Law Commons^™

Jams Provides Navigation Through The Obstacle Course Of Discovery, Scott C. Denlinger

Arbitration Law Review (2009 - Present)

No abstract provided.

Michigan Appellate Court Determines That An Eeoc "Right To Sue" Letter Is Not Necessary To Initiate Arbitration On Title Vii Claims, Nick Fox

Arbitration Law Review (2009 - Present)

No abstract provided.

Murky Waters: Supreme Court Of Alabama Compels Arbitration Although There May Not Have Been A Contract, Michael C. Barbarula

Arbitration Law Review (2009 - Present)

No abstract provided.

Vacating An International Arbitration Award Rendered In The United States: Does The New York Convention, The Federal Arbitration Act Or State Law Apply?, Lea Haber Kuck, Amanda Raymond Kalantirsky

Arbitration Law Review (2009 - Present)

No abstract provided.

Idaho Offers More Than Just Potatoes To Victorious Parties In Arbitration, Nathan C. Volpi

Arbitration Law Review (2009 - Present)

No abstract provided.

Supreme Judicial Court Of Maine Holds That Evidence From A Small Claims Mediation Is Admissible In A Subsequent Criminal Trial, Jamie L. Augustinsky

Arbitration Law Review (2009 - Present)

No abstract provided.

Breaking The Cemnet: Venezuela's Move To Nationalize Cemex Leads To Dispute Over Arbitral Jurisdiction, Shari Manasseh

Arbitration Law Review (2009 - Present)

No abstract provided.

A Matter Of Access: How Bypassing Drm Does Not Always Violate The Dmca, Alicia Hoffer

Washington Journal of Law, Technology & Arts

In the last decade, several federal circuit courts have applied the anti-circumvention provisions of the Digital Millennium Copyright Act (DMCA) to determine what forms of unauthorized access to copyrighted work are prohibited. Courts have considered Digital Rights Management (DRM) disputes concerning access to both copyrighted digital-media and manufactured products. The Second and Ninth Circuits have applied the DMCA in digital media cases to protect the owners of digital copyrighted works. The Fifth, Sixth, and Federal Circuits have applied the DMCA in manufactured-product cases, holding that bypassing DRM controls does not violate the DMCA under certain circumstances. These differing conclusions stem …

Injunction Relief: Must Nonparty Websites Obey Court Orders To Remove User Content?, Connor Moran

Washington Journal of Law, Technology & Arts

Websites are normally immune to suits arising from illegal user-posted content due to 42 USC § 230. Victims of illegal postings must therefore bring suit, if at all, against the original posters. However, when websites refuse to take down illegal content, a suit against an original poster might not provide relief. In the recent case Blockowicz v. Williams, a family won a default judgment against persons posting defamatory content to Ripoff Report. But the plaintiffs could not contact the defendant to enforce the judgment, and thus they sought enforcement of an injunction against Ripoff Report. The court refused because …

Off With The Head? How Eliminating Search And Index Functionality Reduces Secondary Liability In Peer-To-Peer File-Sharing Cases, Luke M. Rona

Washington Journal of Law, Technology & Arts

Peer-to-peer file-sharing service providers (P2Ps) allow Internet users to exchange electronic content, including music, movies, and other digital works. In Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., the Supreme Court unanimously disarmed such P2Ps by holding that it is unlawful to distribute programs that induce others to commit copyright infringement. Evolved technologies, such as dot-torrent, allow mass file exchanges between third-party users--an attempt to remove the P2P from the file-sharing equation. The court in Columbia Pictures Industries, Inc. v. Fung, however, imputed inducement from the search and index functionality of the P2P’s software, as well as the P2P’s encouraging …

Fair Notice: Providing For Electronic Document Transmissions To Shareholders In Washington State, James L. Proctor Jr.

Washington Journal of Law, Technology & Arts

In 2008, Washington State amended Wash. Rev. Code § 23B.01.410 to allow electronic transmission of materials accompanying corporate notices to shareholders. This amendment, combined with an earlier change allowing corporations operating within the state to notify shareholders through certain types of electronic transmissions, incorporated several Securities and Exchange Commission (SEC) suggestions to expand the authorized uses of Internet-based technology to communicate with shareholders. However, corporations operating across state lines are subject to a complex variety of state notice requirements. These differences create an uneven national standard for which types of electronic communication constitute sufficient notice. This statutory variance compels corporations …

Vol. 2 No. 2, Summer 2011; Table Of Contents & Masthead, Northern Illinois University Law Review Online Supplement, Northern Illinois University Law Review Online Supplement

Northern Illinois Law Review Supplement

No abstract provided.

Vol. 2 No. 2, Summer 2011; Misinterpreting The Child's Best Interests Standard: A Closer Look At In Re Marriage Of Guthrie And Illinois Child Removal Law, Devin Noble

Northern Illinois Law Review Supplement

In Illinois and throughout most of the United States, there are nearly half as many divorces in a given year as there are marriages. The divorce experience can become extremely complicated when children are involved. Illinois parents who receive sole custody of their children can move anywhere within the state without court approval, but must seek permission from the court to permanently remove a child from the state. Such petitions for removal should only be granted if the removal is in the best interests of the child. One important consideration in determining the best interests of any child is the …

"The New Muslim Brotherhood In The West," Lorenzo Vidino, (New York: Columbia University Press, 2010), Sheldon Greaves , Ph.D.

Journal of Strategic Security

No abstract provided.

Front Matter

City University of New York Law Review

No abstract provided.

The Criminalization Of Peacemaking, Corporate Free Speech, And The Violence Of Interpretation: New Challenges To Cause Lawyering, Avi Brisman

City University of New York Law Review

No abstract provided.

Many Voices: Combining International Human Rights Advocacy And Grassroots Activism To End Sexual Violence In Haiti, Yifat Susskind

City University of New York Law Review

No abstract provided.

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Law Student Publications

This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love’s death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of intimate partner violence.

Legislative Control Of The Menhaden Fishery, Matthew G. Curtis

Law Student Publications

This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.

China's Green Outbound Direct Investment Profile, Daniel Silverman, Douglass Sims, Mitchell Silk, Rebecca Perkins, Henry Levine, Andrew Worden

Cardozo Journal of International and Comparative Law

Symposium 2011: China’s Asset Management Platforms & Cleantech Sector

Stoli And Intent: The Feeling's Mutual, But It's Starting Not To Matter Anyway, Franklin G. Monsour Jr.

Cardozo Journal of International and Comparative Law

The article examines the legal debate surrounding Stranger-Originated Life Insurance (STOLI), advocating for the adoption of the mutual intent standard over the unilateral intent standard to determine the legality of such policies. It argues that the mutual intent standard, supported by historical cases and recent legislation, provides a more robust framework to prevent sham transactions and uphold the insurable interest rule.

A Call For Mediated Solutions To Arctic Region Disputes, Bradley L. Roth

Cardozo Journal of International and Comparative Law

The note argues that the Arctic region has become a focal point of international competition due to climate change, with disputes over territorial, resource, and navigational rights among the Arctic Five (Canada, Denmark, Norway, Russia, and the United States). It advocates for a worldcentric mediation approach, emphasizing global sustainability and fairness, to resolve these disputes effectively while addressing the region's ecological sensitivity and the long-term sustainability of the planet.

Book Review Of Research Handbook On The Protection Of Intellectual Property Under Wto Rules And Research Handbook On The Interpretation And Enforcement Of Intellectual Property Under Wto Rules, Benjamin J. Keele

Library Staff Publications

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue No. 1) (Summer 2011), Roger Williams University School Of Law

RWU Law

No abstract provided.

Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza

Faculty Scholarship

No abstract provided.

Envisioning The Regulatory State: Technocracy, Democracy, And Institutional Experimentation In The 2010 Financial Reform And Oil Spill Statutes, K. Sabeel Rahman

Faculty Scholarship

No abstract provided.

The Hoynes Code, Notre Dame Law School

Hoynes Code

A COMPILATION OF FACULTY RESOLUTIONS AND ADMINISTRATIVE REGULATIONS GOVERNING NOTRE DAME LAW SCHOOL

This code governs legal education at the University of Notre Dame in all programs and in all locations.

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Law Student Publications

This comment will examine Virginia’s statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly session. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the importance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the other two bills not only because it was the …

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Uwlaw, Summer 2011, Vol. 63

Alumni Magazines

No abstract provided.