Israeli Perspectives On Citizenship, David Abraham

Articles

No abstract provided.

Clash And Convergence On Ethical Issues In International Arbitration, John M. Townsend

University of Miami Inter-American Law Review

No abstract provided.

Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman

Human Rights & Human Welfare

A review of:

Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.

Rights, Rationality, And The Preemption Of Reasons, Richard Warner

Chicago-Kent Law Review

This Article rejects the following Comparative Conception of rationality: namely, an action is rational only if it can be justified by showing that the reasons for it are better than (or at least as good as) the reasons against it. The Comparative Conception is inconsistent with moral rights, at least on one widespread understanding of such rights. The incommensurability of reasons is the key both to seeing why the Comparative Conception is false and to understanding the kinds of constraints on action moral rights impose.

Beyond Hoffman Plastic: Reforming National Labor Relations Policy To Conform To The Immigration Reform And Control Act, Shahid Haque

Chicago-Kent Law Review

The Supreme Court's decision in Hoffman Plastic Compounds, Inc. v. NLRB significantly restricted the remedies available to undocumented workers under the National Labor Relations Act. The decision highlights the tension between labor laws and immigration policy; the Court held that an undocumented worker should not recover remedies under the NLRA when employment was obtained in the first place by violating federal immigration law. This Note argues for three changes to the current system in order to fulfill the immigration policy articulated in Hoffman regarding undocumented workers and the remedies they may receive for wrongful employer conduct. First, the National Labor …

Are Decss T-Shirts Dirty Laundry? Wearable, Non-Executable Computer Code As Protected Speech, Sara Crasson

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

How Do You Say “Big Media” In Spanish? Spanish-Language Media Regulation And The Implications Of The Univision-Hispanic Broadcasting Merger On The Public Interest, Nicole Serratore

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Standard Of Review For Prosecutorial Use Of Race Evidence During Trial, Peter Chung

University of Michigan Journal of Law Reform

This Note argues that unfettered use of cultural evidence by prosecutors creates the same problems as would the use of evidence of race to show propensity of the accused to act. Using Wisconsin v. Chu as a case study, the author demonstrates that cultural evidence, just as any other evidence to show propensity to act, must rest upon the proper evidentiary foundation and that prosecutors must be sharply constrained in their use of cultural evidence.

2004 Cardozo Life (Fall), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 3

Faculty Briefs, page 16

An Interview with Kathy Greenberg, page 23

A Free, Informed, and Courageous Press Insures National Security, page 27

The Guantanamo Detainee Case, page 32

Baghdad Diary, page 36

Using the Power of Imagination to Heal a Violent World, page 40

Alumni News & Notes, page 44

Currents And Crosscurrents In The International Intellectual Property Regime, Peter K. Yu

Faculty Scholarship

Since the establishment of the TRIPs Agreement, intellectual property protection has been expanding rapidly, and many less developed countries have become dissatisfied with the international intellectual property regime. From bilateral free trade agreements to the increasing use of technological protection measures, many commentators fear that the recent "one-way ratchet" will roll back the substantive and strategic gains made by less developed countries during the negotiation of the TRIPS Agreement. Interestingly, intellectual property rightsholders feel equally threatened by the recent developments, in particular the development of the Doha Declaration, the World Summit on the Information Society, the WIPO Development Agenda, and …

The Origins Of Cctld Policymaking, Peter K. Yu

Faculty Scholarship

Extract:

A long time ago in a galaxy not so far away, there was a decentralized global network of computers. These computers shared information with each other regardless of how far apart they were and whether there was any direct line of communication between them. In the very beginning, this network was used exclusively by government and military agencies, educational and research institutions, government contractors, scientists, and technology specialists. Instead of the domain names we use today, such as “www. amazon.com,” users typed in numeric addresses, such as “123.45.67.89,” and, later, host names to send information to other computers.

This …

Intellectual Property At A Crossroads: Why History Matters, Peter K. Yu

Faculty Scholarship

Intellectual property is at a crossroads today. As the Commission on Intellectual Property Rights noted in its final report, “[o]ver the last twenty years or so there has been an unprecedented increase in the level, scope, territorial extent and role of IP right protection.” From the rapid privatization and commodification of information to the creation of property rights in bioengineered microorganisms and lifeforms, recent developments in the intellectual property field have sparked major controversies, calling into questions our values, worldviews, and the way society protects and incentivizes human creations and innovations. To grapple with these difficult questions, courts and commentators …

Chicken Little Lives: The Anticipated And Actual Effect Of Sarbanes-Oxley On Corporate Lawyers' Conduct, Susan Saab Fortney

Faculty Scholarship

This article addresses the controversy surrounding the Sarbanes-Oxley Act of 2002, which was seen by many lawyers as threatening the relationship between lawyers and their corporate clients. Part I of this article introduces the topic by providing a brief history of the increased government regulation and enforcement actions that forced lawyers to reexamine their role in representing their clients, beginning with the case of SEC v. National Student Marketing Corp. Part II reviews the organized bar's reaction to Sarbanes-Oxley. Part III focuses on law firms' response to the legislation. Part IV considers the views of individual corporate and securities lawyers …

Law Student Admissions And Ethics - Rethinking Character And Fitness Inquiries, Susan Saab Fortney

Faculty Scholarship

This article expands on the use and recommended methods of including criminal background inquiries on law school applications. Part I of this article begins with an introduction to the ethics issues arising in connection with the admission of law students. Part II focuses on different purposes served by criminal background questions on the law school admission application, including screening applicants’ fitness to practice law. Part III considers the various ways law schools handle applicants’ nondisclosure and expands on the benefits of a modified amnesty program. Part IV explores how criminal background inquiries differ in depth, spanning from questions asking about …

Finding Lawyers For Employees In Discrimination Disputes As A Critical Prescription For Unions To Embrace Racial Justice, Michael Z. Green

Faculty Scholarship

At such a crucial time in our history, major concerns exist regarding the viability of labor unions and the capability of employees to pursue racial justice in the workplace with any success. Continued improvement within both movements may depend upon finding a cohesive intersection between them. With the race and class divide affecting relations between organized labor and black workers (a dilemma which must be explored in more detail), this Article offers the thesis that there remains an area of opportunity for justice where interests of unions and black employees may coalesce: providing legal assistance to unrepresented black employees in …

Drifting Down The Dnieper With Prince Potemkin: Some Skeptical Reflections About The Place Of Compliance Programs In Federal Criminal Sentencing (Symposium), Frank O. Bowman Iii

Faculty Publications

This Article explains how the federal organizational sentencing guidelines work and how they have created incentives for businesses to set up compliance programs. It then considers the paucity of evidence that compliance programs actually prevent the occurrence of corporate crime. It also questions whether investments in compliance programs make sense even for companies caught in a federal criminal investigation. There is little evidence that compliance programs have any significant effect on the likelihood that federal prosecutors will file criminal charges in the first instance. Even more surprisingly, examination of U.S. Sentencing Commission statistics reveals that the compliance program movement seems …

Fear And Risk In 'Times Of Crisis': The Media's Challenge, Richard C. Reuben

Faculty Publications

As we have heard time and again during this conference, perspective is a crucial safeguard against the distorting effect of fear. While space and consumer patience may be thin, it is during times of crisis that the media's capacity to provide context becomes most important. This is part of the challenge of risk communication. Editors need to insist on this perspective rather than trying to cut it out if the story still reads, and reporters need to learn how to write about it effectively as well as compellingly. None of these challenges is easy. Institutional reform never is. But I …

Class Of 2007 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2007

How Do German Contracts Do As Much With Fewer Words?, Claire A. Hill, Christopher King

Chicago-Kent Law Review

German business contracts are much shorter than their American counterparts. They also avoid the worst excesses of legalese that American contracts are known for. But they seem to work as well as United States contracts. We seek to understand how German business contracts could do as much with fewer words. Our explanation is predicated on an account of what contracting does. Contracting aims to create a bigger transactional pie in a world where parties' incentives are misaligned and they need to coordinate the production of information, specify future rights, duties and procedures, and allocate risks. The task of contracting thus …

Tax Shelter Information And How The Confidentiality Rule Protects Clients: The Relevance Of Recent Changes To Aba Model Rule Of Professional Conduct 1.6, Kristy Brewer

University of Miami Business Law Review

No abstract provided.

Hoarding History: A Survey Of Antiquity Looting And Black Market Trade, Alia Szopa

University of Miami Business Law Review

No abstract provided.

Multi-Jurisdictional Framework Of International Securitization: Understanding The Various Facets Of This Transnational Process, Parikshit Dasgupta, Naoshir Vachha

University of Miami Business Law Review

No abstract provided.

Cordell Hull, The Reciprocal Trade Agreement Act, And The Wto, Kenneth W. Dam

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.