Law Commons^™

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 26, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The "Public Health" Of The Conventional International Patent Régime And The Ethics Of "Ethicals:" Access To Patented Medicines, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Policy And Theoretical Dimensions Of Qualified Tax Partnerships, Bradley T. Borden

Faculty Scholarship

No abstract provided.

Internet Nondiscrimination Principles: Commercial Ethics For Carriers And Search Engines, Frank Pasquale

Faculty Scholarship

No abstract provided.

Renorming Immigration Court, Stacy Caplow

Faculty Scholarship

No abstract provided.

Lobbying Is An Honorable Profession: The Right To Petition And The Competition To Be Right, Nick Allard

Faculty Scholarship

No abstract provided.

False Consensus Bias In Contract Interpretation, Lawrence Solan, Terri Rosenblatt, Daniel Osherson

Faculty Scholarship

No abstract provided.

New Orleans, Katrina And Kelo: American Cities In The Post-Kelo Era, John Costonis

Journal Articles

No abstract provided.

Shopping During Extended Store Hours: From No Shops To Go-Shops-The Development, Effectiveness, And Implications Of Go-Shop Provisions In Change Of Control Transactions, Christina M. Sautter

Journal Articles

This is the first scholarly article to explore the recent prevalence of go-shop provisions in merger agreements. Unlike no shop provisions which prevent target companies from actively soliciting proposals post-signing, go-shops allow the active solicitation of superior proposals. In effect, go-shops move the pre-signing auction process to post-signing, when deal protection devices act to prevent third parties from bidding. This Article examines the development and effectiveness of go-shops and contends that since the Delaware Supreme Court's landmark holding in Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. that directors have a duty to obtain the highest price for stockholders, Delaware …

United States Regulation Of Stem Cell Research: Recasting Government's Role And Questions To Be Resolved, Owen C. B. Hughes, Alan L. Jakimo, Michael J. Malinowski

Journal Articles

This article directly addresses the stem cell controversy, but also the broader history and norms regarding the roles of federal and state government in U.S. science research funding.

Of Judicial Freedom And Judicial Constraint: The Voice Of Louisiana's Judge Albert Tate, Jr., Paul R. Baier

Journal Articles

No abstract provided.

The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll

Journal Articles

This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …

George Carlin, Constitutional Law Scholar, Christine Corcos

Journal Articles

No abstract provided.

Insider’S Guide To Dol Audits (Book Review), Lisa Goodman

Journal Articles

No abstract provided.

A Man For All Reasons: The Uses Of Alexis De Tocqueville's Writings In U.S. Judicial Opinions, Christine Corcos

Book Sections

The United States has never been given to particular adoration of foreign observers of its mores, who quite often turn out to be critics rather than admirers. Nevertheless, one of its favorite visitors since his one and only appearance on the scene in 1831-1832 is the 25-year-old magistrate Alexis de Tocqueville, sent by his government to study penal reform in the new republic. Tocqueville and his good friend Gustave de Beaumont, like young adventurers before and since, took the opportunity to extend their stay, and turned their tour of prisons into a journey through the young nation that furnished the …

Reviving Marriage: Could We? Should We?, Marsha Garrison

Faculty Scholarship

No abstract provided.

Liberating The Individual From Battles Between States, Matthias Lehmann

Vanderbilt Journal of Transnational Law

Current theories of conflict of laws have one common feature: they all consider the question of the applicable law in terms of a conflict between states. Legal systems are seen as fighting with each other over the application of law to a certain case. From this perspective, the goal of conflicts methods is to assign factual situations to the competent rule maker for resolution. Party autonomy presents a problem for this view: if individuals are allowed to choose which law will be applied to their dispute, it seems as if private persons could determine the outcome of the battle between …

Gender Justice Through Public Interest Litigation: Case Studies From India, Avani M. Sood

Vanderbilt Journal of Transnational Law

This Article examines the application of the Supreme Court of India's enterprising Public Interest Litigation (PIL) mechanism to a subject of compelling global concern: violations of women's rights. India is currently receiving much international attention for its dynamism and innovation on various fronts, yet the country also remains steeped in centuries-old norms and conventions. This tension is reflected in the decisions of the Supreme Court, which has assumed an active role in enforcing women's rights through PIL but is sometimes limited in this regard by the complex cultural context in which it operates. Based on an analysis of Indian constitutional …

Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody

Maurer Student Articles

No abstract provided.

The Great Depression And The New Deal, Barry Cushman

Book Chapters

From the Author

This essay was written for the Cambridge History of Law in America and appears in volume 3 beginning on page 268. Part I describes the economic conditions of the Great Depression and details the executive and legislative responses produced under the Hoover and Roosevelt Administrations. Part II examines contemporary controversies over the growth of federal executive authority and the elaboration of the administrative state. Part III documents the relaxation of constraints on economic regulation imposed by the Fifth and Fourteenth Amendments and the Contract Clause. Part IV analyzes various manifestations of the revolution in constitutional federalism. Part …

Legal Aspects Of Using Space-Derived Geospatial Information For Emergency Response, With Particular Reference To The Charter On Space And Major Disasters, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

Increasing attention is being paid today to the potential offered by geospatial information in particular if generated with the help of satellites to contribute to mitigation of major disasters—tsunamis and earthquakes as much as man-made disasters. The current contribution seeks to outline some of the major legal issues involved in the use space-derived data for emergency response, focusing on four topics: copyrights, access to remote sensing data, responsibilities and liabilities, and security and dual use-issues involved. This contribution forms part of the Leiden faculty of Law research program “securing the rule of law in a world of multilevel jurisdiction: (coherence, …

An Assessment Of The Impact Of The Sarbanes-Oxley Act On The Investigation Violations Of The Foreign Corrupt Practices Act, Karen Cascini, Alan L. Delfavero

WCBT Faculty Publications

During the late 1990s and early 2000s, a plethora of corporate scandals occurred. Due to these corporate debacles, corporate executives have been placed under fire. In response to such unethical conduct with regard to internal practices and financial reporting, legislation has been passed in order to ensure that corporations conduct their business in an ethical manner. The purpose of this paper is to assess the connection between the Foreign Corrupt Practices Act of 1977 (FCPA) and the Sarbanes-Oxley Act of 2002 (SOx), to determine whether SOx has influenced the FCPA’s investigative violation activities by examining the number of such investigations …

Who Signs The Checks - Groff V. United States, Dustin Appel

Journal of Air Law and Commerce

No abstract provided.

Products Liability In Maritime Law: A Court's Refusal To Impost Liability On A Manufacturer For Failure To Warn Of Post-Sale Defects Where The Injury Suffered Was Purely Economic, Katharine Lavalley

Journal of Air Law and Commerce

No abstract provided.

Fair Treatment For Experienced Pilots Act - All Good Things Really Do Come To An End, Jeff Orkin

Journal of Air Law and Commerce

No abstract provided.

The Department Of Homeland Security Proposes An Advance Passenger Information Requirement For Private Aircraft: Paranoia Or Reasonable Security, Johnson Kuncheria

Journal of Air Law and Commerce

No abstract provided.

Trademark Law - Determining A Likelihood Of Confusion - The Southern District Of New York Improperly Denies Preliminary Injunction Due To Its Misconstruction Of The Relevant Standard And Misapplication Of The Polaroid Factors, Johnson Kuncheria

Journal of Air Law and Commerce

No abstract provided.

Analysis Of The Proposed Hub Carrier Slot Preference At Chicago O'Hare, Erin Shea

Journal of Air Law and Commerce

No abstract provided.

Why We Do The Things We Do? The Role Of Ethics In Water Resource Planning, Amy Hardberger

Faculty Articles

Water provides a natural framework in the role of ethics because ethical issues are present in every facet of water management. The value of water and the creation of ethics dictate decisions regarding water resource management. Value can be assessed from factors including happiness, well-being, or intrinsic value. Once a value is assessed, obligations that dictate actions regarding this issue are generated, and an ethic is created.

Various domestic and international policies have, both explicitly and implicitly, called for a human right to water. The presence of domestic and international policies that recognize or protect a person’s right to water …