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Grammy Foundation, The Entertainment Law Initiative (“Eli”), Breakfast With Eli, October 23, 2012, Al Roundtree

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

“What a prosperous looking bunch of lawyers,” was keynote speaker Scott Borchetta’s opening remark to the assembled group of entertainment lawyers, music industry professionals, and law students at last month’s Breakfast with ELI.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on November 12, 2012. The original post can be accessed via the Archived Link button above.

Achieving A Free Trade Area Of The Asia-Pacific: Does The Tpp Present The Most Attractive Path?, Meredith Kolsky Lewis

Contributions to Books

Published as Chapter 15 in The Trans-Pacific Partnership : A Quest for a Twenty-First Century Trade Agreement, C.L. Lim, Deborah K. Elms & Patrick Low, eds.

This chapter examines the prospects for the Trans-Pacific Partnership (TPP) to expand into a Free Trade Area of the Asia-Pacific (FTAAP). It does so by comparing the TPP to other potential models for Asian economic integration, and by identifying what factors might enhance or diminish the possibility of the TPP serving as the FTAAP model.

First, the chapter briefly traces the history of the TPP and its linkage to a potential FTAAP. Second, it …

Attributes Of Ownership, Reid Thompson, David A. Weisbach

Coase-Sandor Institute for Law & Economics Research Paper Series

We examine the tax rules for ownership of fungible securities in light of three recent cases addressing this issue, Samueli, Calloway, and Anschutz. We argue that ownership has no economic basis under an income tax because under a pure income tax ownership would not be needed to measure income. Rather than acting as a bedrock principle based in economics, ownership in a realization-based income tax acts as a default rule for assigning tax characteristics to positions. For example, ownership determine characteristics such as holding periods, eligibility for special tax benefits such as the dividends received deduction, counting toward control or …

Blogging Without Logging Ftc Lawsuits: A Panel Discussion, Marc Pellegrino

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The line is increasingly blurred between what content is or is not endorsed by a particular entity online. Social marketing outlets like Facebook and Twitter allow bloggers, celebrities and companies to communicate with their audience more intimately and in turn, content is shared and disseminated seamlessly among Internet users. Cardozo School of Law’s Intellectual Property Law and Cyberlaw Societies brought a panel together last month to discuss the ways in which businesses that interact with the vast array of these social networking outlets can effectively comply with Federal Trade Commission (FTC) disclosure regulations in light of the increase in sponsored …

Cleaning Up Dirty Politics: A Social Marketing Perspective On New Jersey's Clean Elections Program, Amy H. Handlin

Atlantic Marketing Journal

This paper reviews the outcome of a state electoral reform initiative in terms of the four-stage behavior change process used by social marketers to gauge the effectiveness of their techniques. While the Clean Elections initiative was moderately successful in its Action and Contemplation stages, the author argues that realization of its full potential could be significantly hastened by utilizing the social marketing tools of segmentation, communications research and pretesting.

November 10, 2012: Tuesday Was A Vindication Of Hallowed Secularism, Bruce Ledewitz

Hallowed Secularism

Blog post, “Tuesday Was a Vindication of Hallowed Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Growth Model Evaluations: Possibilities And Pitfalls, John Dively

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

Growth Model Evaluations: Possibilities And Pitfalls, John A. Dively Jr

Faculty Research and Creative Activity

In response to Race to the Top mandates, student academic growth models are being incorporated into teacher evaluation processes across the country. Illinois’ version of the reform is the Performance Evaluation Reform Act. This paper briefly summarizes the new law and its impact to date. Further, the paper provides reflection upon the current research related to VAMs, and the possible legal consequences of relying on student growth models as a significant component of teacher personnel decisions.

California Supreme Court Survey - February 1992-July 1992, Richard John Bergstrom Iii

Pepperdine Law Review

No abstract provided.

The Punishment Need Not Fit The Crime: Harmelin V. Michigan And The Eigth Amendment, Scott K. Petersen

Pepperdine Law Review

No abstract provided.

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

The Private Club Exemption From Civil Rights Legislation - Sanctioned Discrimination Or Justified Protection Of Right To Associate, Margaret E. Koppen

Pepperdine Law Review

No abstract provided.

Separation Of Powers Doctrine On The Modern Supreme Court And Four Doctrinal Approaches To Judicial Decision-Making, R. Randall Kelso

Pepperdine Law Review

No abstract provided.

Health Care Providers Meet Erisa: Are Provider Claims For Misrepresentation Of Coverage Preempted, Jeffrey A. Brauch

Pepperdine Law Review

No abstract provided.

Home Mortgage Strip Down In Chapter 13 Bankruptcy: A Contextual Approach To Sections 1322(B)(2) And (B)(5), Mark S . Scarberry, Scott M. Reddie

Pepperdine Law Review

No abstract provided.

Psychotherapist And Patient In The California Supreme Court: Ground Lost And Ground Regained, Stanley Mosk

Pepperdine Law Review

No abstract provided.

Dedicatory Address: The Art Of A Jury Trial, Louis Nizer

Pepperdine Law Review

No abstract provided.

Introduction To Dedicatory Address, Gerald F. Phillips

Pepperdine Law Review

No abstract provided.

California Supreme Court Survey - August 1991-May 1992, Richard John Bergstrom Iii

Pepperdine Law Review

No abstract provided.

Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller

Pepperdine Law Review

No abstract provided.

Natural Resource Damages Under Cercla: The Emerging Champion Of Environmental Enforcement , Patrick Thomas Michael Iii

Pepperdine Law Review

No abstract provided.

According To An Unnamed Official: Reconsidering The Consequences Of Confidential Source Agreements When Promises Are Broken By The Press, Peri Z. Hansen

Pepperdine Law Review

No abstract provided.

Victim Harm, Retributivism And Capital Punishment: A Philosophy Critique Of Payne V. Tennessee , R. P. Peerenboom

Pepperdine Law Review

No abstract provided.

Masson V. New Yorker Magazine, Inc.: Permission For Journalists To Quote What I Mean, Not What I Say, Kevin M. Erwin

Pepperdine Law Review

No abstract provided.

Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos

Pepperdine Law Review

No abstract provided.

Tribute - Keith Whyte, Keith Whyte

UNLV Gaming Research & Review Journal

No abstract provided.

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.

Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina

William & Mary Law Review

No abstract provided.

Cities, Property, And Positive Externalities, Gideon Parchomovsky, Peter Siegelman

William & Mary Law Review

Cities are the locales of numerous interactions that generate externalities—both negative and positive. Although the common law provides a vast array of mechanisms for limiting negative externalities, there is a striking absence of provisions for stimulating the production of positive ones. As a consequence, activities whose social benefits are greater than their private costs are not undertaken, with a resulting efficiency loss.

In this Article, we demonstrate how cities can develop commercial districts that allow for the capture of positive externalities by following the example of suburban malls. In malls, anchor stores provide positive externalities—additional customers—to neighboring stores. Anchors capture …

The Equal Protection Implications Of Government's Hateful Speech, Helen Norton

William & Mary Law Review

Under what circumstances should we understand government’s racist or otherwise hateful speech to violate the Equal Protection Clause? Government speech that communicates hostility or animus on the basis of race, gender, national origin, sexual orientation, or other class status can facilitate private parties’ discriminatory behavior, deter its targets from certain important opportunities or activities, and communicate a message of exclusion and second-class status. Contemporary equal protection doctrine, however, does not yet fully address the harms that such government expression potentially poses. The recent emergence of the Court’s government speech doctrine—which to date has emphasized the value of government expression without …