Law Commons^™

The Culture Differential In Parental Autonomy, Elaine M. Chiu

Faculty Publications

When the laws of a community reflect a dominant culture and yet many of its members are from other minority cultures, there is often conflict. When this conflict occurs in the legal regulation of the parent-child relationship, the consequences are tremendous for the children, the parents, and the State. This Article focuses on the federal statute criminalizing female genital surgeries, and, in doing so, it makes two major claims. The first claim is that the decisions of minority parents are scrutinized and regulated to a greater degree than the decisions of parents from the dominant culture, even when their decisions …

Vertical Price Restraints After Leegin, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the Supreme Court by a vote of 5-4 overruled the century old per se ban on resale price maintenance ("r/p/r") enunciated in the Dr. Miles case. The Court did not rule that r/p/m is lawful per se but rather held that vertical price restraints should be adjudged under the broader rule of reason analysis. The decision was not unexpected; and, indeed, it was welcomed in many quarters. From one perspective, Leegin is a long overdue ruling that simply brings treatment of r/p/m into line with the treatment of vertical …

Three Narratives Of Medellín V. Texas, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Every once in a while, a Supreme Court case comes along that holds a mirror up to the changing face of the American polity. Medellín v. Texas (Medellín II) is such a case, reflecting divisive national debates over immigration, the death penalty, victims' rights, the scope of executive power, U.S. adherence to international human rights standards, the salience of international law to national security, and the appropriate role of judicial review of political decisions. Which of those issues stands out among the reflected images depends on who is peering into the mirror.

For international law scholars, the significance of …

Return To Missouri V. Holland: Federalism And International Law, Margaret E. Mcguiness

Faculty Publications

(Excerpt)

Columbia, Missouri is a fitting venue at which to continue the conversation about Missouri v. Holland and explore the intersection of law-making at the international, national and sub-national levels. This symposium revisits the debate over national and local control over foreign affairs and brings together the constitutional doctrinal discussion and accounts of the globalization of regulation that consider the complexity of influences operating within and between multiple systems of law. Both the factual background of Holland (primarily a case about environmental regulation) and the doctrinal context in which it arose (a Supreme Court poised to move toward constitutional endorsement …

Better Revision: Encouraging Student Writers To See Through The Eyes Of The Reader, Patricia Grande Montana

Faculty Publications

(Excerpt)

Revision is an integral part of the first-year legal writing curriculum. Students rewrite most of their writing assignments for a grade, and, in many cases, the rewrites are weighted more heavily than the first drafts. The purposes of a rewrite in legal writing, as with other writing, are to resolve any inconsistencies and fill in gaps, strengthen the analysis and reasoning, and present the information in the clearest way possible. Though legal writing professors devote substantial time to the rewrite phase of assignments, in my experience, law students traditionally treat an assignment as completed as soon as they turn …

Revealing Your Sources: The Case For Non-Anonymous Gamete Donation, Michelle Dennison

Journal of Law and Health

This article argues that both legislating the end of anonymous gamete donation and allowing current children of anonymous gamete donation the ability to access identifying information about their donors is in the best interests of all parties involved in the donation process. Recipient-parents and donor-conceived children will benefit from having increased access to their donor's health information. Records access, including access to a donor's identifying information, will help donor-conceived children avoid potential incest and what is sometimes termed in adoption cases "genealogical bewilderment." Finally, banning anonymous donation will give potential gamete donors the ability to make a truly informed decision …

A Philosophy Of Privatization: Rationing Health Care Through The Medicare Modernization Act Of 2003, Eleanor Bhat Sorresso

Journal of Law and Health

The trend in coping with these rising Medicare costs has been to increase the role that private insurance plays in providing coverage for Medicare recipients. Much of this movement towards an increased "privatization" of Medicare has been born of the belief that the private sector of health care insurance coverage has been made more efficient by existing market forces and will provide a way to both continue providing health care to elderly Americans while containing Medicare costs through these increased efficiencies as exemplified through the managed care model. This premise will be further explored in this article. First, this article …

Real Art Calls For Real Legislation: An Argument Against Adoption Of The Design Piracy Prohibition Act, Anya Jenkins Ferris

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Inflating Goodyear's Bottom Line: Paying Women Less And Getting Away With It, Amalia Goldvaser

Cardozo Journal of Equal Rights & Social Justice

The note critiques the U.S. Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., arguing that it unjustly limits the ability of employees, particularly women, to seek redress for pay discrimination under Title VII of the Civil Rights Act of 1964. The decision held that a claim for pay discrimination must be filed within 180 days of the initial discriminatory pay-setting decision, even if the employee did not discover the disparity until later. The note contends that this ruling ignores the reality that pay discrimination is often hidden and cumulative, making it difficult for employees to identify …

Wedlock, Blood Relationship, And Citizenship, Logan Bobo

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflicting interpretations of U.S. nationality law under the Immigration and Nationality Act (INA), particularly focusing on whether citizenship transmission requires a blood relationship or can be based on the legal status of the parents' marriage. It argues that the Ninth Circuit's interpretation, which does not require a blood relationship for children born in wedlock, better aligns with the INA's goals of promoting family unity and avoiding gender-based discrimination. The note critiques the State Department's interpretation, as outlined in the Foreign Affairs Manual (FAM), for lacking statutory and judicial support, and highlights the need for congressional or …

Rejection Of The Need For Informed Consent In Prostate Tissue Sample Research, William Hanes

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Strict Liability And Negligent Rape: Or How I Learned To Start Worrying And Question The Criminal Justice System, Dini Rosenbaum

Cardozo Journal of Equal Rights & Social Justice

The note critiques strict liability and negligent rape standards, advocating for a more nuanced approach that prioritizes subjective fault and societal education to address the limitations of current rape laws. It emphasizes the need to align legal standards with the defendant's actual state of mind while addressing systemic barriers to justice, particularly in date rape cases. The analysis highlights the gap between legal reforms and their practical application, suggesting that education could be a more effective tool for prevention than relying solely on legal changes.

Introduction, Rachel Kalman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Reporting Sexual Assault Of Women In The Military, Jodie Friedman

Cardozo Journal of Equal Rights & Social Justice

The note examines the underreporting of sexual assaults in the military and the impact of policy changes aimed at addressing this issue. It highlights the challenges faced by victims, including fears of retaliation and the lack of confidentiality, and evaluates the effectiveness of the 2005 restricted reporting policy. The analysis suggests that while progress has been made, systemic issues persist, and further reforms are needed to protect victims' rights and ensure justice.

Product Placement In The United States: A Revolution In Need Of Regulation, Sandra Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Privacy From Photography: Is There A Right Not To Be Photographed Under New York State Law?, Ariella Goldstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Section 117 Adaptation Defense And Krause V. Titleserv, Inc.: An Analysis Of The Various Circuits' Approaches, Logan Marc

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande

Journal of Dispute Resolution

To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this …

New Research Uses For Patent And Trademark Data, Roger V. Skalbeck

Law Faculty Publications

In this article, I examine alternative uses for information found in patent and trademark filing databases, suggesting ways to locate a law firm's clients, perform competitive intelligence, and locate or investigate expert witnesses. Finally, I talk about an interesting non-law use of patent data, i.e., historical research.

Paparazzi/Blogger Face-Off: Opportunity Knocking For A Fair Use Limit?, Eaton O'Neill

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Defining Expeditious: Uncharted Territory Of The Dmca Safe Harbor Provision, Debra Weinstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Defense Of Patenting Human Gene Sequences Under U.S. Law: Support For The Patenting Of Isolated And Purified Substances, Lauren M. Nowierski

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Divorce Mediation - Limiting The Profession To Family/ Matrimonial Lawyers, Jaime Abraham

Cardozo Journal of Conflict Resolution

Due to the complex nature of the field of family and matrimonial law, divorce mediation should only be practiced by family/ matrimonial lawyers; non-lawyers should not be allowed to mediate divorces. Part II of this Note will discuss background information about divorce law and divorce mediation and why mediation is being used more and more frequently to resolve divorce disputes than the traditional court system. Part III will discuss why it is becoming more common for divorcing couples to use mediation, as opposed to traditional litigation, to resolve their disputes. Part IV will discuss different models of mediation that are …

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …

Squeezing The Juice: The Failed Attempt To Acquire O.J. Simpson's Right Of Publicity, And Why It Should Have Succeeded, Tal Ganani

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bilcare, Ksr, Presumptions Of Validity, Preliminary Relief, And Obviousness In Patent Law, Joshua D. Sarnoff

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Kant On Copyright: Rights Of Transformative Authorship, Kim Treiger-Bar-Am

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Foreign Music Acts And United States Taxation, Aninda Dhar

Cardozo Arts & Entertainment Law Journal

No abstract provided.

What The Sioux Should Do: Lanham Act Challenges In The Post-Harjo Era, Jason Finkelstein

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Three-Dimensional Objects As Marks: Does A "Dark Shadow" Loom Over Trademark Theory?, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.