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2012

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Articles 11401 - 11430 of 13468

Full-Text Articles in Law

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly Jan 2012

Good Fences Make Good Neighboring Rights: The German Federal Supreme Court Rules On The Digital Sampling Of Sound Recordings In Metall Auf Metall, Tracy Reilly

School of Law Faculty Publications

When viewed in the context of sound recording infringement and digital sampling, two recent high court rulings—one in the United States and the other in Germany—have determined that good fences do, indeed, make for sensible legal boundaries with respect to the copyrights held by the owners of sound recordings. While the legal doctrines employed by the courts in each of these cases are different in letter and theory, both courts concluded that owners of rights held in sound recordings should reasonably expect the law to protect the valid boundaries of those rights when third parties engage in the practice of …


Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox Jan 2012

Pregnancy As 'Disability' And The Amended Americans With Disabilities Act, Jeannette Cox

School of Law Faculty Publications

The recent expansion of the Americans with Disabilities Act’s (ADA) protected class invites reexamination of the assumption that pregnant workers may not use the ADA to obtain workplace accommodations. The ADA’s scope now includes persons with minor temporary physical limitations comparable to pregnancy’s physical effects. Accordingly, the primary remaining justification for concluding that pregnant workers may not obtain ADA accommodations is that pregnancy is a physically healthy condition rather than a physiological defect. Drawing on the social model of disability, this Article challenges the assumption that medical diagnosis of “defect” must be a prerequisite to disability accommodation eligibility. The social …


An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation, Adam Todd Jan 2012

An Enduring Oddity: The Collateral Source Rule In The Face Of Tort Reform, The Affordable Care Act And Increased Subrogation, Adam Todd

School of Law Faculty Publications

Today, despite significant legislative changes in healthcare insurance, tort reform, and subrogation, the collateral source rule has remained in force in many jurisdictions even in the face of rising health insurance costs. This Article argues that as long as health insurance markets are fragmented, the collateral source rule will continue to play an important normative role in the administration of the tort injury compensation process. The rule also helps deter tortious behavior, supports the insured's contractual expectations, is consistent with distributive fairness, and ensures that those engaging in risky activities bear the full cost of injuries. The collateral source will …


Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen Jan 2012

Expanding The Federal Common Law?: From Nomos & Physis And Beyond, Sam Kalen

Marquette Law Review

The Supreme Court’s decision in AEP v. Connecticut, as well as litigation involving the threat posed by Asian Carp, reflect an emerging trend of testing the federal judiciary’s willingness to expand the federal common law to include claims for interstate environmental threats. There is an assumption, including by the Supreme Court, that a federal common law for public nuisance exists, and that the pressing question is whether to expand that common law. This article challenges that assumption. The article illustrates that the widely shared view about the persistence of a federal common law for interstate pollution overlooks the Supreme Court’s …


Justification For Creating An Ombudsman Privilege In Today's Society, Ryan Spanheimer Jan 2012

Justification For Creating An Ombudsman Privilege In Today's Society, Ryan Spanheimer

Marquette Law Review

Due to ever-increasing court congestion and contemporary policy favoring the resolution of disputes outside the courtroom, now more than ever a privilege for communications with an ombudsman is needed. Although statistics demonstrate that an ombudsman can quickly and effectively resolve disputes, courts have been inconsistent in recognizing such a privilege. This failure to consistently recognize a privilege for communications with an ombudsman places practicing ombudsmen in a catch-22. Ombudsmen are left to decide between disregarding standards of practice they have sworn to follow, most notably that ombudsmen keep communications in confidence, on the one hand, or of violating a court …


Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl Jan 2012

Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl

Scholarly Articles

The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?


Appellate Briefing: Some Thoughts On Writing Briefs That Can Clear A Path Through The Jungle, Margaret Oertling Cupples Jan 2012

Appellate Briefing: Some Thoughts On Writing Briefs That Can Clear A Path Through The Jungle, Margaret Oertling Cupples

MC Law Review

No abstract provided.


All Of The Blood And Treasure: The Founders On Christian Legal Society Chapter Of The University Of California, Hastings College Of The Law V. Martinez, James Cleith Phillips Jan 2012

All Of The Blood And Treasure: The Founders On Christian Legal Society Chapter Of The University Of California, Hastings College Of The Law V. Martinez, James Cleith Phillips

MC Law Review

No abstract provided.


Institutional Virtues And Constitutional Theory: Bracketing Disagreements About Justice, Kenneth D. Ward Jan 2012

Institutional Virtues And Constitutional Theory: Bracketing Disagreements About Justice, Kenneth D. Ward

MC Law Review

No abstract provided.


It's Not Easy Being Green - A Green Building, That Is: How To Avoid Disputes And Allocate Risks In The Modern Green Building Movement, Constance J. Brewster Jan 2012

It's Not Easy Being Green - A Green Building, That Is: How To Avoid Disputes And Allocate Risks In The Modern Green Building Movement, Constance J. Brewster

MC Law Review

Comment


Table Of Contents-Issue 1, Mc Law Jan 2012

Table Of Contents-Issue 1, Mc Law

MC Law Review

Table of Contents - Issue 1


When The Legislature Robs Peter To Pay Paul: Pretextual Takings And Goldstein V. Pataki, Michael V. Bernier Jan 2012

When The Legislature Robs Peter To Pay Paul: Pretextual Takings And Goldstein V. Pataki, Michael V. Bernier

MC Law Review

Note


After Deepwater Horizon: An Introduction To The Legal Symposium, Jeffrey Jackson Jan 2012

After Deepwater Horizon: An Introduction To The Legal Symposium, Jeffrey Jackson

MC Law Review

No abstract provided.


Opa And Economic Loss: A Reply To Professor Robertson, John C. Goldberg P. Jan 2012

Opa And Economic Loss: A Reply To Professor Robertson, John C. Goldberg P.

MC Law Review

No abstract provided.


Liability For Economic Loss In Connection With The Deepwater Horizon Spill, John C. Goldberg P. Jan 2012

Liability For Economic Loss In Connection With The Deepwater Horizon Spill, John C. Goldberg P.

MC Law Review

Appendix


Tribute, Leslie H. Southwick, Judith Johnson, Peter T. Fay, David W. Mockbee Jan 2012

Tribute, Leslie H. Southwick, Judith Johnson, Peter T. Fay, David W. Mockbee

MC Law Review

Tribute - In Memory of the Honorable Charles Clark


Osborne V. Neblett And The Separation Of Powers: Does The Legislative Power To Make Law Include The Power To Declare That Rights Under The Law Cannot Be Waived, Michael J. Bentley Jan 2012

Osborne V. Neblett And The Separation Of Powers: Does The Legislative Power To Make Law Include The Power To Declare That Rights Under The Law Cannot Be Waived, Michael J. Bentley

MC Law Review

No abstract provided.


The Winds Of Change: The Mississippi Supreme Court Examines Concurrent Causation In Hurricane Katrina Claims, Jennifer Mcnair Jan 2012

The Winds Of Change: The Mississippi Supreme Court Examines Concurrent Causation In Hurricane Katrina Claims, Jennifer Mcnair

MC Law Review

Note


Defining Inchoate Crime: An Incomplete Attempt, Michael T. Cahill Jan 2012

Defining Inchoate Crime: An Incomplete Attempt, Michael T. Cahill

Faculty Scholarship

No abstract provided.


Scaling The Patent System, Christina Mulligan, Timothy B. Lee Jan 2012

Scaling The Patent System, Christina Mulligan, Timothy B. Lee

Faculty Scholarship

No abstract provided.


Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith Jan 2012

Uncomfortable Places, Close Spaces: Theorizing Female Correctional Officers’ Sexual Interactions With Men And Boys In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This Article examines female-perpetrated sexual abuse in custodial settings and its place at the intersection of race, class, and gender in order to disentangle complex and overlapping narratives of abuse, sex, desire, and transgression. Ultimately, this Article confronts our discomfort with and reluctance to acknowledge the fact that women sexually abuse men and boys in custody, and it offers possible explanations for these behaviors.


Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi Jan 2012

Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).


Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon Jan 2012

Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Massachusetts Elder Economic Security Index (2011), Gerontology Institute, University Of Massachusetts Boston Jan 2012

The Massachusetts Elder Economic Security Index (2011), Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

The Elder Economic Security StandardTM Index measures the income that Massachusetts’ seniors need to maintain independence and meet their basic living expenses in the community. The Elder Index uses an income measure that reflects the actual expenses for basic needs of older adults, and includes cost estimates for housing, food, medical care, transportation, and household essentials. Elder Index values are calculated for each state, on a county-by-county basis, providing policy makers and individuals a benchmark for determining what income or governmental supports are needed in their communities.


Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2012

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For North Carolina, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for North Carolina’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For South Dakota, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women Jan 2012

Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For South Dakota, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for South Dakota’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.


(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss Jan 2012

(In)Competence In Appellate And District Court Brief Writing On Rule 12 And 56 Motions, Scott A. Moss

NYLS Law Review

No abstract provided.


Communities Of Innovation, Michael Mattioli Jan 2012

Communities Of Innovation, Michael Mattioli

Articles by Maurer Faculty

This Article examines and evaluates the theory that patent holders privately self-correct the government’s excessive apportionment of patent rights by means of various cooperative efforts including patent pools, research consortia, and similar licensing collectives. According to some experts, these efforts are proof that market participants have the wisdom and the will to collectively disarm their patent arsenals in order to advance long-term innovation. But until now, this theory of market self-correction has not been evaluated through empirical study. Drawing on interviews and original research, this Article provides an ethnographic view of collective patent licensing episodes. Amidst these stories of success …


Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue Jan 2012

Defining Social And Economic Disadvantage: Are Government Preferential Business Certification Programs Narrowly Tailored?, George R. La Noue

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Pedigree Problem: Are Law School Ties Choking The Profession?, William D. Henderson, Rachel M. Zahorsky Jan 2012

The Pedigree Problem: Are Law School Ties Choking The Profession?, William D. Henderson, Rachel M. Zahorsky

Articles by Maurer Faculty

No abstract provided.