Education Law Commons^™

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler

Library Faculty Presentations

Student and Faculty Intellectual Property
— Scenarios – What might occur?
— Forms of intellectual property (IP)
— Ownership of faculty IP
— Ownership of student IP
— Rights to use IP:
• RIT-owned
• Student-owned
• External IP
— Scenarios – Discussion of
Using Intellectual Property & Related Tools
— TEACH Act
— Online copyright tutorials & websites
— Turnitin – a plagiarism-detection tool
Handouts
Resources

Intellectual Property And The Development Divide, Margaret Chon

Cardozo Law Review

No abstract provided.

The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe

UF Law Faculty Publications

The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental use …

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Discipline: An Academic Dean's Perspective On Dealing With Plagiarism, Kevin J. Worthen

Brigham Young University Education and Law Journal

Three months after I was convinced by our very persuasive Dean that, contrary to my first thought, being an Associate Academic Dean was not such a dumb idea, I was confronted with a situation that reinforced my initial impression. On my desk sat a paper submitted by a student in a law school course. More than one-half of the paper was copied word for word without any attribution being given. Dozens of other lines contained material that should have been included in quotation marks, but was not. Some of the material quoted without attribution came from sources cited in other …

How Educators Can More Effectively Understand And Combat The Plagiarism Epidemic, David A. Thomas

Brigham Young University Education and Law Journal

No abstract provided.

Keep The License Agreements Coming: The Effects Of J.E.M. Ag Supply, Incorporated V. Pioneer Hi-Bred International, Incorporated On Universities' Use Of Intellectual Property Laws To Protect Their Plant Genetic Research, Timothy P. Daniels

Brigham Young University Education and Law Journal

No abstract provided.

University Technology Transfer And Economic Development: Proposed Cooperative Economic Development Agreements Under The Bayh-Dole Act, 36 J. Marshall L. Rev. 397 (2003), Clovia Hamilton

UIC Law Review

No abstract provided.

Digital Regulation And The Impact On Education, Valerie Sarigumba

Public Interest Law Reporter

No abstract provided.

Digital Music: Educational Issues, John Faust

Brigham Young University Education and Law Journal

No abstract provided.

Who Owns Course Materials Prepared By A Teacher Or Professor? The Application Of Copyright Law To Teaching Materials In The Internet Age, Georgia Holmes, Daniel A. Levin

Brigham Young University Education and Law Journal

No abstract provided.

Who Authors Trademarks?, Steven Wilf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Scholarly Restraints? Aba Accreditation And Legal Education, George B. Shepherd, William G. Shepherd

Cardozo Law Review

This Article provides an economic and legal analysis of the American Bar Association's system for accrediting law schools. For decades, the ABA has administered the system as, in economic effect, a cartel of law school faculty members. The ABA has exerted monopoly power not only over the market for legal training, but also over three related markets: the market for the hiring of law faculty, the market for legal services, and each university's internal market for funding. Despite the selfless service of many in the system, the system has created large harms, but few benefits. Existing law faculty have gained …

The Impact Of "Fair Use" In The Higher Education Community: A Necessary Exception?, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Despite legislative efforts to define it, the concept of Fair Use has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic institutions. With the advent of the Internet and the prospect of multimedia projects, the debate has intensified and expanded into the international community.

This Article focuses primarily on the challenges that face academic administrators and college and university attorneys seeking to advise their academic clients of the parameters of the Fair Use Doctrine-encouraging both sharing and dissemination of scholarly information, and compliance with the law, while limiting institutional liability. This …

Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark

Graduate Research Papers

Technologies, such as computers, Internet, electronic mail etc., offer educational institutions limitless opportunities for learning and teaching. While technological advancements encourage academia to boldly go where no one has gone before, there are legitimate copyright and intellectual property concerns that need to be addressed. The current copyright law passed in 1976, although it legally established the Fair Use principle, is inadequate given the age we live in.

To encourage dialogue, this review of the literature will explore the applicability of copyright law to educators in the electronic environment. Current law, established guidelines, and recent court decisions will be discussed in …

Graduate Students' Ownership And Attribution Rights In Intellectual Property, Sandip H. Patel

Indiana Law Journal

No abstract provided.

Rhetoric And Reality In Copyright Law, Stewart E. Sterk

Articles

The article challenges traditional justifications for copyright law, particularly the notions of desert and corrective justice, arguing that these frameworks fail to provide a robust foundation for intellectual property rights. Instead, it posits that the justification for copyright protection must primarily lie in the incentive to promote creative activity. The analysis critiques the application of Lockean labor theory and restitutionary models, emphasizing that distributive justice, which focuses on the moral worth and social contributions of creators, offers a more coherent basis for copyright law.

Painting The Law, Nancy Illman Meyers

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Copyright Violation And Personal Liability In Education: A Current Look At "Fair Use", John Wm. Maddox

Brigham Young University Education and Law Journal

No abstract provided.

Felony Copyright Infringement In Schools, Steven K. Barton

Brigham Young University Education and Law Journal

No abstract provided.

Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas

Brigham Young University Education and Law Journal

No abstract provided.

Justice O'Connor's Intellectual Property Opinions: Currents And Crosscurrents, Marci A. Hamilton

Articles

No abstract provided.

A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, 24 J. Marshall L. Rev. 119 (1990), Sherri L. Burr

UIC Law Review

No abstract provided.

Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener

University of Michigan Journal of Law Reform

Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.

Nathaniel Goldstein Memorial Lecture, Murray I. Gurfein

Cardozo Law Review

No abstract provided.

Recent Cases, Vanderbilt Law Review

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.