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Articles 901 - 930 of 11365
Full-Text Articles in Law
Ilsa Journal Of International And Comparative Law-Volume 13-2006-2007, Ilya Torchinsky, Jennifer Lucas Keesler, Jessica Kahn, Jaclyn Sheehan, Nalini Dayelsingh, Jennifer Kramer, Annette Novela, Andrea Martini, Jessica Hazelcorn, Tanya Garcia, Kerri O'Brien, Sara Weiss, Misty April-Cygan
Ilsa Journal Of International And Comparative Law-Volume 13-2006-2007, Ilya Torchinsky, Jennifer Lucas Keesler, Jessica Kahn, Jaclyn Sheehan, Nalini Dayelsingh, Jennifer Kramer, Annette Novela, Andrea Martini, Jessica Hazelcorn, Tanya Garcia, Kerri O'Brien, Sara Weiss, Misty April-Cygan
ILSA Journal Mastheads
No abstract provided.
Nova Law Review-Volume 31-2006-2007, Joanne Charles, Nicholas Lake, Michelle Jaffe, Lundi Mccarthy, Dara Jebrock, Bryan Kaufman, Kristen A. Lake, Michelle Shabo, Jennifer Viciedo, Stacy Bennings, Gabriela Cortes, Paul Farago, Laura Jacobson, Meredith Lester, Ethan Wall, Jason Weissbein, Sarah L. Andich, Bradley Davis, Janine Garlitz, Jon Michael Kendrick, Elisabeth Divine Reid
Nova Law Review-Volume 31-2006-2007, Joanne Charles, Nicholas Lake, Michelle Jaffe, Lundi Mccarthy, Dara Jebrock, Bryan Kaufman, Kristen A. Lake, Michelle Shabo, Jennifer Viciedo, Stacy Bennings, Gabriela Cortes, Paul Farago, Laura Jacobson, Meredith Lester, Ethan Wall, Jason Weissbein, Sarah L. Andich, Bradley Davis, Janine Garlitz, Jon Michael Kendrick, Elisabeth Divine Reid
Law Review Mastheads
No abstract provided.
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
Faculty Scholarship
No abstract provided.
The Nova Southeastern Lawyer, Fall 2006, Volume 12, Number 7, Nova Southeastern University - Shepard Broad Law Center
The Nova Southeastern Lawyer, Fall 2006, Volume 12, Number 7, Nova Southeastern University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah
Michigan Telecommunications & Technology Law Review
By putting themselves out in front as the victims, the Recording Industry Association of America (RIAA) helped reshape the governing norms of the times, and as a result, people viewed the act of file-sharing differently. By forcing people to see music downloading as a form of theft, the RIAA was quite successful in deterring it. In the process, they also proposed a radical view of theft that changes our basic economic understandings of the action[...] This paper argues that the RIAA's model for deterring music theft could be successfully used to deter many other forms of computer theft, and, specifically, …
File Sharing, Copyright, And The Optimal Production Of Music, Gerald R. Faulhaber
File Sharing, Copyright, And The Optimal Production Of Music, Gerald R. Faulhaber
Michigan Telecommunications & Technology Law Review
Much economic, political, judicial and legal attention has been showered on the significant changes currently taking place within the music production and distribution business forced by the use of the Internet for both file sharing (of unauthorized copyrighted material) and more recent online (legal) music distribution. The strong demand for music, coupled with the low cost of distributing illegal copies via peer-to-peer (P2P) systems, is unraveling the business model by which music has traditionally been created, developed, and distributed. Application of traditional copyright law has been ineffective in stopping the loss of business in the traditional channels. Producers have implemented …
The Half-Fairness Of Google's Plan To Make The World's Collection Of Books Searchable, Steven Hetcher
The Half-Fairness Of Google's Plan To Make The World's Collection Of Books Searchable, Steven Hetcher
Michigan Telecommunications & Technology Law Review
Google's major new initiative is to undertake the task of digitizing the world's collection of books so as to make them searchable. The very idea is audacious, but what is more so is that Google plans to copy without first seeking the permission of the owners of these works. Google Print would make available what is, by conventional measures at least, the highest grade of information--books produced by millions of the world's leading scholars. This is in stark contrast to the inconsistent quality spectrum one encounters through other online sources such as peer-to-peer networks and blogs, where there currently exists …
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Trends In Protection For Informational Works Under Copyright Law During The 19th And 20th Centuries, Miriam Bitton
Michigan Telecommunications & Technology Law Review
The debate over databases protection has failed to identify and discuss some of its most basic and preliminary assumptions, accepting instead many of the historical aspects involved as given. This Article therefore seeks to challenge these underlying assumptions by providing a fresh look at the historical dimension of the debate. One common argument regarding database protection is that the U.S. Supreme Court decision in Feist v. Rural Publications Inc. brought about a dramatic change in the legal landscape, displacing the then-accepted "sweat of the brow" rationale for protecting rights in databases. This Article's historical analysis therefore thoroughly examines the treatment …
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Three Reactions To Mgm V. Grokster, Pamela Samuelson
Michigan Telecommunications & Technology Law Review
It was prescient of the Michigan Telecommunications and Technology Law Review to have organized a conference to discuss the Supreme Court's decision in Metro-Goldwyn-Mayer, Inc. v. Grokster, Inc. As the articles in this issue reveal, commentators have had somewhat mixed reactions to the Grokster decision. Perhaps I am the most mixed (or mixed up) about Grokster among its commentators, for I have had not just one but three reactions to the Grokster decision. My first reaction was to question whether MGM and its co-plaintiffs really won the Grokster case, or at least won it in the way they had hoped. …
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
The Temporal Dynamics Of Capable Of Substantial Noninfringing Uses, R. Anthony Reese
Michigan Telecommunications & Technology Law Review
The copyright issues raised by "dual-use" technologies--equipment that can be used both in ways that infringe copyright and in ways that do not--first gained prominence in connection with the litigation over videocassette recorders that culminated in the Supreme Court's decision in Sony in 1984. Copyright owners had asserted that Sony's manufacture and distribution of VCRs rendered it liable for copyright infringement committed by customers using their Sony VCRs. The Supreme Court in Sony concluded that copyright law did not impose such secondary liability where the device in question was capable of substantial noninfringing uses (and that the VCR was such …
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
The Intent Element Of Inducement To Infringe Under Patent Law: Reflections On Grokster, Lynda J. Oswald
Michigan Telecommunications & Technology Law Review
In June, 2005, the United States Supreme Court set forth an "inducement" rule in MGM Studios, Inc. v. Grokster, Ltd. that imposes secondary liability on "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement." The Court emphasized the limitations of the liability standard it was setting forth, stating that the target was only "purposeful, culpable expression and conduct, and thus does nothing to compromise legitimate commerce or discourage innovation having a lawful promise." Yet, the liability standard set forth in Grokster …
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Michigan Telecommunications & Technology Law Review
Before the unanimous decision in eBay v. MercExchange, patent holders were almost always granted an injunction against an infringer. In fact, the Federal Circuit, in deciding eBay, noted that, upon a finding of infringement, an injunction would issue unless there were extraordinary circumstances. The Court, in a brief opinion, disagreed with the Federal Circuit and explained that the injunction issue in a patent case must be analyzed under the traditional four-factor test.[...] Is the four-factor test fairer or better than the Federal Circuit's near-automatic injunction rule? It is certainly more difficult to administer a factor test as compared to a …
21st Century Copyright Law In The Digital Domain Symposium Transcript, Symposium Panelists
21st Century Copyright Law In The Digital Domain Symposium Transcript, Symposium Panelists
Michigan Telecommunications & Technology Law Review
21st Century Copyright Law in the Digital Domain Symposium held at Universtiy of Michigan Law School Friday, March 24, 2006
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
York County Court Of Common Pleas, Jury Utilization And Representation Assessment, Paula Hannaford-Agor
York County Court Of Common Pleas, Jury Utilization And Representation Assessment, Paula Hannaford-Agor
Faculty Publications
In May 2006, the York County Office of Court Administration requested that the National Center for State Courts (NCSC) assess its jury management and utilization practices and make recommendations for improvement. The impetus for this request came from concerns both within the Office of Court Administration and from the Administrative Office of the Pennsylvania Courts that existing jury management practices make inefficient use of jurors, imposing excessive and unnecessary costs on the court and on the citizens who report for jury service. The York County Office of Court Administration also expressed concern that its jury pool may not adequately reflect …
Court Review: Volume 43, Issue 3 – Editor’S Note, Steve Leben
Court Review: Volume 43, Issue 3 – Editor’S Note, Steve Leben
Court Review: Journal of the American Judges Association
We welcomed Alan Tomkins as coeditor of Court Review in the last issue. This issue marks my return to Court Review from the overall leadership of the American Judges Association (see page 111 for the new president’s opening remarks). I certainly enjoyed my year as AJA president, but it will be great to be able to refocus on Court Review and its role as an aid to judges both in doing their daily work and in protecting the role of independent judges in our society.
Court Review: Volume 43, Issue 3 – Table Of Contents
Court Review: Volume 43, Issue 3 – Table Of Contents
Court Review: Journal of the American Judges Association
Remarks on Judicial Independence by Ruth Bader Ginsburg
Recent Civil Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Jailing Ourselves: Standards Used for Declaring United States Citizens to Be Enemy Combatants by Joseph Carl Storch
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 3 – Cover
Court Review: Volume 43, Issue 3 – Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 43, Issue 3 – Complete Issue
Court Review: Volume 43, Issue 3 – Complete Issue
Court Review: Journal of the American Judges Association
Table of Contents:
Remarks on Judicial Independence by Ruth Bader Ginsburg
Recent Civil Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Recent Criminal Decisions of the United States Supreme Court: The 2006-2007 Term by Charles H. Whitebread
Jailing Ourselves: Standards Used for Declaring United States Citizens to Be Enemy Combatants by Joseph Carl Storch
Editor’s Note
President’s Column
The Resource Page
Court Review: Volume 43, Issue 3 – Recent Civil Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles Whitebread
Court Review: Volume 43, Issue 3 – Recent Civil Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles Whitebread
Court Review: Journal of the American Judges Association
The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Significant 5-4 civil decisions included ones upholding the Partial-Birth Abortion Ban Act of 2003, limiting Title VII pay discrimination suits by strictly interpreting the date the statute of limitations begins to run, limiting the ability of school districts to consider race in assigning students to schools, and further limiting punitive-damage claims.
Court Review: Volume 43, Issue 3 – Jailing Ourselves: Standards Used For Declaring United States Citizens To Be Enemy Combatants, Joseph Carl Storch
Court Review: Volume 43, Issue 3 – Jailing Ourselves: Standards Used For Declaring United States Citizens To Be Enemy Combatants, Joseph Carl Storch
Court Review: Journal of the American Judges Association
On a clear, blue September morning in 2001, nineteen men hijacked four commercial airplanes headed toward the West Coast. They crashed two into the World Trade Center in New York City, one into the Pentagon in Northern Virginia, and one into a Pennsylvania field. In the wake of the shocking attack, Congress authorized President Bush to use military force against those who committed the attack, commencing a “war on terror” that still rages today.
The government has fought the “war on terror” on many fronts. The military is engaged in Afghanistan and Iraq; diplomatic overtures have been made to Libya …
Court Review: Volume 43, Issue 3 – Remarks On Judicial Independence, Ruth Bader Ginsburg
Court Review: Volume 43, Issue 3 – Remarks On Judicial Independence, Ruth Bader Ginsburg
Court Review: Journal of the American Judges Association
Essential to the rule of law in any land is an independent judiciary, judges not under the thumb of other branches of Government, and therefore equipped to administer the law impartially. As experience in the United States and elsewhere confirms, however, judicial independence is vulnerable to assault; it can be shattered if the society law exists to serve does not take care to assure its preservation.
On the essence of independent, impartial judging, a comment by former U.S. Chief Justice William H. Rehnquist seems to me right on target. Using a metaphor from his favorite sport, he compared the role …
Court Review: Volume 43, Issue 3 – The Resource Page
Court Review: Volume 43, Issue 3 – The Resource Page
Court Review: Journal of the American Judges Association
Websites:
Center for Court Innovation www.problemsolvingjustice.org
National Center for State Courts www.ncsconline.org/PSC
The Polling Report www.pollingreport.com
Court Review: Volume 43, Issue 3 – Recent Criminal Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles H. Whitebread
Court Review: Volume 43, Issue 3 – Recent Criminal Decisions Of The United States Supreme Court: The 2006-2007 Term, Charles H. Whitebread
Court Review: Journal of the American Judges Association
The past Term of the Court was one in which it swung to the right. A single justice, Justice Anthony Kennedy, made all the difference—being in the majority in every five-to-four decision that split along ideological lines. Cases of particular interest to state-court judges held that a passenger in a routine traffic stop is seized for Fourth Amendment purposes, that California’s determinative sentencing law was unconstitutional, and that the Court’s decision on Crawford v. Washington would not be applied retroactively on collateral review.
Court Review: Volume 43, Issue 3 – President’S Column, Eileen Olds
Court Review: Volume 43, Issue 3 – President’S Column, Eileen Olds
Court Review: Journal of the American Judges Association
I can never say enough what an honor and a privilege it is to have been elected to serve as your 46th president of the American Judges Association. I have used that time since our annual conference in Vancouver to crystallize my vision of what I would like to accomplish during my tenure and of what I believe we can accomplish together. The potential to see dreams realized is what keeps us going! Like many of you, I have concluded that judges in general—and the members of AJA in particular—must seize the opportunity to improve our delivery of services within …
Legal Frameworks And Technological Protection Of Digital Content: Moving Forward Towards A Best Practice Model, Urs Gasser
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
The World Court's Advisory Function: "Not Legally Well-Founded", David L. Breau
University of Miami International and Comparative Law Review
No abstract provided.
U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner
U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner
University of Miami International and Comparative Law Review
No abstract provided.
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch
University of Miami International and Comparative Law Review
No abstract provided.
Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson
Aerospace And Antitrust: How The European Union Supports Its Interests To The Detriment Of United States' Companies, Jason Thompson
University of Miami International and Comparative Law Review
No abstract provided.