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Admitting Computer Record Evidence After In Re Vinhnee: A Stricter Standard For Future?, Cooper Offenbecher

Washington Journal of Law, Technology & Arts

In re Vinhnee, a Ninth Circuit Bankruptcy Appellate Panel decision, employed Edward Imwinkelried’s eleven-step foundation process for authenticating computer records. In employing the eleven-step process, the Vinhnee court articulated a stricter standard than has previously been used by most courts for admitting computer records into evidence. This Article will first consider the various foundation standards that courts have applied to computer records. Next, the Article will analyze the Vinhnee standard, consider its elements, and compare it to the previous standards and commentary. Finally, the Article will conclude that the Vinhnee approach reflects common concerns by courts and commentators, and …

Frcp 19: A Preferable Alternative To Traditional Judicial Rules For Determining Patent Licensee Standing, Jeffrey Bashaw

Washington Journal of Law, Technology & Arts

In Aspex Eyewear v. Miracle Optics, a patent infringement claim was initially dismissed because the court found that the parties bringing suit, a patentee and a patent sub-licensee, lacked standing because although the patentee had given all substantial rights to a licensee, the sub-licensee’s license did not convey “all substantial rights.” Thus, neither party had “all substantial rights,” the traditional threshold test for patent licensee standing. While the Federal Circuit ultimately reversed and allowed the suit to go forward, the case demonstrates how the current patent standing rule only magnifies the expense of litigating an infringement suit by requiring …

"Can I See Some Id?" Age Verification Requirements For The Online Liquor Store, Boris Reznikov

Washington Journal of Law, Technology & Arts

Teenagers are starting to use the Internet to circumvent the ordinarily stringent restrictions on the sale of alcohol to underage individuals. Since states have always punished vendors for furnishing alcohol to minors, companies that choose to sell alcohol online must recognize that they could be criminally and civilly liable if they do not take reasonable precautions to ensure that minors do not obtain their product. This Article examines the steps online alcohol vendors might take in order to protect themselves from liability so that they can continue to run their ventures in a profitable manner.

Conference Registration

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.

Re Canada Post Corp And Cupw (Morgan), Innis Christie

Innis Christie Collection

The Grievor was suspended with pay until a complaint by a co-worker could be investigated. The complaint dealt with a conversation regarding serial killers, which upset the co-worker and caused the Employer to be concerned about workplace safety. After the investigation the Grievor was placed on sick leave until she could provide medical proof that she was not a danger to her co-workers. The Union believes the Employer breached the collective agreement by imposing the suspension without just cause and, as remedy, wants the Employer to pay damages to compensate the Grievor for what was lost by the suspension, a …

October 16, 2007: Hallowed Secularism And Unitarian Universalism, Bruce Ledewitz

Hallowed Secularism

Hallowed Secularism and Unitarian Universalism

Conference Registraion

Freedman Institute for the Study of Legal Ethics Conferences

No abstract provided.

Regulating The Poor And Encouraging Charity In Times Of Crisis: The Poor Laws And The Statute Of Charitable Uses, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

National crises such as September 11th and Hurricane Katrina resulted in an unprecedented outpouring of charitable generosity by Americans, which was encouraged by the government through tax incentives. This paper examines an earlier period of crisis, Tudor England (1485-1603), where the state encouraged philanthropy as a tool of social and political policy. Certain charitable activities were favored and others disadvantaged to spur private sector resources to resolve public problems.

The article discusses the evolution of the laws regulating the poor, which culminated in the Poor Law Legislation of 1601, a process that developed attitudes toward the poor and concepts of …

Cityland – Vol. 4, No. 9, Center For New York City Law

CityLand - 2007

The October 2007 issue of CityLand covers major land use, preservation, and development actions across New York City. The City Council approved DEP’s expansion of the Hunts Point water treatment plant, despite concerns over odor and air quality. The Upper West Side rezoning plan was modified to accommodate Jewish Home & Hospital, with restrictions negotiated by Council Member Katz. The Planning Commission approved the Bedford-Stuyvesant rezoning, the Trader Joe’s development in Cobble Hill, and a 57-story mixed-use tower at 400 Fifth Avenue. Amendments to the High Line zoning text allowed the City to build amenities in exchange for developer fees. …

There Is Nothing Pragmatic About Originalism, David S. Law, David Mcgowan

NULR Online

No abstract provided.

The Nanny State — It Takes A Village, Timothy Zick

Popular Media

No abstract provided.