Goodman & Chen on Digital Public Media & Broadband Adoption
Ellen P. Goodman & Anne Chen (Rutgers University - Law School & University of Pennsylvania and Yale University - Information Society Project) have posted Digital Public Media Networks to Advance Broadband and Enrich Connected Communities on SSRN. Here is the...
Posted on: 18 March 2010 | 10:26 am, Author: Lawrence Solum
The Geographic Reach of Federal Law...
Last week, I blogged about an amicus brief that Max Huffman and I are about to file. The amicus brief involves the issue of how courts should approach questions of legislative jurisdiction and the extraterritorial reach of federal laws (post here). I thought I would continue the conversation about extraterritoriality and note three excellent articles that were recently posted on SSRN. Jeff Meyer of Quinnipiac wrote the first article. Chimene Keitner at UC Hastings wrote the second. Anthony Colangelo of SMU wrote the third. The issue of when U.S. laws reach conduct outside U.S. borders and the role territoriality should...
Posted on: 18 March 2010 | 7:09 am, Author: Austen Parrish
Full Senate passes bill to reduce (but not eliminate) crack/powder disparity
As detailed in this AFP report, the full "US Senate Wednesday unanimously approved legislation to reduce 20-year-old sentencing disparities for offenders caught with crack cocaine versus the drug in its powder form." Here are more of the basics: The bill,...
Posted on: 18 March 2010 | 6:30 am, Author: Doug B.
Rust on Review of Federal Sentencing Decisions
Craig D. Rust (George Mason University School of Law) has posted When ‘Reasonableness’ is Not so Reasonable: The Need to Restore Clarity to the Appellate Review of Federal Sentencing Decisions after Rita, Gall, and Kimbrough (Touro Law Review, Vol. 26,...
Posted on: 18 March 2010 | 6:03 am, Author: Lawrence Solum
Should universities create separate tracks for teaching profs versus research/scholar profs?
That's the idea floated in this article from Inside Higher Ed called "Different Paths to Full Professor." According to the article, E. Gordon Gee, the president of Ohio State, has been asking whether it's time to reconsider the way tenure...
Posted on: 18 March 2010 | 6:01 am, Author: Adjunct LawProfs
The Blackberry Lawyer
Virtual Escape is an interesting Feb. 2010 article from the ABA Journal. the article points out that four fifths of lawyers, that's 80%, use a Blackberry or some other smart phone. This is changing the way we practice. Sure we...
Posted on: 18 March 2010 | 6:00 am, Author: Adjunct LawProfs
Social Networking Legal Work
Tweet Deals is an interesting Feb. 2010 ABA Journal article that highlights the fact that social networking sites such as FACEBOOK are generating legal work in the fields of advertising and marketing fields of law. Presumably copyright and defamation type...
Posted on: 18 March 2010 | 6:00 am, Author: Adjunct LawProfs
2d Issues Major Retaliation Case In Context of Reverse Discrimination Claim
Hicks v. Baines, ___F.3d___(2d Cir. Feb. 2, 2010), is a major retaliation case decided in the context of a claim of reverse discrimination. In a lengthly and well written decision, the 2d Circuit holds that plaintiff stated a cause of...
Posted on: 18 March 2010 | 6:00 am, Author: Adjunct LawProfs
Refusal To Accept Offer Of Employment Disqualifies Individual From Unemployment
Matter of Ruiz v. Commissioner of Labor, ____A.D. 3d___ (3rd Dep't. Feb. 4, 2010), demonstrates an important principle of employment law. A claimant cannot unreasonably deny substantially equivalent employment. As the court explained: "A claimant who refuses to accept a...
Posted on: 18 March 2010 | 6:00 am, Author: Adjunct LawProfs
Notable split Fourth Circuit ruling rejects various challenges to federal death sentence
The majority of a Fourth Circuit panel today in US v. Caro, No. 07-5 (4th Cir. Mar. 17, 2010) (available here), rejects various challenges to a federal death sentence. And, as detailed in this first paragraph of the dissent by...
Posted on: 18 March 2010 | 5:58 am, Author: Doug B.
Third Circuit upholds bar on sexting prosecution threatened by state DA
The National Law Journal has this new piece, headlined "3rd Circuit Bars Prosecution Threat for Teen 'Sexting': Panel also found former DA had violated parents' rights by usurping their roles," which reports on this notable ruling today from the Third...
Posted on: 18 March 2010 | 5:11 am, Author: Doug B.
Defamation, or Just Masturbation?
Here's the link to a news article describing an interesting lawsuit brought by former model Irina Krupnik in Manhattan Supreme Court against NBC Universal and Universal Pictures Co. Ms. Krupnik is disgruntled, and understandably so, because a bikini-clad photo of her was used as a masturbation aid by a "purposely unattractive male" character (played by Jon Favreau) in the movie Couples Retreat. Although Ms. Krupnik had signed a release allowing use of her photos by stock photo agencies, her lawyer contends that "[i]n no way at all did she even remotely expect the [photos] to turn up in some raunchy...
Posted on: 18 March 2010 | 3:39 am, Author: Lyrissa Lidsky
Blumm & Ruhl on Huffman on Blumm & Ruhl on Lucas v. South Carolina Coastal Commission
Michael C. Blumm and J. B. Ruhl (Lewis & Clark Law School and Florida State University College of Law) have posted Background Principles, Takings, and Libertarian Property: A Response to Professor Huffman on SSRN. Here is the abstract: One of...
Posted on: 18 March 2010 | 2:08 am, Author: Lawrence Solum
Chafetz on Impeachment & Assassination
Josh Chafetz (Cornell Law School) has posted Impeachment and Assassination (Minnesota Law Review, Vol. 95, 2010) on SSRN. Here is the abstract: In 1998, the conservative provocateur Ann Coulter made waves when she wrote that President Clinton should be either...
Posted on: 17 March 2010 | 11:24 pm, Author: Lawrence Solum
Taxing Punitive Damages, coming soon
My colleague Gregg Polsky and I have a piece called Taxing Punitive Damages that we're pretty excited about, which we've just uploaded finally to SSRN. It's a draft and so we welcome comments and feedback. I may take the liberty of sharing some more of the paper in some coming posts, but in case I don't get to that soon, here's the link to the whole thing, and the abstract appears below: There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they believe will best “punish” the defendant. But, in...
Posted on: 17 March 2010 | 10:58 pm, Author: Dan Markel
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