Law Commons^™

H. R. 4241, To Establish The United States Copyright Office As An Independent Agency, And For Other Purposes [Discussion Draft], 114th Congress, 1st Session, Tom Marino, Judy Chu, Barbara Comstock

Copyright, Fair Use, Scholarly Communication, etc.

A bill put forth during the first Session of the 114th Congress to establish the United States Copyright Office as an independent agency, and for other purposes. This Act may be cited as the "Copyright Office for the Digital Economy Act."

Proposes enacting changes to Section 701 and Section 408 of Title 17 of the United States Code to remove the United States Copyright Office from the Legislative branch of the federal government and move it to the Executive branch of the federal government, along with proposals for associated transfer of administrative and technical functions.

Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum

Santa Clara High Technology Law Journal

Direct Digital Engagement of Patients and Democratizing Health Care

Pollinator Stewardship Council V. United States Environmental Protection Agency, 800 F.3d 1176 (9th Cir. 2015), Hallie Bishop

Public Land & Resources Law Review

No abstract provided.

Intra-Agency Coordination, Jennifer Nou

Articles

No abstract provided.

State Of Utah, Plaintiff/Appellee, V. Rick Jimenez, Defendant/Appellant : Appellant's Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgement of conviction for one count of burglary, a second degree felony, Utah Code 76-6-202, in the Third Judicial District, Salt Lake County, Utah, the Honorable Denise Lindberg presiding

Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: The Jail Trap: Mass Incarceration In Ri, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

2015 Commercial Space Industry Snapshot As Seen Through The Eyes Of The International Symposium For Personal And Commercial Spaceflight (Ispcs), Sarah J. Nilsson Esq.

Publications

The International Symposium for Personal and Commercial Spaceflight (ISPCS) is a nonprofit independently run annual event, that has taken place these past 11 years, whose speakers capture the growth and diversification of the global commercial space industry in the form of short powerful talks. Hence, it was appropriate that a 2015 snapshot of the commercial space industry should look at this body of experience and knowledge. The key developments, the key players and an accurate state of the industry are hereby presented through the eyes of the ISPCS from this past eleventh symposium that spanned two days and was held …

Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau

Santa Clara High Technology Law Journal

Design Patient Evolution: From Obscurity to Center Stage

December 9, 2015: The Spirit Of Doom, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Spirit of Doom“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

State Of Utah, Plaintiff/Appellee, V. Percy L. Wilder, Defendant/Appellant : Reply Brief Of The Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a conviction for aggravated kidnapping and aggravated sexual assault, first degree felonies in the Second District Court, State of Utah, the Honorable Mark R. DeCaria, Judge, presiding

Garth Gines Appellant/Plaintiff, V. Sean Edwards, Appellee/Defendant., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE FOURTH DISTRICT COURT UTAH COUNTY, STATE OF UTAH THE HON. DEREK PULLAN, CIVIL NO. 120400620

The Hoynes Code, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations. Requirements for the LL.M. and J.S.D. degree are included in the appendices.

Radio Kol Baramah V. Kolech – Religious Women’S Forum, Yoram Danziger, Daphne Barak-Erez, Esther Hayut

Translated Opinions

The District Court certified the application of Kolech – Religious Women’s Forum Organization (hereinafter: Kolech) to bring a class action against the radio station Kol BaRamah Ltd. (hereinafter: the radio station), holding that the declared policy adopted by the radio station in the years 2009-2011, whereby women could not be heard on the station’s broadcasts, constituted prohibited discrimination under the Prohibition against Discrimination in Products, Services and Entry to Places of Entertainment and Public Places Law, 5761-2000 (hereinafter: Prohibition against Discrimination Law). (It should be noted that the change in the management of the radio station as of the year …

Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson

Santa Clara High Technology Law Journal

Only a Pawn in the Game: Rethinking Induced Patent Infringement

Campaign Finance Makes America Go ‘Round: Individual Campaign Contributions And The Effects Of Citizens United On The American Election System, Geneva Sherman

Student Scholar Symposium Abstracts and Posters

How political campaigns are financed directly affects every citizen in the United States. This can be attributed to the fact that campaign money is correlated to the laws that pass through congress and the interests that are taken into consideration. After the passage of Citizens United in 2010, campaign donation caps were lifted to allow for virtual unregulated money in politics with PACs, Super PACs and 501(c)(4)s. Although the 2010 passage of Citizens United has increased the influence of corporate and wealthy interests, individual campaign donations represent a major percentage of funds raised and are heavily relied upon. The present …

Lori Ramsay And Dan Smalling, Appellants, Vs. Utah State Retirment Board, And Kane County Human Resource Special Service District, Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

E-Discovery In Criminal Defense: Challenges Of Pretrial Detainee Access, Emilee A. Sahli

City University of New York Law Review

No abstract provided.

Web Based Cyber Forensics Training For Law Enforcement, Nick Sturgeon

Purdue Polytechnic Masters Theses

Training and education are two of the most important aspects within cyber forensics. These topics have been of concern since the inception of the field. Training law enforcement is particularly important to ensure proper execution of the digital forensics process. It is also important because the proliferation of technology in to society continues to grow at an exponential rate. Just as technology is used for good there are those that will choose to use it for criminal gains. It is critical that Law Enforcement have the tools and training in cyber forensics. This research looked to determine if web based …

A Child-Centered View Of Foster Parenting By Same-Sex Couples, James G. Dwyer

Popular Media

No abstract provided.

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership, Mary Anne Case

University of Chicago Legal Forum

No abstract provided.

Affirmative Action And The Crisis In Higher Education, Scott D. Gerber

ConLawNOW

At all but the nation’s top colleges and universities, enrollments are down and budgets are strapped. Although many offer ideas why, the heavy-headed use of racial and ethnic preferences in student admissions, financial aid, and faculty hiring is also to blame, but also nobody ever mentions that. The term “affirmative action” originated with an executive order signed by President John F. Kennedy on March 6, 1961. Fast forward five decades and, to borrow a line from Dorothy in The Wizard of Oz, “We’re not in Kansas any more.” Bluntly stated, there is systemic discrimination in all three categories of affirmative …

Tradition, Policy And The Establishment Clause: Justice Kennedy's Opinion In Town Of Greece V. Galloway, Wilson Huhn

ConLawNOW

The great jurisprudential battle that has raged in the Supreme Court for more than a century and the question that our society has struggled with since the advent of the Civil War is whether the Constitution is a command by our ancestors that we retain the same political structures, social hierarchies, and cultural traditions that they had, or whether it reflects ideals of liberty, equality, fairness, and tolerance that they aspired to and that they expected us to reach for. That struggle between rules and standards, doctrine and principles, conventionalism and consequentialism, tradition and policy in the interpretation of the …

Prayer And The Meaning Of The Establishment Clause: A Debate On Town Of Greece V. Galloway, Patrick M. Garry

ConLawNOW

Greece v. Galloway involved the constitutionality of the town of Greece’s practice of opening its monthly town board meetings with an invocation given by a volunteer chaplain of the month. The issue in Greece was not the appropriateness, sensitivity, or wisdom of the prayers, nor whether some people are offended by the prayers.

The Establishment Clause is not about feelings, just as the Speech Clause is not about the feelings of people who disagree with or are offended by other people’s speech. The Establishment Clause is not an individual rights clause; it is a clause focused on the institutional liberty …

Navigating A "Legal Black Hole": The View From Guantanamo Bay, Carlos Warner

ConLawNOW

This article discusses the unique and perhaps bizarre litigation surrounding the detainees held in Guantanamo Bay, Cuba by the United States Government. The article describes in detail the development of the litigation making “meaningful judicial review” impossible for the detained men. The article also describes how one attorney has strategically advanced the causes of his clients in spite of restrictive classification of material and impossible legal standards. The article describes the conditions and logistics surrounding visiting clients in Guantanamo and litigating cases.

Finally, the article concludes that the only way to "win" the Guantanamo litigation is through a "Dada" approach …

Who Amended The Amendment?, John Olsson

ConLawNOW

The purpose and intent of the Sixth Amendment of the US Constitution has been repeatedly distorted by textualist misinterpretation, orchestrated by elements of the judiciary more concerned with preserving the power of government than the rights of individual defendants. As a result, it is hard to know what the Amendment stands for, since it has been successively re‑interpreted and, effectively, amended for at least the past 80 years and possibly longer. The author argues that it is time for courts to return to the spirit of the laws that actuated the Bill of Rights over two hundred years ago, and …

The Founders On: "Does The Constitution Work?", Craig A. Stern

ConLawNOW

Whether the Constitution works depends upon the purpose of its working. Discerning that purpose, however, has resisted consensus. Consequently, this article suggests a roundabout way to supply at least a tentative answer to the question whether the Constitution works. The Founders believed that the Constitution, like any republican form of government, would work only for a moral and religious people. They framed and adopted the Constitution in that belief. John Adams warned that without morality and religion, the passions of the people “would break the strongest cords of our Constitution.” A glance at how some cords have fared with a …

A Constitutional Right To Police Protection And Classical Liberal Theory: Complement, Not Conflict, Laura Rae Dove

ConLawNOW

This article considers whether an obligation should be placed upon the State to enforce its own laws in situations where the State is in a unique position to protect particular citizens. The author argues that the current system, under which the State has virtually no obligation to enforce its own laws, affronts the classical liberal underpinnings on which the United States was founded.

The article examines the U.S. Supreme Court’s holdings in DeShaney v. Winnebago County Department of Social Services and in Town of Castle Rock v. Gonzales. These two holdings, the author argues, do not properly consider the …

Realism Over Formalism And The Presumption Of Constitutionality: Chief Justice Roberts' Opinion Upholding The Individual Mandate, Wilson Huhn

ConLawNOW

This article examines Chief Justice Roberts’ opinion in National Federal of Independent Business v. Sebelius, a decision that upheld the constitutionality of key provisions in the Affordable Care Act. The individual mandate, the focus of this article and perhaps the most hotly contested provision in the Act, requires private citizens to purchase health insurance or face financial penalty for remaining uninsured. The individual mandate has had and will continue to have important ramifications both for the national economy and for constitutional interpretation in future cases.

First, the article addresses important repercussions of upholding the Act, including significant consequences for …

The Unconstitutionality Of Ohio's House Bill 125: The Heartbeat Bill As Analyzed Under The First Amendment Of The United States Constitution, Jessica L. Knopp

ConLawNOW

This article examines the constitutionality of Ohio’s controversial House Bill 125 (“H.B. 125”), which includes new restrictions and requirements for abortion procedures performed in Ohio. The author argues that, while the new abortion measures conflict with the Supreme Court’s Fourteenth Amendment jurisprudence established in Roe v. Wade and in Planned Parenthood v. Casey, H.B. 125 also violates the Establishment Clause of the First Amendment by imputing religious beliefs about conception and the value of life onto all Ohioans.

The article first outlines the current legal framework for constitutionally acceptable and unacceptable abortion restrictions, including a discussion of informed consent …