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Issues Associated With The Implementation Of Article 82 Of The United Nations Convention On The Law Of The Sea, Aldo Chircop, International Seabed Authority

Reports & Public Policy Documents

The 1982 UN Convention on the Law of the Sea (the Convention) is the most important international regime governing the oceans. It covers a wide range of issues, including navigational rights, protection of the marine environment and, relevant for this paper, jurisdiction over living and non-living marine resources. The Convention entered into force in 1994 and, as of October 2009, 158 States and the European Community were parties to the Convention. Of the major powers, only the United States has yet to accede to the Convention, though there are indications it may soon join as well.

Terroir Vs. Trademarks: The Debate Over Geographical Indications And Expansions To The Trips Agreement, Emily C. Creditt

Vanderbilt Journal of Entertainment & Technology Law

The ever expanding global marketplace and increasing sophistication of consumers has led to a heightened desire for high-quality wines, spirits and food products that derive their unique characteristics from the geographical region from which they originate. The particular geographic identity of a product, known as a "geographical indication" can increase the marketability and value of any number of consumer goods, from wines and spirits to rice and cheese. The desire to protect geographical indications from misappropriation and abuse eventually led to the adoption of the Agreement on Trade-Related Aspects for Intellectual Property Rights (TRIPS Agreement) during the establishment of the …

Internet Retailers And Intertype Competition: How The Supreme Court's Incomplete Analysis In Leegin V. Psks Leaves Lower Courts Improperly Equipped To Consider Modern Resale Price Maintenance Agreements, Daniel B. Nixa

Vanderbilt Journal of Entertainment & Technology Law

In Leegin Creative Leather Products, Inc. v. PSKS, Inc., the U.S. Supreme Court held that resale price maintenance (RPM) agreements are to be judged under the rule of reason. An RPM agreement is an agreement between a manufacturer and retailers stipulating that retailers will charge a certain price for the manufacturer's products. This Note argues that the Supreme Court should have instructed lower courts to consider intertype competition in addition to interbrand and intrabrand competition when evaluating RPM agreements under the rule of reason. Two reasons lead to this conclusion. First, the Internet has invigorated intertype competition and has made …

The 2008 Federal Obscenity Conviction Of Paul Little And What It Reveals About Obscenity Law And Prosecutions, Robert D. Richards, Clay Calvert

Vanderbilt Journal of Entertainment & Technology Law

This Article provides an inside perspective on the 2008 obscenity trial and conviction of veteran adult movie producer Paul Little, who is known in the adult industry as Max Hardcore. Little was sentenced by a federal judge to nearly four years in prison after a twelve-person jury in Tampa, Florida found him guilty of multiple counts of selling and distributing obscene content via the U.S. Mail and Internet.

The Article centers around comments and remarks drawn from four exclusive interviews conducted in person by the authors with: (1)Jeffrey Douglas, the California-based attorney who represented and defended Paul Little in United …

The Tangled Web Of Ugc: Making Copyright Sense Of User-Generated Content, Daniel Gervais

Vanderbilt Journal of Entertainment & Technology Law

Even as a mere conceptual cloud, the term "user-generated content" is useful to discuss the societal shifts in content creation brought about by the participative web and perhaps best epitomized by the remix phenomenon. This Article considers the copyright aspects of UGC. On the one hand, the production of UGC may involve both the right of reproduction and the right of adaptation--the right to prepare derivative works. On the other hand, defenses against claims of infringement of these rights typically rely on (transformative) fair use or the fact that an insubstantial amount (such as a quote) of the preexisting work …

Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods

Vanderbilt Journal of Entertainment & Technology Law

As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …

Stop The Bleeding: Title Ix And The Disappearance Of Men's Collegiate Athletic Teams, Victoria Langton

Vanderbilt Journal of Entertainment & Technology Law

Title IX, originally conceived to protect women from gender discrimination, has had the unfortunate and unintended effect of significantly reducing opportunities for male athletes to compete in their sports at the collegiate level. The various Department of Education opinion letters interpreting Title IX and its regulations provide three routes by which universities can comply with Title IX's requirement of equal opportunities for women to participate in collegiate athletics, one of which is proportionality between the percentage of athletic opportunities for women as compared to the percentage of women in the general population of the school. Circuit courts' current interpretation of …

Confirm Harold Koh As State Department Legal Adviser, Brandt Goldstein

Other Publications

No abstract provided.

Evaluating Punishment In Purgatory: The Need To Separate Pretrial Detainees' Conditions-Of-Confinement Claims From Inadequate Eighth Amendment Analysis, David C. Gorlin

Michigan Law Review

The Due Process Clause prohibits all "punishment" of pretrial detainees- individuals that are held by the Government, but not adjudged guilty of any crime. The Eighth Amendment only prohibits the infliction of "cruel and unusual punishments" upon convicted individuals. Despite the Supreme Court's insistence that the Due Process Clause, and not the Eighth Amendment, protects pretrial detainees from deplorable and harmful conditions of confinement, most federal circuits now assess pretrial detainees' claims under Eighth Amendment standards. Under the Eighth Amendment framework, pretrial detainees must establish that conditions subjected them to a substantial risk of serious harm, and that jailers were …

Front Matter

Michigan Law Review

No abstract provided.

Voice, Self, And Persona In Legal Writing, Chris Rideout

Faculty Articles

From the author's view, sorting out the complexity of voice—and discussing voice in legal prose—requires a rethinking of who the writer is in legal discourse and, importantly, how that writer is represented in legal prose. It becomes a question not of self expression, but of self-representation and persona. This article will first look at discussions of voice in writing—beginning with what we might mean by voice, then with discussion of personal voice, and then of professional voice. The article then offers another model for looking at voice — a discoursal model — and use that model to reconstruct the idea …

Richard Delgado And The Politics Of Citation, Robert S. Chang

Faculty Articles

Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a "serious charge of invidious racism on the part of respected legal scholars." Professor Derrick Bell described the piece as "an intellectual hand grenade, tossed over the wall of the establishment as a form of academic protest." Whether as firestorm or grenade, this foundational piece had a tremendous impact on the legal landscape. This brief essay examines …

Democratizing The Courts: How An Amicus Brief Helped Organize The Asian American Community To Support Marriage Equality, Robert S. Chang, Karin Wang

Faculty Articles

In this essay, the authors offer an alternative rationale for amicus practice. This rationale emerges from thier experience working on a brief in support of marriage equality that sixty-three Asian American organizations endorsed. They found that an amicus brief can be an effective tool to engage and educate community-based organizations and their constituencies, thereby helping to advance social justice issues. Their story also illustrates how amicus practice can be used to organize communities around a legal issue and to democratize the courts. In this way, even if the effect of amicus briefs on litigation outcomes may be marginal, the process …

How Privacy Killed Katz: A Tale Of Cognitive Freedom And The Property Of Personhood As Fourth Amendment Norm, Christian Halliburton

Faculty Articles

This article seeks for the very first time to inform that debate with a notion of property as an essential aspect of human identity in a "mash-up of sorts that might be called Fourth Amendment jurisprudence meets the Radinesque Property of Personhood. Using an expanded version of the notion of property developed by Professor Margaret Radin in her pioneering work Property and Personhood, the Fourth Amendment must contend with the social reality that some aspects of "ownership" or entitlement to property, and some level of vindication of those interests, are essential to the formation and viability of complete human beings. …

Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings As Constitutional Facts, Bryan Adamson

Faculty Articles

Critical Error: Courts’ Refusal To Recognize Intentional Race Discrimination Findings as Constitutional Facts raises a novel double standard: while fact-specific trial court findings of actual malice are reviewed under the “independent judgment” standard (a wholesale re-weighting of the trial court record and decision) on appeal, intentional race discrimination findings are reviewed under the far more deferential Federal Rule of Civil Procedure 52 clear error standard. Both legal concepts are arrived at through assessing state-of-mind determinations; both directly trigger constitutional proscriptions. Only actual malice, however, is classified as a constitutional fact, thus taking it out of the more deferential standard of …

Asking Jurors To Do The Impossible: A Response To Peter Tiersma, Janet Ainsworth

Faculty Articles

Comments from Janet Ainsworth at the Summers-Wyatt Symposium - Asking Jurors to Do the Impossible - Friday March 27, 2009 Transcript.

International Judicial Affairs, Robert Alsdorf

Faculty Articles

The article reports on training programs launched by several countries for their judges. It is reported that the International Judicial Affairs (IJA) Committee was established in the U.S. in the year 2007 to develop opportunities for judges to work with fellow judges in other jurisdictions in mutually beneficial ways. Sierra Leone, as reported, has also carried out reforms in their legal system through their Justice Sector Reform Programme (JSRP).

Knocked Down Again: An East L.A. Story On The Geography Of Color And Colors, Steven W. Bender

Faculty Articles

The article discusses the history of struggle of Latin Americans and the legacy of gang violence in East Los Angeles, California. The author states that the positive thing about the place is the closeness of the community and families. However, the 2000 Census states that ninety-seven percent of the city's population is Latin American with about a quarter living below poverty line. Moreover, sociologists consider gang warfare as a defense of turf marked by defined geographic boundaries.

Secrecy And Democratic Decisions, Mark A. Chinen

Faculty Articles

Secrecy to protect intelligence sources and methods appears often in the nation's discourse about controversial national security matters. Often it is asked whether such secrecy is consistent with the nation's democratic principles and processes. This article argues such principles and processes provide a framework through which we try to answer questions about secrecy and indeed legitimate them, but are often too broad to provide definitive guidance in specific cases. At the same time, the sources and methods argument itself is overbroad because of the nature of the sources and methods themselves; the tentative nature of intelligence assessments derived from those …

Marks Of Rectitude, Margaret Chon

Faculty Articles

Trademarks and certification marks increasingly denote sustainability or social responsibility standards. These marks of rectitude are particularly noticeable in the context of global trade, where market integration is accompanied by relatively uneven integration of environmental, labor and other standards, and where consumers in the so-called global North choose how to empower producers and/or encourage development of markets in the global South. But consumer participation in these transactions is under-explored by reference to criteria such as the quality not to mention accountability and transparency of the standards embedded within the goods or services. Newer stakeholders and meaning-makers such as the largely …

Recovering Access: Rethinking The Structure Of Federal Civil Rulemaking, Brooke Coleman

Faculty Articles

Access to the justice system, which is broadly defined in the article as the opportunity to resolve the merits of a legal claim, is declining. One source of this decline is the Civil Rules. This article examines how the institutional failings of the civil rulemaking process have allowed for the production of rules that diminish access. Rule 1 of the Federal Rules of Civil Procedure provides that the Civil Rules should facilitate the "just, speedy, and inexpensive resolution" of legal claims. While the Civil Rules Committee considers this timeworn mandate when drafting the rules, there is no agreement about how …

Crossover, Richard Delgado

Faculty Articles

Should minority writers aim for a "crossover" audience of mainstream (white) readers or write mainly for a circle of readers like themselves, viz., minorities or people of color? Despite the attractions of achieving crossover status -- including fame, fortune, and book reviews -- the article argues that writers of color should usually visualize an audience of their peers, that is, readers of color. Writing for a broad audience of mostly white readers risks that the minority writer will adopt topics, language, and approaches that will appeal and ring true to this group. Consciously or unconsciously the writer may pull his …

Liberal Mccarthyism And The Origins Of Critical Race Theory, Richard Delgado

Faculty Articles

The article discusses the emergence of liberal McCarthyism and the origins of critical race theory in the U.S. It reviews the conflicting stories from Harvard Law School in Massachusetts and the University of California in Berkeley and Los Angeles about critical race theory. The article examines the role of radical professors Kingman Brewster, James Conant, Clark Kerr and Albert Bowker in McCarthyism. The author relates how professors David Trubek, Richard Abel, Staughton Lynd and Anthony Platt lost their job due to liberal McCarthyism.

Externships For Millennial Generation Law Students: Bridging The Generation Gap, Susan Mcclellan

Faculty Articles

This article examines the literature about our newest generation of law students, the Millennials, and offers suggestions to help externship faculty work with supervisors and students to avoid potential problems that may arise from generational differences. After reviewing the literature, the article discusses both positive and negative Millennial generation traits and explains how identified generational problems might arise in externship field placements. The article then offers suggestions from psychologists, managerial literature, and the author's experience to help externship directors and faculty work with field supervisors and students to avoid or resolve issues. The article concludes that members of the Millennial …

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara Phillips, Amy Sommers

Faculty Articles

This article explores the tensions between China’s newly privatized model of urban housing ownership and its socialist foundations. Through a combination of interviews and local research, the authors investigate the evolution of property ownership in Shanghai’s architecturally-distinctive stock of historic housing, encompassing various architectural periods and styles (including leading examples of Art Deco), which have gone through periods of private ownership (pre-1949), gradual socialization (1949-1965), militant squatting and occupation (1966-1976), and now privatization (1977 to current). Originally single-family residences, many were gerrymandered into multi-family units, in which the original owner/resident was relegated a small portion of space, and the remainder …

Can International Law Secure Women’S Health? An Examination Of Cedaw And Its Optional Protocol, Dhrubajyoti Bhattacharya

Nursing and Health Professions Faculty Research and Publications

No abstract provided.

Ad Law Incarcerated, Giovanna Shay

Faculty Scholarship

This Article examines one part of the legal regime administering "mass incarceration" that has not been a focus of legal scholarship: prison and jail policies and regulation. Prison and jail regulation is the administrative law of the "carceral state," governing an incarcerated population of millions, a majority of whom are people of color. The result is an extremely regressive form of policy-making, affecting poor communities and communities of color most directly. This Article proceeds in three parts. Part I first sketches the history of court involvement in prison reform, explaining that prison litigation made institutions more bureaucratic and increased the …

Dialogue Magazine, Winter 2009

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Strader V. Graham: Kentucky's Contribution To National Slavery Litigation And The Dredscott Decision, Robert G. Schwemm

Kentucky Law Journal

No abstract provided.

Putting The Mice In Charge Of The Cheese: Why Federal Judges Cannot Always Be Trusted To Police Themselves And What Congress Can Do About It, Lara A. Bazelon

Kentucky Law Journal

No abstract provided.