Law Commons^™

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, Tyler T. Ochoa

Faculty Publications

This article highlights nine U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. This review was originally delivered as a speech at The 50th Annual Conference of Developments in Intellectual Property Law held by The John Marshall Law School Center for Intellectual Property Law on May 26, 2006. Discussing a wide range of cases from peer-to-peer file sharing to standing, the analysis focuses on the most recent developments in copyright.

A Diversity Theory Of Charitable Tax Exemption -- Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Scholarly Works

Part I of the article presents Robin Paul Malloy's Law and Market Economy Theory (“LMT”) as an example of the basis for a normative explanation of the charitable tax exemption. LMT addresses the relationship among law, markets, and culture. Thus, using LMT, this part demonstrates how traditional law and economic analysis, premised on self-interest and wealth maximization, simply does not capture the essence of the many values that impact the marketplace and the market exchange process. Instead, LMT approaches legal analysis in a broader market context and is premised on the need to promote a process of sustainable wealth formation …

Got Wheels?: Article 2a, Standardized Rental Car Terms, And Unilateral Private Ordering, Irma S. Russell

Faculty Works

This Article examines the modern system of unilateral private ordering facilitated by form contracts in the context of standard form contracts for renting a car. Modern law accepts the presumption of a free market and free bargain in the setting of form contracting despite the lack of bargaining power on the consumer side of the deal. The article assesses the importance of defaults and presumptions in contract law, and presents the results of an empirical review of standard agreement forms of ten leading rental car companies, noting examples of significant alterations to common law defaults. The article also explores the …

Through A Glass Darkly: Van Orden, Mccreary, And The Dangers Of Transparency In Establishment Clause Jurisprudence, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Water Forum 2006, Susan Kelly

Publications

No abstract provided.

A Diversity Theory Of Charitable Tax Exemption—Beyond Efficiency, Through Critical Race Theory, Toward Diversity, David A. Brennen

Law Faculty Scholarly Articles

What is the normative rationale for the federal income tax exemption for nonprofit charitable corporations? Even though the exemption dates back to 1894, Congress has failed to fully rationalize it. Though scholars and courts have attempted over the years to come up with a coherent rationale for the charitable tax exemption, their attempts are focused almost exclusively on economic efficiency. Thus, the charitable tax exemption is typically framed by noted tax scholars like Boris Bittker, Henry Hansmann, and others as an economically efficient means of providing certain goods and services to the public. Rationalizing the charitable tax exemption in economic …

Consumer-Driven Health Care: Moral Hazard, The Efficiency Of Income Transfers, And Market Power, John A. Nyman

Connecticut Insurance Law Journal

Consumer-driven health care (CDHC) and health savings accounts (HSAs) have been promoted as ways to reduce national health expenditures. This essay attempts to place these policies in a theoretical perspective. CDHC is intended to reduce expenditures by reducing the additional quantity of health care that consumers purchase when insured, that is, by reducing moral hazard. This essay suggests that while some moral hazard is inefficient and should be discouraged, a large portion moral hazard-the health care that ill consumers can only afford to purchase if they are insured-is actually efficient and should be encouraged. CDHC does not distinguish between these …

Buss Stop: A Policy Language Based Analysis, Angela R. Elbert, Stanley C. Nardoni

Connecticut Insurance Law Journal

No abstract provided.

The Chawla Decision: A Death Knell For The Use Of Life Insurance Trust In Estate Planning?, Reagan N. Clyne

Connecticut Insurance Law Journal

No abstract provided.

The Voting Rights Act Of 1965: A Selected Annotated Bibliography, Terrye Conroy

Faculty Publications

Several remedial or "special" provisions of the Voting Rights Act of 1965, which were enacted as temporary measures and were set to expire in August 2007 if not reauthorized by Congress, were recently extended for another twenty-five years. Ms. Conroy offers a selected bibliography of resources to introduce researchers to the issues involved in the debate over the Act's reauthorization and its future implementation.

Ii. Removal, Remand, And Other Procedural Issues Under The Class Action Fairness Act Of 2005, Lauren D. Fredricks

Loyola of Los Angeles Law Review

No abstract provided.

Iv. Once More Into The Breach, Dear Friends: The Case For Congressional Revision Of The Mass Action Provisions In The Class Action Fairness Act Of 2005, S. Amy Spencer

Loyola of Los Angeles Law Review

No abstract provided.

V. New Rules For Class Action Settlements: The Consumer Class Action Bill Of Rights, Jennifer Gibson

Loyola of Los Angeles Law Review

No abstract provided.

Vi. In Retrospect: A First Year Review Of The Class Action Fairness Act Of 2005, Lonny Sheinkopf Hoffman

Loyola of Los Angeles Law Review

No abstract provided.

Maine Law Magazine - Issue No. 85, University Of Maine School Of Law

Maine Law Magazine

Contents:

• Feature: What Maine Law Faculty, Students and Alumni are Doing to Address Domestic Violence
• Around Campus
• Annual Report
• Faculty Notes
• Class News
• Alumni Events

Title And Copyright Pages, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Front Matter And Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Preserve Or Perish; Destroy Or Drown - Ediscovery Morphs Into Electronic Information Management, Robert D. Brownstone

North Carolina Journal of Law & Technology

No abstract provided.

Fantasy Football: Illegal Gambling Or Legal Game Of Skill, M. Christine Holleman

North Carolina Journal of Law & Technology

No abstract provided.

Way The Winds Are Blowing These Days: The Rapid Growth Of Wind Energy And Legal Hurdles Of North Carolina's General Statutes, Steven G. Bell

North Carolina Journal of Law & Technology

No abstract provided.

Big Disconnect: Will Anyone Answer The Call To Lower Excessive Prisoner Telephone Rates, Ben Iddings

North Carolina Journal of Law & Technology

No abstract provided.

Unfinished Business: The Case For Continuing Special Voting Rights Act Coverage In Florida, Jonel Newman

University of Miami Law Review

No abstract provided.

A Different Model For The Right To Privacy: The Political Question Doctrine As A Substitute For Substantive Due Process, Patrick M. Garry

University of Miami Law Review

No abstract provided.

Guns, Drugs, And. . . Federalism? - Gonzales V. Raich Enfeebles The Rehnquist Court's Lopez-Morrison Framework, David L. Luck

University of Miami Law Review

No abstract provided.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 14, Iss. 2

Cardozo Journal of International and Comparative Law

No abstract provided.

The World Bank And The Ideology Of Reform And Development In International Economic Development Discourse, Joel M. Ngugi

Cardozo Journal of International and Comparative Law

Is the current development reform agenda, especially the one operationalized by the World Bank, Ideological? If so, does it matter? These are the two questions that animate this article. In answering both questions in the affirmative, the article first demonstrates how the current development reform agenda is Ideological. It then discusses why and how it matters that the development reform agenda is Ideological. First, the article argues that Ideological rendering of the development reform agenda effectively weakens the ability of Third World countries to articulate their economic and foreign policies in ways that would benefit their citizenry the most. Second, …

Assessing The Rule Of Law In Russia, Kathryn Hendley

Cardozo Journal of International and Comparative Law

The mainstream scholarly literature and the mass media agree that Russia has made little progress in moving toward the "rule of law." Their negative assessment of the value of law in Russia is buttressed by a recent series of high-profile cases in which the results were clearly manipulated by the Kremlin. This article argues that such cases are aberrations and should not be viewed as reflective of the capacity of the Russian legal system. It documents the profound institutional reforms undertaken over the past two decades. Judged on those terms, it has surely moved closer to the ideal of the …

Modem Legal Reform In Egypt: Shifting Claims To Legal Authority, Shannon M. Roesler

Cardozo Journal of International and Comparative Law

The article challenges the notion that Egyptian legal reform simply replaced Islamic law with European law, instead presenting it as a complex interplay where Islamic legal theory and European influences coexist. It highlights the dynamic process of integrating Islamic principles into the legal system, emphasizing the historical negotiation between fiqh (Islamic jurisprudence) and siyasa (state governance).

Docking The Caroline: Understanding The Relevance Of The Formula In Contemporary Customary International Law Concerning Self-Defense, James A. Green

Cardozo Journal of International and Comparative Law

The famous Caroline incident of 1837 has in the United Nations era been repeatedly cited as representing the position of customary international law with regard to the regulation of forcible action taken in self-defense. Over recent years, however, the relevance of the incident to the contemporary legal regime has been questioned by a number of scholars. This article assesses these criticisms and then employs a different methodology to others that have re-appraised the incident: examining State practice and opinio juris to determine the customary international law of today, against which the Caroline formula can then be analyzed. It is concluded …

Rock, Paper, Scissors, Trademark? A Comparative Analysis Of Motion As A Feature Of Trademarks In The United States And Europe, Lesley Matty

Cardozo Journal of International and Comparative Law

Motion trademarks, or motion marks, represent a unique form of nontraditional trademarks that use movement to distinguish goods and services. Despite their recognition in the U.S. and Europe, motion marks face significant challenges in registration and enforcement due to limited case law and unclear protection standards. This note explores the legal and practical complexities surrounding motion marks, advocating for improved registration processes and alternative legal strategies, such as dilution claims, to enhance their protection.