Law Commons^™

Beyond Trademark Use, Stacey Dogan

Faculty Scholarship

For several years now, the question of “trademark use” has taken center stage in the debate over trademark liability of online intermediaries. Doctrinally, the debate addresses whether the Lanham Act places any limit on the types of “use” of trademarks that can subject one to a claim of infringement. The real conflict, however, has occurred at the normative level: whatever the Lanham Act says or does not say about trademark use, should trademark law limit the definition of infringement to situations in which the defendant has used the mark to brand its own products?

The Second Circuit appears to have …

Sticks And Stones, The Words That Hurt: Entrenched Stereotypes Eight Years After 9/11, Sahar F. Aziz

City University of New York Law Review

No abstract provided.

Law & Organizing: An Introduction To The Public Interest Practice Section, Shirley Lang

City University of New York Law Review

No abstract provided.

Front Matter

City University of New York Law Review

No abstract provided.

Historically Black Colleges Advance Reverse Academic Diversity, L. Darnell Weeden

City University of New York Law Review

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Housing Is Harm Reduction: The Case For The Creation Of Harm Reduction Based Termination Of Tenancy Procedures For The New York City Housing Authority, Megan Stuart

City University of New York Law Review

No abstract provided.

Negusie V. Holder: The End Of The Strict Liability Persecutor Bar?, Karl Goodman

City University of New York Law Review

No abstract provided.

Here Comes The Neighborhood: Attorneys, Organizers, And Immigrants Advancing A Collaborative Vision Of Justice, Sebastian Amar, Guy Johnson

City University of New York Law Review

No abstract provided.

December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz

Hallowed Secularism

Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Worker Unity And The Law: A Comparative Analysis Of The National Labor Relations Act And The Fair Labor Standards Act, And The Hope For The Nlra's Future, Jonathan Fox Harris

City University of New York Law Review

No abstract provided.

Role Of Legal Services In Workers' Organizing, Nadia Marin-Molina, Jamie Vargas

City University of New York Law Review

No abstract provided.

Lawyers As Resource Allies In Workers' Struggles For Social Change, E. Tammy Kim

City University of New York Law Review

No abstract provided.

Cyber Warfare And Precautions Against The Effects Of Attacks, Eric Talbot Jensen

Faculty Scholarship

Ninety-eight percent of all U.S. government communications travel over civilian-owned-and-operated networks. Additionally, the government relies almost completely on civilian providers for computer software and hardware products, services, and maintenance. This near-complete intermixing of civilian and military computer infrastructure makes many of those civilian objects and providers legitimate targets under the law of armed conflict. Other civilian networks, services, and communications may suffer collateral damage from legitimate attacks on government targets. To protect those civilian objects and providers from the effects of attacks, the law of armed conflict requires a state to segregate its military assets from the civilian population and …

Snyder V. Louisiana: Continuing The Historical Trend Towards Increased Scrutiny Of Peremptory Challenges, John P. Bringewatt

Michigan Law Review

In March 2008, the Supreme Court decided Snyder v. Louisiana, the latest in the line of progeny of Batson v. Kentucky. This Note demonstrates that Snyder is part of a historical pattern of Supreme Court decisions concerning the use of peremptory challenges in which the Court has moved away from permitting the unfettered use of the peremptory challenge in favor of stronger Equal Protection considerations. Snyder alters the requirements for trial judges in deciding Batson challenges by requiring them to provide some explanation of their reasons for accepting a prosecutor's justification of a peremptory challenge. Snyder is the …

The Pornographic Secondary Effects Doctrine, John Fee

Faculty Scholarship

No abstract provided.

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt

Faculty Scholarship

No abstract provided.

State Of Utah V. John Vernon Cecil : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– )

Appeal from convictions for aggravated assault, criminal mischief, and reckless driving, in the Fifth Judicial District Court of Utah, Washington County, the Honorable G. Rand Beacham presiding.

Albert Holland V. State Of Florida, Lawrence Fox, Susan Reece

Amicus Briefs

No abstract provided.

Padilla V. Kentucky: Immigration Consequences Due To The Ineffective Assistance Of Counsel, Evangeline Pittman

Duke Journal of Constitutional Law & Public Policy Sidebar

No abstract provided.

Self-Employment And Bogus Self-Employment In The European Construction Industry, Michele Faioli, Edoardo Ales

Michele Faioli

Self-Employment and Bogus Self-Employment in the European Construction Industry Project carried out with the financial assistance of the European Commission There have always been self-employed workers in the construction industry. Craftsmen in particular are often self-employed workers. Approximately 14% of construction workers are self-employed today, according to “Employment in Europe 2005”. The level of self-employed workers is even higher in some countries, such as Greece (40%), Poland (29%), Cyprus, Italy, Portugal, UK. The distinction between self-employed workers and employees has important fiscal, social and economic consequences: • Self-employed workers work under their own professional responsibility and therefore do not work …

Where Have All The Lenders Gone?: "Loan To Own Transactions" In The Current Credit Market, Stephanie A. Nadler

Stephanie A Nadler

Credit is not readily available in current markets. While distressed firms are in dire need of capital contributions, traditional lenders are not willing to make risky loans. Distressed firms have turned to hedge funds as lenders for much-needed capital. Thus, hedge funds engage in “loan to own” transactions, a lending technique that has recently drawn much criticism. In a loan to own transaction, the hedge fund makes a loan to a distressed company, while also taking an equity stake in the company. Pursuant to such activity, the hedge fund will generally gain a seat on the board of directors or …

December 27, 2009: As Christmas Goes, So Goes The Nation, Bruce Ledewitz

Hallowed Secularism

Blog post, “As Christmas Goes, So Goes the Nation“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

One Spark Can Set A Fire: The Role Of Intent In Incitement To Genocide, Kate Kovarovic

Kate Kovarovic

The world was introduced to an entirely new method of warfare during World War II: that which was fought with words. Hitler mastered the art of media manipulation, and the world struggled to overcome his capacity to influence the German people. After the war, the international community felt compelled to restrict the type of conduct that had enabled Hitler to so easily gain control of his audiences. However, legal scholars struggled to balance this need with the protection of free speech. Eventually, the Genocide Convention was drafted to explicitly prohibit direct and public incitement to genocide, but not mere hate …

The Obama Administration’S Policy Change Grants Asylum To Battered Women: Female Genital Mutilation Opens The Door For All Victims Of Domestic Violence, David Z. Ma

David Z Ma

ABSTRACT Throughout his Presidential campaign in 2008 and at his inauguration on January 20, 2009, President Obama repeatedly promised the American people one absolute: change. Change would come in many forms, and on April 13, 2009, change came to immigration law and to victims of domestic violence. President Obama’s administration filed a supplemental appeal brief outlining its policies for victims of domestic violence seeking asylum in the U.S. This policy completely reversed the Bush administration’s position on the issue. Yet, how did this change come about? In the preceding decade before President Obama took office, the Board of Immigration Appeals …

Estimating The Impact Of The Death Penalty On Murder, John Donohue, Justin Wolfers

John Donohue

No abstract provided.

Consumers Want To Be In Europe; Corporations Want To Be In The U.S.: How To Reform Mandatory Consumer Arbitration Agreements To Be Fair To Both Parties, Kelly Parfitt

Kelly Parfitt

Arbitration is a popular method of resolving legal disputes between businesses. However, in the last few years, corporations have begun putting mandatory consumer arbitration agreements in small print on sales contracts and receipts for consumer goods, credit cards, and mortgages. Consumers are forced to pay fees much higher than court costs, depending on the case. An arbitrator will do hundreds of cases with the same corporations, be familiar with and even in some cases be affiliated with the corporation. This system results in the overwhelming majority of cases being won by corporations. But in the European Union, consumers are given …

Summary Of Landreth V. Malik, 127 Nev. Adv. Op. No. 16, Charles Gianelloni

Nevada Supreme Court Summaries

An appeal from default judgment stemming from a property dispute ordered by the Family Court Division of the Eighth Judicial District Court