Law Commons^™

The Final Rule (For Now) On Archival Efforts For Old Online Games, Joshua Hall

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Every three years the United States Copyright Office holds a triennial rule-making proceeding where it hears from stakeholder groups so that it can make recommendations for the Librarian of Congress. The Librarian then reviews, renews, and implements new exemptions to 17 U.S.C. § 1201. 17 U.S.C. § 1201 forbids the circumvention of technological measures which are used to prevent unauthorized access to copyrighted works. These exemptions take many different forms and have many different goals. Some are focused on issues like allowing disabled users to implement assistive software in E-books, while others are focused on issues like allowing consumers to …

One Of These Things Is Not Like The Other: Science Vs. The Senate, Maeve Godshalk

D.U.Quark

No abstract provided.

October 30, 2018: Executing Robert Bowers, Bruce Ledewitz

Hallowed Secularism

Blog post, “Executing Robert Bowers“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

A Genealogy Of Programmatic Stop And Frisk: The Discourse-To-Practice-Circuit, Frank Rudy Cooper

University of Miami Law Review

President Trump has called for increased use of the recently predominant policing methodology known as programmatic stop and frisk. This Article contributes to the field by identifying, defining, and discussing five key components of the practice: (1) administratively dictated (2) pervasive Terry v. Ohio stops and frisks (3) aimed at crime prevention by means of (4) data-enhanced profiles of suspects that (5) target young racial minority men.

Whereas some scholars see programmatic stop and frisk as solely the product of individual police officer bias, this Article argues for understanding how we arrived at specific police practices by analyzing three levels …

Tax Reform On Homeownership, Margaret Ryznar

University of Miami Law Review

The 2017 tax reform, by curtailing the deductions for mortgage interest and state and local taxes, frustrates the American public policy of encouraging homeownership. Yet, there are many reasons that public policy has encouraged homeownership for decades. Most importantly, homeownership is an important savings tool for Americans—and tax reform should be mindful of it.

Mitochondrial Replacement Therapy: How A Government For The People, Failed The People, Jeffery Mark Sauer

University of Miami Law Review

Despite having the potential to significantly reduce the passage of many lethal diseases and devastating birth defects, mitochondrial replacement therapy—a controversial medical procedure in which mitochondrial RNA from a healthy female replaces the mitochondrial RNA from the intended mother in vitro—will have no place in the United States anytime soon. Under the guise of purported safety concerns and ethical dilemmas, the Republican Congress used its “power of the purse” to halt any and all research furthering mitochondrial replacement therapy, notwithstanding the fact that many leaders in the medical community have advocated for further research. Several developed countries have already implemented …

After Life: Governmental Interests And The New Antiabortion Incrementalism, Mary Ziegler

University of Miami Law Review

In the aftermath of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt, commentators have focused on the effect of antiabortion restrictions. But as this Article shows, Whole Woman’s Health is part of the story of an equally important tactic used by those chipping away at abortion rights: the recognition of new governmental interests justifying abortion regulations. Using original archival research, this Article traces the rise of this strategy and documents its influence on Supreme Court doctrine, making sense of what seem to be contradictory rulings on abortion.

How should courts deal with novel legislative purposes or broader …

Federalism, Convergence, And Divergence In Constitutional Property, Gerald S. Dickinson

University of Miami Law Review

Federal law exerts a gravitational force on state actors, resulting in widespread conformity to federal law and doctrine at the state level. This has been well recognized in the literature, but scholars have paid little attention to this phenomenon in the context of constitutional property. Traditionally, state takings jurisprudence—in both eminent domain and regulatory takings—has strongly gravitated towards the Supreme Court’s takings doctrine. This long history of federal-state convergence, however, was disrupted by the Court’s controversial public use decision in Kelo v. City of New London. In the wake of Kelo, states resisted the Court’s validation of the …

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump that you—and …

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to …

Energy For Metropolis, Nadia B. Ahmad

University of Miami Law Review

Throughout the past decade, municipal governments have steadily increased climate change adaptation measures, natural resource conservation programs, and clean energy initiatives. Through energy efficiency measures and renewable energy mandates, cities are poised to make significant impacts in the reduction of greenhouse gas emissions and the mitigation of climate risks in the clean energy transition. This Article addresses municipal directives of advanced biofuels as an integral part of the clean energy transition. Existing laws and policies have critical design flaws. Specifically, the Renewable Fuel Standard (“RFS”) has proven to be burdensome and complex, producing more unintended consequences than desired outcomes. Problems …

Perceptions, Knowledge And Experiences Among Police Officers: Traffic Stops, Vehicle Searches And K-9 Involvement, Daniel Ozment

Master of Science in Criminal Justice Theses & (Pre-2016) Policy Research Projects

This survey study explores the perceptions, knowledge and experiences of police “line” officers concerning Fourth Amendment search and seizure norms and applications during traffic stops and vehicles searches, in particular police use of canine units following the landmark United States Supreme Court decision of Rodriguez v. United States. In particular, the study examines issues surrounding the length and scope of a traffic stop by police, including stops with canine involvement. Finally, the study includes an analysis of how federal courts of appeal and Georgia courts have interpreted the Rodriguez decision.

Data Indicate Second Amendment Underenforcement, David Kopel

Duke Law Journal Online

No abstract provided.

Mmu: 10/29/18–11/04/18, Student Bar Association

Monday Morning Update

REMINDER - How to submit to the MMU

Mass Schedule

Announcement - Weekly Bible Study

FOLLOW THE CROSSINGS CAFE

St. Vincent DePaul Society of St. Joseph County fundraiser at Kroger!

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INVITATION TO ALL NDLS STUDENT GROUPS

Health & Wellness Information

This Week @ NDLS

1L OF THE WEEK: Becca Pronesti

Vol. 55, No. 10 (October 29, 2018)

Indiana Law Annotated

No abstract provided.

Week Of October 29, 2018 - November 2, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Black Law Students Association (BLSA)
• Cardozo Art Law Society
• Cardozo FAME Center
• Cardozo Fashion Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Minority Law Student Association (MLSA)
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Heyman Center on Corporate Law and Governance
• Indie Film Clinic
• Intellectual Property Law Society (IPLS)
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)
• New York Democratic Lawyers Council

Lawclinics@50: 50 Years Of Clinical Legal Education At Georgia Law, Alex Scherr

Scholarly Works

Director of the Veterans Legal Clinic Alex Scherr penned this blog post announcing the LawClinics@50 celebration plans as well as the collaboration with the Georgia Law Review Online platform and sharing the first in a series of articles related to the fiftieth anniversary of legal clinical education at the School of Law.

Public Or Private Venture Capital?, Darian M. Ibrahim

Popular Media

No abstract provided.

Practice-Based Research Networks Ceding To A Single Institutional Review Board, Jeanette M. Daly, Tabria Weiner Harrod, Kate Judge, Leann C. Michaels, Barcey T. Levy, David L. Hahn, Lyle J. Fagnan, Donald E. Nease Jr.

Journal of Patient-Centered Research and Reviews

Historically, a single research project involving numerous practice-based research networks (PBRNs) required multiple institutional review boards (IRBs) to be involved in approval of the project. However, to avoid redundancies, federal IRB regulations now allow cooperative research projects that involve more than one institution to use reasonable methods of cooperative IRB review and to cede authority for review and oversight of the project to a single lead IRB. Through ceding, a lead IRB has the authority for review and oversight of the project delegated by all participating sites’ IRBs and becomes the IRB of record for the ceded sites. In the …

50 Years Of Clinical And Experiential Learning At Georgia Law, Eleanor Lanier

Scholarly Works

This note serves as an introduction of the partnership between the Georgia Law Review Online Platform and the School of Law's Clinical Programs and Experiential Learning faculty to celebrate the fiftieth anniversary of clinical legal education at the University of Georgia's law school. It provides a brief history of the program beginnings in 1967 and discusses the program expansions to present which reached a total of 18 different options when the note was published.

Appeal No. 0907: Donald E. Wood, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2015-345 (Financial Assurance)

International Taxation In An Era Of Digital Disruption: Analyzing The Current Debate, Itai Grinberg

Georgetown Law Faculty Publications and Other Works

The “taxation of the digital economy” is currently at the top of the global international tax policymaking agenda. A core claim some European governments are advancing is that user data or user participation in the digital economy justifies a gross tax on digital receipts, new profit attribution criteria, or a special formulary apportionment factor in a future formulary regime targeted specifically at the “digital economy.” Just a couple years ago the OECD undertook an evaluation of whether the digital economy can (or should) be “ring-fenced” as part of the BEPS project, and concluded that it neither can be nor should …

October 28, 2018: The Shootings In Pittsburgh, Bruce Ledewitz

Hallowed Secularism

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

Help Wanted: What Do Netflix’S Talent Acquisition Practices Mean For The Future Of Fixed-Term Employment Contracts?, Abigail Vapnyar

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

When it comes to succeeding in the entertainment and technology industries, “the talent” employed by a company can be just as critical as market share or customers. A 2017 study, which focuses on internal and external employee transitions in the tech industry, draws attention to the fact that the shifting of employees between companies plays a vital role in staying ahead of the competition. According to the study, Netflix is particularly invested in creating a top-notch workforce, spending ten times more on acquiring new talent than any other corporation in the study. While Netflix’s determination to build the best team …

Trial Of Young Adults And Sanctions Against Them, Albulena U. Ukimeraj

UBT International Conference

The juvenile delinquency issue is also regulated by the Kosovo legislation, respectively with the Juvenile Justice Code. This Code, also addresses the issue of adjudication of young adults. To these category, a special and more favorable status is been recognized comparing to the older persons in criminal procedure conducted against them, because of their different personality features and their different reaction in specific situations. The possibility to pronounce soft sanctions on the young adults is also well covered by other social sciences such as criminology, psychology, criminal law, criminal procedure law and it is claimed that the purpose of criminal …

Aspects Of Land Privatization Process In Albania, Ilda (Kovaci) Melo, Zhaklina Peto

UBT International Conference

Land is one of the main categories of immovable property and as such the legal regulation of land relations always has been of particular importance. The 90-s brought important economical, political and social changes in Albania. These changes led to important legal reforms on land regime. One of them is the privatization process In this paper we intend to give a general overview of the privatization process undertaken in Albania, as a result of the political and social economic changes that Albania encountered after the 90s, evidencing both the positive and negative consequences that brought the implementation of land privatization …

Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper

Journal of Intellectual Property Law

No abstract provided.

Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow

Journal of Intellectual Property Law

No abstract provided.

Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson

Journal of Intellectual Property Law

No abstract provided.

Getting Patent Preemption Right, Camilla A. Hrdy

Journal of Intellectual Property Law

No abstract provided.