Law Commons^™

The Court Of Appeals For The Fifth Circuit: A Selective Review And Analysis Of The Panels' 2010-2011 Insurance-Law Opinions, Willy E. Rice

Faculty Articles

No abstract provided.

Mexican Children Of U.S. Citizens: “Viges Prin” And Other Tales Of Challenges To Asserting Acquired U.S. Citizenship, Lee J. Teran

Faculty Articles

Mexican children with a U.S. parent face both historic and current challenges in acquiring U.S. citizenship. Following changes in U.S. immigration law, the number of individuals removed from the United States has swelled dramatically. This campaign against non-citizens has led to the removal of United States citizens, particularly individuals who were born abroad but claim citizenship through a U.S. citizen parent. Citizens are caught in the middle of conflicting goals between government efforts to adjudicate claims to acquired U.S. citizenship and the focus on crime and national security interests.

Even though many U.S. parents and their children born abroad are …

Malpractice Liability Related To Foreign Outsourcing Of Legal Services, Vincent R. Johnson, Stephen C. Loomis

Faculty Articles

The outsourcing of client-related tasks to service providers in other countries is likely to generate malpractice claims against American law firms. This Article discusses the wide range of theories under which an outsourcing American law firm may be liable for its own negligence or for the actions of outsourcing providers. These theories include negligence by the outsourcing law firm, vicarious liability for the conduct of firm principals and employees, vicarious liability for the conduct of independent contractors, and vicarious liability for the conduct of business partners.

Aclu Seeks Supreme Court Review In Windsor Doma Suit, Arthur S. Leonard

Other Publications

No abstract provided.

The Meningitis Outbreak: Don't Expect Miracles From The Fda, Joanne Doroshow

Other Publications

The good news for states is drug industry immunity only kicks in if the drugs in question are FDA-approved. And thanks to the first-rate influence-peddling and lobbying prowess of compounding pharmacists, the tainted steroid shots at issue today are free and clear of FDA regulation.

From Representation To Research And Back Again: Reflections On Developing An Empirical Project, Mary B. Spector

Faculty Journal Articles and Book Chapters

This article presents the story of Doreen, a client represented by the SMU Civil Clinic in a suit against her to collect a consumer debt. My goal in sharing Doreen's story here is two-fold. First, it is to provide an example of how our work with students and our clients can shift from representation to research to advocacy and back again. My second goal is to encourage others-students, clinic supervisors, fellows and faculty-to consider the work they do and its potential to improve the quality of justice in communities, to enhance the delivery of legal services, and to promote economic …

The Underappreciated Importance Of The Sequence In Which The Issues Are Addressed In Contract Litigation, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

Judicial opinions rarely identify the precise sequence in which the issues presented were addressed by the court. Since this sequence is not generally regarded as being significant for the decisions reached, persons later parsing the opinions for their significance rarely go to the considerable trouble involved in acquiring the litigation briefs and interviewing the attorneys and judges involved so as to ascertain this sequence. However, my surmise is that at least in contract litigation the sequence in which the issues are addressed can sometimes be significant or even outcome-determinative for the results. A good example of this is presented by …

Does The Real Estate Settlement Procedures Act Of 1974, Which Was Targeted Primarily At Kickbacks Between Service Providers, Also Bar Charges For Undivided, Unearned Services (10-1042), Marshall E. Tracht

Other Publications

The Real Estate Settlement Procedures Act of 1974 provides that “[n]o person shall give and no person shall accept any portion, split, or percentage of any charge made or received … other than for services actually performed.” The Supreme Court must decide whether this language prohibits a party from charging for services not actually performed if the party retains the entire charge, without splitting it with any other party.

You Kill Me: Why I Don’T Want To Live Around People With Guns, Brandt Goldstein

Other Publications

No abstract provided.

Leaving The Fda Behind: Pharmaceutical Outsourcing And Drug Safety, Chenglin Liu

Faculty Articles

During the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (“FDA”) reactive measures, the American regulatory framework for drug safety remains largely unchanged. Currently, about 80% of active pharmaceutical ingredients, 40% of finished drugs, and 50% of all medical devices used in the United States are imported from over 100 countries. With the growth of product outsourcing, pharmaceutical companies in the United States have stopped manufacturing many essential medicines. Nevertheless, the FDA’s foreign inspections have lagged. It would take …

Why We Need Race Conscious Admissions, Deborah N. Archer

Other Publications

No abstract provided.

Remedying Wrongful Execution, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

The first legal determination of wrongful execution in the United States may very well be in the making in Texas. One of the state’s district courts is in the midst of investigating whether Cameron Todd Willingham, who was executed in 2004, was actually innocent. The court’s investigation has been interrupted by objections from Texas prosecutors, but if the court proceeds, this may very well become a bona fide case of wrongful execution. Texas, just like other jurisdictions, is ill equipped to provide any relief for such an egregious wrong, however. This Article identifies the difficulties that the heirs, families, and …

The Missing Jury: The Neglected Role Of Juries In Eighth Amendment Punishments Clause Determinations, Meghan J. Ryan

Faculty Journal Articles and Book Chapters

A recent study of death penalty cases has revealed that judges, who are ordinarily thought of as the guardians of criminal defendants’ constitutional rights, are more likely to impose harsher punishments than jurors. This may be unsettling in its own right, but it is especially concerning because judges are the individuals charged with determining whether punishments are unconstitutionally cruel and unusual under the Eighth Amendment, and these determinations are supposed to be based on “the evolving standards of decency that mark the progress of a maturing society.” The study suggests that judges are out of step with society’s moral norms, …

Policing International Prosecutors, Jenia I. Turner

Faculty Journal Articles and Book Chapters

A recurring question in international criminal procedure is how to ensure that prosecutors are held accountable for their errors and misconduct. When International Criminal Court (ICC) judges encountered the first serious error by the prosecution in Prosecutor v. Lubanga, they opted for an absolutist approach to remedies: the judges stayed the proceedings and ordered the release of the defendant. Although termination of the case was avoided through the intervention of the Appeals Chamber, the standoff between the judges and the prosecution highlighted the dilemmas that the ICC faces in these circumstances. To protect the integrity of its proceedings, the court …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 30 (2012)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction, Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Madisonian Fair Use, Michael J. Madison

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Antibiotic Resistance, Jessica Litman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Speaking Of Moral Rights, A Conversation, Eva E. Subotnik, Jane C. Ginsburg

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 30, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bring In The Nerds: Secrecy, National Security, And The Creation Of International Intellectual Property Law, David S. Levine

Cardozo Arts & Entertainment Law Journal

The negotiations of the international Anti-Counterfeiting Trade Agreement and Trans Pacific Partnership Agreement have been conducted largely in secret, elevating intellectual property piracy to the level of national security concerns for purposes of accessing information through the Freedom of Information Act (FOIA). However, the level of actual secrecy has been tiered, with corporate interests enjoying far more access to negotiation information than the general public. At the same time, similar intellectual property issues were negotiated in the relative transparency of Congress' debate over the Stop Online Piracy Act and PROTECT IP Act, allowing for much greater public involvement. With national …

Pangloss's Copyright, Derek E. Bambauer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Region Codes And The Territorial Mess, Peter K. Yu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Protecting Single Color Trademarks In Fashion After Louboutin, Danielle E. Gorman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Law And The Management Of J.D. Salinger's Literary Estate, Kate O'Neill

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Valuing Art In An Estate: New Concerns, Anne-Marie Rhodes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Three Myths For Aging Copyrights: Tithonus, Dorian Gray, Ulysses, Robert Spoo

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Share His Dream: A Fair Use Standard For Historico-Political Figures' Rights Of Publicity, Joshua Bloomgarden

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Expediting Green Patents: The Expedited Examination Programs' Contribution To Diminished Patent Quality, Ashleigh Hebert

Cardozo Arts & Entertainment Law Journal

No abstract provided.