Law Commons^™

Internet Search Engine Copying: Fair Use Defense To Copyright Infringement, Daniel Ovanezian

Santa Clara High Technology Law Journal

No abstract provided.

Intelligent Software Agents And Agency Law, Suzanne Smed

Santa Clara High Technology Law Journal

No abstract provided.

Breaking New Grounds In Administrative Revocation Of U.S. Patents: A Proposition For Opposition - And Beyond, Allan M. Soobert

Santa Clara High Technology Law Journal

No abstract provided.

Rescuing Reverse Engineering, Barak D. Jolish

Santa Clara High Technology Law Journal

No abstract provided.

Richmond Law Magazine: Winter 1998

Richmond Law Magazine

Features:

Creating Global Connections

The Animating Ideal of the Statesman-Laywer

Debtor Incentives, Agency Costs And Voting Theory In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Does The Fda Have Authority To Regulate Human Cloning?, Elizabeth Price Foley, Elizabeth C. Price

Faculty Publications

Examines the FDA's statutory authority to regulate human cloning.

What’S Good For General Motors: Corporate Speech And The Theory Of Free Expression, Howard M. Wasserman

Faculty Publications

No abstract provided.

The Bankruptcy Review Commission Recommendation On Classification Of Claims In Chapter 11, Scott F. Norberg

Faculty Publications

No abstract provided.

Foreword, Bankruptcy Law Symposium, Scott F. Norberg, Todd J. Zywicki

Faculty Publications

No abstract provided.

A Review Of Copyright And The Internet, Needham J. Boddie Ii, Thomas C. Mcthenia Jr., Fred B. Amos Ii, Douglas W. Kim

Campbell Law Review

No abstract provided.

A Call To Congress To Amend Erisa Preemption Of Hmo Medical Malpractice Claims: The Dissatisfactory Distinction Between Quality And Quantity Of Care, Angela M. Easley

Campbell Law Review

This Comment begins with an overview of the Employee Retirement Income Security Act (ERISA) and the preemption clause found therein. Section III explains the distinction between quality and quantity of care, the test many courts have relied on to determine whether ERISA preempts a medical malpractice claim. Section IV examines state common law theories of liability which are asserted against managed care organizations, specifically claims of direct and vicarious liability. Section V addresses the HMO's role in medical decision making, and Section VI describes recent legislation regarding ERISA and HMO liability. This Comment contends that the more active role an …

Batch V. Town Of Chapel Hill - Takings Law And Exactions: Where Should North Carolina Stand?, Elizabeth K. Arias

Campbell Law Review

This note argues that the North Carolina Supreme Court improperly decided Batch v. Town of Chapel Hill by ruling on a mere technicality. Instead the court should have focused on the nature of the town's ordinance and the required exaction and should have addressed Dr. Batch's takings claim. Proper analysis of Dr. Batch's claim indicates that the condition the Town of Chapel Hill imposed was an unconstitutional exaction. Part I of this note sets out the factual background and issues raised by the Batch decision and details the reasoning of both the North Carolina Court of Appeals and the North …

King V. North Carolina: A Misinterpretation Of The Lucas Takings Rule, Don R. Wells

Campbell Law Review

This note will examine the decision in King and analyze the facts of this case under the correct interpretation of Lucas. Part II of this note will present the facts and procedural history of King. Part III will demonstrate that the Lucas rule, as applied in King was erroneous, and will analyze the facts of King under the correct interpretation of Lucas.

National Endowment For The Arts V. Finley: Challenging The Facial Challenge, Gloria F. Taft

Campbell Law Review

This Note examines the facial challenge in National Endowment for the Arts ("NEA") v. Finley and how an as-applied challenge may have produced a different outcome. In particular, this Note will analyze the inadequacy of a facial challenge to the "decency & respect" provision, and in the alternative how an asapplied challenge would have invalidated the provision when applied to artists such as the Respondents in Finley.

A Return To The Basics: Constitutional Answers To The Racial Gerrymandering Questions, Shannon L. Vandiver

Campbell Law Review

This comment seeks to explain the incorrigible by returning to the basics. Starting and ending at the Constitution and a notion of what it means to be represented, this comment traces the development of redistricting jurisprudence from the Fourteenth and Fifteenth Amendments through the Voting Rights Act and finally to the Supreme Court. Most notably, this comment focuses on the effects of the redistricting quagmire on the state ofNorth Carolina throughout the 1990's as an exemplar of a reapportionment process attempting to pander to the political proclivities of both the Department of Justice and the Judicial branch.

The Clinton Chronicle: Diary Of A Political Psychologist, Aubrey Immelman

Psychology Faculty Publications

Chronicle, from the perspective of political psychology, of events and controversies in the impeachment saga of President Bill Clinton, from the president’s August 17, 1998 testimony before the grand jury in the Starr investigation to his acquittal on February 12, 1999.

Strate V. A-1 Contractors: Intrusion Into The Sovereign Domain Of Native Americans, Wambdi Awanwicake Wastewin

North Dakota Law Review

No abstract provided.

The Minimum Wage In America Will Current Legislation Really Help The Working Poor?, Douglas A. Noe

University Avenue Undergraduate Journal of Economics

This same incentive is not present for players either already tied up in long-term contracts or those without enough major league service time to qualify for free-agent status. Were Finley's plan adopted, this incentive would be present for all players in all seasons, instead of just the few hoping for lucrative contracts at the end of the year. While the competitive balance (and aggregate statistics) may not be effected, if work effort is indeed endogenous, overall effort (and "hustle") would likely be increased, and a finer product would be put on the field, potentially increasing attendance and thus revenues. Thus, …

Sovereign Bargains, Indian Takings, And The Preservation Of Indian Country In The Twenty-First Century, Raymond Cross

Faculty Law Review Articles

This article develops a modern Indians taking doctrine by critically examining the unfolding of Marshall's Indian bargaining model through three distinct eras: 1) Chief Justice Marshall's construction of the Indian bargaining model as an American adaptation of the European doctrine of discovery; 2) the Supreme Court's subsequent reformulation of that model as the Indian plenary power doctrine; and 3) the Court's failed reconciliation of the Indian plenary power doctrine with the just compensation command of the Constitution.

A sketch of such a doctrine is provided by a case study of the 1949 taking of the Fort Berthold Indian Reservation, a …

Dinner At Eight 1998 - Invitation, Las Vegas Chapter Of The National Bar Association

Dinner at Eight

No abstract provided.

Corrupt Practices In India: No Payoff, Toral Patel

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Taiwan's International Personality: Crossing The River By Feeling The Stones, Angeline G. Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The United States Convention On The Rights Of The Child: Are Children Really Protected? A Case Study Of China's Implementation, Timothy John Fitzgibbon

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Vietnam: Can An Affective Arbitration System Exist, Thuy Le Tran

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Antitrust Injunctions In England, Germany And The United States: Their Treatment Under European Civil Procadure And The Hague Convention, Markus Lenenbach

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

1998 And Beyond In New Caledonia: At Freedom's Gate?, Alan Berman

Washington International Law Journal

This article examines the upcoming 1998 referendum on self-determination in New Caledonia through the larger contextual lens of French historical involvement in the territory. The article addresses the impact French colonization has had on Kanak culture, legal institutions, social organization and economic livelihood. The historical policies of the French government are canvassed by exploring the manner in which France manipulated the legal process and political institutions it created in New Caledonia to entrench colonial control. The article concludes that the process of decolonization is unlikely to be completed in the near future. Finally, the article discusses the potential consequences for …

Transparency In The European Union, Laurens Jan Brinkhorst

Fordham International Law Journal

The reason why I chose the issue of transparency is that I have a personal stake in the matter. Now someone has said that the European Union is really a conspiracy of the initiators. At the time the European Community (or “Community”) was created, we had a totally different political culture, both in the Member States, but certainly in the international field. The European Community concentrated on highly technical matters--economic matters, trade matters, matters that were relevant to the farmers, and the public at large was really not very interested. In general, the concept of democracy was a somewhat different …

Ec Competition System -- Proposals For Reform, Alexander Schaub

Fordham International Law Journal

At last year's Fordham Corporate Law Institute, under the heading "The Millennium Approaches," I spoke about the challenges that European Community ("EC" or "Community") competition law is facing or will face in the near future. I came to the conclusion that the time has come for a re-examination and modernization of our rules, in particular the implementing and procedural legislation. I reached this conclusion based upon three reasons.

The Protection Of Human Rights In The New Polish Constitution, Ryszard Cholewinski

Fordham International Law Journal

This Article examines the extent of human rights protection under the Constitution of the Republic of Poland of April 2, 1997 ("new Polish Constitution" or "Constitution"), adopted on April 2, 1997, by the Polish National Assembly and approved by the Polish people in a referendum on May 25, 1997. The Constitution, a lengthy document composed of 243 articles, came into force on October 17, 1997, and is one of the last constitutions to be adopted in Central and Eastern Europe since the start of the political and socio-economic transformations of the post-communist era. This Article emphasizes the importance of the …