Law Commons^™

F15rs Sgr No. 20 (Hc Decoration Disposal), Cecola, Lyons, Phagan, Ryan

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request that Greek Life and the department of Campus Life dispose of all Homecoming decorations in an eco-friendly manner.

F15rs Sgr No. 26 (Atrium Cafe Hours), Dean, Terrebonne, Becquet, Bergeron, Brennan, Ingram, Lampo, Leggett, Myers, Rose

Student Senate Enrolled Legislation

A RESOLUTION

To Urge and Request that the Louisiana State University Dining Services Extend the Hours of Operation of the Atrium Café in the Design Building

F15rs Sgr No. 29 (Blue Light Quotes), Banas

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request a quote to be obtained for the installation of the Code Blue Emergency System model CB 1-S in campus parking lots and throughout campus.

F14rs Sgr No. 15 (Clocks), Longo

Student Senate Enrolled Legislation

No abstract provided.

F15rs Sgr No. 28 (Ps-22), James Mickler

Student Senate Enrolled Legislation

To urge and request that the administration and faculty senate consider and implement improvements to Policy Statement 22 so that students with university excused absences are fairly and uniformly accommodated

F15rs Sgr No. 22 (Commitment To Honor), Triche

Student Senate Enrolled Legislation

A RESOLUTION

To Reestablish and Reaffirm the Commitment to Honor, formerly known as the Tiger Creed/Pledge of Honor, and to urge Louisiana State University Agricultural and Mechanical College (LSU) to recognize the Commitment to Honor as a subsection of the Commitment to Community

F15rs Sgr No. 27 (Atrium Cafe Options), Sas

Student Senate Enrolled Legislation

A RESOLUTION

To urge and request LSU Dining to provide fresher and healthier dining options in the Atrium Cafe

Climate Change In The Courts: An Assessment Of Non-U.S. Climate Litigation, Meredith Wilensky

Duke Environmental Law & Policy Forum

As the impacts of a warming climate system become more apparent and countries across the globe begin to implement mitigation and adaptation measures, the issue of climate change has increasingly arisen in litigation. While there has been substantial literature examining how the issue of climate change has manifested in U.S. courts, this article is the first large-scale assessment of climate change litigation outside the United States. Based on an empirical study of all reported non-U.S. litigation, this article discusses what types of claims have arisen; how climate litigation varies by jurisdiction; who the key players are; and what their primary …

What Notice Did, Jessica D. Litman

Law & Economics Working Papers

In the 21st century, copyright protection is automatic. It vests in eligible works the instant that those works are first embodied in a tangible format. Many Americans are unaware of that, believing instead that registration and copyright notice are required to secure a copyright. That impression is understandable. For its first 199 years, United States copyright law required authors to take affirmative steps to obtain copyright protection. The first U.S. copyright statute, enacted by Congress in 1790, required the eligible author of an eligible work to record the title of the work with the clerk of the court in the …

Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison

Washington Journal of Law, Technology & Arts

A group of former and current football and men’s basketball players, led by ex-UCLA basketball star Edward O’Bannon, brought an antitrust suit against the NCAA in the U.S. District Court for the Northern District of California. Their goal was to obtain an injunction ending the NCAA’s rules preventing players from being paid for the use of their names, images, or likenesses. Relying in large part on a 1984 Supreme Court case, NCAA v. Board of Regents of the University of Oklahoma, the NCAA claimed that there are specific procompetitive justifications for the restrictions, namely, amateurism and competitive balance. The …

The Limits Of The Freedom Act's Amicus Curiae, Chad Squitieri

Washington Journal of Law, Technology & Arts

The federal government’s power to engage in surveillance for national security purposes is extensive. In an effort to reform the current national surveillance regime, scholars have called for, among other things, the creation of a “special advocate” to counter the government’s arguments before the Foreign Intelligence Surveillance Court. Feeling political pressure to improve an ever-unpopular national surveillance regime, lawmakers passed the USA FREEDOM Act (“Freedom Act”). Section 401 of the Freedom Act provides for the creation of an “amicus curiae,” a position that differs from earlier conceptions of a “special advocate” in important respects. This Essay examines those differences, and …

The Dmca Rulemaking Mechanism: Fail Or Safe?, Maryna Koberidze

Washington Journal of Law, Technology & Arts

This Article analyzes seventeen years under the Digital Millennium Copyright Act (“DMCA”) rulemaking mechanism and suggests changes to reinforce its successes while remedying its failures. Part I briefly discusses the legislative history of the rulemaking mechanism and policy justifications for its adoption within the DMCA scheme. Part II reviews legal and evidentiary standards of the rulemaking and recent changes to its administrative procedure. Part III provides an overview of the prior rulemakings and their impact on non-infringing uses, with a particular focus on the “e-book” and “cellphone unlocking” exemptions. Part IV applauds the Breaking Down Barriers to Innovation Act of …

Table Of Contents - Cardozo Journal Of International And Comparative Law, Vol. 24, Iss. 1

Cardozo Journal of International and Comparative Law

No abstract provided.

David Versus Goliath And Multilateral Diplomatic Negotitations In The 21st Century: How The Greek Debt Crisis Negotiations Marked The Revenge Of Goliath, Avnita Lakhani

Cardozo Journal of International and Comparative Law

The purpose of this article is to analyze the manner in which negotiations pertaining to the Greek debt crisis were conducted and whether there are lessons to be learned in terms of effective negotiation techniques, a mutually sound negotiated agreement, and whether the recently-announced 'unanimous agreement' between the European Union Council members to support a three-year European Stability Mechanism (ESM) programme for Greece has any prospects for success.

The central questions that this article aims to analyze are whether, from the perspective of well-established negotiation theory and practice, there a win-win solution for Greece, its creditors, and the European Union, …

A Major Smuggle Struggle: It's Time For Major League Baseball To Step Up To The Plate And Alleviate Its Cuban Smuggling Problem, Anna Kaminsky

Cardozo Journal of International and Comparative Law

The note examines the impact of the U.S. trade embargo on Cuba, particularly its effects on Cuban baseball players seeking to join Major League Baseball (MLB). It highlights how the embargo has led to dangerous smuggling routes for these players, arguing that MLB should take greater responsibility in addressing this issue and alleviating the humanitarian and legal challenges it presents.

Keeping Up With Tax Law And The Affordable Care Act, Frederick W. Dingledy

Library Staff Publications

No abstract provided.

Divorce Equality, Allison Anna Tait

Washington Law Review

The battle for marriage equality has been spectacularly successful, producing great optimism about the transformation of marriage. The struggle to revolutionize the institution of marriage is, however, far from over. Next is the battle for divorce equality. With the initial wave of same-sex divorces starting to appear on court dockets, this Article addresses the distinctive property division problems that have begun to arise with same-sex divorce and that threaten, in the absence of rule reform, to both amplify and reinscribe problems with the conventional marital framework. Courts have failed to realize the cornerstone concept of equitable distribution—marriage as an economic …

The Fine Print, Fall 2015, University Of South Carolina School Of Law

Law School Alumni Magazines

No abstract provided.

Deferred Action And The Bounds Of Agency Discretion: Reconciling Policy And Legality In Immigration Enforcement, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Law Library Blog (October 2015): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Presidential Control Across Policymaking Tools, Catherine Y. Kim

Faculty Scholarship

No abstract provided.

Class Of 2018 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2018

With All Deliberate Speed: Brown V. Board Of Education, Julian Bond

Indiana Law Journal

Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.

Transnational Class Actions In The Shadow Of Preclusion, Zachary D. Clopton

Indiana Law Journal

The American class action is a procedural tool that advances substantive law values such as deterrence, compensation, and fairness. Opt-out class actions in particular achieve these goals by aggregating claims not only of active participants but also passive plaintiffs. Full faith and credit then extends the preclusive effect of class judgments to other U.S. courts. But there is no international full faith and credit obligation, and many foreign courts will not treat U.S. class judgments as binding on passive plaintiffs. Therefore, some plaintiffs may be able to wait until the U.S. class action is resolved before either joining the U.S. …

Of Counsel, Volume 17 | Fall 2015, North Carolina Central University School Of Law

Of Counsel

No abstract provided.

Analysis Of Freedom Of Information For Its Effect On Society By Considering 2011, The Year Of The Arab Spring, Paul D. Callister, Kimberlee Everson

Faculty Works

2011, the year of the Arab Spring, presents a unique opportunity to look back and study how the relative freedom and development of information environments affect stability in nations throughout the Middle East and world. Such study raises interesting questions about whether freedom of information and speech are ultimately stabilizing influences for society in terms of loyalty, violence and political unrest — questions all the more important as societies face the onslaught of the internet, mobile devices and cell phones. Are non-democratic regimes “better off” by monopolizing and controlling the flow of information over new information channels? Are democratic societies, …

Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik

Media Presence

No abstract provided.

Case Global: Changing Lives Over Spring Break, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 7, #1 (2015)

• Changing lives over spring break (cover)
• Frederick K. Cox International Law Center celebrates 25 year anniversary
• Case Western Reserve’s international law program jumps four spots to No. 11...
• Students in new Human Rights Clinic handle immigration case… (East Africa)
• Brigade Judge Advocate Keith Petty, ‘02 deployed to Liberia… (Ebola epidemic)
• International law curriculum; sequence to success
• CWRU Law’s piracy work culminates in publication of a book…
• Case Western Reserve screens documentary film… (ICTY)
• Case Western Reserve students intern around the world
• Recent Graduate Profiles
• International Law 2014-15 Events Round-up
• News of our International Law Faculty

Sign Regulation After Reed: Suggestions For Coping With Legal Uncertainty, Alan C. Weinstein

Law Faculty Articles and Essays

This article discusses Reed v. Town of Gilbert, in which the Court resolved a Circuit split over what constitutes content based sign regulations. We note that Justice Thomas's majority opinion applies a mechanical "need to read" approach to this question, and then explore the doctrinal and practical concerns raised by this approach. Doctrinally, we explore the tensions between Thomas's "need to read" approach and the Court's current approach of treating some regulation of speech as content-neutral despite the fact that a message must be read to determine its regulatory treatment. A prime example being the Court's "secondary effects" doctrine. …

Adapting Human Rights, Rhett B. Larson

Duke Environmental Law & Policy Forum

Governmental leaders, scholars, and activists have advocated for human rights to food, water, education, health care, and energy. Such rights, also called positive rights, place an affirmative duty upon the state to provide a minimum quantity and quality of these goods and services to all citizens. But food, education, water, and health care are so different–in how they are produced, consumed, and financed–that the implementation of a positive right must be adapted to the distinctive characteristics of the good or service it guarantees. The primary aims of this adaptive implementation are transparency, enforceability and sustainability in the provision of positive …