Law Commons^™

Creative Commons As Conversational Copyright, Michael Carroll

PIJIP Faculty Scholarship

Copyright law's default settings inhibit sharing and adaptation of creative works even though new digital technologies greatly enhance individuals' capacity to engage in creative conversation. Creative Commons licenses enable a form of conversational copyright through which creators share their works, primarily over the Internet, while asserting some limitation on user's right with respect to works in the licensed commons. More specifically, this chapter explains the problems in copyright law to which Creative Commons licenses respond, the methods chosen, and why the machine-readable and public aspects of the licenses are specific examples of a more general phenomenon in digital copyright law …

Small Business, Rising Giant: Policies And Costs Of Section 8(A) Contracting Preferences For Alaska Native Corporations, Jenny J. Yang

Alaska Law Review

No abstract provided.

Inefficient Customs In International Law, Eugene Kontorovich

William & Mary Law Review

This Article explores whether and when rules of customary international law (CIL) can be expected to be efficient. Customary rules are often regarded as desirable because in certain circumstances, they promote the welfare of the group in which they arise. Unless these circumstances apply among states, the efficiency arguments for the legalization of customary norms do not apply. The Article takes as its central observation the divergent treatment of custom in domestic and international law. In international law, if a customary behavior of states can be identified, it is automatically elevated to the status of legal obligation without any independent …

The Diversity Rationale For Affirmative Action In Employment After Grutter: The Case For Containment, Jared M. Mellot

William & Mary Law Review

No abstract provided.

Pretextual Searches And Seizures: Alaska’S Failure To Adopt A Standard, Shardul Desai

Alaska Law Review

No abstract provided.

But These Times Were Supposed To Be A Changing...How Congress Should Regulate 527 Groups In Light Of The Bipartisan Campaign Reform Act, The Vote For Change Tour, And The 2004 Presidential Election, Kevin P. Sullivan

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Salt Equalizer, Vol. 2006, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eileen Kaufman & Tayyab Mahmud, Co-Presidents' Column, at 1.

Jane Dolkart, SALT 2007 Annual Awards Dinner Honors Wildman, Rosenkranz, at 1.

Nancy Cook, Annual Robert Cover Study Group: "Come to New Orleans, But Walk Softly," at 4.

SALT Founder Norman Dorsen to Receive AALS Award, at 4.

Adele M. Morrison, Fall Semester with the Faculty Mentoring Committee, at 5.

Patricia J. Falk, SALT Teaching Conference a Great Success, at 7.

Natsu Taylor Saito, Academic Freedom Committee Report, at 9.

Kathleen Clark, Lift the Military's Gay Ban: Lobby in D.C. on …

Victims And Prison Release: A Modest Proposal, Erin O'Hara O'Connor

Scholarly Publications

No abstract provided.

Appeal No. 0759: D & L Energy, Inc. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2006-65

Restriction Of Tort Remedies And The Constraints Of Due Process: The Right To An Adequate Remedy, Tracy A. Thomas

Tracy A. Thomas

In the recent proliferation of tort reform statutes, the dangerous clause of remedial jurisdiction stripping has sneaked into the law. Reminiscent of federal statutes in other areas of the law, these jurisdictional provisions strip courts of all power to award punitive or non-pecuniary damages in excess of legislative limits. Many states have acted to restrict frivolous claims and excessive recoveries by cabining “McTorts” and “runaway juries.” Regardless of the merits of these policy questions, the use of the simple expedient of remedial jurisdiction to accomplish these purposes raises significant concerns. By arbitrarily restricting an individual’s right to a meaningful remedy, …

Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Reefer Madness: Broken Windows Policing And Misdemeanor Marijuana Arrests In New York, Bernard E. Harcourt, Jens Ludwig

Coase-Sandor Working Paper Series in Law and Economics

No abstract provided.

Second-Order Perfectionism, Cass R. Sunstein

Coase-Sandor Working Paper Series in Law and Economics

In constitutional law, first-order perfectionism represents an effort to cast the Constitution’s ideals in the best constructive light. Ronald Dworkin's conception of law as "integrity" can be seen as a form of first-order perfectionism. By contrast, second-order perfectionism attempts to set out an account of constitutional adjudication that is sensitive to the fallibility of federal judges. Originalism is best defended as a form of second-order perfectionism; the same can be said of Thayerism, captured in the view that judges should uphold statutes unless they are unquestionably violative of the Constitution. Minimalism, which calls for narrow, incompletely theorized judgments, is another …

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Dred Scott And The Crisis Of 1860, Louise Weinberg

Chicago-Kent Law Review

Recent suggestions to the contrary notwithstanding, the Dred Scott decision and the controversy over the extension of slavery into the territories were at the very center of the crisis of 1860. This paper fills in the social, political, economic, and legal backgrounds of that crisis in order to clarify the centrality of Dred Scott in the election of Abraham Lincoln and to the ensuing destruction of the Union.

Stay East, Young Man? Market Repercussions Of The Dred Scott Decision, Jenny B. Wahl

Chicago-Kent Law Review

The Dred Scott decision definitively opened U.S. territories to slavery. This reduced the probability of westward migration for free-soilers, in part because of expected effects on land markets. Although land was an important part of a slaveholder's portfolio, his ability to hold wealth in mobile assets—slaves—meant that he had a different outlook on internal improvements than his Northern brethren, as well as a production process that emphasized relatively abundant labor inputs. Letting slaves into the territories thus led to uncertainty about future land values. This slowed the flow of Northerners west, dragging present land prices downward. In turn, uncertainty about …

Divine Intervention: Re-Examining The "Act Of God" Defense In A Post-Katrina World, Joel Eagle

Chicago-Kent Law Review

From the moment of landfall, Hurricane Katrina instantly became synonymous with unprecedented damage, destruction, and loss. The exceptionally intense storm and subsequent flooding in New Orleans and much of the Gulf Coast was quickly deemed one of the worst disasters in United States history. A particularly destructive consequence of Hurricane Katrina has been the environmental effects, in part caused by oil spills and chemical releases from many of the industrial sources concentrated in the Gulf Coast region.

A question that will likely remain in contention for years or even decades to come is who should be liable for the cleanup …

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.

Disability, Disparate Impact, And Class Actions, Michael Ashley Stein, Michael E. Waterstone

Duke Law Journal

Following Title VII's enactment, group-based employment discrimination actions flourished due to disparate impact theory and the class action device. Courts recognized that subordination that defined a group's social identity was also sufficient legally to bind members together, even when relief had to be issued individually. Woven through these cases was a notion of panethnicity that united inherently unrelated groups into a common identity, for example, Asian Americans. Stringent judicial interpretation subsequently eroded both legal frameworks and it has become increasingly difficult to assert collective employment actions, even against discriminatory practices affecting an entire group. This deconstruction has immensely disadvantaged persons …

Journal Staff

Duke Law Journal

No abstract provided.

Sarbanes-Oxley And Alaska Native Corporations: Do The Regulations Apply?, Mike Murphy

Alaska Law Review

No abstract provided.

Stealing What's Free: Exploring Compensation To Body Parts Sources For Their Contribution To Profitable Biomedical Research, Jo-Anne Yau

The University of New Hampshire Law Review

[Excerpt] “At first blush, donating body parts in the name of science appears to be a beautiful solution to the problem of scarce body parts for research advancements. But a closer investigation reveals an ugly fact: the philanthropic donors—referred to as “Sources” in this article—are subjected to physical and financial exploitation.

Sources play a crucial and indispensable role in biotechnology. Without human body parts, most medical discoveries would not have been possible. Handsome profits can be derived from successful discoveries. But currently in the United States, when a Source provides body parts for research purposes, the researcher, research foundation, and …

The Five Indicia Of Virtual Property, Charles Blazer

The University of New Hampshire Law Review

[Excerpt] “Many Americans use “it” every day. Although it is intangible, it may be worth thousands of dollars. Because we can both control it and prevent other people from controlling it, we assume, without much thought, that we own it. Sometimes we pay someone a monthly fee to hold it for us. Sometimes, simply by using it, we increase its value. When we finish using it, we often sell it.

“It” is virtual property, and it may take the form of an email address, a website, a bidding agent, a video game character, or any number of other intangible, digital …

The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James Thuo Gathii

Buffalo Law Review

No abstract provided.

Beyond Fantasy And Nightmare: A Portrait Of The Jury, Shari Seidman Diamond

Buffalo Law Review

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Race As Fiction: How Film And Literary Fictions Of 'Mulatto' Identity Have Both Fostered And Challenged Social And Legal Fictions Regarding Race In America, Bridget K. Smith

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Editorial Board - Vol. 16, No. 1 2006

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Table Of Contents

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

The Wisdom Of Major League Baseball: Why Free Agency Does Not Spell Doom For European Football, Oscar N. Pinkas

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.