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4 Dec 0001, 4:00 pm by Adam H. Cutler
The shutdown of the federal government has effectively closed the U.S. Environmental Protection Agency for business. According to the EPA’s September 27, 2013 Contingency Plan for Shutdown, 94% of the agency’s 16,205 employees are being furloughed effective today. Essential personnel, such as project managers in the Superfund program and others performing functions necessary to ensure the safety of human life and protection of property, will remain on the job. Certain exempted positions,… [read post]
18 Apr 2014, 2:00 pm by Gerry W. Beyer
Barry Cushman (Notre Dame Law School) recently published an article entitled, Tax Recognition, St. Louis University Law Journal, Vol. 58, p. 825, 2014. Provided below is the abstract from SSRN: This article was prepared for the St. Louis University Law... [read post]
18 Apr 2014, 1:20 pm by Law Student
When you enter law school, your health can  fall by the wayside as you spend 14 hours a day sitting in class and studying in a chair. Most law students struggle to find time to exercise. Many law students and attorneys are discovering the health benefits of exercise while they read or work on a computer. For example, some law students read on a stationary bike. It is also surprisingly easy to work on a computer  using a treadmill desk. It’s amazing how a steady pace of 2-3… [read post]
18 Apr 2014, 12:36 pm by Thaddeus Hoffmeister
Blackstone's Curse: The Fall of the Criminal, Civil, and Grand Juries and the Rise of the Executive, the Legislature, the Judiciary, and the States by   Professor Suja Thomas Abstract:      When we watch television and movies, criminal, civil, and grand juries are portrayed as performing significant roles in our government. It may come as a surprise to most Americans to learn that despite the presence of the jury in three different amendments in the Constitution, juries… [read post]
18 Apr 2014, 9:52 am by Jonathan Bailey
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Big Labels Take Aim at Pandora on Royalties First off today, Ben Sisario at The New York Times reports that the major record labels, including Sony, Universal and Warner Music, have filed a lawsuit against the Internet streaming service Pandora alleging that the service has refused to pay royalties for pre-1972 sound recordings that it streams. Before 1972, sound recordings were not protected under federal copyright… [read post]
18 Apr 2014, 9:05 am by Andrew Delaney
Paige v. Condos, 2013 VT 105By Andrew DelaneyThough there’s still some debate in certain circles, it’s generally accepted that Barack Obama was born in Hawaii—or as Springsteen put it Born in the U.S.A. President Obama’s mother was a U.S. citizen and his father was Kenyan. Nobody really disputes that. I even checked Wikipedia to be sure. The consensus is that if you’re born in the United States, you are a U.S. citizen. But this case is about whether President Obama… [read post]
18 Apr 2014, 8:43 am by Marco Schiavo & Kenneth Simmons
Most homeowner’s insurance policies don’t protect owners against flooding. For this reason, many people in flood-prone areas obtain insurance through the federal government’s flood insurance program. But thanks to a new law, flood insurance rates are set to go up, and in some cases they will see a dramatic increase. Here’s why: In the past, many people who obtained flood insurance received lower rates due to government subsidies. In effect, they were… [read post]
18 Apr 2014, 8:40 am by
A few days have passed since the Court of Justice of the European Union (CJEU) issued its decision in Case C-435/12 ACI Adam [here], ruling that Article 5(2)(b) of the InfoSoc Directive, read in conjunction with paragraph 5 of the same provision [this imported the 3-step test into EU copyright law], must be interpreted as precluding national legislations that do not distinguish the situation in which the source from which a reproduction for private use is made is lawful from that in which… [read post]
18 Apr 2014, 8:00 am by Doug Noll
Most people are exposed to coercion as their first conflict resolution process.  What child has not been punished by banishment to her room or bed without dinner?  Children quickly learn that personal autonomy is dependent upon personal power.  The bigger, stronger person usually will get his or her way.This lesson carries into adult life.  Many people see power as the means to exerting their will over others.  Instead of using collaborative processes, these people simply… [read post]
18 Apr 2014, 5:00 am by John White
An infringer can drag you through endless PTO rounds of attack, if necessary (taking into account the current stats, 1 round is likely enough!), and now the Judge will be equipped to create a series of high hurdles followed by summary execution. You think Tech Transfer has trouble with a Valley of Death attracting capital and enthusiasm now; just take their patents out and shoot them… that ought to help. Start-ups will have absolutely no basis in value except for a popularity contest.… [read post]
18 Apr 2014, 5:00 am by John White
An infringer can drag you through endless PTO rounds of attack, if necessary (taking into account the current stats, 1 round is likely enough!), and now the Judge will be equipped to create a series of high hurdles followed by summary execution. You think Tech Transfer has trouble with a Valley of Death attracting capital and enthusiasm now; just take their patents out and shoot them… that ought to help. Start-ups will have absolutely no basis in value except for a popularity contest.… [read post]
17 Apr 2014, 9:58 pm by Steve Baird
Apparently Elvis Presley was a well-known Beretta gun owner during his life, so I suppose his lips might have uttered the words “Beretta, thank you very much.” The King’s estate, however, isn’t thankful about an Elvis-themed advertising campaign designed to promote the sale of Beretta firearms. Ad Law Access reports that Elvis Presley’s Estate filed suit against Beretta for the ad below and other activities: Guns.com’s report is here. And,… [read post]
17 Apr 2014, 9:15 pm by
Duncan B. Hollis (Temple Univ. - Law) has posted Re-Thinking the Boundaries of Law in Cyberspace: A Duty to Hack? (in Cyberwar: Law & Ethics for Virtual Conflicts, J. Ohlin et al. eds., forthcoming). Here's the abstract:Warfare and boundaries have a symbiotic relationship. Whether as its cause or effect, States historically used war to delineate the borders that divided them. Laws and borders have a similar relationship. Sometimes laws are the product of borders as when national boundaries… [read post]
17 Apr 2014, 7:40 pm by Ezra Rosser
New Article: Eleanor Marie Lawrence Brown, The Blacks Who “Got Their Forty Acres”: A Theory of Black West Indian Migrant Asset Acquisition, 89 NYU L. Rev. 27 (2014).  Abstract below: The impediments to property acquisition and market success among African Americans are a significant area of inquiry in legal scholarship. The prevailing narrative on the historical relationship between Blacks and property is overwhelmingly focused on loss. However, in the political science, economics,… [read post]
17 Apr 2014, 4:12 pm by Yukiko Kojima
The Regents of the University of California (the "Regents"), on behalf of University of California, Merced ("UC Merced"), issued a Request for Qualifications today for the UC Merced 2020 Project (the "Project"). UC Merced is the newest campus of the University of California and is strategically situated in San Joaquin Valley at the foot of the Sierra Nevada near world-famous Yosemite National Park. The Project represents the second phase of campus development under UC Merced’s Long Range… [read post]
17 Apr 2014, 4:00 pm by Gerry W. Beyer
Karen E. Boxx (University of Washington School of Law) recently published an article entitled, Teaching Shakespeare in the Classroom: How an Annual Student Production of King Lear Adds Dimension to Teaching Trusts and Estates, St. Louis University Law Journal, Vol.... [read post]
17 Apr 2014, 2:06 pm by Jonathan Bailey
Plagiarism is an ethical misstep in any creative or academic field. However, it is also a field of academic study unto itself and is the subject of studies, research articles and more. Researchers are constantly probing the issue of plagiarism to try and find what the boundaries of plagiarism are, work to reduce the problem and find ways to detect issues that do arise. These are not easy tasks and many of the best minds on plagiarism will be meeting next month at the 6th International Integrity and… [read post]
17 Apr 2014, 1:51 pm by admin
April 17, 2014 Guest post by John Simpson (Shift Law – reprinted with permission) Canada’s Trade-marks Act is about to undergo its most significant amendments since it was first enacted in 1953. Even the spelling of “trade-mark” will change (to “trademark”).  Trademark practitioners and their clients should take note of the proposed changes (outlined below) as some will be relevant to trademark selection and prosecution strategy and enforcement decisions that… [read post]
17 Apr 2014, 1:15 pm by Daniel Zimberoff
Community association disputes—whether they involve owner-to-owner, owner-to-board, or association-to-third party—are no different than any other commercial dispute in that the overwhelming majority of them are resolved short of trial, and in many instances, without litigation altogether. But how do combative or contentious parties come together to reach a reasonable resolution? Many times the answer lies in alternative dispute resolution, or ADR, methods, and more specifically,… [read post]
17 Apr 2014, 1:05 pm by Jennifer Paul
By Jenny Paul, Roberta Anderson and Marty Stern  In a closely watched case, a federal district court judge last week ruled that the Federal Trade Commission has the authority to bring enforcement actions against companies for data security breaches as an unfair practice under the FTC Act.   The FTC brought suit against Wyndham Worldwide Corporation and several of its subsidiaries in 2012, alleging that the companies’ failure to maintain reasonable and appropriate data security… [read post]