Law Commons^™

Wisconsin Must Cover Employee Transition Costs, Arthur S. Leonard

Other Publications

No abstract provided.

Us Court Orders Gender-Neutral Passport, Arthur S. Leonard

Other Publications

No abstract provided.

Outlook For The New Supreme Court Term, Arthur S. Leonard

Other Publications

No abstract provided.

Les Demoiselles D'Avignon: Painting Prostitution, Delineating Law, Shulamit Almog

Cardozo Arts & Entertainment Law Journal

No abstract provided.

All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court's Perceived And Imagined Separately Test, David E. Shipley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ride Oversharing: Privacy Regulation Within The Gig Economy, Casey Thomas

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Creating A More Permissive Patentability Standard Under Language From The Tpp, Ryan Thorne

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 36, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Safe Harbors And The Evolution Of Online Platform Markets: An Economic Analysis, T. Randolph Beard, George S. Ford, Michael Stern

Cardozo Arts & Entertainment Law Journal

When a pirated version of a copyrighted work is shared over the Internet, many online intermediaries may participate, exposing these firms to liability through legal concepts such as direct, contributory and vicarious infringement. Safe harbors largely shield intermediaries from "crippling liability" in return for cooperative action on infringing materials. Yet, digital piracy remains a problem. In this paper, we offer a simple economic model of safe harbor protection, demonstrating that de minimis liability for these platforms promotes infringing platforms to the detriment of responsible ones. Increasing the risk of liability for infringement results in a "separating equilibrium," with one platform …

To Filter Or Not To Filter? That Is The Question In Eu Copyright Reform, Giancarlo Frosio

Cardozo Arts & Entertainment Law Journal

This article discusses the proposed introduction in EU law of an obligation for hosting providers to conclude licencing agreements with copyright holders and ensure they are taking effective technological measures, such as Content ID technologies, to prevent copyright infringement on online platforms. This proposal is included in Article 13 and accompanying Recitals of the European Commission's Draft Directive on Copyright in the Digital Single Market of September 14, 2016, which forms an important part of the ongoing EU copyright reform. This article highlights the shortcomings of this proposed reform, which may fall short in terms of clarity, consistency with the …

Valorizing Disobedience Within The Ranks: Law And Resistance In American Military Film, Amar Khoday

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why The Bridgeport Rule For Infringement Of Sound Recordings Is No Longer 'Vogue', Jessica Mauceri

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Ownership Of University Intellectual Property, Jon M. Garon

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Digital Publishing: Three Futures (And How To Get There), Stephen M. Maurer

Cardozo Arts & Entertainment Law Journal

The usual assumption that copyright rewards creativity is afiction. In practice, most authors earn very little compared to their publishers. This article asks what services, if any, publishers supply to justify these payments. We argue that the only reasonable candidate is search, i.e. finding worthwhile titles among the million or so books written each year.

For most of the 20th Century, there was just one search technology: Human judgment. This led to a complex ecosystem of editors, bookstore owners, reviewers and other middlemen. The difference in the 21s' Century is the emergence of a second technology- "Big Data"-that could make …

Final Report Of The Berkeley Center For Law & Technology Section 101 Workshop: Addressing Patent Eligibility Challenges, Jeffrey Lefstin, Peter Menell, David O. Taylor

Faculty Journal Articles and Book Chapters

Over the past five years, the Supreme Court has embarked upon a drastic and far-reaching experiment in patent eligibility standards. Since the founding era, the nation’s patent statutes have afforded patent protection to technological innovations and practical applications of scientific discoveries. However, the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories imposed a new limitation on the scope of the patent system: a useful application of a scientific discovery is ineligible for patent protection unless the inventor also claims an “inventive” application of the discovery. The following year, the Court ruled that discoveries of the location and …

The Litigation Privilege As A Shelter For Miscreant Legal Counsel, Marc I. Steinberg, Logan J. Weissler

Faculty Journal Articles and Book Chapters

This article focuses on a pressing issue of national importance related to attorney conduct (or misconduct). The Litigation Privilege is a long-recognized immunity fashioned for attorneys to enable them to perform their functions as zealous advocates and litigators, without having to consider prospective non-client lawsuits aimed at their conduct in the course of representation. However, recent case law purports to expand the Litigation Privilege outside of its traditional contexts, posing a nationwide threat to attorney ethical standards. Broad readings of what sorts of legal assistance constitute “litigation” for the purposes of the application of the Litigation Privilege have recently been …

Are The Right People Being Punished For The Russian Doping Scandal?, Robert Blecker

Other Publications

No abstract provided.

Sare Manipulation: The Hurdles In Single-Asset Real Estate Cases, David R. Hague

Faculty Articles

Under § 1129(a)(10) of the Bankruptcy Code, a debtor's plan of reorganization cannot be confirmed unless at least one "impaired class" accepts the plan, excluding acceptance of any insider of the debtor. A class of claims accepts the plan if more than one-half in number and at least two-thirds in amount of claims voting in a class favor the plan. Thus, a debtor's composition of its classes clearly has a substantial impact upon its chances of successfully confirming its plan of reorganization over dissenting creditors. Obviously, the debtor would like to have unfettered power and full discretion to group creditors …

A Private Law Court In A Public Law System, Jamal Greene

Faculty Scholarship

The U.S. Supreme Court’s approach to human rights is a global outlier. In conceiving of rights adjudication in categorical terms rather than embracing proportionality analysis, the Court limits its ability to make the kinds of qualitative judgments about rights application required to adjudicate claims of disparate impact, social and economic rights, and horizontal effects, among others. This approach, derivative of a private-law model of dispute resolution, sits in tension with the rights claims typical of a pluralistic jurisdiction with a mature rights culture, in which litigants more often disagree, reasonably, about the scope of rights rather than deny that others …

Women Of Color And Health: Issues And Solutions, June Cross, Nia Weeks, Kristen Underhill, Chloe Bootstaylor

Faculty Scholarship

Chloe Bootstaylor: Welcome to our second panel. This panel focuses on women of color in health, issues, and solutions. The session is inspired by Professor June Cross of the Columbia School of Journalism and her recent film, Wilhemina’s War, which follows the story of Wilhemina Dixon and depicts the obstacles that Americans with HIV/AIDS face in accessing not only adequate healthcare but also financial, infrastructural, and social support in their communities.

This panel will consist of Professor Underhill and Nia Weeks. June Cross will join us a little later on. We will start with a clip from her film, …

The Ideological Roots Of America's Market Power Problem, Lina M. Khan

Faculty Scholarship

Mounting research shows that America has a market power problem. In sectors ranging from airlines and poultry to eyeglasses and semiconductors, just a handful of companies dominate. The decline in competition is so consistent across markets that excessive concentration and undue market power now look to be not an isolated issue but rather a systemic feature of America’s political economy. This is troubling because monopolies and oligopolies produce a host of harms. They depress wages and salaries, raise consumer costs, block entrepreneurship, stunt investment, retard innovation, and render supply chains and complex systems highly fragile. Dominant firms’ economic power allows …

Can Restitution Save Fragile Spiderless Networks?, Ariel Porat, Robert E. Scott

Faculty Scholarship

This Article examines the dramatic increase in business networks in recent decades and considers whether the law can play a useful role in supporting the efficient functioning of these inter-firm relationships for coordination and cooperation. Repeat play, reputational sanctions, and norms of trust and reciprocity are the common explanations for the flourishing of networks in many industries and places. But the evidence also shows that a certain class of networks often fails to survive or function effectively and beneficial cooperation among these network members is impaired. These fragile networks develop organically without a controlling party or hierarchy at the center …

The Search For An Egalitarian First Amendment, Jeremy K. Kessler, David E. Pozen

Faculty Scholarship

Over the past decade, the Roberts Court has handed down a series of rulings that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation – generating widespread accusations that the Court has created a "new Lochner." This introduction to the Columbia Law Review's Symposium on Free Expression in an Age of Inequality takes up three questions raised by these developments: Why has First Amendment law become such a prominent site for struggles over socioeconomic inequality? Does the First Amendment tradition contain egalitarian elements that could be recovered? And what might a …

Masthead

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

In Honor Of Beth Mobley, Michael J. Borger

Touro Law Review

No abstract provided.

Cardozo, Andrew L. Kaufman

Touro Law Review

No abstract provided.

The Uncertainty Of Sun Printing, George M. Cohen

Touro Law Review

No abstract provided.

Benjamin Cardozo And The Death Of The Common Law, John C. P. Goldberg

Touro Law Review

No abstract provided.

The Nature Of The Judicial Process: The Enduring Significance Of A Legal Classic, Joel K. Goldstein

Touro Law Review

No abstract provided.