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2010

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Full-Text Articles in Law

In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court Jun 2010

In Re Evanson, No. 2009-J-033, 2009-Ap-06 (Blkft. Tr. Ct. App., Jun. 22, 2010)., Blackfeet Appellate Court

Court Decisions

The Court of Appeals upheld the lower court’s dismissal of a child custody case for lack of jurisdiction. The Court held that the Blackfeet Family Code limits the Court’s jurisdiction only to those children who reside on the Blackfeet Reservation, which Evanson did not.


Searching Inside Google: Cases, Controversies And The Future Of The World's Most Provocative Company, Jon M. Garon Jun 2010

Searching Inside Google: Cases, Controversies And The Future Of The World's Most Provocative Company, Jon M. Garon

Loyola of Los Angeles Entertainment Law Review

For a company whose motto is "Don't be evil," Google certainly has its share of detractors. The company is at the center of numerous controversies that will determine how people use the Internet, find information, and communicate with each other. The past year has involved both business launches and legal decisions that will reshape Google's future, alter the online environment, and potentially revise copyright and trademark law, including: the marketing of trademarks in online search, the proposed Book Search settlement, the Viacom v. YouTube copyright infringement case, and looming antitrust investigations. The article explores the future of Google as it …


Riaa And Online Piracy: Why Bundling Access To Digital Music With Other Products And Services Would Give The Industry Greater Control Over Downloading, Matthew Hofmeister Jun 2010

Riaa And Online Piracy: Why Bundling Access To Digital Music With Other Products And Services Would Give The Industry Greater Control Over Downloading, Matthew Hofmeister

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Recorded Music Is An Incredibly Tough Business In China - But, It Should Be Incredible, Lindsay Neinast Jun 2010

Recorded Music Is An Incredibly Tough Business In China - But, It Should Be Incredible, Lindsay Neinast

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Third Time's A Charm - Why Congress Should Modify The Newest Incarnation Of The Design Piracy Prohibition Act, Jacqueline Lechtholz-Zey Jun 2010

Third Time's A Charm - Why Congress Should Modify The Newest Incarnation Of The Design Piracy Prohibition Act, Jacqueline Lechtholz-Zey

Loyola of Los Angeles Entertainment Law Review

Throughout America history, our legal system has tended to overlook the fashion industry. While trademark law vigorously protects certain intellectual property in fashion, copyright law has played a very minor role, protecting only prints, images, and similar artistic features that are separable from the clothing. The Design Piracy Prohibition Act (DPPA), in its third iteration as H.B. 2196, represented the ongoing effort to amend U.S. copyright law to provide protection for the actual structure and design of clothing. This Comment argues that the artistic value of fashion design, and the prevalence and ease of design piracy, makes it worthy of …


Network Neutrality And The File Sharing Hydra: A New Opportunity In The Fight Against Copyright Infringement, A. Robert Dawes Jun 2010

Network Neutrality And The File Sharing Hydra: A New Opportunity In The Fight Against Copyright Infringement, A. Robert Dawes

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Punting On Logic: The Roberts Court To Sack Small Business Once Again In American Needle V. Nfl, Matt Carter Jun 2010

Punting On Logic: The Roberts Court To Sack Small Business Once Again In American Needle V. Nfl, Matt Carter

Loyola of Los Angeles Entertainment Law Review

The United States Supreme Court granted certiorari to American Needle, Inc. v. National Football League to determine whether the National Football League could be considered a single entity for purposes of antitrust law, specifically Section 1 of the Sherman Act. A ruling that the National Football League is a single entity—rather than thirty-two separate teams—would mean that the league is completely immune from antitrust laws. This Note examines the split among the federal circuit courts of appeal on this issue and argues for the United States Supreme Court to adopt the approach taken by the majority of federal circuit courts …


The Economic Impact Of Strict Visa Requirements On The Entertainment Industry, Elissa Feldman Jun 2010

The Economic Impact Of Strict Visa Requirements On The Entertainment Industry, Elissa Feldman

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


Gotta Fight For Your Right To Perform: Scope Of New York Common Law Copyright For Pre-1972 Sound Recordings Post-Naxos, Michael Smith Jun 2010

Gotta Fight For Your Right To Perform: Scope Of New York Common Law Copyright For Pre-1972 Sound Recordings Post-Naxos, Michael Smith

Loyola of Los Angeles Entertainment Law Review

No abstract provided.


The Adoption Of Intellectual Property Standards Beyond Trips - Is It A Misguided Legal And Economic Obsession By Developing Countries, Ferris K. Nesheiwat Jun 2010

The Adoption Of Intellectual Property Standards Beyond Trips - Is It A Misguided Legal And Economic Obsession By Developing Countries, Ferris K. Nesheiwat

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Spectrum Of Defamation Of Religion Laws And The Possibility Of A Universal International Standard, Nicole Mclaughlin Jun 2010

Spectrum Of Defamation Of Religion Laws And The Possibility Of A Universal International Standard, Nicole Mclaughlin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Toward A Model Of Humanitarian Intervention: The Legality Of Armed Intervention To Address Zimbabwe's Operation Murambatsvina, Bryan D. Kreykes Jun 2010

Toward A Model Of Humanitarian Intervention: The Legality Of Armed Intervention To Address Zimbabwe's Operation Murambatsvina, Bryan D. Kreykes

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou Jun 2010

A Two-Edged Sword: The Economy Cooperation Framework Agreement Between The Republic Of China And The People's Republic Of China, Chi-An Chou

Brigham Young University International Law & Management Review

No abstract provided.


Independent Creation And Originality In The Age Of Imitated Reality: A Comparative Analysis Of Copyright And Database Protection For Digital Models Of Real People, Bryce Clayton Newell Jun 2010

Independent Creation And Originality In The Age Of Imitated Reality: A Comparative Analysis Of Copyright And Database Protection For Digital Models Of Real People, Bryce Clayton Newell

Brigham Young University International Law & Management Review

No abstract provided.


Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo Jun 2010

Civil Liability For Misstatements In Offer Documents: Striking The Right Balance, Joanna Khoo

Brigham Young University International Law & Management Review

No abstract provided.


American Precedent, Australian Legislation—Are The Rules Of Golf In Violation Of Antitrust Law, Lynden Griggs, Leela Cejnar Jun 2010

American Precedent, Australian Legislation—Are The Rules Of Golf In Violation Of Antitrust Law, Lynden Griggs, Leela Cejnar

Brigham Young University International Law & Management Review

No abstract provided.


June 21, 2010: All Too Human, Bruce Ledewitz Jun 2010

June 21, 2010: All Too Human, Bruce Ledewitz

Hallowed Secularism

Blog post, “All Too Human“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


The Riddle Underlying Refusal-To-Deal Theory, Michael Jacobs, Alan Devlin Jun 2010

The Riddle Underlying Refusal-To-Deal Theory, Michael Jacobs, Alan Devlin

NULR Online

May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question lies at the heart of a highly divisive, international debate concerning the proper application of the antitrust laws. In this short Essay, we consider a profound, yet previously unaddressed, incongruity underlying the controversy. Specifically, why is it that monopolists refuse to share their IP, even at monopoly prices? To resolve this issue, some have recommended compulsory licensing, which would require monopolists to license their IP in certain circumstances. This proposal, however, entails an inescapable contradiction, one rooted in the issue of monopolists’ seemingly inexplicable …


June 17, 2010: Do Christian Groups Have The Right To Hire Only Christians?, Bruce Ledewitz Jun 2010

June 17, 2010: Do Christian Groups Have The Right To Hire Only Christians?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Do Christian Groups Have the Right to Hire Only Christians?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.


Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren Jun 2010

Summary Of Great Basin Water Network V. State Eng’R, 126 Nev. Adv. Op. No. 2, Jason Vanmeetren

Nevada Supreme Court Summaries

A 2003 amendment to section 533.3702 of the Nevada Revised Statutes, empowered the State Engineer to postpone taking action on water appropriation applications “[for] municipal use,” where disputants filed applications within one year prior to the amendment.


Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang Jun 2010

Interregional Recognition And Enforcement Of Civil And Commercial Judgments: Lessons For China From Us And Eu Laws, Jie Huang

Duke Law SJD Dissertations

Judgment recognition and enforcement (JRE) between US sister states, between EU member states, and between Mainland China, Hong Kong, and Macao, are in the category of “interregional JRE.” This Dissertation is a comparative study and focuses on what lessons China can draw from the US and the EU to develop a Multilateral JRE Arrangement between Mainland China, Hong Kong, and Macao.


Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services Jun 2010

Florida V. Hhs - U.S. Motion To Dismiss, United States Department Of Health And Human Services

Patient Protection and Affordable Care Act Litigation

No abstract provided.


In Re Mh, A Minor Child, 2009-Ap-05 (Blkft. Tr. Ct. App., June 16, 2010), Blackfeet Appellate Court Jun 2010

In Re Mh, A Minor Child, 2009-Ap-05 (Blkft. Tr. Ct. App., June 16, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, in a custody petition filed by the grandmother, the Court determined that the lower court violated the grandmothers due process rights by not allowing the grandmother to present testimony, thus determining custody based on hearsay evidence. The case is remanded back to the lower court for a new hearing.


Vacating Chrysler, George Kuney Jun 2010

Vacating Chrysler, George Kuney

Scholarly Works

This article examines the Chrysler section 363 transaction and the opinions that approved it. Chrysler may be merely another example of good facts and a crisis making what is, perhaps, bad law, which has been a pattern in the evolution of chapter 11 jurisprudence since the Bankruptcy Code was enacted in 1978. The Supreme Court appears to have recognized this in the Chrysler case and took the opportunity created by the petition for the certiorari to attempt to wipe the slate clean and reestablish the pre-Chrysler status quo. If this was the Justices’ intent, it is not clear that they …


After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court Jun 2010

After Buffalo V. Burd, 2010-Ap-06 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court overturned the lower court’s reward of alimony, finding that Blackfeet Tribal Code does not have a law regarding alimony. The Court also dismissed a restraining order because there was nothing in the pleading to substantiate the need for a restraining order and the lower court did not hold a hearing regarding it.


In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court Jun 2010

In Re Marriage Of Blackman And Blackman, 2008-Ca-100 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court held that Blackfeet Law and Order Code, Chapter 11 only allows appeal from final judgment. Because no final judgment had been rendered by the lower court, the appeal was without merit.


Tribe V. Marceau, 2010-Ap-05 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court Jun 2010

Tribe V. Marceau, 2010-Ap-05 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In a brief order, the Blackfeet Tribal Court of Appeals held that the Tribe could not appeal the trial court judge’s verdict of not guilty due to lack of evidence. The Court cited to Chapter 11 Sec. 11-A of the Blackfeet Tribal Law and Order Code, which limits the circumstances in which the Tribe can appeal in a criminal case. Sec. 11-B, which outlines the circumstances when the Tribe can appeal in a criminal case, does not provide that the Tribe can appeal a not guilty verdict.


Tribe V. Pepion, 2010-J-308 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court Jun 2010

Tribe V. Pepion, 2010-J-308 (Blkft. Tr. Ct. App., Jun. 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court found that the Tribe had repeatedly violated the rights of Pepion, a minor, and had not followed the Blackfeet Family Code. The Court voided any outstanding probation obligations of Pepion.


Anderson V. Campos, 2010-Ap-01 (Blkft. Tr. Ct. App., June 15, 2010), Blackfeet Appellate Court Jun 2010

Anderson V. Campos, 2010-Ap-01 (Blkft. Tr. Ct. App., June 15, 2010), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court reaffirmed that pre-mature appeals, where the petitioner did not exhaust remedies at the lower court, will not be heard, absent extraordinary circumstances. If the lower court refuses petitioners' motion, then they have the opportunity for recourse through the appellate process.


Cityland – Vol. 7, No. 5, Center For New York City Law Jun 2010

Cityland – Vol. 7, No. 5, Center For New York City Law

CityLand - 2010

The June 2010 issue of CityLand covers major land use, zoning, and preservation developments across New York City. Highlights include the City Council’s approval of the landmark designation for the West Park Presbyterian Church on the Upper West Side, despite opposition from the congregation. The Council also approved a comprehensive rezoning of 238 blocks in Astoria, Queens, while rejecting a proposed commercial overlay for a bank development in Borough Park, Brooklyn. The City Planning Commission reviewed the Flushing Commons proposal—a large mixed-use development replacing a municipal parking lot—and certified rezonings for northeast Queens, the Bronx’s Third Avenue corridor, and Manhattan’s …