Law Commons^™

Do No Harm: The Dispute Over Access To Health Care Between Israel And The Palestinian Territories, Emma Glazer

Cardozo Journal of International and Comparative Law

The note examines the legal dispute over access to healthcare between Israel and the Palestinian Territories under International Humanitarian Law (IHL). It argues that while IHL obligates Israel to provide medical services to Palestinians injured in conflict, it does not require unrestricted access for routine healthcare. The analysis highlights the need for Israel to balance its security interests with humanitarian obligations, ensuring access to healthcare while maintaining necessary restrictions. The note also suggests that as the Palestinian Territories pursue statehood, they should develop their own advanced healthcare facilities to reduce reliance on Israeli institutions.

Dear Olympic Medalists, Thank You For Representing Our Country In The Olympics, But It's Time To Pay Up!, Dena Guttmann

Cardozo Journal of International and Comparative Law

The note argues that Olympic medalists should not be exempt from paying taxes on their cash prizes and that Senator Marco Rubio's proposed bill to eliminate taxes on these prizes should not be passed. The author contends that taxing Olympic cash prizes aligns with the principle of fairness in the U.S. tax system and that such exemptions would create inequities and loopholes. The analysis draws on comparisons with how other countries, such as Australia and Canada, tax Olympic prizes and emphasizes the importance of maintaining a uniform tax system.

Not So Glamorous: Unveiling The Misrepresentation Of Fashion Models' Rights As Workers In New York City, Alexandra R. Simmerson

Cardozo Journal of International and Comparative Law

The note examines the misclassification of fashion models as independent contractors in New York City, arguing that this status denies them essential legal protections and perpetuates exploitation. It highlights the disparity between the treatment of models in New York and Paris, where models are classified as employees with access to benefits like unemployment insurance and regulated working hours. The analysis underscores the control modeling agencies exert over models' careers, handling bookings, billing, and payments, which suggests an employer-employee relationship. The note advocates for reclassifying models as employees to ensure fair labor practices and access to protections such as unemployment benefits …

The Hidden Structure Of Fact-Finding, Emily Spottswood

Scholarly Publications

This Article offers a new account of legal fact-finding based on the dual-process framework in cognitive psychology. This line of research suggests that our brains possess two radically different ways of thinking. “System 1” cognition is unconscious, fast, and associative, while “System 2” involves effortful, conscious reasoning. Drawing on these insights, I describe the ways that unconscious processing and conscious reflection interact when jurors hear and decide cases. Most existing evidential models offer useful insights about the ways that juries use relevant information in deciding cases but fail to account for situations in which their decisions are likely to be …

The Dangerous Law Of Biological Race, Khiara M. Bridges

Fordham Law Review

    The idea of biological race—a conception of race that postulates that racial groups are distinct, genetically homogenous units—has experienced a dramatic resurgence in popularity in recent years. It is commonly understood, however, that the U.S. Supreme Court has rejected the idea that races are genetically uniform groupings of individuals. Almost a century ago, the Court famously appeared to recognize the socially constructed nature of race. Moreover, the jurisprudence since then appears to reaffirm this disbelief: within law, race is understood to be a social construction, having no biological truth to it at all. Yet upon closer examination, the Court’s apparent …

A Three-Tiered Public Policy Approach To Copyright Misuse In The Context Of Tying Arrangements, Sandy Azer

Fordham Law Review

    Over two decades since the copyright misuse doctrine was first recognized in Lasercomb America, Inc. v. Reynolds, a uniform approach for determining whether a specific behavior constitutes misuse still does not exist. Circuit courts have commonly applied two competing approaches to the misuse analysis. One approach centers on the public policy underlying copyrights; the other approach centers on antitrust principles. This Note explores relevant jurisprudence and elucidates the shortfalls of each approach. It then proposes a compromise that underscores the interplay between copyright and antitrust laws. The proposed resolution aims to provide a much–needed uniform misuse analysis that does …

No Defense For Self-Defense: Determining Whether Courts Should Order Insurers To Represent Insureds Who Have Acted In Self-Defense, Alex Dzioba

Fordham Law Review

    The right to defend oneself has traditionally been heavily protected by courts in all scenarios. However, the refuge that an act of self–defense provides becomes muddled in the context of an insurance agreement. State courts are split on whether an insured who claims to have acted in self–defense is entitled to legal representation and compensation from the insurer in light of an insurance contract containing an intentional injury exclusion clause. This clause is used virtually uniformly throughout the insurance industry and it has caused courts to ponder if an act of selfdefense fits within the language of such a clause, …

Maine Law Magazine - Issue No. 89, University Of Maine School Of Law

Maine Law Magazine

FEATURES

• Tom Ward
  A fond farewell
• Nina Kohn
  A career focused on elder law
• Justice for Women
  Leymah Gbowee confronts violence against women
• Global connections
  LL.M. graduates discuss their experience
• Second acts
  Students are shaping second careers
• Thriving in business
  Graduates apply their skills in a wider realm
• Making a difference
  Experiential learning with an impact

Shaking Out The "Shakedowns": Pre-Discovery Dismissal Of Copyright Infringement Cases After Comparison Of The Works At Issue, Evan Brown

Washington Journal of Law, Technology & Arts

In an era of copyright trolling, digital distribution, and widespread reappropriation of creative works, the specter of “shakedown” copyright infringement litigation looms larger than ever before. Some plaintiffs will hold the prospect of expensive and time-consuming discovery over alleged infringers to provoke settlement. In the wake of the Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, courts are more likely to consider the costs and time requirements of discovery when considering a defendant’s 12(b)(6) motion to dismiss. Several courts have recently indicated a willingness to grant motions to dismiss in copyright infringement cases when …

Trouble For Trolling: Courts Reject Copyright Trolling Tactics, Megan R. Haslach

Washington Journal of Law, Technology & Arts

Copyright trolling has become a popular, but widely criticized tactic used by copyright holders to defend their intellectual property rights. One method involves rights holders selling their rights to infringed works to holding companies, as those companies may more easily file hundreds of suits against potential infringers at once. Another method involves rights holders themselves filing mass lawsuits against hundreds of BitTorrent users at once using their anonymous IP addresses, threatening to name the alleged infringers in a lawsuit if a settlement is not paid. However, in many recent cases, courts have shut down such tactics by invoking procedural deficiencies …

Criminal Defenses To Anti-Circumvention Charges For Modifying Video Game Consoles, Peter Dang

Washington Journal of Law, Technology & Arts

In United States v. Crippen, Matthew Crippen was charged with modifying Xbox 360 consoles for others for a fee. His modifications allowed the consoles to run unlicensed software in violation of the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA). In the first criminal trial arising from these provisions, the United States District Court for the Central District of California granted a motion in limine allowing the government to exclude evidence of fair use, holding that the DMCA provisions contained no fair use exception. After the prosecution abruptly dropped the case in December 2010, several questions remain unanswered: …

Can You Hear Me Now? The Race To Provide America With Universal, High-Speed Wireless Coverage, Dina Neda Rezvani

Washington Journal of Law, Technology & Arts

As the United States becomes increasingly dependent on universal, high-speed wireless services, infrastructural limitations are producing tension. The interests of consumers, telecommunications companies, state and local authorities, and businesses, as well as national security, are all at stake. Yet legal uncertainty stemming from a split among federal circuit courts hampers the development of solutions. The courts diverge on the interpretation of a key provision of the Telecommunications Act (TCA), 47 U.S.C. § 332(c)(7)(B), that regulates wireless service providers’ ability to erect new towers. There is great need for a national standard to give mobile providers a uniform means of accommodating …

Clark Memorandum: Fall 2013, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Looking Beyond the Stacks (David L. Armond and Shawn G. Nevers)
• A Lesson in Flying (RonNell Anderson Jones)
• Faith, Family, and Religious Freedom (Elder Jeffrey R. Holland)
• Instruments in His Hand (Elder Larry Echo Hawk)

Now Playing At A Youtube Near You: "Innocence Of [Internet Service Providers]", Brian A. Oliver

University of Miami International and Comparative Law Review

No abstract provided.

Frivolous Motions And Abuses Of Process At The Ad Hoc International Criminal Tribunals, Devon Whittle

Cardozo Journal of International and Comparative Law

The article examines the application of rules sanctioning frivolous or abusive motions at the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). While these rules are essential to prevent abuse of process, their application lacks consistency and clarity, leading to concerns about bias and undermining the principle of equality of arms. The article argues that developing a standardized framework for applying these rules would enhance fairness, reduce allegations of prejudice, and provide clearer guidance for counsel.

Protecting The Pachyderm: The Significance Of Ivory Trade Regulation For African Elephant Conservation, Sharon Montazeri

Cardozo Journal of International and Comparative Law

The note argues that the Convention on International Trade in Endangered Species (CITES) should have accepted CoP16 Proposal 12 at its 2013 meeting, which sought to prohibit future proposals allowing the trade of elephant ivory for nine years. The proposal aligns with CITES' mission to protect endangered species by eliminating incentives for harmful trade practices. While CITES relies on member states to implement conservation measures, the note contends that a trade ban, coupled with additional protections and public education, is essential to prevent further declines in African elephant populations.

The Lanham Act And Why Studios Are Right In Being Cautious, Devan Orr

Library Staff Publications

No abstract provided.

Towards A Network Of Marine Protected Areas In The South China Sea: Legal And Political Perspectives, Hai Dang Vu

PhD Dissertations

The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly …

The Fine Print, Fall 2013, University Of South Carolina School Of Law

Law School Alumni Magazines

No abstract provided.

Where The Judiciary Prosecutes In Front Of Itself: Missouri's Unconstitutional Juvenile Court Structure, Josh Gupta-Kagan

Faculty Publications

This article is the first scholarly examination of Missouri’s unusual juvenile court structure: Missouri law charges a “juvenile officer” with exclusive authority to determine which child welfare or delinquency cases to file and what to charge in each case. The juvenile officer is hired and supervised by juvenile court judges, and the juvenile officer litigates cases in front of those same judges. This structure differs from the typical procedures in juvenile courts around the United States, which have generally adapted their juvenile courts to reflect the norm of executive branch agencies or attorneys (not court staff) filing cases to intervene …

The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman

Osgoode Hall Law Journal

What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …

Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen

Osgoode Hall Law Journal

This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a …

Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò

Osgoode Hall Law Journal

What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …

Do Bills Of Rights Matter?: An Examination Of Court Change, Judicial Ideology, And The Support Structure For Rights In Canada, Donald R. Songer, Susan W. Johnson, Jennifer Barnes Bowie

Osgoode Hall Law Journal

Competing theories regarding the development of a “rights revolution” in Canada have appeared in the judicial and constitutional literature in recent years. On the one hand, scholars argue that the profound effects often attributed to the Charter of Rights and Freedoms are substantially overstated, and conventional analyses have overlooked the more important role of changes in what is called the “support structure” for rights. Others have advanced a competing theory that the Charter created an expansion of civil liberties. We take advantage of an extensive dataset on the decisions of the Supreme Court of Canada to provide a more systematic …

Guidance On Representative Actions: Koh Chong Chiah And Others V Treasure Resort Pte Ltd [2013] Sgca 52, Eunice Chua

Research Collection Yong Pung How School Of Law

In Koh Chong Chiah and others v Treasure Resort Pte Ltd,1 the Court of Appeal issued acomprehensive judgment outlining when representative actions may be brought pursuant toO 15 r 12 of the Rules of Court,2 which provides that:Where numerous persons have the same interest in any proceedings, … theproceedings may be begun, and, unless the Court otherwise orders, continued, by oragainst any one or more of them as representing all or as representing all except oneor more of them [emphasis added].

Shareholder Voting As Veto, Michael S. Kang

Indiana Law Journal

No abstract provided.

Biometric Id Cybersurveillance, Margaret Hum

Indiana Law Journal

The implementation of a universal digitalized biometric ID system risks normalizing and integrating mass cybersurveillance into the daily lives of ordinary citizens. ID documents such as driver’s licenses in some states and all U.S. passports are now implanted with radio frequency identification (RFID) technology. In recent proposals, Congress has considered implementing a digitalized biometric identification card—such as a biometric-based, “high-tech” Social Security Card—which may eventually lead to the development of a universal multimodal biometric database (e.g., the collection of the digital photos, fingerprints, iris scans, and/or DNA of all citizens and noncitizens). Such “hightech” IDs, once merged with GPS-RFID tracking …

E-Discovery 2.0, Lumen N. Mulligan, Joyce Isaacs

Faculty Works

No abstract provided.

Case Global: News From The International Law Centers & Institutes, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 6 [sic] [5], #1 (2013)

• Special Report: Professors help establish accountability mechanisms for Syrian atrocities
• A Message from Dean Scharf
• Worth Reading--Recent Faculty Publications/Activities
• Case launches New Online LLM
• Case Professor’s New Book Explores Accelerated Formation of Customary International Law
• Case law grad appointed UN/Africa Union Chief Mediator for Darfur
• Case launches new exchange and concurrent degree programs with 21 foreign partners
• Case offers world’s first free online international law course
• International Law Talk Radio from Case celebrates its first year
• Case International Law Moot Court teams excel again in 2013
• Record number of foreign lawyers received LLM degrees …

Eating Invaders: Managing Biological Invasions With Fork And Knife?, Joshua Ulan Galperin, Sara Kuebbing

Elisabeth Haub School of Law Faculty Publications

As the public, academy, government, and private sector all turn increased attention to food systems, new ideas constantly emerge for healthy, sustainable, and just innovations in growing, marketing, and eating food. “Invasivory” — eating invasive species — is one such idea. Biological invasions occur when humans transport an organism from its ecosystem of origin into a new ecosystem and that organism adapts to its new location, spreading widely from the site of introduction. Invasive species can cause significant ecological, economic, and public health damage. Crops, homes, and native species are all at risk. “Invasivores,” as the proponents of invasivory are …