Law Commons^™

David Riesman: From Law To Social Criticism, Daniel Horowitz

Buffalo Law Review

No abstract provided.

Cover & Front Matter

Journal of Strategic Security

No abstract provided.

Communications Decency Act Provides No Safe Harbor Against Antifraud Liability For Hyperlinks To Third-Party Content Under The Securities And Exchange Act, Sheri Wardwell

Washington Journal of Law, Technology & Arts

In 2008, the U.S. Securities and Exchange Commission (SEC) released interpretive guidelines regarding antifraud liability for statements and disclosures made on company Web sites. The SEC noted that a company may incur both criminal and civil liability under section 10(b) of the Securities Exchange Act and Rule 10b-5 for hyperlinks to third-party content. However, the Communications Decency Act, 47 U.S.C. § 230(c), expressly preempts civil liability for interactive computer service providers that post hyperlinks to third-party content on their Web sites. This Article examines whether section 230 immunizes companies from civil liability for hyperlinks to third-party content despite the SEC’s …

Tax Convergence And Globalization, Reuven S. Avi-Yonah

Law & Economics Working Papers

This paper addresses three questions: 1. Is there evidence that the tax systems of different countries have converged (i.e., become more similar) in the period 1980-2010? 2. If so, what is the explanation for this convergence? 3. Is convergence a positive or negative development?

The Redemption Puzzle, Reuven S. Avi-Yonah

Law & Economics Working Papers

Following the adoption of partial integration in 2003, there was only a modest increase in dividends during the period 2004-7, from about 300 to about 500 (if 1987 levels are set at 100). Redemptions, however, showed a remarkable increase, jumping from about the same as dividends (300) to 1,800. This, therefore, leads to a new puzzle: Why the sudden sharp increase in redemptions following 2003?

Like the dividend puzzle, the redemption puzzle is susceptible to several explanations. For example, Bratton and Wachter note that managers who hold stock options tend to favor redemptions over dividends. But in this case, I …

Walking From Cloud To Cloud: The Portability Issue In Cloud Computing, Robert H. Carpenter Jr.

Washington Journal of Law, Technology & Arts

Cloud computing has become popular among businesses that see information technology as outside their core competencies, demand a highly flexible computing environment, and seek to achieve more predictable costs. In some ways, cloud computing resembles IT outsourcing arrangements used in the financial services industry for many years; therefore lessons from financial services IT outsourcing agreements may prove helpful to parties interested in adopting cloud computing. This article considers the use of “data hostage” clauses in combination with arbitration or litigation clauses by service providers and the problems these clauses can cause outsourcing businesses. These two clauses together can insulate service …

Arbitration Nation: Wireless Service Providers And Class Action Waivers, Alexander J. Casey

Washington Journal of Law, Technology & Arts

State consumer protection laws protect the public against unfair and deceptive trade practices. Plaintiffs seeking to invoke such consumer protection laws often bring class action suits to vindicate their rights. However, some jurisdictions have recently shown a willingness to enforce contract arbitration clauses that contain class action waivers. Such waivers prevent consumers from invoking class action status, and may also prevent them from enforcing relevant state consumer protection laws. Other courts, by contrast, have held that service contracts containing class action waivers violate relevant state consumer protection laws and are against public policy. Yet another group of courts facing the …

Translating Equality: Language, Law And Poetry, Kimiko Hahn, Jenny Rivera, Ruthann Robson

City University of New York Law Review

No abstract provided.

Material Support And The First Amendment: Eliminating Terrorist Support By Punishing Those With No Intention To Support Terror?, Bradley A. Parker

City University of New York Law Review

No abstract provided.

Can A Computer Read A Doctor's Mind? Whether Using Data Mining As Proof In Healthcare Fraud Cases Is Consistent With The Law Of Evidence, Colin Caffrey

Northern Illinois University Law Review

Healthcare fraud is a growing problem in the United States. Data mining is increasingly being used to combat it. After briefly explaining data mining, this article analyzes whether evidence obtained by data mining is admissible in court under the laws of evidence. It then examines the issue under both the Federal Rules of Evidence and the common law. This article focuses on three key questions: (1) Whether the use of prior acts by practitioners is proper under the law of evidence? (2) Is testimony based on data mining proper expert testimony? and (3) Does the methodology of data mining satisfy …

How The Lack Of Prescriptive Technical Granularity In Hipaa Has Compromised Patient Privacy, Tim Wafa

Northern Illinois University Law Review

This article argues that HIPAA legislation has a severe flaw within its architecture, which has compromised patient privacy. Although the drafters of the legislation recognized the importance of providing comprehensive federal legislation to improve regulatory uniformity amongst states, they failed to recognize the importance highly specific ("granular") technical requirements play in facilitating improved privacy for patients. HIPAA rules surrounding technology implementation give too much latitude to covered entities, and as a result, provide inadequate protection to protected health information. HIPAA rules should be amended to mandate baseline technical ("granular") standards to ensure uniform efficacy in the safeguarding of protected health …

Vehicle Search Incident To A Lawful Arrest: The New Two-Part Rule From Arizona V. Gant Misses The Mark, Alexander J. Geocaris

Northern Illinois University Law Review

This Note examines the recent Supreme Court decision of Arizona v. Gant and how it affects a vehicle search incident to a lawful arrest exception to the Fourth Amendment's warrant requirement. The rationales for a search incident to a lawful arrest were established by Chimel v. California to search the reachable area of an arrestee for an officer's safety and to prevent the destruction of evidence. In New York v. Belton, the Supreme Court established a bright-line rule that officers may search the passenger compartment of a vehicle as incident to a lawful arrest since the Court found that Chimel …

Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio

Law Student Publications

The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner’s right to “meaningful access” to the courts from both an adult and juvenile’s perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of “meaningful access” and shows …

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Law Student Publications

Part II of this comment will discuss the existing issues that effectuate the tension between the criminal justice system and mentally ill offenders, which provides important context to the debate surrounding the establishment of MHCs. Part III will examine the recent federal support for alternative approaches to handling mentally ill offenders and the different operational tactics implemented by existing MHC programs. Finally, Part IV will study the launch of Virginia’s first MHC in Norfolk, while exploring the latest legislative defeat in Virginia, Senate Bill 158 of the 2010 General Assembly, which sought to establish MHCs statewide.

Table Of Contents, Cardozo Journal Of International And Comparative Law, Vol. 18, Iss. 3

Cardozo Journal of International and Comparative Law

No abstract provided.

Too Focused On The Rules: The Importance Of Supervisory Oversight In Financial Regulation, Julie Dickson

Cardozo Journal of International and Comparative Law

No abstract provided.

Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Salama, Daniel Benoliel

Cardozo Journal of International and Comparative Law

In the backdrop of the strict patent regime flatly adopted by the World Trade Organization (WTO) for all countries, a few countries constantly challenge this system through aggressive patent bargains. Within the pharmaceutical sector, noticeably, some countries now threaten to issue or otherwise actually issue compulsory licenses that may sway large pharmaceutical companies into selling drugs with large discounts or into granting voluntary licenses domestically. That is conspicuously the negotiation strategy adopted by Brazil in its negotiations with big international pharmaceutical companies.

This paper explains Brazil's aggressive bargaining approach based on an analysis of two aspects of its political economy. …

Regulating The Airwaves In Israel's Burgeoning Democracy: Why The Israeli High Court Of Justice Should Have Acknowledged Free Speech In The Case Of Arutz Seven, Maya Tarr

Cardozo Journal of International and Comparative Law

The note examines the role of the Supreme Court of Israel in promoting democracy and freedom of speech, highlighting its interpretation of Basic Laws to include these rights. It critiques the Court's analysis in the Hok Habezek amendment case for not adequately addressing freedom of speech, despite its significant rulings in cases like Kol Haam v. Minister of Interior Affairs.

Mōri V. Japan: The Nagoya High Court Recognizes The Right To Live In Peace, Hudson Hamilton

Washington International Law Journal

The following is a translation of the Nagoya High Court’s decision in Mōri v. Japan, a case challenging the constitutionality of Japan’s deployment of its Self-Defense Forces (“SDF”) to the Middle East in connection with the United States-led occupation of Iraq. Beginning in December of 2003, Japan deployed ground and air forces of the SDF to the Middle East, including three C-130H “Hercules” transport aircraft which were used to airlift coalition forces and supplies between Kuwait and Baghdad. In response, more than 5,700 citizens, represented by over 800 attorneys, filed lawsuits in eleven district courts across the country in …

Georgia Law Review Editorial Board, 2010-2011, Georgia Law Review

Materials from All Student Organizations

No abstract provided.

Journal Of Intellectual Property Law Editorial Board, 2010-2011, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.

Tribute, Lawrence M. Solan

Faculty Scholarship

No abstract provided.

Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray

Osgoode Hall Law Journal

The vast universe of chemicals in the Canadian environment is presently understood only poorly by science. For many thousands of chemicals, important data regarding chronic toxicity are lacking. As a result, the requirement that the plaintiff in a negligence action prove causation of illness on a but-for standard has frequently been unattainable. In Resurfice Corp. v. Hanke, the Supreme Court of Canada articulated an important exception to the but-for test. In circumstances where but-for causation is unprovable due to limits in scientific knowledge, proof that a defendant materially contributed to the plaintiff's risk of incurring the type of injury that …

Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman

Osgoode Hall Law Journal

How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In the …

Chasing Reputation: The Argument For Differential Treatment Of Public Figures In Canadian Defamation Law, Bob Tarantino

Osgoode Hall Law Journal

When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it is apparent that the Court's view on the importance of protecting reputation has changed. Recent decisions hail the importance of using freedom of expression as a countervailing interest against the oft-criticized strictures of the common law of defamation. Fundamental alterations in the nature of mass and interactive media and in the nature of reputation are two phenomena informing this change. Increased attention to the theorizing of "reputation," the interest whose protection animates the entire tort of defamation, reveals that reputation is itself a highly …

Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer

Osgoode Hall Law Journal

There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board …

Book Review: From Coexistence To Conquest: International Law And The Origins Of The Arab-Israeli Conflict, 1891- 1949, By Victor Kattan, Michael Lynk

Osgoode Hall Law Journal

No abstract provided.

Book Review: The Disenchantment Of Secular Discourse, By Steven D. Smith, Lorne Neudorf

Osgoode Hall Law Journal

No abstract provided.

Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag

Osgoode Hall Law Journal

No abstract provided.

Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple

Osgoode Hall Law Journal

No abstract provided.