Law Commons^™

National Basketball Association General Managers: An Analysis Of The Responsibilities, Qualifications And Characteristics, Glenn M. Wong, Chris Deubert

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Born To Be Used In The Usa: An Alternative Avenue For Evaluating Politicians' Unauthorized Use Of Original Musical Performances On The Campaign Trail, Matthew J. Cursio

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Paris Hilton Avoids Getting Slapped: The Application Of California's Anti-Slapp Statute To A Right Of Publicity Claim In Hilton V. Hallmark Cards, Lindsay C. Hanifan

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Is There Life After Death For Sports League Immunity - American Needle And Beyond, Meir Feder

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Internet And Copyright Protection: Are We Producing A Global Generation Of Copyright Criminals, Fredrick Oduol Oduor

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Understanding The Antecedents Of The “School-To-Jail” Link: The Relationship Between Race And School Discipline, Michael Rocque, Raymond Paternoster

Journal of Criminal Law and Criminology

No abstract provided.

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …

Incendiary Speech And Social Media, Lyrissa Lidsky

Faculty Publications

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …

2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 2

Questions for Prof. Max Minzner, page 16

Faculty Briefs, page 18

An Interview with Stanley Fish, page 22

Same-Sex Marriage in the US, page 28

Standing Up to the Vatican, page 32

A Summer of Public Service, page 36

Intellectual Property: Fast Forward, page 42

Alumni News & Notes, page 49

Cardozo Advancement, page 57

Endnote, page 60

Series Llcs In Real Estate Transactions, Bradley T. Borden, Mathews Vattamala

Faculty Scholarship

No abstract provided.

Justifying Board Diversity, Lawrence M. Solan, James A. Fanto, John M. Darley

Faculty Scholarship

No abstract provided.

The Right To Remain Anonymous: Anonymous Speakers, Confidential Sources And The Public Good, Jocelyn Hanamirian

Kernochan Center for Law, Media, and the Arts

In the digital age, the news media gives voice to anonymous speakers in two ways: reporters may extend confidentiality to sources in exchange for newsworthy information, or a news website may host an online comment function that allows readers to post their reactions to content pseudonymously. Of these two groups of anonymous speakers, only online posters enjoy certain First Amendment protection against a subpoena seeking disclosure of their identities.

The reporter’s privilege has always been legally defined as the professional privilege of a reporter to maintain the confidentiality of his sources. Yet as with all evidentiary privileges, the reporter’s privilege …

Opening Remarks, Peter T. Coleman

Cardozo Journal of Conflict Resolution

No abstract provided.

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Ongoing Debate About Mediation In The Context Of Domestic Violence: A Call For Empirical Studies Of Mediation Effectiveness, Susan Landrum

Cardozo Journal of Conflict Resolution

In Part I, this Article will explore the potential challenges of mediating family law cases involving domestic violence, including definitional challenges, process issues, outcome issues, and public policy implications. Concerned about the implications of this trend for domestic violence victims, state legislatures, courts, and mediation programs have sought to develop improved processes for fair and safe family law mediations, and the Article will analyze the most common of those processes in Part II. Additionally, Part III will describe what scholars have done to determine the effectiveness of mediation programs in addressing domestic violence issues and will advocate further empirical research …

Negotiating The Wind: A Framework To Engage Citizens In Siting Wind Turbines, Sean F. Nolon

Cardozo Journal of Conflict Resolution

In Section I, this Article explores the promotion of wind energy by looking at the current system of incentives and regulations, including the authority to mitigate adverse impacts. In Section II, the Article looks at the role of citizens in siting generally, how involvement can turn into opposition, and how that opposition can be managed productively. Section III explores three approaches to citizen engagement that have been used for decades-participatory planning, negotiated rulemaking and facility siting. Finally, Section IV provides a framework for the federal government to work cooperatively with state and local governments to create comprehensive wind energy plans …

The Future Of Corporate Aiding And Abetting Liability Under The Alien Tort Statute: A Roadmap, Andrei Mamolea

Santa Clara Law Review

No abstract provided.

Process, Outcomes And The Invention Of Tradition: The Growing Importance Of The Appearance Of Judicial Neutrality, Anne Richardson Oakes, Haydn Davies

Santa Clara Law Review

No abstract provided.

Making Sense Of State Action, John Dorsett Niles, Lauren E. Tribble, Jennifer N. Wimsatt

Santa Clara Law Review

No abstract provided.

An Economic Defense Of Flexibility In Ipr Licensing: Contracting Around First Sale In Multilevel Production Settings, Anne Layne-Farrar

Santa Clara Law Review

No abstract provided.

Copyright First Sale And The Overriding Role Of Contract, Raymond T. Nimmer

Santa Clara Law Review

No abstract provided.

Another Move Away From Title Vii: Why Gross Got It Right, Jacqueline Go

Santa Clara Law Review

No abstract provided.

University Of South Carolina School Of Law Commencement Program, May 6, 2011, University Of South Carolina School Of Law

Commencement and Hooding Programs

No abstract provided.

Hardt V. Reliance Standard Life Insurance Company: Attorney's Fee Awards Under Erisa And The "Some Degree Of Success" Standard, Matthew D. Gimovsky

Journal of Health Care Law and Policy

No abstract provided.

The Evolution Of The Law Of Evidence: Plus Ça Change…?, Robert Currie

Articles, Book Chapters, & Popular Press

Originally prepared as a CLE backgrounder for criminal lawyers, this article provides a brief and occasionally critical account of developments in the law of evidence over the last three or so decades. Particular attention is paid to the Supreme Court of Canada’s introduction and development of the “principled approach.” It is argued that this framework has been most successful where it has coalesced into a more traditional-looking “rules-based” stance, albeit one based in principle, and less so where looser tests of principle have been given freer rein.

Outsourcing Fraud Detection: The Analyst As Dodd-Frank Whistleblower, Luke Roosevelt Hornblower

Journal of Business & Technology Law

No abstract provided.

In Re Citigroup Inc. Shareholder Derivative Litigation: In The Heat Of Crisis, Chancery Court Scrutinizes Executive Compensation, Joseph W. Cooch

Journal of Business & Technology Law

No abstract provided.

Overwhelming A Financial Regulatory Black Hole With Legislative Sunlight: Dodd-Frank's Attack On Systemic Economic Destabilization Caused By An Unregulated Multi-Trillion Dollar Derivatives Market, Michael Greenberger

Journal of Business & Technology Law

No abstract provided.

South Cherry Street, Llc V. Hennessee Group Llc: Investors' Desperate Plea For Second Circuit Standards, Daniella Casseres

Journal of Business & Technology Law

No abstract provided.

Implementation, Or The Possible Lack Thereof, Of The Bilski Supreme Court Decision, Abby Bhattacharyya

Journal of Business & Technology Law

No abstract provided.