Law Commons^™

Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner

BYU Law Review

No abstract provided.

The State Of The States: The Continuing Struggle To Criminalize Revenge Porn, Justin Pitcher

BYU Law Review

No abstract provided.

Mmu: 11/30/15–12/06/15, Student Bar Association

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

Self-Promotion Of Audiovisual Media Providers, Elżbieta Czarny-Drożdżejko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article describes rules on the issue of self-promotion in the European Convention on Transfrontier Television, in the Audiovisual Media Services Directive and in the Polish Broadcasting Act. Self-promotion is a complex matter as it can take different forms such as advertisements of products of the media service providers, trailers and sometimes even prevue. The legislator is not entirely consistent in the terminology used and does not differentiate this phenomenon. Self-promotion is a form of commercial communication intended to encourage the promotion of goods or services of the sender. Self-promotion is thus subject to all provisions governing the form and …

The Legal Status Of Personalized Media, Jędrzej Skrzypczak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

A dynamic development of media-related digital technologies has been observed throughout recent decades. These phenomena are conducive to significant social, economic, political and legal transformations. The development of digital media has led to the creation of many new categories of transfers and modifications of traditional communication patterns. One of the most interesting examples of these phenomena is personalized media. This could be media on-demand, but also media available via streaming, tailored to the needs of a specific recipient. The legal status of personalized media is surrounded by many doubts. This paper focuses on analyzing the legal rules defining the formal …

Legal Status Of Connected Tv On The Basis Of The Broadcasting Act Of 29th December 1992, Tomasz Zdzikot

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Growing convergence of media leads to far-reaching changes in the manner of reception of content offered through various communication channels. Convergence also connects service providers which used to operate completely separately and under different legal regimes. This issue is a source of many doubts from the point of view of the regulatory framework, incompatible with highly advanced and innovative services. The development of hybrid systems, combining television and the Internet, makes it necessary to attempt to assign market facts to binding law – key among them, within media services, is the Broadcasting Act of 29th December 1992.

Regulating Audiovisual On-Demand Services. New Solutions For The ‘New Media’?, Katarzyna Klafkowska-Waśniowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article covers the Polish implementation of the Audiovisual Media Services Directive (AVMSD) concerning on-demand audiovisual media services. Three main issues are discussed: the definition and delineation of on-demand audiovisual services as well as rules on the protection of minors and on the promotion of European works. The concept of ‘on-demand audiovisual media service’ provokes many questions as to the scope of its regulation, particularly when it comes to the separation of the audiovisual media sector from electronic press. The author discusses the ‘comparability’ criterion, as a part of the definition of a ‘programme’, and the lack of the express …

Distribution Of Television Programs As A Telecommunications Service, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Article concerns the consequences of declaring the service of ‘providing television services to subscribers’ to be a ‘telecommunications service’, which resulted from judicial developments as well as from a statement of the Telecommunications Regulator. The change was meant to provide subscribers of television services with legal protection corresponding to that available to subscribers of telecommunications services, breaking free from the established, literal interpretation of EU and national law. However, apart from the expected changes concerning the relationships between service providers and subscribers, the paper shows also the unexpected results of the new interpretation which, in turn, do not have …

The Polish List Of Major Events And The Context Of Its Creation, Albert Woźniak

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Article 20b(3) of the Polish Broadcasting Act gives the Polish National Broadcasting Council – KRRiT – the authority to issue a biding act (in Polish: Rozporządzenie, that is, a regulation) creating a list of major events, having regard to the degree of social interest in the given event and its significance to social, economic and political life. The article presents the context of creating the Polish list and the criteria which were taken into consideration while the KRRiT was adopting it.

Video Materials On Newspaper’S Website And The Application Of The Audiovisual Media Services Directive. Comment To The Judgment Of The Court Of Justice Of The European Union (Second Chamber) Of 21 October 2015, Case C 374/14, New Media Online Gmbh, Andrzej Nałęcz

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

No abstract provided.

Katarzyna Chałubińska-Jentkiewicz, Audiovisual Media Services. Regulation In The Conditions Of Digital Conversion. Ss. 356. Warsaw 2013, Michał Możdżeń-Marcinkowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Warsaw 2013, pp 356

Table Of Contents

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Table of Contents

New Media Services In A Changing Regulatory Framework, Stanisław Piątek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Volume Editor.

Report On The 5th Meeting Of The Directorate General For Information Technology And Communications On Self- And Co-Regulation, Lidia Żebrowska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Brussels, 12 June 2015

Entire Issue Vol. 4 No. 7

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol. 4(7)

Strategy For The Polish Media Market For The Years 2015–2020, Wojciech Dziomdziora

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Organisational report

State Of Utah, Plaintiff/Appellee, Vs. William Tirado, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Second District Court, Weber County, State of Utah, from a conviction of arranging the distribution of a controlled substance, a second degree felony, before the Honorable Ernie W. Jones; Oral Argument Requested; appellant is currently incarcerated at the Utah State Prision

Protecting Syrian Refugees: Laws, Policies, And Global Responsibility Sharing, Susan M. Akram, Sarah Bidinger, Aaron Lang, Danielle Hites, Yoana Kuzmova, Elena Noureddine

Faculty Scholarship

This article provides an excerpt of a report that maps out how the Syrian refugee crisis is being played out in four of the main states hosting the refugees, Lebanon, Jordan, Egypt and Turkey. This excerpt focuses on the laws and policies in the host states and how they are creating particularly devastating consequences for Palestinian refugees. The excerpt sets out the Report’s conclusions and recommendations, primarily the call for a global Comprehensive Plan of Action (cpa), with various components within and outside the Middle East region that build on existing legal obligations to better allocate responsibility for the refugee …

Environmental Integrity Project V. Mccarthy, Lindsay Ward

Public Land & Resources Law Review

In addition to stocking grocery stores and restaurants with beef, chicken and milk, CAFOs generate another product—manure. The EPA’s decision to withdraw a proposed rule compelling CAFOs to provide information to aid the agency in regulating their discharge of pollutants into the waters of the United States was upheld by the United States District Court for the District of Columbia. The court concluded that the EPA’s decision was “adequately explained” and “coherent,” supported by the administrative record, and did not conflict with existing law.

Pursuing Legislative Authority For Clinical Social Workers To Provide Private Independent Mental Health Services: What Is The Status And What Are The Issues?, Caroline Blower

University Honors Program

The scope of clinical social work practice differs among the various US states as defined by legislative codes. Understanding these differences is challenging because legislative codes are difficult to read, sometimes requires advanced knowledge to interpret, or do not provide the sufficient breadth and/or depth of information to enable a full understanding of practice limits. The study utilized an electronic survey and asked social workers throughout the US five questions about providing private independent mental health services. These questions addressed the ability of licensed clinical social workers (LCSWs) to (1) provide diagnosis, (2) create treatment plans, (3) bill third party …

The Health Benefits Of The Mediterranean Diet, Kathryn Cleek

University Honors Program

Introduction This thesis is over the health benefits of the Mediterranean diet, what causes these increase in health benefits. In the introduction of this paper I discuss what the Mediterranean diet is, the history of the Mediterranean diet, who first demonstrated the diet, the physical activity differences in America and Europe, the portion size differences and the Ten Commandments of the diet. Each component of diet is important for understand how the diet works when comparing it to the health of those who demonstrate the diet. Main Body The main body is composed of what I used to find my …

Personal Responsibility For Systemic Inequality, Martha T. Mccluskey

Contributions to Books

Published as Chapter 15 in Research Handbook on Political Economy and Law, Ugo Mattei & John D. Haskell, eds.

Equality has faded as a guiding ideal for legal theory and policy. An updated message of personal responsibility has helped rationalize economic policies fostering increased inequality and insecurity. In this revised message, economic “losers” should take personal responsibility not only for the harmful effects of their individual economic decisions, but also for the harmful effects of systemic failures beyond their individual control or action. In response to the 2008 financial crisis, this re-tooled message of personal responsibility promoted mass austerity in …

The Catholic School Revival, Karl Zinsmeister

NDLS in the News

No abstract provided.

Culture And Government In A Land Of Conflict: An Analysis Of Northern Ireland, Emily Starbuck

University Honors Program

The following thesis is an analysis of the rich and complex history of the state of Northern Ireland and its subsequent effects on government policy, cultural identification, and public opinion concerning the use of violence. I examined the historical precedents set into place which could explain the continued violence, political party orientation, and cultural evolution which is, even now, taking place as a result of the involvement of two very different populations. I provided evidence concerning current public opinion regarding the sectarian and paramilitary violence which plagued the state for hundreds of years and continues to occur, although much less …

American Culture’S Impact On Gender And The Perpetuation Of A Gender Binary, Anna Blaho

University Honors Program

This thesis explores the origins of American culture’s fixation on gender being a dichotomous concept. Through the analysis of previous research surrounding the subject of gender roles, expectations, and stereotypes, contributors to this restrictive mind frame as well as reinforcing agents were recognized. Historical trends have demonstrated the assignment of clear and separate tasks to the genders, which in turn created differentiated experiences and opportunities presented to each gender. Facilitated by the historical basis, American culture emulated similar patterns that instilled inflexible conceptions about gender to the point where it has created a discriminate workplace environment. As a consequence of …

Constitutional Rights In Post-9/11 America, Meredith Aby

Communication and Theater Association of Minnesota Journal

On September 21, 2011, Meredith Aby accepted an invitation to speak on the subject of freedom of speech and association in ten years after 9/11. Her speech, which was sponsored by the Department of Communication Studies at Minnesota State University, the Kessel Peace Institute, and the Mankato Area Activist Collective, is more than a powerful defense of free speech the right to dissent. It is the personal account of an ordinary person of extraordinary conviction—an activist, a mother, a partner, a teacher, and a debate coach—for whom standing up for right to oppose one’s government is more than an abstract …

International Law, Constitutional Law, And Public Support For Torture, Adam S. Chilton, Mila Versteeg

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Sharon Smith Petitioner/Appellee V. Keith Smith Respondent/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Findings of Fact and Conclusions of Law and Decree of Divorce, each entered on March 26, 2015, by the Third Judicial District Court, the Honorable Robert W. Adkins presiding.

Immigration Federalism As Ideology: Lessons From The States, Lina Newton

Publications and Research

Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and …

State Of Utah, Plaintiff/Appellee V. Mario Louis Guillen, Defendant/Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from sentences for attempted theft and giving false personal information to a peace officer, both class A misdemeanors, in the Second Judicial District, Weber County, the Honorable W. Brent West presiding