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Williams v. Gaye: Further Blurring the Lines Between Inspiration and Infringement
Get PDFPart I of this Note outlines the factual and procedural history of Williams and discusses the Ninth Circuit’s analysis in its first and second opinions. Part II discusses the historical background of copyright law in the United States, namely the Copyright Act of 1909 and the Copyright Act of 1976. Additionally, this section explains the structure of a music copyright infringement suit, including the elements required to make a successful infringement claim.
Part III argues why courts should presume access in music copyright infringement cases, and subsequently, abandon the inverse-ratio rule. The inverse-ratio rule should be abandoned because people’s access to music has never been easier in today’s digital world. A plaintiff’s burden to prove substantial similarity between the plaintiff’s song and the defendant’s song, should not be diminished as a result of the defendant’s access to the plaintiff’s song. Instead, a defendant’s access to a particular song should be presumed in copyright infringement cases. This Note does not argue that the access requirement is unnecessary in such cases. Access is still necessary for copying because one cannot copy what one has never seen. However, it does not necessarily follow that more access increases the likelihood of copying
GREEN GARBAGE: A STATE COMPARISON OF MARIJUANA PACKAGING AND WASTE MANAGEMENT
Get PDFThis article provides a brief historiography of legislative prejudice against marijuana to provide greater context as to why marijuana laws are strict, excessive, and improperly motivated, leading to environmental concerns that could be mitigated. The article compares waste management, packaging, and labeling regulations in the ten states that have legalized commercial marijuana. This comparison allows us to explore two sides of the same regulatory coin, showing examples of excessive and environmentally harmful regulations on one side, while highlighting regulations that should serve as exemplars for future legislation on the other. Also included are some of the industry practices and community feedback to shed light on the regulations in practice. Hopefully this article can contribute to moving the needle towards a more equitable and sustainable regulatory system of the marijuana industry
The Pharmaceutical Industry’s Corrupt Price Discrimination System: A Single Solution?
Get PDFThe patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue of the exhaustion of intellectual property rights.” As a result, some countries have adopted a “national exhaustion” regime, where only a domestic sale triggers exhaustion, but other countries have adopted an “international exhaustion” regime, where sales in foreign countries trigger exhaustion. The European Union (“E.U.”) opted for a regime of “regional exhaustion,” whereby the authorized sale of a patented product in any E.U. country exhausts patent rights throughout the E.U., but patent rights in the item survive to prevent resale outside of the E.U
Fall 2020 Race & Justice Task Force Campus Read - Nickel Boys
Get PDFGGU Law Race & Justice Campus Read event:
Please join the GGU Race & Justice Task Force as we collectively examine how our lives are impacted by race, racism, and economic inequality by reading and discussing books that help navigate our journey towards justice and equity
Environmental Justice Law, Policy & Regulation, Third Edition
No full textAuthor of section in chapter 13: Citizen Enforcement and Common Law Remedies. Section: Respect for Community Narratives of Environmental Injustice: The Dignity Right to Be Heard and Believed.
Environmental Justice: Law, Policy, and Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. It covers everything from early concerns over toxic waste in minority communities to environmental justice and the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico.
Featuring new chapters addressing disaster justice and food justice, this new edition also expands coverage of environmental enforcement, contaminated sites, climate justice, and environmental justice in Indian country, all with an eye towards identifying modern challenges and available tools for the continuing pursuit of environmental justice.
This book is available in the Law Library at: https://library.ggu.edu/record=b1741273~S0https://digitalcommons.law.ggu.edu/book_chapters/1053/thumbnail.jp
What Combination of Public Private Partnerships Are Needed in Rural, Unincorporated Communities to Ensure Youth, Young Adults and Families Have Equitable Access to Services? A Case Study of West Marin County, California
Get PDFAccess to essential services can save lives when distributed equitably across a vast rural geographic area. In West Marin, youth, young adults (Y/YA) and families have uneven access to essential services because of poorly integrated and discoordinated service delivery systems between government, private sector and non-profit stakeholders. Limited access to coordinated support through school districts exist with some consistency but for families, youth, young adults and the greater good of the community, more could be done to collaborate with school districts, community-based organizations, recreation centers, healthcare campus\u27, mobile clinics, food pantries, community centers and others during non-school time. Access through a known network of essential services will support a resident population in crisis and shape a community not in crisis. Much funding directed from a local government exists to disrupt risk factors such as food insecurity, domestic violence, anxiety, depression, homelessness and underage substance use. Essential protective factors include protection, food access, shelter, transportation, healthcare services and crisis support for vulnerable populations. In 2018, San Geronimo Valley Community Center in West Marin (WM) utilized two Marin County Health and Human Services grants to produce a Needs Assessment that established a baseline of resiliency in rural WM. For the first time, all four rural Hub areas were engaged with a regional process focused on youth and young adults and key sector partners. Together, a community learned how best to respond to unmet needs of this population. The data was integrated into the WM Case Study. In 2020 a West Marin Survey produced a data set to support or challenge the 2018 Findings. The study confirms there is sufficient capacity to increase Y/YA and family’s networks to allow for growth and inclusion as a result of being integrated into a rural and unincorporated region that promoted access and equity
An Evaluation of Monterey County’s Lactation Policy
Get PDFLactation in the Workplace Policies are currently administered by federal, state, and county governments to provide benefits for working parents and protections to women in the workplace when returning to work. Accommodations include designated lactation spaces and anti-discrimination supports for working parents. Monterey County has its own policy in place to support the many laws and acts protecting the rights of its employees. Detractors of the policy state the policy is not adequate, and additional steps can be taken to enhance its accommodations and policy. Proponents of the policy state the County is in compliance with state and federal laws. A review of statistics via the use of surveys and key informant interviews can support in determining whether the current Monterey County Maternity Leave and Lactation Policy is effective
Anti-Immigration Laws Obstruct the Education of Undocumented Students
Get PDFAnti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”
Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws: (1) Alabama’s HB 56, Beason-Hammon Alabama Taxpayer and Citizen Protection Act; and (2) California’s Proposition 187, Save our State Initiative. After demonstrating how anti-immigration laws displace undocumented students, Part IV offers recommendations for the inclusion and advancement of these students in higher education