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Full-Text Articles in Law

The Evolution Of Copyright Law In The Arts, Kevin Liftig Dec 2009

The Evolution Of Copyright Law In The Arts, Kevin Liftig

Honors Scholar Theses

As digital storage of intellectual goods such as literature and music has become widespread, the duplication and unlicensed distribution of these goods has become a frequent source of legal contention. When technology for production and replication of intellectual goods advanced, there were disputes concerning the rights to produce and duplicate these works. As new technologies have made copies of intellectual goods more accessible, legal institutions have largely moved to protect the rights of ownership of ideas through copyright laws. This paper will examine key changes in the technology that affect intellectual property, and the responses that legal institutions have made ...


Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur Nov 2009

Islamist Distortions: Hizb Ut- Tahrir A Breeding Ground For Al- Qaida Recruitment, Krishna Mungur

Journal of Strategic Security

In 1953, a radical splinter organization from the Muslim Brotherhood,Hizb ut-Tahrir (HuT), was founded by the Al-Azhar University (Cairo,Egypt) educated jurist Sheikh Taqiuddin an-Nabhani who criticized theMuslim Brotherhood for collaborating with Egyptian secularists, such as Gamal Abdel Nasser. A sizable portion of the more radical members of the Muslim Brotherhood broke away, to join Nabhani's budding movement. Today, HuT is known to operate in more than forty countries, calling for the restoration of the Islamic Caliphate, with a history of violence and links to violent terrorist organizations. Given increasing tensions in the region over the presence of ...


Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis Nov 2009

Extinguishing The Torch Of Terror: The Threat Of Terrorism And The 2010 Olympics, Serge E. Vidalis

Journal of Strategic Security

With the change in seasons comes the expected change of insurgency operations in Afghanistan as Taliban and al-Qaida fighters mount their spring and summer offensives against both NATO forces and Afghanis sympathetic to foreign troops. As insurgents curtail their seasonal operations with the arrival of fall and winter, is it likely that a threat may arise from Afghanistan to affect the 2010 Olympics in Vancouver, British Columbia? As will be illustrated herein, the threat to the games will not be borne directly from the insurgency in Afghanistan but rather by the universal jihadist ideology of al-Qaida rather than the nationalist ...


The World's Richest Indian: The Scandal Over Jackson Barnett's Oil Fortune, Iris Goodwin Oct 2009

The World's Richest Indian: The Scandal Over Jackson Barnett's Oil Fortune, Iris Goodwin

UTK Law Faculty Publications

No abstract provided.


Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler Oct 2009

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler

All Faculty Scholarship

In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's ...


The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power Sep 2009

The Residential Segregation Of Baltimore's Jews: Restrictive Covenants Or Gentlemen's Agreement?, Garrett Power

Garrett Power

No abstract provided.


Modern Man, Thomas Kohler Aug 2009

Modern Man, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Afghanistan And International Security, Adam Roberts Aug 2009

Afghanistan And International Security, Adam Roberts

International Law Studies

No abstract provided.


Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges Jul 2009

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Cornell Journal of Law and Public Policy

No abstract provided.


Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges Jul 2009

Lessons From The Laboratory: The Polar Opposites On The Public Sector Labor Law Spectrum, Ann C. Hodges

Law Faculty Publications

Section I analyzes the legal framework and history of collective bargaining in Illinois, and Section II follows with a similar analysis for Virginia. Each section includes current data about public sector employees and union activity in the two states. Section III follows with a discussion of possible explanations for the differences in the law of the two states. Section IV looks at the lessons from this analysis for state and federal lawmakers, unions, employers, and labor relations advocacy groups.


Surrogacy And The Politics Of Commodification, Elizabeth S. Scott Jul 2009

Surrogacy And The Politics Of Commodification, Elizabeth S. Scott

Law and Contemporary Problems

Scott explores the history of surrogacy over the past twenty years. She also offers a historical account of the legal and social issues surrounding surrogacy over the past twenty years. She seeks to explain how and why the social and political meanings of surrogacy have changed over the past decade. Furthermore, she examines how surrogacy was framed as commodification in the Baby M context.


Xilinx And The Arm's-Length Standard, Reuven S. Avi-Yonah Jun 2009

Xilinx And The Arm's-Length Standard, Reuven S. Avi-Yonah

Articles

On May 7 the Ninth Circuit decided Xilinx v. Commissioner. By a 2-1 majority, the panel reversed the Tax Court and held that costs of employee stock options must be included in the pool of costs subject to a tax-sharing agreement. The Xilinx decision is important for three reasons. First, cost sharing is probably the key element in current transfer pricing law because it is the principal way in which profits from intangibles get shifted from the United States to low-tax jurisdictions. Moreover, informed observers agree that the allocation of income from intangibles is the most important problem in transfer ...


Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov Jun 2009

Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov

Julie Novkov

Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of ...


Salmon, Sage-Brush, And Safaris: Alaska’S Territorial Judicial System And The Adventures Of The Floating Court, 1901-1915, Michael Schwaiger Jun 2009

Salmon, Sage-Brush, And Safaris: Alaska’S Territorial Judicial System And The Adventures Of The Floating Court, 1901-1915, Michael Schwaiger

Alaska Law Review

No abstract provided.


The Importance Of Intelligence In Combating A Modern Insurgency, Kevin Reamer May 2009

The Importance Of Intelligence In Combating A Modern Insurgency, Kevin Reamer

Journal of Strategic Security

Throughout history the world has been plagued by insurgencies. While the underlying causes of each new insurgency have been different, they are all similar in certain areas. This similarity entails that the effective countering of an insurgency can be turned into a science with a set of guidelines to follow based on conditions on the ground. Guidelines are important because insurgencies are flexible and to defeat them the counterinsurgency must be equally flexible if not more flexible. Good intelligence is critical to the success of an insurgency. With their small, poorly equipped forces, the leaders of insurgencies need to know ...


Al-Qaeda In The Lands Of The Islamic Maghreb, Gregory A. Smith May 2009

Al-Qaeda In The Lands Of The Islamic Maghreb, Gregory A. Smith

Journal of Strategic Security

This paper is organized into four chapters that focus on the terrorist group Al Qaeda in the Lands of the Islamic Maghreb (AQIM). The four chapters examine different facets of the collective environment that have allowed AQIM to succeed and even thrive at times. The first chapter begins with Algeria’s war of independence with the French. The second chapter focuses on the nomadic Tuareg people. It seeks to show how the Tuaregs were deprived by French occupiers and how European colonization cost the Tuaregs access to vital trade routes used for centuries. The third chapter will very briefly examine ...


Connecting The Dots Between The Constitution, The Marshall Trilogy, And United States V. Lara: Notes Toward A Blueprint For The Next Legislative Restoration Of Tribal Sovereignty, Ann E. Tweedy May 2009

Connecting The Dots Between The Constitution, The Marshall Trilogy, And United States V. Lara: Notes Toward A Blueprint For The Next Legislative Restoration Of Tribal Sovereignty, Ann E. Tweedy

University of Michigan Journal of Law Reform

This law review Article examines: (1) the underpinnings of tribal sovereignty within the American system; (2) the need for restoration based on the Court's drastic incursions on tribal sovereignty over the past four decades and the grave circumstances, particularly tribal governments' inability to protect tribal interests on the reservation and unchecked violence in Indian Country, that result from the divestment of tribal sovereignty; (3) the concept of restoration as illuminated by United States v. Lara, and finally (4) some possible approaches to partial restoration.

The Article first evaluates the constitutional provisions relating to Indians and the earliest federal Indian ...


The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center Apr 2009

The Legislative History Of Fefcwa And Feptcea, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

No abstract provided.


Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen Apr 2009

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

David S. Bogen

No abstract provided.


The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak Apr 2009

The Court And The Code: A Response To The Warp And Woof Of Statutory Interpretation, Lawrence Zelenak

Duke Law Journal

No abstract provided.


Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar Mar 2009

Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar

Daniel F. Piar

No abstract provided.


Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov Mar 2009

Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov

Julie Novkov

In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state ...


"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner Mar 2009

"Airbrushed Out Of The Constitutional Canon": The Evolving Understanding Of Giles V. Harris, 1903-1925, Samuel Brenner

Michigan Law Review

Richard H. Pildes argued in an influential 2000 article that the U.S. Supreme Court's opinion in Giles v. Harris, which was written by Justice Oliver Wendell Holmes, was the "one decisive turning point" in the history of "American (anti)-democracy." In Giles, Holmes rejected on questionable grounds Jackson W. Giles's challenge to the new Alabama Constitution of 1901-a document which was designed to disfranchise and had the effect of disfranchising African Americans. The decision thus contributed significantly to the development of the all-white electorate in the South, and the concomitant marginalization of southern African Americans. According to ...


Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar Feb 2009

Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar

Daniel F. Piar

No abstract provided.


Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar Feb 2009

Keepers Of The New Covenant: The Puritan Legacy In American Constitutional Law, Daniel F. Piar

Daniel F. Piar

The thesis of the article is that the modern Supreme Court has come to use law just as the American Puritans did: as a tool for regulating and safeguarding the internal, spiritual needs of the populace. Through close readings of landmark civil rights cases, and of primary Puritan texts, I demonstrate that just as the Puritans were concerned with using civil authority to safeguard the soul’s progress to salvation, so does the modern Supreme Court use law to ensure what it sees as the proper conditions for spiritual development. I then remark on several implications of this parallel, including ...


Negro Blood In His Veins: The Development And Disappearance Of The Doctrine Of Defamation Per Se By Racial Misidentification In The American South, Samuel L. Brenner Feb 2009

Negro Blood In His Veins: The Development And Disappearance Of The Doctrine Of Defamation Per Se By Racial Misidentification In The American South, Samuel L. Brenner

Samuel L Brenner

Between the late eighteenth century and the middle of the twentieth century, a number of states in the American South and West (and at least one in the North) recognized some form of the doctrine of defamation per se by racial misidentification (DPSRM). By making a claim under this doctrine, white plaintiffs could recover from defendants who had falsely or mistakenly identified the plaintiffs as “colored,” “negro,” or the like, even absent proof of damages. By the early twentieth century, the doctrine appeared both powerful and monolithic in the Southern states, with courts routinely applying what appeared to be the ...


Article 53(B) Epc: A Challenge To The Novartis Theory Of European Patent History, Justine Pila Jan 2009

Article 53(B) Epc: A Challenge To The Novartis Theory Of European Patent History, Justine Pila

Justine Pila

In this article the authoritative ('Novartis/transgenic plant systems') interpretation of the Article 53(b) EPC exclusion from European patentability of plant and animal varieties, and essentially biological processes for the creation of plants and animals, is considered, and its significance for the trend of EPO jurisprudence and legitimacy of the EC Biotechnology Patenting Directive noted. The Enlarged Board of Appeal's justification for that interpretation in 'Novartis' with reference to the exclusion's legislative history is challenged, and an alternative theory of that history proposed, based on a thorough analysis of the unpublished 'travaux preparatoires' for the Strasbourg and ...


Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila Jan 2009

Chemical Products And Proportionate Patents Before And After Generics V Lundbeck, Justine Pila

Justine Pila

In Generics Ltd v Lundbeck A/S (2009) UKHL 12, the House of Lords affirmed the validity of a patent for a chemical product - an isolated stereoisomer - supported by a method of producing the product, but protecting the chemical product as such independent of the method by which it was made. In so doing, it appears to have resolved a longstanding tension between granting patents for chemical products and requiring that the scope of monopoly rights equiperate with the disclosure in the specification. It also appears to have rejected the Biogen Inc v Medeva plc (1997) RPC 1 (HL) view ...


140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox Jan 2009

140th Anniversary Symposium: Fourteenth Amendment Citizenship And The Reconstruction-Era Black Public Sphere, James Fox

Con Law Center Articles and Publications

This project delves more deeply into the possible meanings of constitutional citizenship.. Somewhat in the tradition of the popular constitutionalism scholars, it proposes that the best source for meanings of constitutional citizenship will come not from traditionally originalist sources but from those who attempted to redefine citizenship in a more egalitarian and democratic manner and who established, both in word and in practice, meanings for citizenship on the ground. This argument borrows a theoretical framework from political and social theory: the theories of civil society and the public sphere. This captures—in ways often missed by both legal scholars and ...


Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire Jan 2009

Permitting Under The Clean Air Act: How Current Standards Impose Obstacles To Achieving Environmental Justice, Annise Katherine Maguire

Michigan Journal of Race and Law

Most studies about the environmental justice movement focus on the disproportionate share of environmental burdens minority and low-income populations bear, the negative effects of an unequal distribution of undesirable land uses, and how industry contributes to the adverse impacts suffered by the communities. Unfortunately, trying to prove that an injury was caused by actions of a nearby facility is difficult, and this approach has yielded few legal victories for environmental justice communities. While it is important to remain focused on how environmental justice communities are disproportionately impacted by undesirable land uses, the analysis must shift if the law is to ...