Law Commons^™

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants …

What's So Great About Nothing? The Gnu General Public License And The Zero-Price-Fixing Problem, Heidi S. Bond

Michigan Law Review

In 1991, Linus Torvalds released the first version of the Linux operating system. Like many other beneficiaries of the subsequent dot-com boom, Torvalds worked on a limited budget. Clad in a bathrobe, clattering away on a computer purchased on credit, subsisting on a diet of pretzels and dry pasta, hiding in a tiny room that was outfitted with thick black shades designed to block out Finland's summer sun, Torvalds programmed Linux. Like some other beneficiaries of the subsequent dot-com boom, Torvalds created a product that is now used by millions. He owns stock options worth seven figures. Computer industry giants, …

Expanding Forfeiture Without Sacrificing Confrontation After Crawford, Joshua Deahl

Michigan Law Review

The central holding of Crawford v. Washington is fairly straightforward: The Confrontation Clause bars the admission of out-of-court testimonial statements unless the defendant had a prior opportunity to cross-examine the witness. Crawford, however, has an often overlooked caveat. In renouncing numerous exceptions to the confrontation right, the Court rejected only those that purport to test the reliability of testimonial statements. It left equitable exceptions undisturbed. As the Court pointed out, "[T]he rule of forfeiture by wrongdoing (which we accept) extinguishes confrontation claims on essentially equitable grounds." The parameters of the rule of forfeiture are a matter of some dispute. …

Emphasizing The Copy In Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works, Michael K. Erickson

BYU Law Review

No abstract provided.

Emergency Response And Planning Requirements Applicable To Unpermitted Air Pollution Releases, Arnold W. Reitze Jr.

BYU Law Review

No abstract provided.

Comments On Luke Nottage's Paper, Meredith Kolsky Lewis

Journal Articles

No abstract provided.

From The Farm To The Factory: An Overview Of The American And European Approaches To Regulation Of The Beef Industry, Crisarla S. Houston

Journal of Food Law & Policy

First, this article briefly describes the existing regulatory requirements under both systems. Second, it compares the two approaches. In comparing the two systems, attention is concentrated on the quality of legislative drafting, the likelihood of implementation, the adequacy of consumer protection, the voluntary or compulsory nature of the measures, and the requirement of records retention.

Contents, Journal Editors

Journal of Food Law & Policy

No abstract provided.

United States Food Law Update, Michael Tingey Roberts

Journal of Food Law & Policy

This update summarizes significant changes and developments in food law over the first half of 2005. Not every change in national food law for the first half of 2005 is included; instead, this update is limited to significant changes in national law. New developments in state law, while certainly important and deserving of attention, are beyond the scope of this update. These updates provide a starting point for scholars, practitioners, food scientists, and policymakers determined to understand the shaping of food law in modem society. Tracing the development of food law through these updates also builds an important historical context …

The Food Safety And Inspection Service's Lack Of Statutory Authority To Suspend Inspection For Failure To Comply With Haccp Regulations, Dennis R. Johnson, Jolyda O. Swaim

Journal of Food Law & Policy

Since the implementation of the Mega-Reg, the agency has had mixed success with its new enforcement procedures. Although most establishments have chosen to work with FSIS to modify their procedures to allay any concerns the agency had, on a few occasions, no compromise was reached. In these cases, the establishment filed suit in federal district court challenging the agency's authority to remove inspectors for failure to comply with the Mega-Reg. In the three cases where the agency's authority was challenged, the establishment was successful and inspection was restored.

Preempting Food Safety: An Examination Of Usda Rulemaking And Its E.Coli O157:H7 Policy In Light Of Estate Of Kriefall Ex Rel. Kriefall V. Excel Corporation, Denis Stearns

Journal of Food Law & Policy

This article will use the Kriefall decision to examine USDA rulemaking and its still-evolving E. coli 0157:H7 policy. Part II of the article will briefly describe the development and implementation of the USDA E. coli 0157:H7 policy as a reaction to an enormous and widely-publicized outbreak of E. coli infections that occurred in 1993-the so-called Jack in the Box outbreak. Following the outbreak, E. coli 0157:H7 was declared by USDA to be an adulterant per se according to FMIA. It was also at this time that the first steps were taken by USDA to move from a "command and control" …

Journal Of Food Law & Polic - Fall 2005, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Of Treaties And Torture: How The Supreme Court Can Restrain The Executive, Jeffrey C. Goldman

Duke Law Journal

No abstract provided.

Fifty Years Of Community Service: A Tribute To Mel Shimm, Barak D. Richman

Faculty Scholarship

No abstract provided.

Judicial Opinion On The Criminality Of Sports Violence In The United States, Mathew P. Barry, Richard L. Fox, Clark Jones

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

More 'Filthy Words' But No 'Free Passes' For The 'Cost Of Doing Business': New Legislation Is The Best Regulation For Broadcast Indecency, Jennifer L. Marino

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Who Should Profit? The Balancing Act Between A Celebrity's Right To Publicity And The Public's Right Of Freedom Of Expression In A Capitalist Society, Amanda Lloyd

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 15, No. 1 2005

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Attacking The Ncaa's Anti-Transfer Rules As Covenants Not To Compete, Ray Yasser, Clay Fees

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

You Don't Like It...Change The (Expletive Deleted) Channel!: An Analysis Of The Constitutional Issues That Plague Fcc Enforcement Actions And A Proposal For Deregulation In Favor Of Direct Consumer Control, Ian J. Antonoff

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Getting Due Process Into The Game: A Look At The Ncaa's Failure To Provide Member Institutions With Due Process And The Effect On Student-Athletes, Katherine Elizabeth Maskevich

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 15, No. 2 2005

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Fraud On The Market: Short Sellers' Reliance On Market Price Integrity, Douglas A. Smith

William & Mary Law Review

No abstract provided.

Disparate Impact: Looking Past The Desert Palace Mirage, Charles A. Sullivan

William & Mary Law Review

No abstract provided.

Banging On The Backdoor Draft: The Constitutional Validity Of Stop-Loss In The Military, Evan M. Wooten

William & Mary Law Review

No abstract provided.

The Supreme Court And Foreign Sources Of Law: Two Hundred Years Of Practice And The Juvenile Death Penalty Decision, Steven Calabresi, Stephanie Dotson Zimdahl

William & Mary Law Review

No abstract provided.

Note From The Editor

Alaska Law Review

No abstract provided.

The Alaska Health Care Decisions Act, Analyzed, Kenneth C. Kirk

Alaska Law Review

No abstract provided.

Pretrial Publicity, Presumed Prejudice, And Change Of Venue In Alaska: Public Opinion Surveys As A Tool To Measure The Impact Of Prejudicial Pretrial Publicity, Rich Curtner, Melissa Kassier

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.