Law Commons^™

From 'Wonderful Grandeur' To 'Awful Things': What The Antiquities Act And National Monuments Reveal About The Statue Statutes And Confederate Monuments, Zachary Bray

Kentucky Law Journal

No abstract provided.

Sororities As Confederate Monuments, Stephen Clowney

Kentucky Law Journal

No abstract provided.

Written In Stone: The Meaning Of Public Monuments And Whether They Remain Or Go, Sanford Levinson

Kentucky Law Journal

No abstract provided.

What Is "Government" "Speech"? The Case Of Confederate Monuments, Richard C. Schragger

Kentucky Law Journal

No abstract provided.

Confederate Monuments As Badges Of Slavery, Alexander Tsesis

Kentucky Law Journal

No abstract provided.

Why Use A Hammer When A Scalpel Will Do? Suggestions For Fairer Juvenile Plea Bargaining In Kentucky, Aaron Wallace Meek

Kentucky Law Journal

No abstract provided.

Should Employers Have The Ability To Enforce Non-Compete Agreements Without Also Offering A Written Employment Contract?, Rowan Reid

Kentucky Law Journal

No abstract provided.

Choice Of Law In Kentucky Updated, John R. Leathers

Kentucky Law Journal

No abstract provided.

Hyperreal: Law And The Interpretation Of Visual Media, Amy L. Landers

Kentucky Law Journal

No abstract provided.

Up In The Air: Venue Must Remain Grounded In The Constitution, Jameson L. Gay

Kentucky Law Journal

No abstract provided.

I'D Be Better Off In A Pine Box: Analyzing Kentucky's Funeral Planning Declaration Act As A Model For Uniform Legislation, J. Conner Niceley

Kentucky Law Journal

No abstract provided.

The Freedom Of Speech-Conduct, John Fee

Kentucky Law Journal

No abstract provided.

The Army's G-Rap Fiasco: How The Lives And Careers Of Hundreds Of Innocent Soldiers Were Destroyed, Jeffrey F. Addicott

Faculty Articles

The purpose of this article is three-fold. First, this article seeks to explore the legal and policy ramifications of the CID's multi-year criminal investigation, which targeted vast numbers of innocent Army National Guard and Army Reserve personnel for alleged criminality as contract employees in the G-RAP or AR-RAP.

Second, this article aims to highlight the CID's longstanding practice referred to as "titling"-of refusing to delete from their system of records those individuals that are subsequently cleared of any wrongdoing by their commands. This highly dubious administrative practice was particularly devastating to the hundreds of innocent and fully exonerated participants in …

Loopholes For The Affluent Bankrupt, David R. Hague

Faculty Articles

Recent bankruptcy cases are exposing a problem. Affluent individuals filing for bankruptcy are treated more favorably under the Bankruptcy Code than those debtors with little to no means of financial sustenance or income. Did Congress intend this result? The legislative history is unclear. But one thing seems certain: The United States Bankruptcy Code contains a set of loopholes that appear to be designed for the well-to-do segment of society. Courts throughout the United States are either overlooking these provisions or simply condoning their utilization under the defensible conviction that the Bankruptcy Code permits it.

In this Article, I argue that …

There Oughta Be A Law: What Corporate Social Responsibility Can Trach Us About Consumer Contract Formation, Colin P. Marks

Faculty Articles

The Restatement of Consumer Contracts has been a controversial project since its inception. Some have argued that the project is unnecessary as there is no separate law of consumer contracts. Others have argued that the project is more appropriate for a Principles of Law project than for a Restatement. Substantively, the project has also drawn criticism from both consumer and business advocates. Consumer advocates have argued that some of the sections, in particular section 2 which addresses standard terms, favor businesses and subject consumers to terms and conditions that they never truly assented to.9 Business advocates have argued, among other …

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 38, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Current Application Of The Myriad And Mayo/Alice Rulings On Patent Eligibility: Inconsistent Results And Contradistinguishing Biotechnology Products, Skye Cho

Cardozo Arts & Entertainment Law Journal

The note examines the inconsistent application of the patent eligibility framework under Section 101 of the Patent Act, particularly in biotechnology. It argues that despite efforts by the USPTO to clarify the framework through memos and examples, courts have applied it inconsistently, leading to discrimination against biotechnology products. The analysis focuses on key Supreme Court decisions, such as Myriad Genetics and Mayo, and their impact on the patent eligibility of biotechnological innovations. The note highlights the need for clearer guidance to ensure consistent outcomes and fair treatment of biotechnological inventions.

Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin

Cardozo Arts & Entertainment Law Journal

The note examines the transformative impact of digital platforms on traditional media and the legal challenges arising from this shift, advocating for updated regulations to ensure accessibility, fairness, and public interest. It argues that the rapid evolution of technology has outpaced regulatory frameworks, necessitating reforms to address media consolidation, accessibility for individuals with disabilities, and the role of the FCC in overseeing new media platforms.

Where Victims Of Data Breach Stand: Why The Breach Of Personally Identifying Information Should Be Federally Codified As Sufficient Standing For Data Breach Causes Of Action, Gabriela Nastasi

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Patent Fraud By Design, Mordechay Sorek, Miriam Marcowitz-Bitton, Yotam Kaplan

Cardozo Arts & Entertainment Law Journal

Patent law is supposed to offer property-right protection to inventors in order to promote and incentivize innovation. Yet current patent law doctrine effectively incentivizes patentees to defraud the patent office, allowing them to secure undeserved legal protection. What is worse, once such protection is fraudulently obtained, patentees can use it to stop downstream innovation, harm competitors, and charge supracompetitive prices to consumers. The current patent system generates all of these harms because it offers strong legal protection while failing to impose equally strong sanctions against those who attempt to abuse it. Indeed, the current system rarely sanctions patentees who have …

Patenting Fast And Slow: Examiner And Applicant Use Of Prior Art, Shine Sean Tu

Cardozo Arts & Entertainment Law Journal

Previous studies have shown that an applicant's ability to obtain a patent is inexorably linked to the random assignment of a patent examiner.1 However, not all patent examiners are created equal. Some patent examiners allow patent applications quickly within just one or two Office Actions, resulting in only a few months of substantive patent prosecution. In contrast, other patent examiners constantly reject patents applications, which can result in unnecessarily delaying prosecution and years of substantive patent prosecution. This study focuses on how different examiners use prior art rejections to prolong or compact prosecution.

Prior art rejections are one of the …

Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 38, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Tonal Concept And Feel, Joseph P. Fishman

Cardozo Arts & Entertainment Law Journal

The article challenges the notion that the "total concept and feel" test is a primary driver of expanding copyright liability in music infringement cases. It argues that while this test is often criticized for its subjectivity, it is not the main culprit behind the perceived expansion of copyright protection. Instead, the complexity of expert analysis and the increasing number of musical elements considered in infringement claims—such as harmony, rhythm, and timbre—play a more significant role in shaping outcomes. The author contends that the test is less problematic than often portrayed and that efforts to reform copyright doctrine should focus on …

Transforming “Total Concept And Feel”; Dialogic Creativity And Copyright’S Substantial Similarity Doctrine, Carys J. Craig

Cardozo Arts & Entertainment Law Journal

Copyright infringement doctrine currently overprotects copyright owners against the perceived wrong of copying, failing to adequately countenance copying as an essential part of the authorial creative process. Drawing on existing infringement doctrine in the United States and Canada, this Article will offer an interpretation of "substantial similarity" that opens up (or at least better safeguards) space for creative copying that is to say, copying that substantially transforms the original copied work and, in doing so, advances the public interest goals of the copyright system. Part I lays the groundwork by briefly presenting a dialogic vision of authorship that complicates conventional …

The Legal Recognition Of Electronic Bills Of Lading, Ali Abbas Khayoon Al-Naseri

World Maritime University Ph.D. Dissertations

The increasing use of electronic devices, new means of communication and Internet affects many areas of life, including trade and transportation. One effect is the dematerialization of bills of lading. Paper bills of lading have traditionally performed three main functions in maritime transportation: (1) as a receipt for the goods, (2) as containing or evidencing the contract of carriage of goods and (3) as a document of title. This legal research examines whether electronic bills of lading can legally perform these three functions as functional equivalents to paper bills of lading. It studies the recognition of electronic bills of lading …

Principles Of Home Rule For The Twenty-First Century, Richard Briffault, Nestor M. Davidson, Paul A. Diller, Sarah Fox, Laurie Reynolds, Erin A. Scharff, Richard Schragger, Rick Su

Faculty Scholarship

The National League of Cities’ “Principles of Home Rule for the Twenty-First Century” updates the American Municipal Association’s 1953 “Model Constitutional Provisions for Municipal Home Rule.” The AMA approach was widely adopted, but those provisions are now over 65 years old and intervening social, demographic, economic, and political changes necessitates a new approach to the legal structure of state-local relations. The NLC’s approach is organized around four basic principles, which are cashed-out in a model constitutional home rule provision, with commentary. The first principle states that a state’s law of home rule should provide local governments the full capacity to …

Effect Of Society’S Political Ideology On The Long-Term Viability Of Drug Courts, Tiffany Kragnes

Walden Dissertations and Doctoral Studies

Drug courts are programs for people who experience substance abuse disorders and have been accused of a crime and are perceived as being likely to reoffend. The purpose is to provide a therapeutic approach with reducing the risk of future offense by supporting treatment for the defendant. Drug courts are cost-effective for state and local governments and are often funded through a combination of state appropriations and federal grants. Little is known how political ideology may influence the state and local budget process that support drug courts. Using Shafritz’s power and politics theory as the foundation, the purpose of this …

Previously Incarcerated Individuals’ Perceptions Of Decision-Making Leading To Their Solitary Confinement, Rita Pavone

Walden Dissertations and Doctoral Studies

This study explored the issue of communication in prison systems in conjunction with an overextended utilization of isolation confinement methods. Using Sexton’s conceptualization of the penal subjective consciousness model as a guide, the purpose of this phenomenological study was to better understand the experiences of confined offenders related to their experiences regarding the perspectives of prison officials based on a variety of factors including criminal background, social status, and programming needs. Data from semi-structured interviews with 25 participants addressed the process of communication between prison personnel and inmates from the time of incarceration through placement in isolation confinement, and then …

Supporting Intervention For Adolescents Of Incarcerated Parents In Rural Areas, Jeanette Kathleen Loudy

Walden Dissertations and Doctoral Studies

This study was focused on the challenges experienced by children who had a parent incarcerated during their adolescence. The purpose of this qualitative phenomenological study was to explore the lived experiences of adult child survivors of parental incarceration in a rural community and to describe the impact that parental incarceration had on children during adolescence and into young adulthood. The research questions were designed to examine the perceived challenges facing adult children of parental incarceration in rural areas and policy intervention programs that would be most effective at supporting children of parental incarceration during adolescence and the transition into adulthood. …