Law Commons^™

September 26, 2008: No, You Don't Live An Exemplary Life, Bruce Ledewitz

Hallowed Secularism

Blog post, “ No, You Don't Live an Exemplary Life“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Likely Impact Of Mandated Paid Sick And Family-Care Leave On The Economy And Economic Development Prospects Of The State Of Ohio, Edward W. Hill, Spence Christopher, Daila Shimek, Ziona Austrian

All Maxine Goodman Levin School of Urban Affairs Publications

This report analyzes the potential impact of a proposed paid sick and family care leave legislation on the economy of the state of Ohio, the economic development prospects of the state and on the management of production processes that depend on highly integrate teams. The report also reviews the literature on the effect of mandated paid sick and family care leave on the industrial relations system—workplace performance and worker retention. Our analysis concludes that there would have been a net cost associated with the paid sick leave and family-care initiative proposed in Ohio with a lower bound estimate of $63.84 …

2008-2009 Supreme Court Preview: Contents, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 6: Theories Of Interpretation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 1: Moot Court, Fcc V. Fox Television Stations, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 4: Business, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 7: Criminal Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 2: 2008 Election And The Supreme Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 8: Bush's Legal Legacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 5: Civil Rights, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Section 3: Election Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2008-2009 Supreme Court Preview: Schedule, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Fleeting Expletives Case, Timothy Zick

Popular Media

No abstract provided.

Summary Of Anse, Inc. V. Eighth Judicial Dist. Court Of State Ex Rel. County Of Clark, 124 Nev. Adv. Op. No. 74, Joanna M. Myers

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Ransdell V. Clark County, 124 Nev. Adv. Op. No. 73, Matthew J. Orme

Nevada Supreme Court Summaries

Appeal from a district court order dismissing Plaintiff’s complaint of negligence and entering orders of partial summary judgment for other tort and constitutional claims.

Continuing The Debate About Presidential Debates, Alexander J. Blenkinsopp

NULR Online

No abstract provided.

Summary Of Canyon Villas V. State, Tax Comm’N, 124 Nev. Adv. Op. No. 7, Casey G. Perkins

Nevada Supreme Court Summaries

Appeal from a district court order denying judicial review of property tax valuation.

Summary Of We The People Nev. V. Sec’Y Of State, 124 Nev. Adv. Op. No. 75, Richard Manhattan

Nevada Supreme Court Summaries

Original petition for writ of mandamus to challenge a statutory filing deadline for ballot initiatives proposing constitutional amendments.

Changing The Paradigm Of Stock Ownership From Concentrated Towards Dispersed Ownership? Evidence From Brazil And Consequences For Emerging Countries, Erica Gorga

Cornell Law Faculty Working Papers

This paper analyzes micro-level dynamics of changes in ownership structures. It investigates a unique event: changes in ownership patterns currently taking place in Brazil. It builds upon empirical evidence to advance theoretical understanding of how and why concentrated ownership structures can change towards dispersed ownership.

Commentators argue that the Brazilian capital markets are finally taking off. The number of listed companies and IPOs in the Sao Paulo Stock Exchange (Bovespa) has greatly increased. Firms are migrating to Bovespa’s special listing segments, which require higher standards of corporate governance. Companies have sold control in the market, and the stock market has …

The Case Of Weak Will And Wayward Desire., Vera Bergelson

Rutgers Law School (Newark) Faculty Papers

In this article, I confront Garvey¡¯s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime.

I attempt to refute Garvey¡¯s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey¡¯s …

September 23, 2008: Excerpt From For The Establishment Of Religion, Bruce Ledewitz

Hallowed Secularism

Blog post, “Excerpt from For the Establishment of Religion“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn

Washington Journal of Law, Technology & Arts

“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …

De-Identified Data And Third Party Data Mining: The Risk Of Re-Identification Of Personal Information, C. Christine Porter

Washington Journal of Law, Technology & Arts

Recent computer science research demonstrates that anonymized data can sometimes be easily re-identified with particular individuals, despite companies’ attempts to isolate personal information. Netflix and AOL are two examples of companies that released personal data intended to be anonymous but which was reidentified with individual users with the use of very small amounts of auxiliary data. Re-identification of anonymized data may expose companies to increased liability, as the information may no longer be treated as anonymous. In addition, companies may violate their own privacy policies by releasing anonymous information to third parties that can be easily re-identified with individual users. …

Does The U.S. Safe Web Act Strike The Proper Balance Between Law Enforcement Interests And Privacy Interests?, Shaobin Zhu

Washington Journal of Law, Technology & Arts

The Internet and advances in telecommunications technology present unprecedented opportunities for cross-border fraud and deception directed at U.S. consumers and businesses. However, the Federal Trade Commission’s (“FTC”) ability to obtain effective relief may face practical impediments in prosecuting these cross-border wrongdoers. To help address the challenges posed by the globalization of fraud, President Bush signed the Undertaking Spam, Spyware and Fraud Enforcement With Enforcers Beyond Borders Act of 2006 (“U.S. SAFE WEB Act” or “Act”) into law on December 22, 2006. This Article discusses the FTC’s expanded enforcement authority granted by the Act to fight fraud and deception, and particularly …

Ethical Considerations For Blog-Related Discovery, Jason Boulette, Tanya Dement

Washington Journal of Law, Technology & Arts

The rise in blogs (short for "Web-logs") has spawned a new world of considerations for lawyers and clients. At their foundation, blogs are Web sites that serve as online diaries and sounding boards. Blogs typically consist of posts, pictures, images, links, and other entries that run the gambit of subjects from politics to sports to literature to personal materials. The exponential rise in blogging stems from improvements in technology, the increasing sophistication of Internet users, and the low cost of creating and maintaining blogs. In the last several years, blogs have mushroomed in number and have achieved a measure of …

Whole Foods, Unwholesome Practices: Will Sock Puppeteers Be Held Accountable For Pseudonymous Web Postings?, Chelsea Peters

Washington Journal of Law, Technology & Arts

The Federal Trade Commission recently exposed Whole Foods’ CEO John Mackey for having made pseudonymous posts on financial message boards for over seven years. Mackey’s practice of “sock puppeting,” or posting under a false identity to praise and build support for one’s company, is becoming more common among high-powered corporate executives who have few other outlets in which to vent their frustrations and spar with their critics. In July, the SEC began an informal investigation into Mackey’s posts. This article examines the liabilities sock puppeteers may face under current securities regulations, particularly § 10b-5 of the Securities Exchange Act of …

Global Health Law: Health In A Global Community, Lawrence O. Gostin

O'Neill Institute Papers

The examination of public health law traditionally focuses on constitutions, statutes, regulations, and common law at the national and sub-national level. However, the determinants of health (e.g., pathogens, air, food, water, even lifestyle choices) do not originate solely within national borders. Health threats inexorably spread to neighboring countries, regions, and even continents. Peoples’ lives are profoundly affected by commerce, politics, science, and technology from all over the world. Global integration and interdependence occur “as capital, traded goods, persons, concepts, images, ideas, and values diffuse across state boundaries.” It is for this reason that law and policy need to be transnational, …

The Deregulatory State, Lawrence O. Gostin

O'Neill Institute Papers

Public health can be achieved only through collective action, not through individual endeavor. Collective goods are essential conditions for health, but can be secured only through a well-regulated society. Yet, successive governments have eroded health and safety protections, with serious consequences. Think about the death of miners, lead in children’s toys, industrial solvents in toothpaste, salmonella in peanut butter, e-coli in spinach, and unsafe or ineffective pharmaceuticals such as COX-2 inhibitors or non-statin cholesterol medications.

Conservatives have waged a campaign against the administrative state that has created and reinforced deep-seated concerns about over-bearing government, particularly at the national level. The …

Global Health Law: A Definition And Grand Challenges, Lawrence O. Gostin, Allyn L. Taylor

O'Neill Institute Papers

It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need …

Global Health Law Governance, Lawrence O. Gostin

O'Neill Institute Papers

The field of public health law traditionally focuses on law at the national and sub-national level. National legal systems, however, are inadequate to deal with major threats to humans. Despite the inadequacies of national governance, there are fundamental questions that need resolution in the field of global health law: Why should governments care about the health of people far away? Are profound health disparities just and, if not, is there a corresponding obligation to redress the injustice? Can international law effectively bind governments, foundations, and corporations to act for the global good? This article, based on a lecture at Emory …