Law Commons^™

Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson

UF Law Faculty Publications

In 2006, the Florida Supreme Court added a "licensing" scheme for attorney advertising on television or radio to its existing panoply of attorney advertising regulations. The new rule imposes a prior restraint on all radio and television ads by Florida attorneys: every ad must run the gauntlet of the Bar's censors prior to airing, and the ad may not air unless its content meets with the approval of the censors. Not content with its foray into regulating the broadcast medium, the Florida Supreme Court is now poised to add a rule that will regulate attorney speech on the Internet much …

Terrorism As An Intellectual Problem, Charles W. Collier

UF Law Faculty Publications

The past few years have been instructive for observers of religious terrorism. Events have conspired to reveal ever more of its grim visage, inner logic, and awful potential. Religious terrorism has been exhaustively analyzed as a security problem, a military problem, an economic problem, a political problem, and more. But it is also an intellectual problem, one with particular implications for the study of law, culture, and history. This Essay examines the intellectual assumptions of religious terrorism, and it does so from three distinct perspectives: the theory of religion and American constitutional law (Part I); the common law (Part II); …

Taking Text Too Seriously: Modern Textualism, Original Meaning, And The Case Of Amar's Bill Of Rights, William Michael Treanor

Michigan Law Review

Championed on the Supreme Court by Justice Scalia and Justice Thomas and in academia most prominently by Professor Akhil Amar textualism has emerged within the past twenty years as a leading school of constitutional interpretation. Textualists argue that the Constitution should be interpreted in accordance with its original public meaning, and in seeking that meaning, they closely parse the Constitution's words and grammar and the placement of clauses in the document. They have assumed that this close parsing recaptures original meaning, but, perhaps because it seems obviously correct, that assumption has neither been defended nor challenged. This Article uses Professor …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys administrative law developments in appellate cases from June 1, 2006 through May 31, 2007. Only cases from the Georgia Supreme Court and the Georgia Court of Appeals have been reviewed. As compared to prior years, the number of cases in which administrative law principles played a significant role showed no upward spike. There are many other topics that concern elements of administrative law, but this Article does not address cases containing those specific subject matter topics. There is likely some duplication of cases among the subject matter topics, but only the administrative law elements are emphasized in …

Tradable Patent Rights, Ian Ayres, Gideon Parchomovsky

All Faculty Scholarship

Patent thickets may inefficiently retard cumulative innovation. This paper explores two alternative mechanisms that may be used to weed out patent thickets. Both mechanisms are intended to reduce the number of patents in our society. The first mechanism we discuss is price based regulation of patents through a system of increasing renewal fees. The second and more innovative mechanism is quantity based regulation through the establishment of a system of Tradable Patent Rights. The formalization of tradable patent rights would essentially create a secondary market for patent permits in which patent protection will be bought and sold.

The Crab Fisherman And His Children: A Constitutional Compass For The Non-Offending Parent In Child Protection Cases, Angela Greene

Alaska Law Review

No abstract provided.

A Sexual Relationship, Did We Have One? A Review Of The Definition Of “Sexual Relationship” Within The Context Of Alaska’S Domestic Violence Laws, Beth Goldstein Lewis Trimmer

Alaska Law Review

No abstract provided.

Mixed-Motives For Firing Employees: Alaska’S Inconsistent Standards And Its Failure To Follow The Changing Federal Tide, Brianne Schwanitz

Alaska Law Review

No abstract provided.

Is The Office Closed? The Role Of The Office Of Victims’ Rights After Cooper V. District Court, Richard Allen

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

Note From The Editor, Mauricio Almar

Alaska Law Review

No abstract provided.

Preemption Of State Wildlife Law In Alaska: Where, When, And Why, Julie Lurman, Sanford P. Rabinowitch

Alaska Law Review

No abstract provided.

Towards A New Paradigm In Justifying Copyright: An Universalistic-Transcendental Approach., Christian G. Stallberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli

Research Collection Yong Pung How School Of Law

Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Scholarly Works

Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …

The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak

Research Collection Yong Pung How School Of Law

The debate over corporate governance convergence has been heated for years and has created a cottage industry of experts. It is premised on the false assumption that American corporate governance has reached the end of its evolution by adopting a shareholder primacy and dispersed shareholding governance model. This article demonstrates that American corporate governance continues to evolve and that as such the convergence debate is fundamentally flawed and not worth fixing. The point of this article is simple: there is no endpoint corporate governance model. There is no optimally efficient American model. There is no optimally efficient Japanese model. To …

Fuzzy Logic And Corporate Governance Theories, Z. Jill Barclift

The University of New Hampshire Law Review

[Excerpt] “Fuzzy logic is a theory that categorizes concepts or things belonging to more than one group. A methodology that explains how things function in multiple groups (not fully in one group or another) offers advantages when no one definition or membership in a group accounts for belonging to multiple groups. The principal/agent model of corporate governance has some characteristics of fuzzy logic theory.

Under traditional agency theory of corporate governance, shareholders, directors, and senior corporate officers each belong to groups having multiple attributes. In the principal/agent model of corporate governance, shareholders are owners or principals; directors are shareholders and …

Table Of Contents, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Table of Contents for Volume Six, Issue Number Two.

Masthead, Volume 6, Number 2, 2007, Editorial Board

The University of New Hampshire Law Review

Masthead for Volume Six, Issue Number Two.

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

Beyond The Cat’S Paw: An Argument For Adopting A “Substantially Influences” Standard For Title Vii And Adea Liability, Tim Davis

The University of New Hampshire Law Review

[Excerpt] “Susan, an African-American nurse, has worked for a large group of physicians for nearly twenty years and is nearing the end of her career. Susan’s boss has recently retired and has been replaced by a man with an animus toward African-Americans. This has put Susan in a precarious situation.

Instead of overtly discriminating against her, Susan’s supervisor complains to the large medical practice’s personnel committee that Susan’s work is substandard and she no longer is a productive worker. The committee, based on the supervisor’s report, fires Susan.

When Susan goes to court to assert her right not to be …

A Wolf In Sheep’S Clothing: The Unilateral Executive And The Separation Of Powers, Thomas J. Cleary

The University of New Hampshire Law Review

[Excerpt] “The United States Constitution vests all executive powers in a president. This is the unitary executive theory. By virtue of this, many believe the president is vested with the power to act unilaterally. This is the unilateral executive theory. However, the unilateral executive portends more than action. In reality, the unilateral executive theory provides an opportunity to implement a unilateral agenda. Thus, the aim of this paper is to consider executive power, the separation of powers, and the unilateral executive theory to determine if presidential power under the separation of powers doctrine is actually “a wolf in sheep’s clothing.” …

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Shake & Bake: Dual-Use Chemicals, Contexts, And The Illegality Of American White Phosphorus Attacks In Iraq, Joseph D. Tessier

The University of New Hampshire Law Review

[Excerpt] “On November 29, 2005, in a Department of Defense press conference with Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, Chairman of the Joint Chiefs of Staff, General Pace stated that white phosphorus “is a legitimate tool of the military,” and can be used for illumination, smoke, and incendiary purposes. Incredibly, the Department of Defense released an addendum to the press conference clarifying that white phosphorus was not used as an incendiary weapon. According to General Pace, “it was well within the law of war to use white phosphorus . . . for marking and screening.” This was …

The Legal Aspects Of United States Assistance To Egypt, Farid Nazih Tanagho

Archived Theses and Dissertations

No abstract provided.

Evidence, Marc T. Treadwell

Mercer Law Review

The most significant news during the current survey period continued to be the judiciary's efforts to come to terms with the "tort reform" legislation enacted by the General Assembly in 2005, particularly Official Code of Georgia Annotated ("O.C.G.A.") section 24-9-67.1, which purports to adopt, more or less, the United States Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.

As discussed below, it is beginning to appear that Georgia courts will follow a somewhat different course than that followed by federal courts in their interpretation of Daubert and Daubert's codification in Federal Rule of Evidence 702. As discussed …

Local Government Law, R. Perry Sentell

Mercer Law Review

This particular [City Commission] meeting had drawn on for quite some time, until it was getting fairly late. We heard someone knocking very rapidly on the plate glass window. As I turned around, I observed an elderly woman, the wife of the Mayor. The Mayor appeared to ignore his wife and continued to conduct the meeting. Not getting any response from her knocking, the wife then walked into the building, grabbed the Mayor by the arm, and scolded him that it was ridiculous that the City Commission was meeting so late at night. "You," she informed the Mayor, "are going …

Trial Practice And Procedure, Kate S. Cook, Alan J. Hamilton, Brandon L. Peak, John C. Morrison Iii

Mercer Law Review

The Georgia Appellate Courts continue to consider and clarify the impact of the Tort Reform Act of 2005 on trial practice and procedure while addressing other legislation and case law similarly imperative to litigation in Georgia courts. Although the Georgia General Assembly enacted less legislation related to trial practice and procedure during this survey period than in recent years, the few laws passed are noteworthy.

Zoning And Land Use Law, Dennis J. Webb Jr., Marcia Mccrory Ernst, Joseph L. Cooley, John Chadwick Torri, Victor A. Ellis

Mercer Law Review

This Article provides a succinct and practical analysis of the significant judicial decisions in the area of zoning and land use law that were handed down by Georgia appellate courts between June 1, 2006 and May 31, 2007. The cases surveyed fall primarily within five categories: (1) condemnation, (2) nuisance and trespass, (3) easements and restrictive covenants, (4) zoning, and (5) miscellaneous.

Trivia Questions & Answers, Meg Butler

Faculty Publications By Year

No abstract provided.