The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse,
2011
Benjamin N. Cardozo School of Law
The Constitutionality Of And Need For Retroactive Civil Legislation Relating To Child Sexual Abuse, Jenna Miller
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the constitutionality and necessity of retroactive child sexual abuse laws, arguing that they provide victims with a pathway to justice despite statutes of limitations. It supports this stance with Supreme Court rulings and examples of successful implementations in states like California and Delaware, emphasizing the balance between victims' rights and defendants' rights.
Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity,
2011
Benjamin N. Cardozo School of Law
Guarding Their Sanctuary On The Offense: Criminal Contempt Actions By Domestic Violence Victims In Private Capacity, Mili Patel
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking,
2011
Duke Law School
Statutory Meanings: Deriving Interpretive Principles From A Theory Of Communication And Lawmaking, Mathew D. Mccubbins, Daniel B. Rodriguez
Faculty Scholarship
No abstract provided.
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application,
2011
Southern Methodist University, Dedman School of Law
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq
Faculty Journal Articles and Book Chapters
The current PTO procedures provide a few choices for a third party to influence the prosecution of a competitors patent application prior to issuance. In the case of protests and public use hearings, the third party may submit documents and explain their relevancy, but must know of the application’s existence prior to publication in order to meet the timeliness requirement. In the case of third-party submissions, the third party has a short two-month window post-publication, but cannot explain the relevancy of the documents submitted. In each case, the time frame within which a third party can act is extremely limited. …
Legislative Intent And Legislative History In Michigan,
2011
University of Michigan Law School
Legislative Intent And Legislative History In Michigan, Kincaid C. Brown
Law Librarian Scholarship
Determining legislative intent is one of the key roles that the judicial system plays in Michigan, and legislative history can be a useful tool for evaluating the intent of the legislature when enacting a law. However, legislative history resources can be difficult to gather and some resources may not be persuasive in Michigan courts. This article provides a brief description of the Michigan legislative process, the court’s view of using legislative history to determine legislative intent, and a list of Michigan legislative history resources.
Falling From The Legislative Grace: The Acorn Defunding And The Proposed Restraint Of Congress' Appropriations Power Through The Bill Of Attainder Clause,
2011
American University Washington College of Law
Falling From The Legislative Grace: The Acorn Defunding And The Proposed Restraint Of Congress' Appropriations Power Through The Bill Of Attainder Clause, Andrew Kim
American University Law Review
No abstract provided.
Expression By Ordinance: Preemption And Proxy In Local Legislation,
2011
Benjamin N. Cardozo School of Law
Expression By Ordinance: Preemption And Proxy In Local Legislation, Lindsay Nash
Articles
Local laws based on immigration status have prompted heated national debate on federalism and discrimination. A second strain of nuisance-related legislation has emerged in recent years, which often targets these same immigrant communities. This paper examines the hitherto-unstudied correlation between ordinances explicitly related to immigrants and legislation regarding nuisance–as illuminated through primary research into municipal legislation across the nation. Evaluating these laws and the context of their enactment, this research shows when and how nuisance laws target certain populations. Ultimately, this inquiry reveals troubling parallels to previous community responses to disfavored subgroups and the harm resulting from proxy legislation.
Codification, Macaulay And The Indian Penal Code [Book Review],
2011
Singapore Management University
Codification, Macaulay And The Indian Penal Code [Book Review], Siyuan Chen
Research Collection Yong Pung How School Of Law
As noted (at vii) by the contributors to this book, the Indian Penal Code 1860 (Central Act 45 of 1860) (“IPC”), largely the work of Thomas Macaulay, “was the first codification of criminal law in the British Empire and is the longest serving code in the common law world.” Upon its enactment, the influential IPC was adopted in various British colonies, such as Singapore. The continuing use of legislation of such pedigree, however, brings about several problems. Any legislative inertia to update the statute from time to time will put the judiciary in a dilemma, whenever the latter is asked …
How (Not) To Regulate Arts: Lessons From Octomom,
2011
UC Hastings College of the Law
How (Not) To Regulate Arts: Lessons From Octomom, Radhika Rao
Faculty Scholarship
No abstract provided.
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth,
2010
Harvard Law School
The Challenge Of Developing Effective Public Policy On The Use Of Social Media By Youth, John Palfrey
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet,
2010
Economics and Technology, Inc.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
Legislative History And Current Bills Related To The Constitution Convention,
2010
Pace University School of Law
Legislative History And Current Bills Related To The Constitution Convention, Michael Friese
Elisabeth Haub School of Law Student Publications
The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper …
Introduction To Essays On The Future Of Digital Communications,
2010
Time Warner Cable
Introduction To Essays On The Future Of Digital Communications, Ferando R. Laguarda
Federal Communications Law Journal
Symposium: The Future of Digital Communications: Essays from Time Warner Cable's Research Program on Digital Communications.
The Future Of Digital Communications Research And Policy,
2010
Technology Policy Institute
The Future Of Digital Communications Research And Policy, Scott Wallsten
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
The Challenge Of Increasing Broadband Capacity,
2010
University of Colorado at Boulder
The Challenge Of Increasing Broadband Capacity, Dale N. Hatfield
Federal Communications Law Journal
Symposium: Essays from Time Warner Cable's Research Program on Digital Communications.
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past,
2010
Hofstra University School of Law
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami
Federal Communications Law Journal
There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency,
2010
Georgetown Law
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Federal Communications Law Journal
In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …
States Weigh Disclosure Of Liability Insurance Status To Clients,
2010
Georgia State University College of Law
States Weigh Disclosure Of Liability Insurance Status To Clients, Lisa Radtke Bliss
Faculty Publications By Year
No abstract provided.
Combating Cyberbullying: Emphasizing Education Over Criminalization,
2010
Indiana University Maurer School of Law
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response,
2010
Indiana University Maurer School of Law
From One [Expletive] Policy To The Next: The Fcc's Regulation Of "Fleeting Expletives" And The Supreme Court's Response, Brandon J. Almas
Federal Communications Law Journal
After the broadcast of the 2003 Golden Globe Awards, during which the lead singer from U2 uttered an expletive on national television, the FCC revisited its prior policy on the use of expletives on the airwaves and declared, for the first time, that "fleeting expletives" are offensive according to community standards and are therefore finable. In a lawsuit filed in the Second Circuit Court of Appeals, Fox Television Stations, Inc. along with a number of other broadcasters argued that the FCC's new policy was arbitrary and capricious under the Administrative Procedure Act and unconstitutional under the First Amendment. The Second …
