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The Federal Home Loan Banks Approach 100: Evolution from Housing Lender to Liquidity Provider
No full textDesigning Sanctuary
No full textIn recent decades, a growing number of cities in the United States have adopted “sanctuary policies” that limit local participation in federal immigration enforcement. Existing scholarship has focused on their legality and effect, especially with respect to our nation’s immigration laws. Largely overlooked, however, is the local process through which sanctuary policies are designed and the reasons why cities choose to adopt them through city ordinances, mayoral orders, or employee handbooks. This Article argues that municipal sanctuary policies are far from uniform, and their variation reflects the different local interests and institutional actors behind their adoption and implementation. More specifically, municipal sanctuary policies can be broadly categorized into three models: administrative sanctuary, political sanctuary, and silent sanctuary. Each of these models reflects a specific approach in how cities choose to balance their political relationship with residents, their administrative relationship with employees, and their intergovernmental relations with the state and federal government. Moreover, these three models correspond with different eras in sanctuary’s development and anti-sanctuary responses at the state and federal level. This typology highlights the structural and institutional forces that have contributed to the diversity of sanctuary policies in the United States. In addition, it calls into question many of the assumptions in the sanctuary literature about the assessment of sanctuary policies, the goals of anti-sanctuary efforts, and the effect of all of this on local policymaking
Desettling Fixation
No full textScholars have long contemplated how the effects of colonialism have permeated even race “neutral” laws. This Article scrutinizes the ways Eurocentric copyright systems have failed to protect, and have even encouraged, the unauthorized uses of indigenous heritage in derivative subject matter, exposing how settler colonialism in copyright law has entrenched an unequal hierarchy among communities seeking copyright protection. Due to its ephemeral nature, intangible cultural heritage constantly faces the threat of exploitation by dominant cultures. The intangible heritage of indigenous groups has been particularly vulnerable to illicit and uncompensated commodification. Intangible heritage, such as oral histories and traditional dances, is often of great social, psychological, and political importance for indigenous communities. The current national and international legal regimes have failed to protect indigenous communities from the misappropriation of their cultural resources.
Building on a comparative analysis of the fixation requirement in other countries, this Article proposes a reformation of the “fixation” requirement in American copyright doctrine, which requires a work to be “sufficiently permanent” for a period of “more than a transitory duration.” By allowing authors to establish copyright in ephemeral works, communities may be able to protect more effectively their intangible cultural heritage from commodification and misappropriation. This Article joins the call for reconsidering how copyright law reinforces structural inequities and proposes a novel solution. This Article is the first in legal literature to apply the process of desettling to a legal problem derived from settler colonialism. Through the desettling of fixation in copyright law, true “progress” can be realized
What is the Best Candidate for a Post-Moore Constitutional Challenge?
No full textOn December 5, 2023, the Supreme Court heard oral arguments in Moore, the case challenging the constitutionality of the mandatory repatriation tax enacted in 2017 (section 965). Most of the justices\u27 questions focused on the potential collateral consequences from requiring realization as a constitutional matter, and the majority seemed inclined to avoid the constitutional issue by focusing on the fact that the income in Moore was realized and that section 965 simply followed a long list of precedents by attributing this corporate income to shareholders in a closely held corporation
The Kids Are Not Alright: A Look into the Absence of Laws Protecting Children in Social Media
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No Flash Photography Please: An Analysis of Corporate Use of Street Art Under Section 120(a) of the AWCPA
No full textStreet art and graffiti are pervasive artforms found throughout the world and throughout history. While the artforms have been associated with crime and vandalism in the past, they have increasingly been featured in different capacities from art galleries to corporate marketing campaigns. With street art’s growing recognition and popularity, corporations have begun to use the medium to target new customer bases. In some situations, the use of artwork in marketing campaigns is unsanctioned by the artist. Therefore, courts have now begun to examine the balance between copyright protection for street artists and the corporate use of street art. Section 120(a) of the Architectural Works Copyright Act of 1990 (AWCPA) provides a limited panorama right to take pictorial representations of architectural works that are visible to the public without fear of copyright infringement. Specifically, the Central District of California and the Eastern District of Michigan have grappled with the copyright protections for street art appearing on buildings in the background of ad campaigns and Section 120(a).
This Note argues that the exemption found under Section 120(a) should be limited to noncommercial uses of street art in order to balance street artists’ copyright interests with the relative resources of companies that wish to use the artwork. Limiting Section 120(a) to noncommercial uses would also align with the congressional intent behind the exemption and would be analogous with other Berne Convention signatory countries who also provide a limited panorama right for noncommercial uses. Courts and the general public have recognized the valuableness of street art and graffiti. Therefore, street art should receive increased copyright protection similar to other artforms
Introduction: Medical-Legal Partnerships: Equity, Evolution, and Evaluation.
No full textThe COVID-19 pandemic laid bare systemic inequities shaped by social determinants of health (SDoH). Public health agencies, legislators, health systems, and community organizations took notice, and there is currently unprecedented interest in identifying and implementing programs to address SDoH. This special issue focuses on the role of medical-legal partnerships (MLPs) in addressing SDoH and racial and social inequities, as well as the need to support these efforts with evidence-based research, data, and meaningful partnerships and funding