Law Commons^™

The Mortgage Reform And Anti Predatory Act Of 2007: Paving A Secure Path For Minorities In The Midst Of The Subprime Debacle., Emily Jeffcott

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

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); …

The Competing Paradigms Of Securities Regulation, James J. Park

Duke Law Journal

Although the securities industry is primarily regulated by specific rules, it is also governed by general principles. When conduct violates a rule, the regulatory response is obvious-enforce the rule. The issue is more difficult when conduct does not violate a rule but violates a principle. A regulator can excuse the conduct on the ground that the law is unclear and prohibit the conduct going forward through rulemaking. Or, the regulator can punish the conduct through what I call a "principles-based" enforcement action. Since 2002, there has been a surge of principles-based enforcement actions, provoking criticism that regulators are engaging in …

Unionizing Ncaa Division I Athletics: A Viable Solution?, Rohith A. Parasuraman

Duke Law Journal

This Note considers whether college athletes-specifically Division I football and men's basketball players-can utilize the protections of the National Labor Relations Act to form unions. The Note examines the history of the National Collegiate Athletic Association, considers whether National Labor Relations Board jurisprudence allows the application of the NLRA to college athletics, and evaluates the potential consequences of the NLRB certifying a union of college athletes. The Note argues that the NLRB should not allow college athletes to unionize, but should instead let Congress decide whether college athletes are "employees" under the NLRA, and, if so, how they should be …

Journal Staff

Duke Law Journal

No abstract provided.

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

Archived Theses and Dissertations

No abstract provided.

Masthead, Editors

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

The Shadow Of Credit: The Historical Origins Of Facial Predatory Lending And Its Impact Upon African American Wealth Accumulation, Charles Lewis Nier Iii

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Caveat Emptor: Let The Borrower Beware Of The Subprime Mortgage Market, Andre K. Gary

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

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 Questionable Use Of Custom In Intellectual Property, Jennifer E. Rothman

All Faculty Scholarship

The treatment of customary practices has been widely debated in many areas of the law, but there has been virtually no discussion of how custom is and should be treated in the context of intellectual property (IP). Nevertheless, customs have a profound impact on both de facto and de jure IP law. The unarticulated incorporation of custom threatens to swallow up IP law, and replace it with industry-led IP regimes that give the public and other creators more limited rights to access and use intellectual property than were envisioned by the Constitution and Congress. This article presents a powerful critique …

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 Era Of Deference: Courts, Expertise, And The Emergence Of New Deal Administrative Law, Reuel E. Schiller

Michigan Law Review

The first two terms of Franklin Roosevelt's presidency (1933-1941) were periods of great administrative innovation. Responding to the Great Depression, Congress created scores of new administrative agencies charged with overseeing economic policy and implementing novel social welfare programs. The story of the constitutional difficulties that some of these policy innovations encountered is a staple of both New Deal historiography and the constitutional history of twentieth-century America. There has been very little writing, however, about how courts and the New Deal-era administrative state interacted after these constitutional battles ended. Having overcome constitutional hurdles, these administrative agencies still had to interact with …

Is There A Dormant Extraterritoriality Principle?: Commerce Clause Limits On State Antitrust Laws, Michael J. Ruttinger

Michigan Law Review

State antitrust laws ordinarily supplement federal law by providing a cause of action for anticompetitive activity that occurs in the state. Some states, however, have construed their antitrust regimes to reach conduct that occurs outside the state's boundaries. Such regulation raises significant federalism and Commerce Clause concerns by creating possible extraterritorial liability for conduct with virtually no in-state effect. This Note examines two Commerce Clause standards that may limit the degree to which state antitrust laws may exercise extraterritorial force-the "dormant" or "negative" Commerce Clause and the so-called "Extraterritorial Principle." Unfortunately, the dormant Commerce Clause test, as articulated in Pike …

Stealth Celebrity Testimonials Of Prescription Drugs: Placing The Consumer In Harm's Way And How The Fda Has Dropped The Ball, Louis Boyarsky

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

The Value Of Creative Professionals In The Entertainment Capital Of The World: Why Celebrity Goodwill Should Be A Divisible Community Property Interest In California Divorces, Paloma Peracchio

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

Cable Company Monopoly: Comcast And Time Warner Control The Board, Gary Wax

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

A Beautiful Lie: Exploring Rhinelander V. Rhinelander As A Formative Lesson On Race, Identity, Marriage, And Family, Angela Onwuachi-Willig

Faculty Scholarship

This essay explores the past and present social meanings of what occurred during a 1920s New York trial court case, Rhinelander v. Rhinelander. Rhinelander involved a claim by Leonard Kip Rhinelander, a white socialite, who filed for annulment of his marriage to Alice Beatrice Jones, a woman of racially ambiguous heritage. Leonard claimed that Alice committed fraud that went to the essence of their marriage by failing to inform him that she was of "colored" blood. According to legend, Leonard and Alice were madly in love, and Leonard filed the lawsuit only because of his father, who refused to accept …

The Independence Of International Arbitrators: An Arbitrator's Perspective, Ahmed El Kosheri, Karim Youssef

Dr. Karim Y Youssef

No abstract provided.

Bankruptcy Issues In Worker’S Compensation, J. Leonard

J. Rich Leonard

No abstract provided.

A Bank By Any Other Name..., Christian Johnson, George Kaufman

Christian A. Johnson

U Visas And The Law Enforcement Certification Requirement, Marisa Cianciarulo, Neda Sargordan

Marisa S. Cianciarulo

No abstract provided.

Race-Bait '08: Lessons Learned From The Political Dirty Dozen, Christopher Edley, David Kirp, Adam Gomolin, Joshua Green, Nina Home, Justin Kidd

Christopher Edley

This report by researchers at UC Berkeley’s Department of Political Science, Goldman School of Public Policy and the Chief Justice Earl Warren Institute on Race, Ethnicity and Diversity at Berkeley Law School offers a first-ever historical review of race-driven campaigning. It dissects “The Dirty Dozen,” laying bare how race became pivotal, either by becoming a visible issue or by insinuation.

"No Writer Nor Scholar Need Be Dull": Recollections Of Paul J. Korshin, Ira P. Robbins

Ira P. Robbins

But Why Do You Need The Walls?, Christopher Simoni, Robert C. Richards, Jr.

Christopher Simoni

No abstract provided.

Performance Anxiety: The Internet And Copyright's Vanishing Performance/Distribution Distinction, Jonah M. Knobler

Jonah M. Knobler

This article attempts to answer two related questions on the subject of copyright law in the Internet age: First: Under present U.S. copyright law, does the delivery of a digital music file over the Internet as a “download” necessarily implicate the copyright holder’s right of public performance, above and beyond the obviously implicated rights of distribution and reproduction, as the music industry claims it does? This article examines the recent decision in United States v. ASCAP (S.D.N.Y. 2007), which held that it does not. The article also independently applies the major techniques of statutory interpretation to the relevant portions of …

Access To Justice. A Renewed Global Issue., Ugo Mattei

Ugo Mattei

No abstract provided.

Welcoming All To A Table Of Plenty: The Free Trade Area And The Bolivarian Alternative As Competing Means Of Economic Integration In The Americas, Stephen M. Siptroth

Stephen M. Siptroth

The article provides an overview of regional integration efforts in the Americas and explains the context of the development of comprehensive competing plans for hemispheric economic integration and cooperation. The article compares the Free Trade Area of the Americas with the Bolivarian Alternative for the Americas through the lens of public international law, and economic protections for private investors. Finally, the article concludes that a Free Trade Area of the Americas would be more widely accepted if equalization payments and added protections for fragile economies were coupled with the envisioned tariff free zone that integrates the trading economies in the …

The Freedom To Copy: Copyright, Creation And Context, Olufunmilayo B. Arewa

Olufunmilayo B. Arewa

Although much separates them musically, George Harrison and Michael Bolton share a common legal fate. Both have been held liable in copyright infringement cases in which a court articulated theories of liability based on subconscious infringement. This Article discusses how decisions in the Bolton, Harrison, and other copyright infringement cases reflect a common failing. Such decisions highlight the incomplete nature of the theories of creativity and creation processes in copyright doctrine. After discussing current approaches to questions of creation, this Article suggests ways in which copyright theory can better incorporate a contextualized understanding of creativity and creation processes. Creativity in …