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2007

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Articles 751 - 780 of 10546

Full-Text Articles in Law

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan Vacca Oct 2007

Expanding Preferential Treatment Under The Record Rental Amendment Beyond The Music Industry, Ryan Vacca

Faculty Publications

This Article explores the development of copyright law's first sale doctrine and the Record Rental Amendment (RRA) in light of the Sixth Circuit's interpretation of the RRA in Brilliance Audio, Inc. v. Haights Cross Communications, Inc. This Article does not take issue with the court's conclusion, but instead uses the differing conclusions of the majority and dissent to illustrate that the RRA exception is in need of Congressional clarification. This Article also examines whether the Record Rental Amendment should be amended to include audiobooks and other non-musical works, concluding that they should. The author then proposes two alternative amendments to …


When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck Oct 2007

When Accommodations For Religion Violate The Establishment Clause: Regularizing The Supreme Court's Analysis, Carl H. Esbeck

Faculty Publications

This article sets forth five rules with respect to what government may do to accommodate religious practice and five rules with respect to what government may not do. As it turns out the Supreme Court has said that most religious accommodations are left to the broad discretion of legislators and public officials. So long as the object of the accommodation is to protect or expand religious freedom, as distinct from expanding religion, the accommodation will be permitted.


Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Lidsky, Tera Peterson Oct 2007

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

Faculty Publications

Florida has been one of the most aggressive states in regulating attorney advertising. The Florida Supreme Court recently adopted new and more stringent rules regulating broadcast advertising by attorneys, and the court appears poised to adopt new and more stringent rules governing Internet advertising by attorneys. As this Article details, the problem is that Florida's new and proposed rules violate both the First Amendment and sound public policy principles. This Article provides guidance to states contemplating further regulation of attorney advertising, and it indirectly critiques current commercial speech doctrine.


Regulating "Rent-A-Cops" Post-9/11: Why The Private Security Officer Employment Authorization Act Fails To Address Homeland Security Concerns, Ian Patrick Mcginley Oct 2007

Regulating "Rent-A-Cops" Post-9/11: Why The Private Security Officer Employment Authorization Act Fails To Address Homeland Security Concerns, Ian Patrick Mcginley

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Private Security Officer Employment Authorization Act (PSOEAA) for its limited scope in addressing homeland security concerns related to private security officers. While the Act introduces a background check system, it fails to adequately address terrorist infiltration, training, and cooperation with public law enforcement. The analysis argues that federal regulation, led by the Department of Homeland Security (DHS), is necessary to enhance the private security industry's role in homeland security. A grant-based regulatory scheme is proposed to incentivize training, cooperation, and improved screening processes for private security officers, particularly those guarding critical infrastructure.


Class Of 2010 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2007

Class Of 2010 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2010


Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces Oct 2007

Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces

Scholarly Publications

No abstract provided.


A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril Oct 2007

A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia S. Abril

Articles

No abstract provided.


Front Matter And Contents, North Carolina Journal Of Law & Technology Oct 2007

Front Matter And Contents, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.


The Truth And The Truthiness About Knowing Material Misrepresentations, Matt Williams Oct 2007

The Truth And The Truthiness About Knowing Material Misrepresentations, Matt Williams

North Carolina Journal of Law & Technology

No abstract provided.


Lorraine V. Markel: An Authoritative Opinion Sets The Bar For Admissibility Of Electronic Evidence (Except For Computer Animations And Simulations), Lindsay Kemp Oct 2007

Lorraine V. Markel: An Authoritative Opinion Sets The Bar For Admissibility Of Electronic Evidence (Except For Computer Animations And Simulations), Lindsay Kemp

North Carolina Journal of Law & Technology

No abstract provided.


A Bill Without Bite: Why Effective Copyright Monitoring Was Not A Fair Trade-Off For Making College More Affordable, Heather M. Tonelli Oct 2007

A Bill Without Bite: Why Effective Copyright Monitoring Was Not A Fair Trade-Off For Making College More Affordable, Heather M. Tonelli

North Carolina Journal of Law & Technology

No abstract provided.


Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy Millar Oct 2007

Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy Millar

University of Miami Law Review

No abstract provided.


Is Airline Passenger Profiling Necessary?, Timothy M. Ravich Oct 2007

Is Airline Passenger Profiling Necessary?, Timothy M. Ravich

University of Miami Law Review

No abstract provided.


Homeownership 2.0, Lee Anne Fennell Oct 2007

Homeownership 2.0, Lee Anne Fennell

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss Oct 2007

The Constitutionality Of Open Space Requirements And Minimum Lot Sizes, Matthew Weiss

Land Use Clinic

The United States Supreme Court and other federal and state courts have consistently dismissed challenges against open space requirements and reductions in minimum lot sizes similar to those that exist within ordinances regulating conservation subdivisions. Although some precedent exists for finding open space requirements and minimum lot sizes unconstitutional, courts have only reached such conclusions in limited situations where the challenged regulations destroy the entire economic value of a plaintiff’s property, where there is no rational basis for the regulations, or where the land use regulation is found to substantially interfere with the property owner’s use and enjoyment of their …


Model Junkyard Ordinance, Lydia Doyle Oct 2007

Model Junkyard Ordinance, Lydia Doyle

Land Use Clinic

This paper is designed to provide an overview of junkyard regulation in Georgia as it currently exists on the federal, state and local level. Following this summary of junkyard regulation is a model junkyard ordinance to be used by communities in Georgia as guidance or the basis for their junkyard ordinances.


Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld Oct 2007

Mark Curthoys' Governments, Labour, And The Law In Mid-Victorian Britain: The Trade Union Legislation Of The 1870s, Robert J. Steinfeld

Book Reviews

No abstract provided.


Table Of Contents Oct 2007

Table Of Contents

Southeastern Environmental Law Journal

No abstract provided.


Balancing Public And Private Rights In The Coastal Zone In The Era Of Climate Change: The Fifteenth Anniversary Of Lucas V. South Carolina Coastal Council, Josh Eagle Oct 2007

Balancing Public And Private Rights In The Coastal Zone In The Era Of Climate Change: The Fifteenth Anniversary Of Lucas V. South Carolina Coastal Council, Josh Eagle

Southeastern Environmental Law Journal

No abstract provided.


Lucas Unspun, Richard J. Lazarus Oct 2007

Lucas Unspun, Richard J. Lazarus

Southeastern Environmental Law Journal

No abstract provided.


What The Law And Lawyers Can And Cannot Do About Global Warming, Michael B. Gerrard Oct 2007

What The Law And Lawyers Can And Cannot Do About Global Warming, Michael B. Gerrard

Southeastern Environmental Law Journal

No abstract provided.


The Impact Of Lucas On Coastal Development: Background Principles, The Public Trust Doctrine, F. Patrick Hubbard Oct 2007

The Impact Of Lucas On Coastal Development: Background Principles, The Public Trust Doctrine, F. Patrick Hubbard

Southeastern Environmental Law Journal

No abstract provided.


A Very Clear Blue Line: Behavioral Economics, Public Choice, Public Art And Sea Level Rise, Marc P. Poirier Oct 2007

A Very Clear Blue Line: Behavioral Economics, Public Choice, Public Art And Sea Level Rise, Marc P. Poirier

Southeastern Environmental Law Journal

No abstract provided.


Cleaning Up The Chesapeake Bay: How To Make An Incentive Approach Work For Agriculture, Timothy D. Searchinger Oct 2007

Cleaning Up The Chesapeake Bay: How To Make An Incentive Approach Work For Agriculture, Timothy D. Searchinger

Southeastern Environmental Law Journal

No abstract provided.


Forecasting The Impacts Of Climate Change On Coastal Ecosystems: How Do We Integrate Science And Policy, Brian Helmuth Oct 2007

Forecasting The Impacts Of Climate Change On Coastal Ecosystems: How Do We Integrate Science And Policy, Brian Helmuth

Southeastern Environmental Law Journal

No abstract provided.


Permitting Trouble In The Marsh: Georgia Courts And The Coastal Marshlands Protection Act, Ross Appel Oct 2007

Permitting Trouble In The Marsh: Georgia Courts And The Coastal Marshlands Protection Act, Ross Appel

Southeastern Environmental Law Journal

No abstract provided.


The Role Of Governmental Purpose In Constitutional Judicial Review, Calvin Massey Oct 2007

The Role Of Governmental Purpose In Constitutional Judicial Review, Calvin Massey

South Carolina Law Review

No abstract provided.


Sometime Less Is More: Utility, Preemption, And Hermeneutical Criticisms Of Proposed Federal Regulation Of Mortgage Brokers, Lloyd Thomas Wilson Jr. Oct 2007

Sometime Less Is More: Utility, Preemption, And Hermeneutical Criticisms Of Proposed Federal Regulation Of Mortgage Brokers, Lloyd Thomas Wilson Jr.

South Carolina Law Review

No abstract provided.


Navigating The Law Review Article Selection Process: An Empirical Study Of Those With All The Power - Student Editors, Leah M. Christensen, Julie Oseid Oct 2007

Navigating The Law Review Article Selection Process: An Empirical Study Of Those With All The Power - Student Editors, Leah M. Christensen, Julie Oseid

South Carolina Law Review

No abstract provided.


Patenting The Tax Code: Monopolizing Basic Tax Strategy, Nicholas Robinson Oct 2007

Patenting The Tax Code: Monopolizing Basic Tax Strategy, Nicholas Robinson

Buffalo Intellectual Property Law Journal

No abstract provided.