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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
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
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
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
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
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
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
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
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
Beyond Common Sense: A Social Psychological Study Of Iqbal's Effect On Claims Of Race Discrimination, Victor D. Quintanilla
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
Nevada Law Journal
No abstract provided.
Amicus Briefs: Sounding Off On Reforming Inequitable Conduct, Joy Lynn Bala
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
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
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
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
The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon
Faculty Publications By Year
No abstract provided.
Message From The Chair, Margaret Butler
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
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
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
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
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
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
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
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
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
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
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
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
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
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.