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Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Hillenmeyer, "Convenience Of The Employer," And The Taxation Of Nonresidents' Incomes, Edward A. Zelinsky

Cleveland State Law Review

In Hillenmeyer v. Cleveland Board of Review, Ohio's Supreme Court unanimously declared that Cleveland's municipal income tax violated the Due Process Clause of the United States Constitution by taxing a nonresident athlete under the "games-played" method rather than the "duty-days" method. According to the Ohio court, the games-played approach overtaxed Mr. Hillenmeyer by allocating to Cleveland Mr. Hillenmeyer's compensation from the Chicago Bears using the percentage of the Bears' games played in Cleveland. By this approach, Cleveland taxed Mr. Hillenmeyer extraterritorially, reaching income he earned from services he performed for the Bears outside of Cleveland's borders. Due process, the Ohio …

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

“It’S Been A Hard Day’S Night” For Songwriters: Why The Ascap And Bmi Consent Decrees Must Undergo Reform, Brontë Lawson Turk

Fordham Intellectual Property, Media and Entertainment Law Journal

In order to guarantee reasonable fees for songwriters, composers, and publishers, the consent decrees must undergo critical reform to account for how music is licensed in new media. Part I of this Note will provide background on the mechanics of music licensing, both traditional and through modern mediums, in order to explain why the two largest PROs initially entered into governmental consent decrees. Part II will discuss recent judicial determinations of “reasonable” licensing rates for public performances in new media and demonstrate the discrepancy in compensation between songwriters and their sound recording counterparts, namely record companies and recording artists. Finally, …

Newsgathering Takes Flight In Choppy Skies: Legal Obstacles Affecting Journalistic Drone Use, Clay Calvert, Charles D. Tobin, Matthew D. Bunker

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article examines legal challenges confronting journalists who use drones to gather images. Initially, it traces the history of drones and the Federal Aviation Administration’s efforts to regulate them, as well as new state legislation that aims to restrict drones. This Article then illustrates that a wide array of legal remedies already exist for individuals harmed by journalistic drone usage, and it argues that calls for additional, piecemeal state laws to regulate drones are unnecessary and unduly hinder First Amendment interests in newsgathering and the public’s right to know. Furthermore, this Article asserts that the reasonable-expectation-of-privacy jurisprudence developed in aerial …

Content Providers’ Secondary Liability: A Social Network Perspective, Michal Lavi

Fordham Intellectual Property, Media and Entertainment Law Journal

Recent technological developments allow Internet users to disseminate ideas to a large audience. These technological advances empower individuals and promote important social objectives. However, they also create a setting for speech-related torts, harm, and abuse. One legal path to deal with online defamation turns to the liability of online content providers who facilitate the harmful exchanges. The possibility of bringing them to remove defamatory content and collecting damages from them attracted a great deal of attention in scholarly work, court decisions, and regulations. Different countries established different legal regimes. The United States allows an extensive shield—an overall immunity, as it …

The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre

Fordham Intellectual Property, Media and Entertainment Law Journal

For the first time in history, the U.S. Supreme Court will address copyright protection in the context of apparel in the case Star Athletica, LLC v. Varsity Brands, Inc. This case tackles arguably the most vexing, unresolved question in copyright law: How to determine whether artistic features of a useful article—such as a garment or piece of furniture—are conceptually separable from the article and thus protectable. Indeed, this case comes more than sixty years after Mazer v. Stein, the Supreme Court’s first and,until this date, only decision in this area. A lack of clear guidance from the Supreme Court and …

Case Ip Law News, Case Western Reserve University School Of Law, The Spangenberg Center For Law, Technology & The Arts

Case IP Law News

Vol. 3, #1

• Alumnus lands dream job with sports agency for LeBron James
• Rising 3L Justin Dillon trades guitar for entertainment law career
• Donor Recognized for Support to Create New IP Venture Clinic Suite
• WIPO Lab analyzes case studies on herbs, fruit, yoga
• Meet Deepa Mishra, first graduate of the Masters in Patent Practice program
• Students experience the legal side of sports and entertainment through Great Lakes Law Academy
• From Idea to Commercialization: About the IP Venture Clinic
• Prof. Craig Nard’s articles among most-cited
• Native American Tribes’ & Nations’ Rights to their IP explored during Spangenberg-sponsored lectures
• Faculty Updates

Are Corporate Wellness Programs Hazardous?, Case Western Reserve University School Of Law, Law-Medicine Center

Case Law-Med

• Law-Medicine Center Co-Directors participate in White House Precision Medicine Initiative
• Law-Med Center Associate Director named the law school’s first Associate Dean for Diversity
• Dual Degrees in health-related fields
• Markus Willoughby selected for ‘California Lawyer Attorney of the Year’ award
• Alumna brings health law expertise to the American Academy of Dermatology
• Students receive stipends for their health law summer internship programs
• Aging with a Plan receives national publicity
• Class of 2016 health law grad published in Journal of Medical Ethics 
• Faculty and Scholarly Updates
• Law professor submits amicus brief in Whole Woman’s Health v. Hellerstedt

President Obama's Legacy: The Iran Nuclear Agreement?, Milena Sterio

Law Faculty Articles and Essays

Iran, the United States, and several world super-powers signed a historic nuclear agreement over the summer of 2015. The Agreement is a comprehensive plan of action, with an unprecedented level of minutia and detail regarding Iran’s commitment to curb its nuclear program in exchange for the lifting of United Nations-imposed sanctions against Iran. This Agreement, if it is successfully implemented, may represent President Obama’s most significant foreign policy achievement and may become the most important element of President Obama's legacy.

This article examines the Iran Nuclear Agreement by focusing on the events that led to the imposition of sanctions against …

Chipping Away At The Rock: Perez V. Mortgage Bankers Association And The Seminole Rock Deference Doctrine, Kevin O. Leske

Loyola of Los Angeles Law Review

Largely escaping judicial and scholarly examination for close to seventy years, the Seminole Rock deference doctrine directs federal courts to defer to an administrative agency’s interpretation of its own regulation unless such interpretation “is plainly erroneous or inconsistent with the regulation.” But at long last the United States Supreme Court is poised to re-evaluate the doctrine.

In March 2015, in Perez v. Mortgage Bankers Association, the Court addressed whether a federal agency was required to follow the notice-and-comment procedures of the Administrative Procedure Act after it changed a prior interpretation of its regulation under the “Paralyzed Veterans doctrine.” Although …

European And International Intellectual Property Law Between Propertization And Regulation: How A Fundamental-Rights Approach Can Mitigate The Tension, Josef Drexl

University of the Pacific Law Review

No abstract provided.

Beyond Reparation: Affirmative Action As A Solution For Disparate Representation, Suny Cardenas-Gomez

Student Research

This essay provides support for Affirmative Action policy from the perspective that both supporters and opponents want merit-based evaluations. Disparate representation and prejudice-driven discrimination, however, make this impossible. Affirmative Action gives minorities the opportunity to change their representation in certain fields, therefore changing the way they are perceived, and eventually dissipating existing race-based discrimination in the evaluation process.

Constitutional Rights And The Transition To Democracy: Twenty Years Of South African Constitutionalism, Christopher G. Oechsli

NYLS Law Review

No abstract provided.

Twenty Years Of South African Constitutionalism, Gay J. Mcdougall

NYLS Law Review

No abstract provided.

Twenty Years Of Constitutional Democracy: A Preliminary Reflection, Dennis M. Davis

NYLS Law Review

No abstract provided.

Strengthening Constitutional Democracy: Progress And Challenges Of The South African Human Rights Commission And Public Protector, Tseliso Thipanyane

NYLS Law Review

No abstract provided.

Accountability And The Role Of Independent Constitutional Institutions In South Africa’S Post-Apartheid Constitutions, Heinz Klug

NYLS Law Review

No abstract provided.

Corruption Cases And Separation Of Powers In The South African Courts And U.S. Supreme Court, Mark Kende

NYLS Law Review

No abstract provided.

Access To Justice?: Dispute Management Processes In Msinga, Kwazulu-Natal, South Africa, Sindiso Mnisi Weeks

NYLS Law Review

No abstract provided.

Green V. Donahoe, Gerard Quinn

NYLS Law Review

No abstract provided.

Louisiana Municipal Police Employees’ Retirement System V. Wynn, Benjamin Eisenstein

NYLS Law Review

No abstract provided.

Understanding South Africa’S Aspirational Constitution As Scaffolding, Stu Woolman

NYLS Law Review

No abstract provided.

The Constitutionalization Of Children’S Rights In South Africa, Warren Binford

NYLS Law Review

No abstract provided.

Judicial Review Of Parliamentary Rulemaking: A Provisional Case For Restraint, Firoz Cachalia

NYLS Law Review

No abstract provided.

Clinical Legal Education’S Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain

NYLS Law Review

No abstract provided.

Legal Education In South Africa: Harmonizing The Aspirations Of Transformative Constitutionalism With Our Educational Legacy, Lesley Greenbaum

NYLS Law Review

No abstract provided.

How Should The South African Constitutional Court Approach Tensions Between Women’S Rights And Religious Rights?, Julia L. Ernst

NYLS Law Review

No abstract provided.

“The Advert Was Put Up Yesterday”: Public Participation In The Traditional Courts Bill Legislative Process, Thuto Thipe, Monica De Souza, Nolundi Luwaya

NYLS Law Review

No abstract provided.

Sieger Suarez Architectural Partnership, Inc. V. Arquitectonica International Corp., Elizabeth Stevens

NYLS Law Review

No abstract provided.