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Articles 200161 - 200190 of 546126
Full-Text Articles in Law
Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla
Music Lessons: What Adam Lambert Can Teach Us About Media Self-Regulation, Maria Matasar-Padilla
Cardozo Arts & Entertainment Law Journal
No abstract provided.
As Good As New: Conserving Artwork And The Destruction Of Moral Rights, Nathan M. Davis
As Good As New: Conserving Artwork And The Destruction Of Moral Rights, Nathan M. Davis
Cardozo Arts & Entertainment Law Journal
No abstract provided.
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
A Lesson From The Holocaust Restitution Movement For Armenians: Generate Momentum To Secure Restitution, Vartges Saroyan
Cardozo Journal of Conflict Resolution
This Note proceeds in five parts. Part I provides a historical background of the events prior to and during the Armenian Genocide, and the claims arising out of the Genocide. Part II discusses the status of Genocide restitution and the roadblocks that continue to prevent widespread recovery. Part III explains the timeline of the Holocaust restitution movement and how advocates for restitution were finally able to have some success. Part IV proposes that Genocide-era claims be sought not only by filing lawsuits, but also by creating momentum through negotiation and other principles of ADR. Part V concludes by reiterating the …
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
After The Ecj's West Tankers: The Clash Of Civilizations On The Issue Of An Anti-Suit Injunction, Grace Gunah Kim
Cardozo Journal of Conflict Resolution
This Note argues that the ECJ's West Tankers decision to ban an anti-suit injunction in Europe, coupled with the recent European Commission's reform proposals to govern arbitration within the jurisdictional framework of the Brussels Regulation No. 44/ 2001 ("Brussels Regulation"), directly clash with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention") and practically amount to a blanket rule that bars English courts from upholding arbitration agreements.
How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein
How New Ftc Guidelines On Endorsement And Testimonials Will Affect Traditional And New Media, Jason Goldstein
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 28, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert
Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Did The Mlbpa Strike Out? An Analysis Of Union Liability In Major League Baseball's Anonymous 2003 Steroid Testing, David Adelsberg
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 1
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori
Flexible Remedies As A Means To Counteract Failures In Copyright Law, Orit Fischman Afori
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Silence And Postmodern Copyright, Matt Williams
Silence And Postmodern Copyright, Matt Williams
Cardozo Arts & Entertainment Law Journal
No abstract provided.
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 2
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 2
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Censoring Crimes, Barak Y. Orbach, Allison S. Woolston
Censoring Crimes, Barak Y. Orbach, Allison S. Woolston
Cardozo Arts & Entertainment Law Journal
Concerns regarding the harmful influence of films on youth and adults have always motivated censorship and justified, in some minds, greater government control over content. Many motion pictures portray illegal conduct-theft, robbery, embezzlement, arson, drug dealing, assault, rape, murder, treason, and other crimes. In most instances, commission of the underlying crime is not needed for the production of the film. Despite the perpetual fear of the "capacity for evil" of films, the legality of motion pictures that commercialize crimes has not been studied as a concept. This Essay explores the reasons for this neglect and examines the problems this omission …
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
American Library Association, Bradburn, And The Movement To Censor The Internet, Olivia J. Greer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter
Substantially Perfect: The Southern District Of New York's Problematic Rewrite Of The Dmca's Elements Of Notification, Jeremy A. Schachter
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 3
Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 29, Iss. 3
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Abolishing State Trademark Registrations, Lee Ann W. Lockridge
Abolishing State Trademark Registrations, Lee Ann W. Lockridge
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Joining Or Changing The Conversation? Catholic Social Thought And Intellectual Property, Frank Pasquale
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Orphaned Art Consignors: Confusion In The Courts And The Ucc, Michael Madigan
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Publications
This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …
Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act, Naiomi Metallic
Report To Parliament - On The Readiness Of First Nations Communities And Organizations To Comply With The Canadian Human Rights Act, Naiomi Metallic
Reports & Public Policy Documents
Enacted in 1977, the Canadian Human Rights Act (CHRA) aims to ensure equality of opportunity and freedom from discrimination in federal jurisdiction. At the time that the CHRA was passed, however, it was understood that adjustments would have to be made before the federal government and First Nations operating under the Indian Act could be fully compliant with the new law. As a result, section 67 of the CHRA explicitly shielded the federal government and First Nations community governments from complaints of discrimination relating to actions arising from or pursuant to the Indian Act. This was intended to be a …
The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals?, Xuan-Thao Nguyen, Jeffrey A. Maine
The History Of Intellectual Property Taxation: Promoting Innovation And Other Intellectual Property Goals?, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
An important issue deserving scholarly attention concerns the proper role of the federal tax system in achieving intellectual property law's innovation objectives. The article traces the historic development of the specific tax rules governing intellectual property, identifies present areas of policy dissonance in the intersection of intellectual property and taxation, and calls for an appropriate legal framework for future intellectual property tax legislation.
The Lawyer-Delegates Of The 1972 Montana Constitutional Convention: Their Influence And Importance, Fritz Snyder, Mae Nan Ellingson
The Lawyer-Delegates Of The 1972 Montana Constitutional Convention: Their Influence And Importance, Fritz Snyder, Mae Nan Ellingson
Montana Law Review
The Lawyer-Delegates of the 1972 Convention
Rohlfs V. Klemenhagen, Llc: Is It Time To Revise Montana's Dram Shop Act?, Ross Sharkey
Rohlfs V. Klemenhagen, Llc: Is It Time To Revise Montana's Dram Shop Act?, Ross Sharkey
Montana Law Review
Rohlfs v. Klemenhagen, LLC: Dram Shop Act
State V. Ellis: Protecting The Rights Of Parents To Be Secure Against Unreasonable Searches And Seizures, David Bigger
State V. Ellis: Protecting The Rights Of Parents To Be Secure Against Unreasonable Searches And Seizures, David Bigger
Montana Law Review
State v. Ellis: Protecting the Rights of Parents
When Due Process Is Due: Implications Of Logerstedt V. Taylor And The Supreme Court's Contravention Of The Rules Of Appellate Procedure, Travis B. Dye, Helia Jazayeri
When Due Process Is Due: Implications Of Logerstedt V. Taylor And The Supreme Court's Contravention Of The Rules Of Appellate Procedure, Travis B. Dye, Helia Jazayeri
Montana Law Review
When Due Process is Due
A Comment On Restatement Third Of Torts’ Proposed Treatment Of The Liability Of Possessors Of Land, George C. Christie
A Comment On Restatement Third Of Torts’ Proposed Treatment Of The Liability Of Possessors Of Land, George C. Christie
Faculty Scholarship
In §§ 51 and 52 of the forthcoming second volume of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, the reporters have sought to accommodate the trend to extend the liability of possessors of land to trespassers. The courts that have led the way in this legal transformation of the traditional common law have largely focused on the foreseeability of the trespasser and of the likelihood of injury from the disrepair of the premises. The Restatement (Third) takes a different approach by focusing on the flagrancy of the trespass, a concept with significant moral connotations. I argue …
A Capital Gains Anomaly: Commissioner V. Banks And The Proceeds From Lawsuits., Stephen T. Black, Katherine D. Black, Michael D. Black
A Capital Gains Anomaly: Commissioner V. Banks And The Proceeds From Lawsuits., Stephen T. Black, Katherine D. Black, Michael D. Black
St. Mary's Law Journal
When a litigant receives an award of damages or agrees to a settlement of a lawsuit for which the litigant and her attorney have agreed to a contingent fee, a portion of those damages or the settlement is paid to the attorney. For income tax purposes, there is a question of whether the litigant should include the portion paid to her attorney as her own income. The question is not merely academic. In a tax system that does not always allow the litigant to deduct her attorney's fees, the litigant may end up paying tax on money that she never …
Litigating Together: Social, Moral, And Legal Obligations, Elizabeth Chamblee Burch
Litigating Together: Social, Moral, And Legal Obligations, Elizabeth Chamblee Burch
Scholarly Works
In a post-Class Action Fairness Act world, the modern mass-tort class action is disappearing. Indeed, multi-district litigation and private aggregation through contracts with plaintiffs’ law firms are the new mass-tort frontier. But something’s amiss with this “nonclass aggregation.” These new procedures involve a fundamentally different dynamic than class actions: plaintiffs have names, faces, and something deeply personal at stake. Their claims are independently economically viable, which gives them autonomy expectations about being able to control the course of their litigation. Yet, they participate in a familiar, collective effort to establish the defendant’s liability. They litigate from both a personal and …