Law Commons^™

Open Season On The Journalist's Privilege: Do Recent Rulings Represent A Trend Against Assertions Of The Privilege Or Proper Applications Of Existing Law?, Will E. Messer

Kentucky Law Journal

No abstract provided.

Ethics In Government At The Local Level, Vincent R. Johnson

Faculty Articles

Efforts to foster ethics in government should begin at the local, rather than state or national, level. City officials and employees make a broad range of decisions that affect the welfare of citizens in many ways. Those actions determine to a large extent whether, on an everyday basis, people have equal access to the benefits and opportunities that government provides. Focusing efforts on city government ethics may also be the best way to build public support for high standards of conduct at all levels of government. If the public comes to expect (and demand) fair treatment and ethical conduct from …

Informal Rules, Transaction Costs, And The Failure Of The “Takings” Law In China, Chenglin Liu

Faculty Articles

The enforcement of China’s new takings law has failed. In the unbalanced tug-of-war between individual homeowners and deep pocketed developers, the government sided with the latter by changing zoning plans to fit commercial development, authorizing forced evictions, deploying judicial police to execute eviction orders, lowering compensation standards, instructing courts not to hear cases involving demolitions, blocking class actions, and more. Many Chinese scholars argue that lackluster enforcement can be remedied by a well-drafted property code. However, applying the New Institutional Economics’ (NIE) theory on institutions to the enforcement failure associated with the takings law draws attention to informal complaints, which …

Justice Tom C. Clark’S Legacy In The Field Of Legal Ethics, Vincent R. Johnson

Faculty Articles

Justice Tom C. Clark served as this nation’s Attorney General and as a Supreme Court Justice during a pivotal time in this nation’s history; however, his greatest legacy is the tremendous impact he and the Clark Report, whose development he oversaw, has in the area of lawyer discipline and ethics. Prior to the Clark Report, there existed a “scandalous situation” with respect to lawyer discipline; however, in the subsequent decades, revolutionary change has occurred. That change is largely attributable to Justice Clark, whether directly or indirectly, as was found in 1992 by the American Bar Association in its McKay Report. …

Military Justice At Abu Ghraib, Jeffrey F. Addicott

Faculty Articles

Previous efforts to denigrate the credibility of U.S. war policies in the War on Terror pale in the wake of the prisoner abuse scandal at Abu Ghraib. Photographic evidence of American soldiers abusing detainees created a firestorm of allegations concerning illegal interrogation practices and threatened to derail fundamental legal and policy pillars upon which America conducts the War on Terror. It raised the question of whether the prison abuse reflected a systemic policy to illegally obtain information from detainees or isolated acts of criminal behavior by a handful of soldiers. Thanks to several investigative reports, the legal and policy pillars …

Deterrence And Origin Of Legal System: Evidence From 1950-1999, Michael L. Smith

Faculty Articles

This article offers evidence on legal systems' deterrence of acts that may cause harm, which extends law—and finance—literature comparing common law and civil code systems. Fatality rates from two causes are used to gauge deterrence: (1) motor vehicle accidents and (2) accidents other than motor vehicle. Both vary significantly across countries classified by origin of legal system. The data cover 50 years, offering evidence on evolution of differences over time. Findings for accidents other than motor vehicle are evidence on legal system flexibility, as the diffuse set of causes increases the difficulty of specifying harmful actions ex ante.

Citation Of Kentucky Legal Materials, Kurt Metzmeier

Faculty and Staff Scholarship

Guide to local rules for citation of Kentucky legal materials.

The Ethics Of Copyrighting Ethics Rules, Michael S. Ariens

Faculty Articles

The American Bar Association’s (“ABA”) practice of requiring students to purchase the Model Rules of Professional Conduct is exploitative and unethical. The ABA uses its role in training lawyers to create a situation which all but requires law students and bar applicants to purchase the organization’s own Model Rules. The fact that the Model Rules constitute a substantial revenue stream for the ABA is due less to lawyers’ desire to brush up on Model Rules of Professional Conduct, which are not laws, than to the ABA's direct role in approving law schools and its indirect role in licensing lawyers.

Law …

Fcc’S Crackdown On Broadcast Indecency, Michael Botein

Other Publications

No abstract provided.

On The Logic Of Suing One's Customers And The Dilemma Of Infringement-Based Business Models, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Supremacy Of Soundexchange: Federal Preemption Of State Escheat Laws, Marc Shaw

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital First Sale: Friend Or Foe?, Eurie Hayes Smith Iv

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Where Have All The Royalties Gone? Emerging Technologies And The Lack Of Equitable Mechanical Royalties, Cole Sternberg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A "Quizzical" Look Into The Need For Reality Television Show Regulation, Tara Brenner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 23 (2004-05)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Publicity Rights As Property Rights, David Westfall, David Landau

Cardozo Arts & Entertainment Law Journal

No abstract provided.

When You Wish Upon Dastar: Creative Provenance And The Lanham Act, Mary Lafrance

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Second Class Athletes: The Usoc's Treatment Of Its Paralympians, Jason Kroll

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Comment: Riaa V. Verizon And How The Dmca Subpoena Power Became Powerless, Katherine Raynolds

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 23, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Attorney Liability Under The State Securities Laws: Landscapes And Minefields, Marc I. Steinberg, Chris Classen

Faculty Journal Articles and Book Chapters

Attorneys face significant liability exposure under the state securities laws, and they can be held primarily liable when they are "sellers" of securities, or under some state statutes, like California, when they are experts. Depending on the applicable jurisdiction and counsel's status relative to the subject client, secondary liability may be incurred. In a number of states, counsel has liability exposure based on materially aiding the primary violator with the requisite intent.

This article surveys and analyzes attorney liability under state securities law. After presenting a succinct overview of applicable state law in Part II, the article then provides a …

Book Review Of James Q. Whitman’S “Harsh Justice: Criminal Punishment And The Widening Divide Between America And Europe", Lloyd Bonfield

Other Publications

No abstract provided.

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Book Review Of Steven Harmon Wilson’S The Rise Of Judicial Management In The U.S. District Court, Southern District Of Texas, Edward A. Purcell Jr.

Other Publications

No abstract provided.

Clinton's Guantanamo, Brandt Goldstein

Other Publications

No abstract provided.

Questionable Summary Judgments, Appearances Of Judicial Bias, And Insurance Defense In Texas Declaratory-Judgment Trials: A Proposal And Arguments For Revising Texas Rules Of Civil Procedure 166a(A), 166a(B), And 166a(I), Willy E. Rice

Faculty Articles

Economic necessity, expanding dockets, and judicial bias and unfairness are reasons for removing summary judgement practice from declaratory judgment trials in Texas. The Texas Supreme Court adopted the summary judgment rule primarily to prevent juries from considering arguably groundless causes, to reduce costs, and to increase "the efficient administration of justice." The Texas Supreme Court could prevent summary judgment practice in declaratory judgment cases.

Texas's judges have the power to decide questions of fact and law when considering whether to award declaratory relief, negating the perceived need to entertain motions for summary relief. Trial judges must employ those doctrines to …

Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …

The Limits Of American Generosity, Raj Bhala

Fordham International Law Journal

This Article discusses generosity and its relevance in international trade law. Generosity, then - in international trade law - does matter, at least if a better world for the poor is imagined and if their world view is acknowledged. With good reason, many individual Americans - from the Great Plains of Kansas to the five boroughs of New York City - regard themselves as generous people. They give as private citizens, and through their favorite non-governmental organizations ("NGOs"), especially their churches, mosques, synagogues, and other houses of worship. Yet, from overseas, America is not perceived as a generous nation - …

Wrong-Sizing International Justice? The Hybrid Tribunal In Sierra Leone, Chandra Lekha Sriram

Fordham International Law Journal

Even as the International Criminal Court undertakes investigations in Uganda and the Democratic Republic of Congo, policymakers and academics continue to debate what the “right” tools to respond to past atrocities are. Naturally there are concerns that justice must be done, weighed against concerns that weak States will be destabilized by attempts at accountability. While many have celebrated the entry into force of the International Criminal Court Statute and the exercise of universal jurisdiction, the United States continues to challenge both of these tools of international justice as undemocratic and illegitimate. There are also reasons to be concerned that tools …

Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel

Fordham International Law Journal

An article devoted to the European Court of Justice's (“ECJ” or the “Court”) judicial review of the European Central Bank's (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, …