Law Commons^™

Terry Jones And Global Free Speech In The Internet Age, G. Aaron Leibowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 31, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductions, Sarah L. Farhadian

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel Ii: Critical Legal Activism And Netroots Movements, Victoria Smith Ekstrand, Brett Frischmann, John Tehranian, Siva Vaidhyanathan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

A Deference To Protocol: Fashioning A Three-Dimensional Public Policy Framework For The Internet Age, Richard S. Whitt

Cardozo Arts & Entertainment Law Journal

This Article discusses how public policy grounded in the Internet's architecture can best ensure that the Net fully enables tangible benefits such as innovation, economic growth, free expression, and user empowerment. In particular, recognizing that the Internet is rapidly becoming society's chief operating system, this Article shows how an overarching public policy framework should be faithful to the multifaceted nature of the online world. As part of such a framework, this Article will explore one key aspect of the Internet: the "logical" Middle Layers functions, its inner workings derived from open software protocols and inclusive, decentralized processes. Adhering to the …

Deconstructing Disintermediation: A Skeptical Copyright Perspective, Guy Pessach

Cardozo Arts & Entertainment Law Journal

This essay attempts to uncover the impacts of disintermediation in copyright law. I argue that contrary to the common view, within the political economy of networked communication platforms and the Internet, disintermediation in copyright law does not necessarily lead to its expected outcomes. Disintermediation may undermine cultural diversity, decentralization and authors' welfare no less than the traditional corporate media proprietary model. My analysis focuses on the manner in which disintermediation in copyright law tends to stimulate concentrated markets, which channel audience attention to a handful of mega networked intermediaries. The market and media power, which is then held by these …

Masthead - Cardozo Arts & Entertainment Law Journal, Vol. 32 (2013-14)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Republican Study Committee Policy Brief: Three Myths About Copyright Law And Where To Start To Fix It, Derek Khanna

Cardozo Arts & Entertainment Law Journal

The following report was written by Derek S. Khanna, at the time a congressional staffer with the House Republican Study Committee ("RSC"), and was published by the RSC on November 17, 2012. The RSC placed the report on their website and an e-mail was sent to approximately 165 Members of Congress and their staff with this official report. Within twenty-four hours of its publication, the RSC removed the report from its website but did not issue a formal retraction. As a result of the events following publication of the report, Mr. Khanna no longer works for the RSC. What follows …

Reflection On The House Republican Study Committee Copyright Report, Derek Khanna

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Semiotics Of Alpha Brands: Encoding/Decoding/Recoding/Transcoding Of Louis Vuitton And Implications For Trademark Laws, David Tan

Cardozo Arts & Entertainment Law Journal

Alpha brands are the most influential global brands that possess significant configurations of meanings and can offer peculiarly powerful affirmations of belonging and recognition in the lives of their consumers. The trademark, as the visual source-designating emblem of a brand, is also a semiotic sign that resonates with the structure of myths and archetypes within a cultural environment of desire. Focusing on the world-renowned Louis Vuitton trademark, this Article explores how an understanding of semiotics can be useful to a legal analysis of trademarks. Two decisions involving the iconic Louis Vuitton brand one from the United States and one from …

Why Can't We Be (F)Rands?: The Effect Of Reasonable And Non-Discriminatory Commitments On Standard-Essential Patent Licensing, Robert D. Keeler

Cardozo Arts & Entertainment Law Journal

This Note explores the effect of a patent holder's reasonable and non-discriminatory ("RAND") commitments to standard-setting organizations on their patent claims which are declared "standard-essential" by the standard-setting organization. It also analyzes the current standard-essential patent ("SEP") licensing system used by the majority of standard-setting organizations around the world and proposed modifications thereto.

This Note looks toward the current case of Microsoft v. Motorola Mobility, the recent Google Settlement with the Federal Trade Commission ("FTC"), and various calls for reform from other areas of the government. The Note concludes that it appears that we are moving toward a system in …

"A Right To Be Spared Unhappiness": Images Of Death And The Expansion Of The Relational Right Of Privacy, Catherine Leibowitz

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Don't Just Cover The Engineering Design Process, Patent It!, Philip A. Reed

STEMPS Faculty Publications

The article discusses the importance of understanding intellectual property (IP) concept for students of engineering design process. It highlights that IP classification are of four types which includes patent, trademarks and copyright. The article further offers brief information on process of obtaining a utility patent for technological inventions.

Joe Mazurek: July 27, 1948—August 29, 2012, Greg Munro, Mike Mcgrath

Montana Law Review

A tribute to the late Joe Mazurek.

Foreword: The State Of The Republican Form Of Government In Montana, Anthony Johnstone

Montana Law Review

This Volume marks an opportunity to reassess the impact of these recent federal interventions on the republican form of government in the states. As the varied contributions demonstrate, it also marks an opportunity to reassert a role for the states in reforming republicanism in the wake of Citizens United and related developments.

The Constitutionality Of Campaign Finance Regulation: Should Differences In A State's Political History And Culture Matter?, William P. Marshall

Montana Law Review

In its Western Tradition Partnership decision, the Montana Supreme Court ruled that the constitutionality of state campaign finance restrictions should be reviewed with particular reference to the political history and traditions of the state enacting the regulation. In so holding, the Montana Court recognized that the states have different political cultures and that these different political cultures can lead to very different regulatory concerns. On this basis, the Montana Court concluded that a type of campaign finance restriction that may be unconstitutional when applied to national elections or to elections in one state might be constitutionally permissible when applied to …

Evidencing A Republican Form Of Government: The Influence Of Campaign Money On State-Level Elections, Edwin Bender

Montana Law Review

Evidence compiled by the Institute over the last decade from all 50 states demonstrates that understanding the role money plays in elections and public policy development, and specifically how campaign-finances are regulated, can improve the representative forms of government in the states. If a state wants more inclusive elections—contested as well as monetarily competitive—then data shows that adjusting contribution limits or funding mechanisms can have a dramatic effect. Offering incentives for donors to participate and for candidates to seek out more small-dollar donors can also have a positive effect on both the number of candidates who run and thenumber of …

Wrigg V. Junkermier, Clark, Campanella, Stevens, P.C.: The Effect Of Involuntary Termination On Post-Employment Non-Compete Agreements, Michelle H. Vanisko

Montana Law Review

While this author agrees with the Wrigg Court’s ultimate decision, the Court’s overall discussion was lacking on three points. First, before determining whether an agreement has the requirements of an enforceable noncompete clause, the Court should have addressed the contract issues involved in Wrigg. In particular, the Court should have addressed the question of consideration and the potential ambiguity surrounding the terms of the shareholder agreement. If the agreement is an unenforceable contract, enforceability of the non-compete clause becomes irrelevant. Next, even if a contract is enforceable, a non-compete clause within it is not automatically enforceable. As a general rule, …

Recent Decisions Affecting The Montana Practitioner

Montana Law Review

Legal Shorts on:

Montana Wildlife Federation v. Mont. Bd. of Oil & Gas Conservation, 280 P.3d 877 (Mont. 2012). Russell Michaels

Reichert v. State ex rel. McCulloch, 278 P.3d 455 (Mont. 2012). Pam Garman

BNSF Ry. Co. v. Feit, 281 P.3d 225 (Mont. 2012). Jordan Peila

In re Marriage of Funk, 270 P.3d 39 (Mont. 2012). Dylan Jensen

Parish v. Morris, 278 P.3d 1015 (Mont. 2012). Trevor Carlson

Norris v. Fritz, 270 P.3d 79 (Mont. 2012). Kathleen Molsberry

State v. Covington, 272 P.3d 43 (Mont. 2012). Samantha Stephens

State v. Cook, 272 …

Judging The Flood Of Litigation, Marin K. Levy

Faculty Scholarship

The Supreme Court has increasingly considered a particular kind of argument: that it should avoid reaching decisions that would “open the floodgates of litigation.” Despite its frequent invocation, there has been little scholarly exploration of what a floodgates argument truly means, and even less discussion of its normative basis. This Article addresses both subjects, demonstrating for the first time the scope and surprising variation of floodgates arguments, as well as uncovering their sometimes-shaky foundations. Relying on in-depth case studies from a wide array of issue areas, the Article shows that floodgates arguments primarily have been used to protect three institutions: …

$4.5 Million Defamation Award Against Anti-Gay Official Upheld, Arthur S. Leonard

Other Publications

No abstract provided.

How Congress Could Defend Doma In Court (And Why The Blag Cannot), Matthew I. Hall

Scholarly Works

In one of the most closely watched litigation matters in recent years, the Supreme Court will soon consider Edith Windsor's challenge to the Defense of Marriage Act (DOMA). The Court surprised many observers by granting certiorari, not only on the merits of Windsor's equal protection and due process claims, but also on the question whether the defendants — the United States and the Bipartisan Legal Advisory Group of the House of Representatives (the BLAG) — have Article III standing to defend DOMA. The United States has agreed with plaintiffs that DOMA is unconstitutional, prompting the BLAG to intervene for the …

A Janus Look At International Criminal Justice, Diane Marie Amann

Scholarly Works

Invoking the name of Janus, the Roman god who looked simultaneously at the past and the future, this article examines international criminal justice at a watershed moment, when a number of 20-year-old ad hoc tribunals were winding down even as the International Criminal Court was entering its teen years. First explored are challenges posed by politics – that is, the need to secure cooperation from states and from the U.N. Security Council – and economics – that is, the need to work within budgetary constraints. The article then surveys significant developments in each of a half-dozen international criminal courts and …

Front Matter, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.

Terrorizing Wikileaks: Why The Embargo Against Wikileaks Will Fail, Samuel C. Cannon

Colorado Technology Law Journal

No abstract provided.

Internet Multistakeholder Processes And Technopolicy Standards, Nick Doty, Deirdre K. Mulligan

Colorado Technology Law Journal

No abstract provided.

The Legality Of State Protectionist Laws Against Legal Process Outsourcing, Anne J. Lee

Colorado Technology Law Journal

No abstract provided.

The Large Immortal Machine And The Ticking Time Bomb, Susan Landau

Colorado Technology Law Journal

No abstract provided.

Why Growing Up Is Hard To Do: Institutional Challenges For Internet Governance In The "Quarterlife Crisis" Of The Digital Revolution, Mark Cooper

Colorado Technology Law Journal

No abstract provided.