Law Commons^™

Torch (October 2013), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

Florida State Law Alumni Magazine (Fall 2013), Florida State University College Of Law Office Of Development And Alumni Affairs

Alumni Newsletter & FSU Law Magazine

No abstract provided.

Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin

College of Law Faculty Scholarship

This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …

Legal Form, Style, And Etiquette For Email, George Kuney

Scholarly Works

No abstract provided.

Tales Of A Fourth Tier Nothing, A Response To Brian Tamanaha's Failing Law Schools, Lucille A. Jewel

Scholarly Works

This is a paper written in response to Professor Brian Tamanaha’s Failing Law Schools. Much of the book is laudable for highlighting the serious structural, policy, and moral issues confronting legal education today. However, I disagree with several of Professor Tamanaha’s ideas for reforming our system. In this paper, I write from the perspective of a tenured legal writing professor teaching at a for-profit fourth tier school, in fact, one of the schools that Tamanaha repeatedly implies are the problem and not the solution for the legal education crisis.

Part One addresses the idea, which dates back to 1921, that …

Willful Blindness, Plausible Deniability, And Tippee Liability: Sac, Steven Cohen, And The Court's Opinion In Dirks, Joan Macleod Heminway

Scholarly Works

Is the principal of a securities trading firm able to remain ignorant about the source of information used in trading on the principal's behalf and avoid liability for insider trading under U.S. law? This short essay explores that question using the SAC Capital Advisors, L.P. and Steven Cohen as an example case, reflecting on the law established by the Supreme Court in its opinion in Dirks v. SEC in light of both the Second Circuit opinion in SEC v. Obus and changes, occasioned by Regulation FD, in the nature of securities analysts’ work and the overall information entrepreneurialism of market …

2013 Survey Of Juvenile Law, Michael J. Dale

Faculty Scholarship

No abstract provided.

Secondary Speech And The Protective Approach To Interpretive Dualities In The Roberts Court, Nat Stern

Scholarly Publications

No abstract provided.

International & Comparative Law Perspectives: Fall 2013, Int'l & Comp. Law Program

International & Comparative Law Perspectives

No abstract provided.

Clinical Perspectives: Fall 2013, The Jacob Burns Community Legal Clinics

Clinical Perspectives

No abstract provided.

Environmental And Energy Law Perspectives: Fall 2013, Environmental And Energy Law Program

Environmental and Energy Law Perspectives

No abstract provided.

The Collateral Consequences Of Ex Post Judicial Review, Brianne J. Gorod

Washington Law Review

Judicial review produces disruptions to democratic preferences that are not constitutionally required. Judicial review produces these disruptions because the law the Court declares unconstitutional is not automatically replaced with the laws that policymakers would have enacted had they known their preferred policy was unconstitutional. The Court is institutionally ill-equipped to address these disruptions, and the coordinate branches are often unwilling or unable to do so—unwilling because their membership has changed since the law was enacted, or unable because of institutional features that make quick response difficult. Under either scenario, these disruptions are cause for concern. Yet they are virtually inevitable …

Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler

Buffalo Intellectual Property Law Journal

No abstract provided.

Geolocation And Targeted Advertising: Making The Case For Heightened Protections To Address Growing Privacy Concerns, Ryan Mura

Buffalo Intellectual Property Law Journal

No abstract provided.

Coordinating Extensive Trademark Rights And Competition Policy, Kexin Li

Buffalo Intellectual Property Law Journal

A trademark can be not only a word or logo, but also a color, sound, three-dimensional object, and many other nontraditional items. Corporations are increasingly seeking nontraditional trademark protection instead of or in addition to traditional patents and/or copyrights. They are also enforcing both traditional and nontraditional marks more aggressively and in ways that may lead to significant foreclosure effects. This working paper argues that these trends may raise serious competition policy concerns that should play an important role in the evolution of trademark law. For instance, trademark registration and enforcement should be subject to the same antitrust constraints as …

Using The Client-File Method To Teach Transactional Law, Bradley T. Borden

Faculty Scholarship

No abstract provided.

The Confusion Trap: Rethinking Parody In Trademark Law, David A. Simon

Washington Law Review

This Article suggests using existing doctrinal levers in trademark law to accommodate parodies in a more balanced fashion. To reach this conclusion, this Article examines the parody doctrine in U.S. trademark law using two lenses. The first lens is trademark doctrine itself. Here I explore the various approaches courts use to resolve trademark disputes involving parody. The other lens is copyright law. Through this lens I examine how courts deciding trademark parody disputes employ the Supreme Court’s most recent decision on parody in copyright, Campbell v. Acuff-Rose Music, Inc. (1994). I also use this decision to examine the relationship …

The Liberty Of The Church: Source, Scope And Scandal, Patrick Mckinley Brennan

Working Paper Series

This article was presented at a conference, and is part of a symposium, on "The Freedom of the Church in the Modern Era." The article argues that the liberty of the Church, libertas Ecclesiae, is not a mere metaphor, pace the views of some other contributions to the conference and symposium and of the mentality mostly prevailing over the last five hundred years. The argument is that the Church and her directly God-given rights are ontologically irreducible in a way that the rights of, say, the state of California or even of the United States are not. Based on a …

Is It Time To Abolish The Federal Circuit's Exclusive Jurisdiction In Patent Cases?, Diane P. Wood

Articles

No abstract provided.

S.H.O.T. Db (Statistics Help Officer Tactics) – Officer-Involved Shootings Database, Hasan Arslan

Cornerstone 3 Reports : Interdisciplinary Informatics

No abstract provided.

Skin Flicks Without The Skin: Why Government Mandated Condom Use In Adult Films Is A Violation Of The First Amendment, Elizabeth Sbardellati

Northwestern Journal of Law & Social Policy

The filming of sexual acts for publication is legal in California, which has led to the development of a robust adult film industry in Southern California, particularly in the Los Angeles area. Recently, regulations have been proposed that would require actors in pornographic films to wear condoms. This comment examines legal objections to “The County of Los Angeles Safer Sex in the Adult Film Industry Act” and CalOSHA’s assertion that California law requires the use of prophylactics in adult films. It argues that sexual expression in these adult films is protected under the First Amendment, although it may still be …

Mandated Mediocrity: Modernizing Education Law By Reducing Mandates And Increasing Professional Discretion, Shavar D. Jeffries

Cornell Journal of Law and Public Policy

No abstract provided.

Sentencing The Family: Recognizing The Needs Of Dependent Children In The Administration Of The Criminal Justice System, Tamar Lerer

Northwestern Journal of Law & Social Policy

Hundreds of thousands of incarcerated persons are parents; in many instances, their incarceration has profound effects on their young children. Despite the predictable harm that the these children experience when their caretakers are incarcerated, the criminal justice system lacks a uniform, principled, and transparent way to consider their interests at critical stages in the process.

In this Article, I argue that the interests of the children of incarcerated offenders should be considered and demonstrate how this can be done. The paper proceeds in three Parts. In the first Part, I explain why we should care about caretaker incarceration: it harms …

When Standards Collide: How The Federal Death Penalty Fails The Supreme Court's Eighth Amendment Evolving Standards Of Decency Test When Applied To Puerto Rican Federal Capital Defendants, Cristina M. Quinones-Betancourt

Cornell Journal of Law and Public Policy

No abstract provided.

Congressional Disclosure Of Time Spent Fundraising, Brent Ferguson

Cornell Journal of Law and Public Policy

No abstract provided.

The Jurisdiction Of The D.C. Circuit, Eric M. Fraser, David K. Kessler, Matthew J. B Lawrence, Stephen A. Calhoun

Cornell Journal of Law and Public Policy

No abstract provided.

Economic Theory Lost In Translation: Will Behavioral Economics Reshape The Compelled Commercial Speech Doctrine, Kyle Rozema

Cornell Journal of Law and Public Policy

No abstract provided.

Deferred/Non Prosecution Agreements: Effective Tools To Combat Corporate Crime, Michael Yangming Xiao

Cornell Journal of Law and Public Policy

No abstract provided.

Large-Sized Soda Ban As An Alternative To Soda Tax, Hery Min

Cornell Journal of Law and Public Policy

No abstract provided.

Amicus (Fall 2013), University Of Colorado Law School

Amicus

Issue at a glance:

• Describes the importance of mentoring and individualized legal education
• Illustrates curriculum initiatives
• Highlights outstanding accomplishments of current students
• Explains the importance of legacy gifts and the Heritage Society
• Highlights from the Colorado Law Action Plan
• Profiles of new faculty and staff
• Updates on Colorado Law alumni