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The Sword of Damocles: How the Fair Use Defense Application Affects the Computer Programming Area
Get PDFI Am Woman, Hear Me Roar: Denial of Sexual Reassignment Surgery for Transgender Inmates and the Eighth Amendment’s Ban on Cruel and Unusual Punishment
Get PDFDefining Antisemitism
No full textAntisemitic harassment is illegal, but without a standard definition of what ‘antisemitism’ includes, that idea is almost meaningless. That is why state legislatures and university administrators across the country are debating enacting policies that adopt the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism. This Article will illustrate precisely how a state bill or a university policy utilizing the IHRA definition for assessing motivation when analyzing discriminatory conduct claims would actually function, so that critics can no longer vaguely claim that such policies would somehow offend the First Amendment. It will also explain the difference between protected political speech and thinly-veiled antisemitism and provide a case study to illustrate the very real danger of what can happen when perpetrators are allowed to confuse speech with acts and conflate politics with demonizing and discriminatory hatred
Incorporation by Reference in New York State
Get PDFIncorporation by reference is a traditional procedural mechanism that allows for actors at each level of government to include all or parts of a previously enacted law into the newer version of the law by simply including a statement stating that the second law should be treated as if it was part of the primary law. While incorporation by reference could facilitate and streamline legislation, New York has seemingly banned incorporation by reference in Article III, § 16 of the State Constitution. However, even though this ban is in place, there are several limitations and exceptions placed on the ban that make New York’s policy regarding incorporation by reference potentially difficult to follow due to the lack of uniformity in the law. This article will discuss the policy issues surrounding incorporation by reference in the New York state legislature, agency regulations, and local government regulations as well as the exceptions involved in those policy issues. Furthermore, this article will give various suggestions to fix the issues in New York’s incorporation by reference policy to make it more workable for the current legal environment
