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A Federal Right of Publicity to Navigate the Wild West of Generative AI Content
No full textThis Comment analyzes how generative Al content must be limited by the right of publicity and how such a right should be federally protected. Part II, Section A, discusses the history of federal copyright law in relation to state publicity laws. Part II, Section B, discusses the current circuit split regarding copyright preemption and advocates against preemption to allow for a federal right of publicity. Part UI, Section A, discusses the advantages of using generative Al as a tool. Part m, Section B, discusses the current legal implications of generative Al content. Part m, Section C, discusses First Amendment considerations in relation to generative Al content. Part IV offers the right to publicity as a solution to federally regulating generative Al through a balancing test with First Amendment considerations, such as fair use, parody, and commercial use. Lastly, Part V concludes with a brief overview of the proposed solution and how it will protect artists\u27 publicity rights in this new era of generative Al content
Washington Elements of an Action, 2023-2024 ed. (Vol. 29, Washington Practice Series)
No full textWashington Elements of an Action presents vital information to help you determine strategy and prepare for trial. It provides a valuable, time-efficient way to explore an unfamiliar case or topic area and offers substantive and practical overviews of more than 20 causes of action. Defenses, pleadings, jury instructions, and jury verdicts are discussed. Each chapter identifies the elements of an action, discusses how to investigate and analyze a given case, and suggests litigation strategies, potential remedies, and possible defenses.
Topics include:
Actions for abuse of process, Animals, Business torts, Contracts, Dram-shop liability, Employment, False imprisonment, Breach of fiduciary duties, Fraud, Government tort liability, Insurance bad faith, Intentional infliction of emotional distress, Libel and slander ,Malicious prosecution, Medical malpractice, Negligence, Nuisance, Premises liability, Privacy, Products liability, Wrongful deathhttps://scholarship.stu.edu/faculty_books/1033/thumbnail.jp
Front Matter
No full textFront Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 36, Issue 1, Fall 2023
Dog Owners Deserve Public Housing: Why Florida\u27s Dog Breed Restrictions Are Discriminatory and Should Be Repealed
No full textThis Comment analyzes why dog breed restrictions are discriminatory and ineffective, and how responsible dog owners throughout Florida lack access to inclusive public housing laws. Part II provides background on the breed-specific ordinances in Florida and Public Housing Authorities, including history and definitions. Part III discusses why breed-specific legislations are ineffective, and Florida’s recent attempts to eliminate them. Part IV considers three solutions to trump over Florida’s dog breed restrictions and aid dog owners during the current housing crisis. Lastly, Part V will summarize and conclude the analysis throughout the Comment
Stepping up Basis in Living Taxpayer Assets with Upstream Wealth Transfers through Intentionally Defective Grantor Trusts
No full textThis paper will begin with a brief background discussion on the tax and estate planning principles underlying the legality of the wealth transfer including (A) the Taxable Gross Estate; (B) the Unified Tax Credit against the Estate and Gift Tax; (C) Basis and Adjustments; (D) Defective Grantor Trusts; and (E) Downstream Sale Combined with a Grantor Trust. The paper will then discuss the absence of guidance from the IRS on the legality of these trust structures and finally conclude that the IRS should allow wealth preservation through the transactions described herein because the current Code, properly construed, allows for it
Claim Denied - Access Denied: The Black Wall Street Insurance Grift
No full textThe subject of Corporate Reparations has gained noteworthy momentum in recent years. The murder of George Floyd at the hands of former police officer Derek Chauvin in 2020 galvanized major United States corporate leadership into thinking about and committing to playing a sizeable role in ending systemic racism and bringing economic equality and social justice to the nation.Doug McMillon, Chief Executive Officer (CEO) of Fortune #1 company Walmart, Inc. expressed as much when he stated in the wake of the George Floyd summer of protests: What I’ve come to realize is that it wasn’t just the physical weight of the officer that killed George Floyd. The forces at work were much greater. Behind the weight of the man was the weight of society — the weight of institutions and structures in which systemic inequity and injustice are engrained. The weight that killed George Floyd also was the weight of history — 400 years of discrimination against Blacks in this country. Together, these forces conspired to crush him. That weight needs to be lifted. . . . It will take broad cooperation of leaders from every sector of society working together to create a force sufficient enough to bring about the necessary change. So that’s what we’re doing. True to his word, CEO McMillon and Walmart created shared value networks and racial equity divisions within its employee ranks, while committing 1.38 million to theCenter for Racial Justice and Criminal Justice Reform at the University of Arkansas at Little Rock William H. Bowen School of Law. . . . CEO McMillon is not alone. Hundreds of corporate executives made powerful statements and massive financial commitments to equality and justice in the wake of the police killings of George Floyd, Breonna Taylor and Rayshard Brooks in the summer of 2020, including CEO Jamie Dimon at J.P. Morgan Chase. Dimon, after committing Chase to investing $30 billion combatting racial inequities primarily in Black and Latinx communities, stated:“Systemic racism is a tragic part of America’s history. . . . We can do more and do better to break down systems that have propagated racism and widespread economic inequality, especially for Black and Latinx people. It’s long past time that society addresses racial inequities in a more tangible, meaningful way.”Of these hundreds of corporate leaders that made similar statements and financial commitments, many began immediately executing on those promises. Today, it remains unsettled whether these corporate commitments will continue to be honored and executed, particularly in the “woke” backlash era that has emerged in the wake of the George Floyd summer that led to so many pledges of support for social justice. The results and outcomes of the formidable corporate commitments have been mixed thus far. Many of the companies that made enormous dollar commitments in 2020, did so in a way that benefits the committing firm directly in profit potential as much as it benefits the damaged communities. Further, many corporations have been wary to invest directly in Black Lives Matter and in organizations committed to reforming policing or criminal legal system reform.Critics agree that 400 years of corporate discrimination cannot be overcome and reversed with pledges, commitments, and wary contributions. Still, the corporate commitments made in the aftermath of George Floyd’s murder remain a watershed moment in U.S. history. In an environment where corporate leadership is recognizing that U.S. corporations have a role to play in ending systemic racism and in some instances are even acknowledging the roles that their corporations have played in perpetuating inequality, discrimination, and racial wealth gaps, will Corporate Reparations take root in meaningful and healing ways?In deliberating on the potential for powerful change, one is confronted with the conundrum of what can be done about corporations and economic sectors that have historically engaged in blatant racial discrimination and to this day continue to ignore calls to repair the historical damage that these companies have done to communities of color, and particularly black communities. This article examines and evaluates one of the primary corporate sectors that engaged in disabling historical discrimination that visited severe harm on communities of color, and in particular the black community—namely the insurance industry.Using the 1921 Tulsa Race Massacre as a backdrop, we seek to provide a clarion call to insurance companies, many that continue in existence today, to own up to and begin to repair the debilitating harm that they perpetuated more than 100 years ago. Much has been written in recent years on the racially motivated atrocities and massacres of the early 19th century. However, save for those scholars viewing the events, in part or in whole, through the critical lens of racial capitalism in its myriad academic forms, less attention has been paid to the industries and businesses who directly or indirectly benefitted from the atrocities specifically, and white supremacy and government-back oppression broadly. Fortunately, through the work of activists, survivors, and archivists, this is less true of the 1921 Tulsa massacre, and it is to that atrocity that we return our attention here.In an effort to better understand the intertwining and commingled relationship between the U.S. state and the insurance industry, from the colonial period to Tulsa to the present, we hope to continue a conversation within and among the legal profession about the often-blurred line between legal, “constitutional” political institutions and the corporations and industries they charter and, ostensibly, leave relatively free to participate in commerce as they please but often prop up, take lead from, and even unintentionally wind up benefitting all at the expense of the population the political institutions are intended to govern of, by, and for.By first sketching a brief history of insurance in the United States, from its British maritime origins through the early standardization of fire insurance rates in the late 19th century, we will better understand the historical role of insurance in the United States, despite the industry so often remaining behind the scenes. We can then turn to Tulsa specifically and learn more about the insurance policies taken out by businesses and individuals on Black Wall Street in the early 20th century, what they expected to be covered by those policies, and why all claims made against those policies following the Tulsa Race Massacre have so far been denied.After then examining the scale of the destruction at the time and its lingering aftermath, we will tune our ears to the echoes of insurance and injustice which continue to ring today. Following examination of such echoes, the question is begged, whether the insurance industry will take stock and decide to affirmatively repair the historical atrocities the industry has visited upon black Americans
Indigenous Peoples: The Battle over Definition
No full textFor 40 years Lindy Melman has been a publisher in heart and soul. Some of the authors she encountered along the way have dedicated an essay to her to celebrate this milestone.This book contains essays written by leading human rights and international law scholars from different parts of the world, discussing a wide range of topics, from indigenous peoples to the persistent relevance of the travaux préparatoires of the Genocide Convention and the conflict between EU law and international investment law
Children\u27s Picture Books and the Rule of Law: The Jurisprudence of The Poky Little Puppy
No full textBook: Human Flourishing: The End of Law
Chapter Description:
In exploring the jurisprudence of the Poky Little Puppy, this article will first provide some brief background on children\u27s picture books and the publication history of The Poky Little Puppy (including its long-running best-seller status, its place within the Little Golden Books publishing imprint, and a summary of the plot and illustrations). Second, this article will interrogate the jurisprudence of the text, including analysis of the text\u27s construction of responsible citizens and its sometimes puzzling message about the nature of rights and duties under the rule of law. Finally, we will conclude by exploring the relationship between law and love in the text. The dialogic possibilities inherent in the way in which picture books are consumed (typically, an adult reads the picture book to a young child, in an act of loving engagement) means that stories about rules have potential to be part of an ongoing conversation about law and justice between adult and child.https://scholarship.stu.edu/faculty_book_chapters/1039/thumbnail.jp
Fraternity in the Law as a Means of Human Flourishing
No full textBook: Human Flourishing: The End of Law
Chapter Description:
May this essay on fraternity honor my very good friend and colleague, Siegfried Wiessner. He has devoted his life to the encouragement of fraternity through-out the world. His steadfast devotion to this noble goal, coupled with his compassion, integrity, powerful intellect, and strong work ethic, has inspired meand so many others on our own moral and intellectual journeys. Contrary to most Festschrifts which are offered upon retirement or death, this one isoffered as a milestone along the way of a brilliant career. May God bless your continuing good work, Siegfried, in the many years ahead.https://scholarship.stu.edu/faculty_book_chapters/1040/thumbnail.jp
Front Matter
No full textFront Matter includes Masthead, advisors, and Table of Contents for the Intercultural Human Rights Law Review Volume 18 (2023)