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2017

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Articles 12601 - 12630 of 14017

Full-Text Articles in Law

Nsst 475: Security In The 21st Century—A Peer Review Of Teaching Project Benchmark Portfolio, Tyler R. White Jan 2017

Nsst 475: Security In The 21st Century—A Peer Review Of Teaching Project Benchmark Portfolio, Tyler R. White

UNL Faculty Course Portfolios

This benchmark course portfolio is the culmination of a year’s long planning and execution process to improve an existing capstone course NSST 475. This course has two goals: to teach students about subject matter and to expose them to structured analytic techniques (SATs) before they graduate. This course is a minor capstone which means that the students come from a diverse set of disciplinary backgrounds. I targeted two course objectives to examine for this project with the intention of employing backward course design to think through what students should be learning and how I can improve that process. This portfolio …


Law 658/G: Weibling Entrepreneurship Clinic—A Peer Review Of Teaching Project Benchmark Portfolio, Brett C. Stohs Jan 2017

Law 658/G: Weibling Entrepreneurship Clinic—A Peer Review Of Teaching Project Benchmark Portfolio, Brett C. Stohs

UNL Faculty Course Portfolios

This benchmark portfolio summarizes a study conducted by Professor Brett C. Stohs of students in the Weibling Entrepreneurship Clinic during the 2017 Spring semester. Specifically, the study sought to determine whether students who participate in the clinic develop their professional identities as soon-to-be lawyers. Using qualitative and quantitative measurements, the study determined that participating students do tend to develop their professional identities while in the clinic. This portfolio examines the extent of that development and identifies opportunities for continued course improvement.


Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson Jan 2017

Mega Sporting Events Procedures And Human Rights: Developing An Inclusive Framework, Abby Meaders Henderson

American Indian Law Review

No abstract provided.


Tribal Sovereignty And The Recognition Power, Lance F. Sorenson Jan 2017

Tribal Sovereignty And The Recognition Power, Lance F. Sorenson

American Indian Law Review

No abstract provided.


Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds Jan 2017

Twenty-Five Years Later: The Amendments To The National Historic Preservation Act And Tribal Consultation, Brody Hinds

American Indian Law Review

No abstract provided.


Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin Jan 2017

Foreign-Trade Zones In Indian County: Is A Foreign-Trade Zone Right For Your Tribe?, Jacob Laughlin

American Indian Law Review

No abstract provided.


Business Responsibilities For Human Rights And Climate Change - A Contribution To The Work Of The Study Group On Business And Human Rights Of The International Law Association, Sara L. Seck Jan 2017

Business Responsibilities For Human Rights And Climate Change - A Contribution To The Work Of The Study Group On Business And Human Rights Of The International Law Association, Sara L. Seck

Reports & Public Policy Documents

This contribution to the work of the International Law Association’s Study Group on Business and Human Rights considers the relationship between business responsibilities for human rights and climate change. While it is now widely accepted that the adverse effects of climate change undermine the enjoyment of human rights, and that businesses have a responsibility to respect human rights, the relationship between business responsibilities for human rights and climate change is unclear. This paper first considers state duties to protect human rights from climate change harms, including harms arising from business activities, and second, considers how the business responsibility to respect …


Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet, Abbey Stemler, Scott Shackelford, Eric Richards Jan 2017

Paris, Panels, And Protectionism: Matching Us Rhetoric With Reality To Save The Planet, Abbey Stemler, Scott Shackelford, Eric Richards

Vanderbilt Journal of Entertainment & Technology Law

US rhetoric has not matched reality in the free trade or sustainability contexts, as may be seen by the ongoing debates surrounding a range of behaviors that violate international trade rules. The US government's failure to adhere to the rules that it was instrumental in crafting sets a particularly troubling precedent. These trade distortions reduce trust and respect among countries and undermine efforts to combat climate change. Simultaneously, we are witnessing a growing preference for "minilateral" agreements, as may be seen in the Obama Administration's push for the Trans-Pacific Partnership and US-EU Trade Pact. This trend is likely to continue …


Taming The Internet Pitchfork Mob: Online Public Shaming, The Viral Media Age, And The Communications Decency Act, Kristine L. Gallardo Jan 2017

Taming The Internet Pitchfork Mob: Online Public Shaming, The Viral Media Age, And The Communications Decency Act, Kristine L. Gallardo

Vanderbilt Journal of Entertainment & Technology Law

Accompanying the explosive growth of the Internet, one lamentable trend is the rise of online public shaming. While online public shaming may positively incentivize individuals to modify their behavior in accordance with socially acceptable norms, there has also been the emergence of an online "pitchfork mob" that can have a real impact on individuals' livelihoods and overall well being. Due to the lack of legal remedies available to victims of certain types of online shaming, this Note suggests that web hosts are empowered by the expansive protections of the Communications Decency Act to develop and implement policies to curb the …


The Use Of Big Data Analytics By The Irs: Efficient Solutions Or The End Of Privacy As We Know It?, Kimberly A. Houser, Debra Sanders Jan 2017

The Use Of Big Data Analytics By The Irs: Efficient Solutions Or The End Of Privacy As We Know It?, Kimberly A. Houser, Debra Sanders

Vanderbilt Journal of Entertainment & Technology Law

This Article examines the privacy issues resulting from the IRS's big data analytics program as well as the potential violations of federal law. Although historically, the IRS chose tax returns to audit based on internal mathematical mistakes or mismatches with third party reports (such as W-2s), the IRS is now engaging in data mining of public and commercial data pools (including social media) and creating highly detailed profiles of taxpayers upon which to run data analytics. This Article argues that current IRS practices, mostly unknown to the general public are violating fair information practices. This lack of transparency and accountability …


The "Strict Liability" Of Direct Patent Infringement, Lynda J. Oswald Jan 2017

The "Strict Liability" Of Direct Patent Infringement, Lynda J. Oswald

Vanderbilt Journal of Entertainment & Technology Law

In 1995, the Federal Circuit summarily attached the label of "strict liability" to direct patent infringement, even though that term does not appear in any US Patent Act enacted in the past two centuries. The catechism of "strict" direct patent infringement liability is now so well engrained in patent doctrine that it is easy to lose sight of how recent the advent of this terminology is in the case law, and how troublesome application of this standard has proven, even to the Federal Circuit, which created it. The first Patent Act (1790) preceded the emergence of tort law as a …


Flagging The Middle Ground Of The Right To Be Forgotten: Combatting Old News With Search Engine Flags, Hannah L. Cook Jan 2017

Flagging The Middle Ground Of The Right To Be Forgotten: Combatting Old News With Search Engine Flags, Hannah L. Cook

Vanderbilt Journal of Entertainment & Technology Law

Incomplete and outdated news articles present an increasing problem for individuals who find themselves stigmatized on the basis of truthful but misleading reports. This Article proposes a moderate solution between the European right to be forgotten and the protectionless status quo in the United States. It proposes a flagging system, administered through Federal Trade Commission adjudications, where links to articles whose private harms outweigh their public benefits are flagged in the search results of an individual. This flag will help combat psychological biases that may cause decisionmakers to place an irrational weight on these articles while preserving the ability of …


Evaluating Market Reactions To Non-Practicing Entity Litigation, Emiliano Giudici, Justin Blount Jan 2017

Evaluating Market Reactions To Non-Practicing Entity Litigation, Emiliano Giudici, Justin Blount

Vanderbilt Journal of Entertainment & Technology Law

An ongoing debate in patent law involves the role "non-practicing entities," sometimes called "patent trolls," serve in the patent system. Some argue they serve as valuable market intermediaries, while others contend they are a drain on innovation and an impediment to a well-functioning patent system. This Article adds to the data available in this debate by conducting an event study that analyzes the market reaction to patent litigation filed by large "mass aggregator" non-practicing entities against large publicly traded companies. This study advances the literature by attempting to reproduce the results of previous event studies done in this area with …


Federalism And Federalization On The Fintech Frontier, Brian Knight Jan 2017

Federalism And Federalization On The Fintech Frontier, Brian Knight

Vanderbilt Journal of Entertainment & Technology Law

The rise of financial technology (fintech) has the potential to provide better-quality financial services to more people. Although these enhanced financial services have arisen in order to meet consumer need, their regulatory status threatens that progress. Many fintech firms are regulated on a state-by-state basis even though their transactions are interstate, and they compete with firms that enjoy more consistent rules through federal preemption. This dynamic can harm efficiency, competitive equity, and political equity. This Article examines developments in marketplace lending, money transmission, and online sales of securities in an attempt to identify situations in which greater federalization of the …


Free Speech Or Slavery Profiteering?: Solutions For Policing Online Sex--Trafficking Advertisement, Marguerite A. O'Brien Jan 2017

Free Speech Or Slavery Profiteering?: Solutions For Policing Online Sex--Trafficking Advertisement, Marguerite A. O'Brien

Vanderbilt Journal of Entertainment & Technology Law

Online sex trafficking is big business. The Department of Homeland Security estimates that sex trafficking generates billions of dollars per year. The marketplace for sex has moved from the street corner to classified ad websites such as Backpage.com, and all too often the victims of online sex trafficking are minors. The National Center for Missing and Exploited Children reported an 846 percent increase in reports of child sexual exploitation between 2010 and 2015--growth the organization attributes to the availability of sex ads on websites such as Backpage.com. Law enforcement agencies and victims have sought to hold Backpage.com liable for facilitating …


Following Footsteps: How Federal District Court Jurisprudence Protects Health Data In The Workplace, J. T. Parisi Jan 2017

Following Footsteps: How Federal District Court Jurisprudence Protects Health Data In The Workplace, J. T. Parisi

Vanderbilt Journal of Entertainment & Technology Law

With the growing popularity of fitness tracking technology, employers have started to provide their employees with fitness tracking devices in order to obtain a subsidy on employer group health plans. Access to this data creates an opportunity to abuse the data by using it when making employment decisions. This Note analyzes how the current legal framework does not adequately protect the data and employees. The solution suggests using a recent case to provide the Equal Employment Opportunity Commission with authority to regulate employers' use of the health data until adequate privacy and data security laws can address the problem.


Legal Education In The Blockchain Revolution, Mark Fenwick, Wulf A. Kaal, Erik P.M. Vermeulen Jan 2017

Legal Education In The Blockchain Revolution, Mark Fenwick, Wulf A. Kaal, Erik P.M. Vermeulen

Vanderbilt Journal of Entertainment & Technology Law

The legal profession is one of the most disrupted sectors of the consulting industry today. The rise of Legal Technology, artificial intelligence, big data, machine learning, and, most importantly, blockchain technology is changing the practice of law. The sharing economy and platform companies challenge many of the traditional assumptions, doctrines, and concepts of law and governance--requiring litigators, judges, and regulators to adapt. Lawyers need to be equipped with the necessary skill sets to operate effectively in the new world of disruptive innovation in law. A more creative and innovative approach to educating lawyers for the twenty-first century is needed.


The Non-Recording, Non-Artist" Recording Artist": Expanding The Recording Artist's Brand Into Non-Music Arenas, Suzanne Kessler Jan 2017

The Non-Recording, Non-Artist" Recording Artist": Expanding The Recording Artist's Brand Into Non-Music Arenas, Suzanne Kessler

Vanderbilt Journal of Entertainment & Technology Law

The changing nature of the music business presents earnings challenges for both record labels and recording artists. Historically, labels and artists entered into recording contracts pursuant to which the artists created music which the labels funded, distributed, marketed, and promoted. Many artists made good livings from music sales, earning dollars per album, while the labels profited even more. However, as digital delivery, especially streaming, now supplants physical records as the primary music consumption manner, the money that labels and artists realize from music sales has significantly decreased. In particular, artists earn fractions of pennies per track streamed. Labels, too, are …


Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward Jan 2017

Ancillary Agreements In Real Estate Transactions, Andrew R. Berman, Barry Hines, Everett Ward

Other Publications

This article discusses certain ancillary but important documents in the context of two common real estate transactions: mortgage loan financings and acquisitions of income-producing real estate. In particular, the article analyzes current case law and drafting considerations relating to estoppel certificates, certified rent rolls and subordination, non-disturbance agreements (SNDAs). In addition, the article examines due diligence issues for the lender and buyer. Note: This article was co-authored with Barry Hines, Partner, Frost, Brown, Todd LLC and Everett Ward, Partner, Quarrels & Brady LLP and initially presented at the Spring Meeting of the American College of Real Estate Lawyers (ACREL).


Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow Jan 2017

Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow

Other Publications

Several research institutions are embroiled in a legal dispute over the foundational patent rights to CRISPR-Cas9 gene-editing technology, and it may take years for their competing claims to be resolved. But even before ownership of the patents is finalized, the institutions behind CRISPR have wasted no time capitalizing on the huge market for this groundbreaking technology by entering into a series of licensing agreements with commercial enterprises. With respect to the potentially lucrative market for human therapeutics and treatments, each of the key CRISPR patent holders has granted exclusive rights to a spinoff or "surrogate" company formed by the institution …


How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard Jan 2017

How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard

Other Publications

No abstract provided.


Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky Jan 2017

Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky

Other Publications

No abstract provided.


Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard Jan 2017

Ten Federal Judges Have Now Rejected Trump’S Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic, Jacob S. Sherkow Jan 2017

Key Challenges In Bringing Crispr-Mediated Somatic Cell Therapy Into The Clinic, Jacob S. Sherkow

Other Publications

Genome editing using clustered regularly interspersed short palindromic repeats (CRISPR) and CRISPR-associated proteins offers the potential to facilitate safe and effective treatment of genetic diseases refractory to other types of intervention. Here, we identify some of the major challenges for clinicians, regulators, and human research ethics committees in the clinical translation of CRISPR-mediated somatic cell therapy.


Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard Jan 2017

Us Judge Smacks Down Trump Transgender Military Ban, Arthur S. Leonard

Other Publications

No abstract provided.


Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard Jan 2017

Trans Enlistees Can Sign Up January 1, Judge Rules, Arthur S. Leonard

Other Publications

No abstract provided.


Blocking The Courts: The Trump Triple Threat, Joanne Doroshow Jan 2017

Blocking The Courts: The Trump Triple Threat, Joanne Doroshow

Other Publications

No abstract provided.


Forced Arbitration’S Lethal Consequence, Joanne Doroshow Jan 2017

Forced Arbitration’S Lethal Consequence, Joanne Doroshow

Other Publications

No abstract provided.


Intended Parents Win Custody In Surrogacy Dispute, Arthur S. Leonard Jan 2017

Intended Parents Win Custody In Surrogacy Dispute, Arthur S. Leonard

Other Publications

No abstract provided.


Medical Malpractice And The Mind-Blowing Hypocrisy Of Obamacare Repeal, Joanne Doroshow Jan 2017

Medical Malpractice And The Mind-Blowing Hypocrisy Of Obamacare Repeal, Joanne Doroshow

Other Publications

No abstract provided.