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2006

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Articles 2131 - 2160 of 11384

Full-Text Articles in Law

Wearing Two Hats: Life As A Scholar And Activist, Nadine Strossen Jul 2006

Wearing Two Hats: Life As A Scholar And Activist, Nadine Strossen

Tulsa Law Review

No abstract provided.

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Rewriting The Establishment Clause For One Nation Under (A) God, Steven G. Gey Jul 2006

Rewriting The Establishment Clause For One Nation Under (A) God, Steven G. Gey

Tulsa Law Review

No abstract provided.

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The Bull By The Horns: Nadine Strossen, Pornography, And Free Speech, Melvin I. Urofsky Jul 2006

The Bull By The Horns: Nadine Strossen, Pornography, And Free Speech, Melvin I. Urofsky

Tulsa Law Review

No abstract provided.

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Of Pragmatism And Principle: A Second Look At The Expulsion Of Elizabeth Gurley Flynn From The Aclu's Board Of Directors, Burt Neuborne Jul 2006

Of Pragmatism And Principle: A Second Look At The Expulsion Of Elizabeth Gurley Flynn From The Aclu's Board Of Directors, Burt Neuborne

Tulsa Law Review

No abstract provided.

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Torch (July/August 2006), Amy Homans, Civil Rights Team Project Jul 2006

Torch (July/August 2006), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

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Media Scholars As Activists: Media Deconcentration As Social Reform , Eli Noam Jul 2006

Media Scholars As Activists: Media Deconcentration As Social Reform , Eli Noam

Tulsa Law Review

No abstract provided.

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Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee Jul 2006

Reverse Engineering Of Computer Programs Under The Dmca: Recognizing A "Fair Access" Defense, Donna L. Lee

Marquette Intellectual Property Law Review

Courts have consistently held that reverse engineering constitutes fair use under the Copyright Act. When Congress enacted the DMCA, it intended to codify the settled law. Nonetheless, the exemption Congress carved out for reverse engineering in the DMCA is too narrowly crafted to accommodate the many different purposes of reverse engineering. This Comment suggests that courts should develop a fair access defense for reverse engineering undertaken for purposes that do not satisfy the requirements of the DMCA exemption but do enable other, fair use-defensible uses of computer programs. The Comment outlines three factors to consider in applying a fair access …

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All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist Jul 2006

All Rights Reserved? Cultural Monopoly And The Troubles With Copyright , Michael Geist

Marquette Intellectual Property Law Review

With an increasing ease for one to download, trade and share information, there is also an increasing desire by companies, corporations and private interests to protect their works. In a time where everything can be commoditized and ideas can be bought and sold at a price, a question we must answer is - Who owns our creativity? Must all rights be reserved? This lecture explores the growth of the citizen journalist and the blossoming of independent creativity online. He also examines the concerns with copyright: how lobby groups have consistently pushed for ever stronger rules. Finally, Dr. Geist presents the …

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Preventing The Hybrid From Backfiring: Delivery Of Benefits To The Working Poor Through The Tax System, Leslie Book Jul 2006

Preventing The Hybrid From Backfiring: Delivery Of Benefits To The Working Poor Through The Tax System, Leslie Book

Working Paper Series

This article analyzes the government’s increased use of the tax system to deliver benefits to the working poor. The hybrid in this article is the earned income tax credit (EITC), one of the country’s largest anti-poverty programs. The EITC is hybrid in that it is administered in the tax system but is increasingly redistributive, like traditional welfare programs. It reveals that the hybrid tax and welfare nature of the delivery of benefits to the working poor through the tax system results in some significant benefits, such as higher participation and lower administrative costs, but also a weakness in the form …

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Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi Jul 2006

Why Medical Malpractice Caps Are Wrong, Patrick A. Salvi

Northern Illinois University Law Review

In recent years, many states have passed legislation limiting the amount of recovery in medical malpractice cases. One primary purpose behind these caps is to lower medical malpractice insurance premiums. Unfortunately, damage caps neither reduce malpractice premiums nor prevent premium increases. In addition, damage caps neither lower consumer health care costs nor prevent frivolous litigation. Even worse, damage caps prevent victims of malpractice from being fully compensated for damages they received as a result of another's negligence. Not only are damage caps incapable of effecting tort reform, but they have a catastrophic effect on those victims, who receive unfair and …

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The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen Jul 2006

The Effects Of The Corporate Diversification Trend On Trademarks, Katherine E. Halmen

Marquette Intellectual Property Law Review

In today's business world, companies are increasingly adopting diversification strategies through which they expand into diverse and unrelated business areas. Of additional importance with regard to trademarks and the future of trademark law is the fact that the trend toward corporate diversification is growing. To address the impact of the corporate diversification trend upon trademark law, courts have utilized various methodologies. Some courts have focused primarily upon the reasonably prudent consumer and how he or she is affected by corporate diversification. With regard to the use of trademarks on a variety of products, courts have often taken into account whether …

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Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats Jul 2006

Conditioning Functionality: Untangling The Divergent Strands Of Argument Evidenced By Recent Case Law And Commentary , Justin Pats

Marquette Intellectual Property Law Review

The protection of trade dress has become increasingly clouded in recent years. A forcethe functionality doctrinehas been implemented to police this intersection between patent and trademark law. Unfortunately, courts have struggled to arrive at a common definition of functionality. This comment examines the functionality doctrine and proposes a four-factor decay test as a uniform approach to functionality. The test asks the following questions regarding a product feature: (1) Is it essential to the use or purpose of the article?; (2) Does it have any current market effect on the cost or quality of the article?; (3) Is there a significant …

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Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby Jul 2006

Continuing Commercial Impression: Applications And Measurement , Gideon Mark, Jacob Jacoby

Marquette Intellectual Property Law Review

This Article examines applications and measurement of continuing commercial impression, which is the meaning or idea a trademark or trade dress conveys to consumers. The doctrine is relevant in a variety of contexts, including abandonment, tacking, claim preclusion, and the Morehouse defense. A number of courts considering the issue have concluded that continuing commercial impression is a pure question of law. This article argues that such a view is incorrect, and that the doctrine should present a mixed question of law and fact. In determining whether continuing commercial impression exists, the sole factor should not be the visual or aural …

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Religious Group Autonomy: Further Reflections About What Is At Stake, Kathleen A. Brady Jul 2006

Religious Group Autonomy: Further Reflections About What Is At Stake, Kathleen A. Brady

Working Paper Series

This article addresses the protections afforded by the First Amendment when government regulation interferes with the internal activities or affairs of religious groups. In previous pieces, I have argued that the First Amendment should be construed to provide religious groups a broad right of autonomy over all aspects of internal group operations, those that are clearly religious in nature as well as activities that seem essentially secular. In my view, such autonomy is necessary to preserve the ability of religious groups to generate, live out and communicate their own visions for social life, including ideas that can push the norms …

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1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn B. Cane, Jennifer C. Erdelyi Jul 2006

1031 Tenant In Common Exchanges: A "Tic"King Time Bomb At The Intersection Of Real Estate, Securities, And Tax Law?, Marilyn B. Cane, Jennifer C. Erdelyi

University of Miami Business Law Review

No abstract provided.

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Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell Jul 2006

Reviewed Work: Understanding Institutional Diversity By Elinor Ostrom, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

No abstract provided.

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Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof Jul 2006

Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof

Cornell Journal of Law and Public Policy

No abstract provided.

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Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin Jul 2006

Gonzales V. Raich; Federalism As A Casualty Of The War On Drugs, Ilya Somin

Cornell Journal of Law and Public Policy

No abstract provided.

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Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson Jul 2006

Booker On Crack: Sentencing’S Latest Gordian Knot, Steven L. Chanenson

Cornell Journal of Law and Public Policy

No abstract provided.

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Coke And Smack At The Drugstore: Harm Reductive Drug Legalization: An Alternative To A Criminalization Society, Noah Mamber Jul 2006

Coke And Smack At The Drugstore: Harm Reductive Drug Legalization: An Alternative To A Criminalization Society, Noah Mamber

Cornell Journal of Law and Public Policy

No abstract provided.

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An Empirical Analysis Of Habeas Corpus: The Impact Of Teague V. Lane And The Anti-Terrorism And Death Penalty Act On Habeas Petition Success Rates And Judicial Efficiency, Joann Lee Jul 2006

An Empirical Analysis Of Habeas Corpus: The Impact Of Teague V. Lane And The Anti-Terrorism And Death Penalty Act On Habeas Petition Success Rates And Judicial Efficiency, Joann Lee

Cornell Journal of Law and Public Policy

No abstract provided.

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Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent Jul 2006

Trial Practice And Procedure, John O'Shea Sullivan, Ashby L. Kent

Mercer Law Review

The 2005 survey period yielded several noteworthy decisions relating to federal trial practice and procedure, many of which concerned issues of first impression in the Eleventh Circuit Court of Appeals. This Article analyzes several recent developments in the Eleventh Circuit, including significant rulings in the areas of arbitration, civil procedure, statutory interpretation, personal jurisdiction, subject matter jurisdiction, and other issues of interest to the trial practitioner.

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The Constitutional Rights Of Non-Custodial Parents, David D. Meyer Jul 2006

The Constitutional Rights Of Non-Custodial Parents, David D. Meyer

Faculty Scholarship

No abstract provided.

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A Sociological Approach To The Negotiation Of Military Base Agreements, Ryan M. Scoville Jul 2006

A Sociological Approach To The Negotiation Of Military Base Agreements, Ryan M. Scoville

University of Miami International and Comparative Law Review

The United States is involved in a substantial reconfiguration of its overseas military bases that requires negotiating new base agreements with prospective host nations and amending old agreements with others. U.S. officials must grapple with the effects of anti-base social movements during this process. However, if history is any indication, these officials are unlikely to succeed fully. Both the United States's historical approach and much of the relevant scholarship on military bases underemphasize an important issue in the negotiation of base agreements: the domestic political contexts of host nations. Borrowing from social movements theory, this Article argues that the United …

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Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman Jul 2006

Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman

Faculty Publications

The Missouri General Assembly, like a number of other state legislatures, undertook to reform its statutes relating to eminent domain during the 2006 legislative session. This article is the story of that effort and an analysis of the result. I write from a personal perspective. I was fortunate to have been personally involved in many of the decisions that were made as the bill, House Bill 1944, made its was through the legislative process. This opportunity was, I think, fairly unusual for a law professor; in thirty-seven years of teaching property law, I had never previously been so closely engaged …

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'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii Jul 2006

'Tis A Gift To Be Simple: A Model Reform Of The Federal Sentencing Guidelines, Frank O. Bowman Iii

Faculty Publications

This essay introducing the June 2006 edition of the Federal Sentencing Reporter (Vol. 18, No. 5) describes two important contributions to the movement for real reform of the federal sentencing system. First, Professor Bowman summarizes the recommendations of the Constitution Project Sentencing Initiative (CPSI) report on federal sentencing. The CPSI report, reproduced in this Issue, cautions against any over-hasty legislative response to the Supreme Court's decision in United States v. Booker, suggests some near-term improvements to the existing federal sentencing system, and then sets out a framework for a reformed and markedly simplified federal sentencing regime. Second, Professor Bowman describes …

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The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard Jul 2006

The Silent Criminal Defendant And The Presumption Of Innocence: In The Hands Of Real Jurors, Is Either Of Them Safe, Mitchell J. Frank, Dawn Broschard

Faculty Scholarship

No abstract provided.

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Symposium Transcript, Sandra Coliver, Rhonda Copelon, Joel Filártiga, Dolly Filártiga, Felice Gaer, John Huerta, Sidney Rosdeitcher, Ralph Steinhardt, Peter Weiss, Robert White Jul 2006

Symposium Transcript, Sandra Coliver, Rhonda Copelon, Joel Filártiga, Dolly Filártiga, Felice Gaer, John Huerta, Sidney Rosdeitcher, Ralph Steinhardt, Peter Weiss, Robert White

City University of New York Law Review

Editor’s Note: On June 30, 1980, the Second Circuit Court of Appeals decided Filártiga v. Peña-Irala , a groundbreaking case that used the Alien Tort Claims Act to achieve justice for victims of international human rights violations. The twenty-fifth anniversary of the Second Circuit Filártiga decision was celebrated on November 2, 2005 by the International Law Committee of the Association of the Bar of the City of New York, the Center for Constitutional Rights (CCR), and the New York City Law Review with “The Making of Filártiga v. Peña: Alien Tort Claims Act After Twenty-Five Years” at the Association of …

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Government Gets In The Game: Strategic Philanthropy Isn't Just For Foundations Anymore, Jeanne B. Mullgrav Jul 2006

Government Gets In The Game: Strategic Philanthropy Isn't Just For Foundations Anymore, Jeanne B. Mullgrav

City University of New York Law Review

No abstract provided.

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A Brief Critique Of The Emaciated State And Its Reliance On Non-Governmental Organizations To Provide Social Services, Dana Neacsu Jul 2006

A Brief Critique Of The Emaciated State And Its Reliance On Non-Governmental Organizations To Provide Social Services, Dana Neacsu

City University of New York Law Review

No abstract provided.

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