Law Commons^™

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.

Providing Material Support To Violate The Constitution: The Usa Patriot Act And Its Assault On The 4th Amendment, Christopher Metzler

North Carolina Central Law Review

No abstract provided.

Daimlerchrysler V. Cuno - Plaintiffs Lack Standing To Challenge State Franchise Tax Credit In Federal Court, According To The Supreme Court, Sue Ann Mota

North Carolina Central Law Review

No abstract provided.

Bargain Basement Annexation: How Municipalities Subvert The Intent Of North Carolina Annexation Laws, Elizabeth R. Connolly

North Carolina Central Law Review

No abstract provided.

Oppression Through Violence: The Case Of Colombia - An Expansion Of The Fetish Object, Harris J. Corey

North Carolina Central Law Review

No abstract provided.

Where Sexual Privacy Meets Public Morality: How Williams V. King Is Instructive For The Fourth Circuit In Applying Public Morality As A Legitimate State Interest After Lawrence V. Texas, Douglas E. Nauman

North Carolina Central Law Review

No abstract provided.

Fsu Law Magazine (Fall 2006), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

A Legal Miscellanea: Volume 3, Number 2, Jacob Burns Law Library George Washington University Law School

A Legal Miscellanea: Archives (Print)

A Newsletter for the Friends of the Jacob Burns Law Library, highlighting the Library's collections, services, recent acquisitions, events and exhibits.

Beyond Unconscionability: Class Action Waivers And Mandatory Arbitration Agreements, J. Maria Glover

Vanderbilt Law Review

We live in an age of convenience. From financial transactions to electronic correspondence, we frequently deal with large corporations that provide services in our daily lives. One of the prices we pay for the convenience of these transactions, however, is that our commercial relationships increasingly are based on standard form contracts written by large corporations. While these standard form contracts are necessary to an economically efficient society, the growing use of mandatory arbitration provisions and clauses that prohibit class actions in these contracts raises the spectre of corporate abuse.

This reality of modern commercial life brings into conflict two particular …

Repeat Infringement In The Digital Millennium Copyright Act, Andres Sawicki

Articles

No abstract provided.

Protecting Your Personal Privacy: A Self-Help Guide For Judges And Their Families (2006), Chicago Bar Association’S Privacy Task Force, John Marshall Law School Center For Information Technology & Privacy Law, Leslie Ann Reis

Faculty White Papers

“I believe that the Internet is a brave new world in the matter of judicial security.” – Testimony of Joan H. Lefkow, United States District Judge, before the Judiciary Committee of the United States Senate (May 18, 2005).

Your personal information may be no farther away than a mouse-click... Your name, locations of your home and workplace, your phone number and email address, details of your family members, your political leanings and many more pieces of information are available through a wide array of public and private sources. But, this is nothing new. Some personal information about you has always …

Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Fcc's Indecent Proposal: Copyright Implications Of The Proposed "Record And Retain" Rule, Christopher S. Reed

Buffalo Intellectual Property Law Journal

No abstract provided.

Do As I Say, Not As I Do: An International And Comparative Study Of Governments' Rights To "Infringe" Patents In Light Of The Federal Circuit's Recent Interpretation Of 28 U.S.C. § 1498 And A Call For Congress To Modernize The Statute, Blake Evan Reese

Buffalo Intellectual Property Law Journal

No abstract provided.

Right Of Publicity: The Right Of Publicity Fair Use Doctrine - Adopting A Better Standard, Andrew Koo

Buffalo Intellectual Property Law Journal

No abstract provided.

What Copyright Is: Time To Remember The Basics, Lior Zemer

Buffalo Intellectual Property Law Journal

No abstract provided.

Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh

Michigan Telecommunications & Technology Law Review

The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to …

Defining Freedom Of The College Press After "Hosty V. Carter", Jessica B. Lyons

Vanderbilt Law Review

The application of the First Amendment to public universities has long been a source of confusion and frustration for both universities and courts. In particular, application of the First Amendment to student publications such as newspapers, magazines, and yearbooks has led to a great deal of litigation and controversy. The protection afforded by the First Amendment to these publications at the university level is extremely unclear and the circuit courts' inconsistent treatment of the college press has further confused the issue.

How should the First Amendment apply to public universities? An instinctive response is that a college student should enjoy …

Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber

Faculty Scholarship

No abstract provided.

Intellectual Property Rights In Advertising, Lisa P. Ramsey

Michigan Telecommunications & Technology Law Review

Before the twentieth century, U.S. courts refused to protect copyright in advertisements. Until the middle of the twentieth century, advertising slogans generally were not registered or protected under U.S. trademark law. Today, firms can acquire copyright protection in advertising and there is no categorical rule against trademark registration or protection of slogans. This Article questions whether this extension of copyright protection to advertising and trademark protection to slogans has a satisfactory utilitarian justification[...] If it is too difficult to completely eliminate copyright protection of advertising, Congress should at least consider reducing such protection to increase the free flow of advertising …

Using Dvd Covers To Teach Weight Of Authority, Michael J. Higdon

Scholarly Works

Using various examples, this essay explores how the movie critic quotes that companies select to grace the cover of DVDs (and ultimately help sell the product) can actually be used to teach students about weight of authority.

Harassing Women With Power: The Case For Including Contra-Power Harassment Within Title Vii, Ann C. Juliano

Working Paper Series

After overcoming the obstacles to advancement, women who reach managerial positions are still subject to harassment. At times, this harassment comes from subordinates. The incidence of those employees with “lesser” power harassing those with more power presents a dilemma for traditional thinking on sexual harassment and for the developing judicial doctrine of sexual harassment. It is well-established that Title VII protects employees from discrimination because of sex. Yet, it is unclear whether the statute reaches as far as contra-power harassment.

Traditionally, sexual harassment was considered an abuse of power in the workplace. If this is true, how can female supervisors …

The Brain-Disordered Defendant: Neuroscience And Legal Insanity In The Twenty-First Century, Richard E. Redding

Working Paper Series

Brain-damaged defendants are seen everyday in American courtrooms, and in many cases, their criminal behavior appears to be the product of extremely poor judgment and self-control. Some have a disorder in the frontal lobes, the area of the brain responsible for judgment and impulse control. Yet because defendants suffering from frontal lobe dysfunction usually understand the difference between right and wrong, they are unable to avail themselves of the only insanity defense available in many states, a defense based on the narrow McNaghten test. “Irresistible impulse” (or “control”) tests, on the other hand, provide an insanity defense to those who …

2006-2007 Fordham Law School Faculty Bibliography, Fordham Law School Library

Faculty Bibliography

No abstract provided.

State Courts And The Interpretation Of Federal Statutes, Anthony J. Bellia Jr.

Vanderbilt Law Review

In the debate over how federal courts should interpret federal statutes, "faithful agent" theories stand pitted against "dynamic" theories of statutory interpretation. The following questions lie at the heart of the debate: Is the proper role of federal courts to strive to implement the commands of the legislature-in other words, to act as Congress's faithful agents? Or, is the proper role of federal courts to act as partners with Congress in the forward-looking making of federal law-in other words, to interpret statutes dynamically? Proponents of faithful agent theories include both "textualists" and "purposivists." Textualists have argued that federal courts best …

Verifiable Electronic Voting System: An Open Source Solution, Halina Kaminski, Mark Perry

Computer Science Publications

Elections, referenda and polls are vital processes for the operation of a modern democracy. They form the mechanism for transferring power from citizens to their representatives. Although some commentators claim that the pencil-and-paper systems used in countries such as Canada and UK are still the best method of avoiding voterigging, recent election problems, and the need for faster, better, cheaper vote counting, have stimulated great interest in managing the election process through the use of electronic voting systems. While computer scientists, for the most part, have been warning of the possible perils of such action, vendors have forged ahead with …

Performance Rights For Software, Mark Perry, Stephen M. Watt

Law Publications

As we use software in increasingly varied contexts, the concept of a software license has become progressively more complex. Software is embedded in devices that do not obviously resemble computers. Web services make software on one computer available to anyone with internet access. An individual may use several computers over the course of the day so the concept of a node locked or individual license is no longer clear. How should time based and single use and consumptive licenses be governed and interact? This paper examines how these and other issues in software licensing can be seen as instances of …

Santa Clara Magazine, Volume 48 Number 2, Fall 2006, Santa Clara University

Santa Clara Magazine

8 - TRUTH, LEGEND, AND JESSE JAMES By Ron Hansen M.A. '95. Jesse James' exploits made him a legend even in his own time. Now the author of the novel The Assassination of Jesse James by the Coward Robert Ford reveals what it takes to get beyond coloring book heroes and villains to understanding a charming psychopath and his killer. Plus insights into the making of the forthcoming film starring Brad Pitt and Casey Affleck.

14 - VIOLENCE IN THE MOVIES By Jim Shepard. Movies keep giving us more motion, more mayhem-which is exactly what we want. But what price …

State Authority In Siting Of Liquefied Natural Gas Import Terminals, Christopher M. Crane

Buffalo Environmental Law Journal

No abstract provided.

Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard

Buffalo Environmental Law Journal

No abstract provided.