Law Commons^™

Do Black Lawyers Matter To The Legal Profession?: Applying An Antiracism Paradigm To Eliminate Barriers To Licensure For Future Black Lawyers, Deshun Harris

University of Florida Journal of Law & Public Policy

No abstract provided.

A New Standard For Right Of Publicity Protection For Statistics In The Era Of Daily Fantasy Sports And Legalized Sports Betting - A Critique Of Daniels V. Fanduel And A Revival Of An Economic-Based Rationale To Protect Athletes' Property Rights, Mark Conrad

Cardozo Arts & Entertainment Law Journal

The Indiana Supreme Court's unanimous decision in Daniels v. FanDuel, addressing whether the use of an athlete 's name and statistical information is subject to a right ofpublicity, has the potential to serve as a persuasive precedent-and formidable obstacle-in future sportsrelated legal matters. Specifically, in rejecting the plaintiff's claim, the court ruled that publicly available statistical information used in a daily fantasy sports game is protected speech under a statutory "newsworthy value" exemption found in the state's right of publicity law. The panel also determined that the use of athletes'names and images are protected as well. On the surface, …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 38, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Breaking With Convention: The Conceptual Failings Of Scènes À Faire, Robert Kirk Walker

Cardozo Arts & Entertainment Law Journal

According to the scenes a faire doctrine, the standard or stock elements in an expressive work cannot, by themselves, support a copyright infringement claim. Like the idea/expression dichotomy and the merger doctrine, scenes a faire is intended to limit the scope of what authors may claim as their exclusive property and, in doing so, to promote the continued health of the public domain. Just as you can't hold copyright in an idea, you also can't copyright a standard dramatic convention or literary device. However unlike its doctrinal siblings, scenes a faire has received little attention from legal scholars, and courts …

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 38 (2019-20)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Issues With The "Black Hole" Image And Their Legal Implications, Yahong Li

Cardozo Arts & Entertainment Law Journal

The release of the world'sfirst-ever black hole image generated an immediate copyright dispute and revealed multiple copyright issues that remain unsettled This Article argues that the black hole image should be left in the public domain without copyright protection for the following reasons: First, the image 's copyrightability and copyright ownership are too uncertain to warrant legal protection, making fair use and compulsory licensing largely irrelevant; second, the image is a work of worldwide significance that was created through broad international collaboration with substantial public funding, which strongly implies a public interest in access to the work; and third, a …

Dehumanization “Because Of Sex”: The Multiaxial Approach To The Title Vii Rights Of Sexual Minorities, Shirley Lin

Faculty Scholarship

No abstract provided.

Decommissioning Of Offshore Oil And Gas Facilities In The United States, Keith B. Hall

Journal Articles

No abstract provided.

Transaction Cost Economics & Maes: The Dealmaker's Crystal Ball, Christina M. Sautter

Journal Articles

No abstract provided.

Unintended Consequences For Reversing Rapprochement: Is The Us Government Liable For A Loss Of Us Property In Cuba?, David Kolansky

Vanderbilt Journal of Transnational Law

In 2014, the United States announced a historic reopening of ties with Cuba. This effort at rapprochement included restoring diplomatic relations and easing regulatory restrictions to facilitate greater business, trade, travel, and communication between the two nations. However, the US government's decision in 2017 to reverse course and reinstate the economic embargo against Cuba could result in significant legal and financial consequences for both US claimants who hold property in Cuba and the US government. One issue that arises is whether US corporations and individuals, who invested in property in Cuba following the Obama-era easing of restrictions, have a constitutional …

A Sinking World: A Model Framework For Climate Change Adaptation Measures In Coastal Cities, Emma Rose

Vanderbilt Journal of Transnational Law

Climate change has already begun wreaking havoc on coastal communities across the globe, including Miami, Venice, and the Philippines. Adaptation mechanisms may be the most powerful weapons these communities have to combat sea level rise and the other disastrous effects of a warming planet. However, these adaptation programs must fit within each nation's unique federal and local regulatory schemes. Additionally, when they are funded by the federal government or foreign sources, these communities may have to sacrifice some autonomy over their implementation. While adaptation strategies can be broken down into three primary modes--resistance, transformation, and retreat--the most effective combination of …

Venture Capital In China And India: Does Business Form Matter?, Lin Lin, Umakanth Varottil

Vanderbilt Journal of Transnational Law

This Article reevaluates the importance of business organizational forms with regard to venture capital funds by exploring two major Asian markets, China and India. Evidence suggests that the limited partnership is the leading business form among Chinese venture capital funds. On the other hand, Indian venture capital funds are predominantly organized as private noncharitable trusts. These findings challenge the orthodox view that the limited partnership is the preferred business form for venture capital funds. Instead, Indian venture capital funds have used the trust vehicle effectively and regard it as a functional equivalent to limited partnerships. This Article argues that the …

The Charming Betsy Canon, American Legal Doctrine, And The Global Rule Of Law, Justin Hughes

Vanderbilt Journal of Transnational Law

In the 1803 The Schooner Charming Betsy case, Chief Justice Marshall announced a canon of interpretation that "an act of Congress ought never to be construed to violate the laws of nations if any other possible construction remains." The Charming Betsy canon has become as venerable as its name is felicitous: as recently as 1988 the Supreme Court noted that the doctrine "has for so long been applied by this Court that it is beyond debate."

After exploring the traditional justifications for Charming Betsy, this Article proposes that the canon should be justified, not just by Congressional intent or separation …

Mozambican Illegal Debts: Testing The Odious Debt Doctrine, Mauro Megliani

Vanderbilt Journal of Transnational Law

In June 2019, the Constitutional Council of Mozambique delivered a judgment declaring a financial transaction arranged by the government in violation of the parliamentary prerogatives in budgetary matters unconstitutional. This was only the tip of an iceberg consisting of a series of transactions tainted with corruption. In the face of this illegality, many antidebt campaigners have invoked the application of the odious debt doctrine to block the enforcement of contractual claims and the availability of restitutionary remedies. Under the odious debt doctrine, a debt is odious if, in the awareness of the creditors, it is contracted without the consent of …

Mass Shootings, Legislative Responses, And Public Policy: An Endless Cycle Of Inaction, Jaclyn Schildkraut, Collin M. Carr

Emory Law Journal

Although mass shootings give rise to particularly visceral reactions and demands for action within the public sector, the corresponding response from legislators has failed to produce any meaningful change. With much of the discourse in the aftermath of these events centering on the polarized gun control-gun rights debate, two proposed solutions—assault weapons bans and universal background checks—often are at the forefront. Although varying by group and often higher immediately following a shooting, public support for these two proposals has yet to translate into legislative action. In this Article, we explore previous attempts by the federal government to regulate assault weapons …

Regulatory Malfunctions In The Drug Patent Ecosystem, Ana Santos Rutschman

Emory Law Journal

Patent protection for several of the world’s best-selling and most promising drugs—biologics—has begun waning. Over the next few years, many other drugs in this category will lose critical patent protection. In principle, this should open the United States market to competition, as more manufacturers are now able to produce relatively cheaper versions of these expensive drugs, known as biosimilars. That, however, has not been the case. This Article examines this problem in the context of the articulation between anticompetitive behaviors and regulatory interventions in the biopharmaceutical arena and argues for a novel solution: a timelier response provided by the U.S. …

Territorial Threat And Women’S Legislative Representation, Alice J. Kang, Nam Kyu Kim

Department of Political Science: Faculty Publications

Why do some countries have fewer women in parliament than do others? Recent studies find that women have less access to positions of political power in countries facing external threats. Exist-ing studies, however, do not differentiate between types of threat. We theorize that territorial threats are a particular driver of gender inequality in national parliaments. When a country’s land is under threat, people prefer having “tough” representatives in the national legislature who are competent on the military and defense moreso than when a country faces other threats. Moreo-ver, when countries face territorial threats, they build larger standing armies and adopt …

Dual Allegiance: Federal And State Treason Prosecutions, The Treason Clause, And The Fourteenth Amendment, Alexander Gouzoules

Faculty Publications

The Treason Clause creates an individual right at a criminal trial that could have logically been placed within the Fifth Amendment rather than Article III: “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.” It has effectively prevented expansive uses of the charge at the federal level. But states may also charge citizens with treason against state governments, and many such prosecutions have played important roles in American history.

This article reviews the parallel histories of state and federal treason prosecutions. It then analyzes …

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

I. Introduction

II. The Structure of Governance under International Space Law: The Problems

III. The Structure of Governance under International Space Law: The Solutions?

IV. Conclusion

Introduction

Outer space is widely considered to be something of a global commons, an international domain outside the jurisdiction of any country that “belongs to no state and is, in law, as such not subject to appropriation, though its resources are.” This is also reflected by key provisions of the 1967 Outer Space Treaty, the most comprehensive convention on outer space and space activities, notably that “[o]uter space, including the moon and other celestial …

J Mich Dent Assoc January 2020

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on "Preventing Pediatric Obesity: How the Dental Team Can Help”.
• “We Can Make a Difference in a Child’s Life”, a feature with a special message to MDA members from Suzanne Port, DDS, MS, president of the Michigan Academy of Pediatric Dentistry.
• A feature on “The Age-1 Visit: Time to Welcome Children into …

Air Ambulances And State Contract Claims: The Opening To Avoid Ada Preemption, John David Janicek

Journal of Air Law and Commerce

No abstract provided.

The Not So Friendly Skies: Pilots’ Attempt To Claim Employer Collusion With Rival Pilots Union During Collective Bargaining Fails In Beckington, Drew Baker

Journal of Air Law and Commerce

No abstract provided.

Minimum Wage Requirements: Seventh Circuit Perpetuates Employer-Friendly Flsa Interpretation, Ashley Jo Zaccagnini

Journal of Air Law and Commerce

No abstract provided.

The Ninth Circuit’S Left Hook: Criminal Venue In The Skies And Why Lozoya Hits The Mark, Christopher Thomson

Journal of Air Law and Commerce

No abstract provided.

Unfair Disclosure—Adopting A Limited Consultant Corollary For Foia’S Exemption 5 In Attorney Work–Product Cases Preserves Litigation Parity For Agencies Like The Faa, Ellen Smith Yost

Journal of Air Law and Commerce

No abstract provided.

Cruzan And Surrogate Decision-Making, David Orentlicher

SMU Law Review

No abstract provided.

Video Advance Directives: Growth And Benefits Of Audiovisual Recording, Thaddeus Mason Pope

SMU Law Review

No abstract provided.

Front Matter

SMU Law Review

No abstract provided.

Vicki Palacios—An Appreciation, C. Paul Rogers Iii

SMU Law Review

No abstract provided.

Up To Interpretation—Highlighting The Texas Supreme Court’S “Ambiguous” Approach To Statutory Construction, Kyle Gromann

SMU Law Review

No abstract provided.