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2011

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Articles 1651 - 1680 of 11711

Full-Text Articles in Law

You Don’T Know My Name: In Re Anonymous Online Speakers And The Right To Remain Cloaked In Cyberspace, Joshua Rich Sep 2011

You Don’T Know My Name: In Re Anonymous Online Speakers And The Right To Remain Cloaked In Cyberspace, Joshua Rich

Loyola of Los Angeles Law Review

The right to speak anonymously predates the Constitution, and the U.S. Supreme Court has long recognized it as protected under the First Amendment. So it was in line with a long tradition that, in 2007, several anonymous speakers posted comments on Internet message boards criticizing a business called Quixtar, which was embroiled in several lawsuits at the time. Before long, however, the posters’ comments became the subject of a legal conundrum: did Quixtar’s request to unmask the unknown authors during discovery outweigh the authors’ First Amendment right to remain cloaked? In ultimately answering that question, the Ninth Circuit upheld the …


An Antitrust Framework For Climate Change, Michael A. Carrier Sep 2011

An Antitrust Framework For Climate Change, Michael A. Carrier

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring Sep 2011

Our Generation’S Sputnik Moment: Comparing The United States’ Green Technology Pilot Program To Green Patent Programs Abroad, Kate Nuehring

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Robot’S Record: Protecting The Value Of Intellectual Property In Music When Automation Drives The Marginal Cost Of Music Production To Zero, William P. Jacobson Sep 2011

The Robot’S Record: Protecting The Value Of Intellectual Property In Music When Automation Drives The Marginal Cost Of Music Production To Zero, William P. Jacobson

Loyola of Los Angeles Entertainment Law Review

Technologies such as the Internet and MP3 file format have taken their toll on the traditional business models used by entities like record labels and music retailers. Now, technological innovations such as open-sourcing, crowdsourcing, and compu-sourcing are resulting in a democratization of music production that threatens to end the monopoly skilled musicians enjoy in the music-creation marketplace. These innovations are also driving the generation of an increasing supply of music with few or no reserved copyrights and a potential decline in the average value of intellectual property in music. This Comment explores the threat computer-generated music poses to the music …


Viral Videos: Medicine For Record Labels In The Fight Against Copyright Termination?, Jay Patel Sep 2011

Viral Videos: Medicine For Record Labels In The Fight Against Copyright Termination?, Jay Patel

Loyola of Los Angeles Entertainment Law Review

As major American record labels continue to tackle online piracy and declining reve-nues, another potentially devastating battle over some of their most valuable assets is lurking in the very near future. The Copyright Act provides artists with the right to terminate any transfers of copyrights to their works. In order to protect themselves from termination notices in the future, record labels should revamp their business model and commission sound recordings for music videos rather than albums. Doing so is important given current realities in the music industry, and it will allow labels to take advantage of the work-for-hire exception to …


Record Labels, Federal Courts, And The Fcc: Using Uncertainty In Communications Law To Fight Online Copyright Infringement, Brian Pearl Sep 2011

Record Labels, Federal Courts, And The Fcc: Using Uncertainty In Communications Law To Fight Online Copyright Infringement, Brian Pearl

Loyola of Los Angeles Entertainment Law Review

Illegal downloading continues to plague the music industry. Furthermore, the music industry has little to show for its significant investment in costly, labor-intensive copy-right litigation. Federal courts have been increasingly unsympathetic to copyright holders, refusing to let substantial damages awards in several high-profile cases stand. In addition, the Southern District of New York recently ruled that YouTube should not be held liable for widespread copyright infringement on its site in spite of substantial evidence that YouTube had actual knowledge of the infringement. Meanwhile there is great uncertainty in the world of communications law. After the D.C. Circuit thwarted the Federal …


Blood, Brains, And Bludgeoning, But Not Breasts: An Analysis And Critique Of Brown V. Entertainment Merchants Association, Margaret E. Jennings Sep 2011

Blood, Brains, And Bludgeoning, But Not Breasts: An Analysis And Critique Of Brown V. Entertainment Merchants Association, Margaret E. Jennings

Loyola of Los Angeles Entertainment Law Review

In Brown v. Entertainment Merchants Ass’n, the Supreme Court held that a California statute banning the sale of extremely violent video games to minors was uncon-stitutional because it violated minors’ First Amendment rights. This decision high-lights the Court’s inconsistent application of evidentiary standards required for States to regulate the sale of erotic (not obscene) content and the sale of violent content to children.


Constitutional Threats In The E-Commerce Jungle: First Amendment And Dormant Commerce Clause Limits On Amazon Laws And Use Tax Reporting Statutes, Scott W. Gaylord, Andrew J. Haile Sep 2011

Constitutional Threats In The E-Commerce Jungle: First Amendment And Dormant Commerce Clause Limits On Amazon Laws And Use Tax Reporting Statutes, Scott W. Gaylord, Andrew J. Haile

North Carolina Law Review

No abstract provided.


Tribute, North Carolina Law Review Sep 2011

Tribute, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla Sep 2011

Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla

Michigan Journal of Race and Law

Federal Rule of Civil Procedure 8(a) once operated as a notice pleading rule, requiring plaintiffs to set forth only a "short and plain" statement of their claim. In Bell Atlantic Corp. v. Twombly, and then Ashcroft v. Iqbal, the United States Supreme Court recast Rule 8(a) into a plausibility pleading standard. To survive a motion to dismiss, a complaint must contain sufficient factual matter "to state a claim to relief that is plausible on its face." Iqbal requires federal courts, when deciding whether a complaint is plausible, to draw on their "judicial experience and common sense." Courts apply this standard …


Injecting Law Student Drama Into The Classroom: Transforming An E-Discovery Class (Or Any Law School Class) With A Complex, Student-Generated Simulation, Paula Schaefer Sep 2011

Injecting Law Student Drama Into The Classroom: Transforming An E-Discovery Class (Or Any Law School Class) With A Complex, Student-Generated Simulation, Paula Schaefer

Nevada Law Journal

No abstract provided.


Amicus Briefs: Sounding Off On Reforming Inequitable Conduct, Joy Lynn Bala Sep 2011

Amicus Briefs: Sounding Off On Reforming Inequitable Conduct, Joy Lynn Bala

Loyola of Los Angeles Law Review

Inequitable conduct, which has been characterized as an “absolute plague” and an “atomic bomb,” allows an accused infringer to assert an affirmative defense against a patentee for violating the duty of candor and good faith in acquiring a patent. The consequences of this “atomic bomb” extend well beyond the litigation context and significantly impact the U.S. Patent and Trademark Office (PTO), patent agents, and patent attorneys. Such consequences include exorbitant litigation costs, overdisclosure to the PTO and thus decreased efficiency by PTO examiners, disciplinary action and potential disbarment of patent agents and attorneys, and even decreased innovation. The Federal Circuit’s …


Nevada Gaming Statutes: Their Evolution And History, Robert D. Faiss, Gregory R. Gemignani Sep 2011

Nevada Gaming Statutes: Their Evolution And History, Robert D. Faiss, Gregory R. Gemignani

Occasional Papers

Throughout the past eighty years, Nevada gaming has changed considerably. Nevada’s gaming laws have both reflected and influenced that change. At every step of the way, regulatory changes paved the way for the growth and evolution of Nevada’s gaming industry into one of the world’s largest and best regulated.


Legal Developments Since The Enactment Of The Oil Spill Liability Act Of 1990, Jay Angle, Anna Leonenko, Katelyn Overmiller, Rebecca Ternes, Katie Wagner, Kenneth Stark Sep 2011

Legal Developments Since The Enactment Of The Oil Spill Liability Act Of 1990, Jay Angle, Anna Leonenko, Katelyn Overmiller, Rebecca Ternes, Katie Wagner, Kenneth Stark

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.


Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic Sep 2011

Advising Clients After Critical Legal Studies And The Torture Memos, Milan Markovic

West Virginia Law Review

No abstract provided.


The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon Sep 2011

The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.


Message From The Chair, Margaret Butler Sep 2011

Message From The Chair, Margaret Butler

Faculty Publications By Year

No abstract provided.


Motions 2011 Volume 48 Number 1, University Of San Diego School Of Law Student Bar Association Sep 2011

Motions 2011 Volume 48 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.


Fair Use Markets: On Weighing Potential License Fees, Wendy J. Gordon Sep 2011

Fair Use Markets: On Weighing Potential License Fees, Wendy J. Gordon

Faculty Scholarship

Justice Breyer began his classic article, The Uneasy Case for Copyright, with a line from Lord Macaulay, that copyright is "'a tax on readers for the purpose of giving a bounty to writers.'" Our society and its law values both writers and readers; the law cannot favor one side too much without losing some of the benefits the other side could have contributed. Make reading expensive and it will decrease, and readers might substitute less socially productive behaviors to take its place.


Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle Sep 2011

Zoning Finality: Reconceptualizing Res Judicata Doctrine In Land Use Cases, Stewart E. Sterk, Kimberly J. Brunelle

Articles

Zoning disputes provide many Americans with their only firsthand exposure to the workings of democratic government. Land use issues trigger participation because neighbors perceive the wrong kind of development as posing a double-barreled threat to the stability of the community in which they have chosen to live and to the economic value of their homes.


The Republics Of Liberty And Letters: Progress, Union, And Constitutionalism In Graduation Addresses At The Antebellum University Of North Carolina, Alfred L. Brophy Sep 2011

The Republics Of Liberty And Letters: Progress, Union, And Constitutionalism In Graduation Addresses At The Antebellum University Of North Carolina, Alfred L. Brophy

North Carolina Law Review

No abstract provided.


It's Navigable In Fact So I Can Fish In It: The Public Right To Use Man-Made Navigable-In-Fact Waters Of Coastal North Carolina, Joseph J. Kalo Sep 2011

It's Navigable In Fact So I Can Fish In It: The Public Right To Use Man-Made Navigable-In-Fact Waters Of Coastal North Carolina, Joseph J. Kalo

North Carolina Law Review

No abstract provided.


Down The Rabbit Hole With Citizens United: Are Bans On Corporate Direct Campaign Contributions Still Constitutional?, Jason S. Campbell Sep 2011

Down The Rabbit Hole With Citizens United: Are Bans On Corporate Direct Campaign Contributions Still Constitutional?, Jason S. Campbell

Loyola of Los Angeles Law Review

Since the early twentieth century, the Tillman Act has barred corporations from contributing directly to candidates for federal office. In Citizens United v. FEC, the U.S. Supreme Court overturned a related ban that prevented corporations from making independent expenditures in candidate elections. The legal foundation of the independent expenditure ban was similar to that which still supports the corporate direct contributions ban, thus calling into question the continuing validity of the direct contributions ban. This Note argues that if the Court follows the logical path that it laid down in Citizens United, it should overturn the corporate direct …


Graham V. Florida: A Game-Changing Victory For Both Juveniles And Juvenile-Rights Advocates, Michelle Marquis Sep 2011

Graham V. Florida: A Game-Changing Victory For Both Juveniles And Juvenile-Rights Advocates, Michelle Marquis

Loyola of Los Angeles Law Review

In Graham v. Florida, the U.S. Supreme Court ruled that the Constitution—specifically, the Cruel and Unusual Punishment Clause of the Eighth Amendment—prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit a homicide. Graham marks a significant departure from the Supreme Court’s Eighth Amendment jurisprudence because it categorically bars life sentences for juveniles who are convicted of nonhomicide crimes based on juveniles’ unique amenability to rehabilitation, rather than on the nature of the punishment itself. While Graham’s central holding is ostensibly straightforward, the decision has generated more questions than answers. Courts …


Table Of Contents - Issue 6, North Carolina Law Review Sep 2011

Table Of Contents - Issue 6, North Carolina Law Review

North Carolina Law Review

No abstract provided.


Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington Sep 2011

Public Funding Of Judicial Campaigns: The North Carolina Experience And The Activism Of The Supreme Court, Paul D. Carrington

North Carolina Law Review

No abstract provided.


Race And Death Sentencing In North Carolina, 1980-2007, Michael L. Radelet, Glenn L. Pierce Sep 2011

Race And Death Sentencing In North Carolina, 1980-2007, Michael L. Radelet, Glenn L. Pierce

North Carolina Law Review

No abstract provided.


Filling The Fourth Circuit Vacancies, Carl Tobias Sep 2011

Filling The Fourth Circuit Vacancies, Carl Tobias

North Carolina Law Review

No abstract provided.


Sometimes Jumping On The Bandwagon Is A Good Thing: An Analysis Of North Carolina's Prohibition Of Transfer Fee Covenants, Christopher D. Mceachran Sep 2011

Sometimes Jumping On The Bandwagon Is A Good Thing: An Analysis Of North Carolina's Prohibition Of Transfer Fee Covenants, Christopher D. Mceachran

North Carolina Law Review

No abstract provided.


Fired By Liars: Due Process Implications In The Recent Changes To North Carolina's Public Disclosure Laws, Morgan Eugene Stewart Sep 2011

Fired By Liars: Due Process Implications In The Recent Changes To North Carolina's Public Disclosure Laws, Morgan Eugene Stewart

North Carolina Law Review

No abstract provided.