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Black\u27s Law Dictionary, Tenth Edition
No full texthttps://commons.law.famu.edu/faculty-books/1017/thumbnail.jp
“What He Said.” The Transformative Potential of the Use of Copyrighted Content in Political Campaigns —or— How a Win for Mitt Romney Might Have Been a Victory for Free Speech
Get PDFIn January 2012 Mitt Romney’s campaign received a cease-and-desist letter charging, among other things, that its use of news footage concerning Newt Gingrich’s ethics problems in the House of Representatives constituted a violation of NBC’s copyright. This is just the latest such charge and came amidst similar allegations against the Gingrich and Bachmann campaigns and in the wake of similar allegations against both the McCain and Obama campaigns in 2008. Such allegations have plagued political campaigns as far back as Reagan’s in 1984. The existing literature is nearly devoid of a consideration of such uses as political speech protected by the First Amendment. Rather, scholars tend to focus on fair use. Courts have considered this question very rarely and also tend to concentrate on fair use. Because these cases rarely progress to decisions, there is little to be said of what courts have done but much to be said of what they ought to. This Article engages in a thought experiment of laying out the legal analysis in the case that will never be—NBC v. Romney—arguing that when copyrighted content is marshaled to advance a political message, copyright ought to yield to the First Amendment
Full of Hot Air: Why the Atmospheric Trust Litigation Theory Is an Unworkable Attempt to Expand the Public Trust Doctrine Beyond Its Common Law Foundations
Get PDFThe issue of climate change has been a major feature in public discourse for more than twenty-five years and the debate has vociferously engaged scientists, politicians, and the general public. Climate change is impacting the local, state, national and global levels,ranging from the loss of coastal land in Massachusetts to the loss of permafrost in Alaska. The challenge to addressing the crisis that these climate change impacts are presenting has inspired various proposals, both legal and scientific. The 2012 case Alec L.v. Jackson has brought the issue of Atmospheric Trust Litigation and potential claims for injury due to climate change to the forefront. This article analyzes the Atmospheric Trust Litigation theory for its viability as a potential remedy to address the issue of climate change by looking at the potential obstacles presented by the Public Trust Doctrine
Tales of Color and Colonialism: Racial Realism and Settler Colonial Theory
Get PDFMore than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution\u27s guarantee of equal protection remain elusive. This article argues that the racial realism advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative\u27s depiction of the United States as a nation of immigrants with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not exist without the occupation of Indigenous lands, and those lands could not be rendered profitable without imported labor. Employing settler colonial theory, this article identifies some of the strategies of elimination and/or subordination that have been-and continue to be-used to subjugate Indigenous peoples, Afrodescendants, and migrants of color in order to further settler state goals and maintain a racialized status quo. It suggests that further analysis of these strategies will help us find common ground in the diverse experiences of those deemed Other within the United States, and that exercising our internationally recognized right to self-determination- a primary tool of decolonization-may prove more effective than formal equality in dismantling structural racism
Bitcoin, the Law and Emerging Public Policy: Towards a 21st Century Regulatory Scheme
Get PDFBitcoin is the world\u27s first decentralized digital currency. According to Lawrence Lessig, cryptography is the most important technological breakthrough in the last one thousand years and will be transformative. Bitcoin, capitalizing on cryptography, is a revolutionary digital currency protocol--a software system capable of tracking financial transactions without the need for a third party intermediary. The Bitcoin software is a community-driven open source project released under an MIT license.”
This paper begins by briefly reviewing the mechanics of Bitcoin in Section I. Section II then surveys the rapidly expanding uses of Bitcoin, as well as the emerging application of Bitcoin. Since all new technologies face risk and downside, Section III will address a few of the risks and the highly publicized dark side of Bitcoin. Finally, Section IV will break down how the various governments have initially assessed this new technology and discuss policy implications going forward, as well as touch on the parameters for a twenty-first century regulatory framework by addressing emerging legal and policy issues. As the implementation of Bitcoin and other digital currencies continues, public policy makers should be encouraged to step back and assess the impact of the nascent technology prior to implementing regulatory schemes based upon pre-existing laws based upon outdated assumptions. The multiple applications of the emerging technology suggests policymakers take an innovative approach and adopt public policies and legal frameworks that accommodate the entire scope of its application. The new public policy formulates a regulatory scheme based upon a holistic understanding of the full range of characteristics of Bitcoin and digital currencies. Policymakers, starting with U.S. Congress and state legislatures, should develop public policies that recognize Bitcoin and digital currencies as possessing all of the following characteristics: currencies, payment systems, commodities, properties, investments, systems of commerce, and even systems of contracts. As this dynamic Smartmoney emerges, so emerges the requirement for a new innovative approach to laws and regulations: smart government
Is the Human Right to Water in Pennsylvania Fracked? An Analysis of the Pennsylvanian Right to Water in the Hydraulic Fracturing Context and a Proposal for Reform Based on French and Ontario Environmental Rights Statutes
Get PDFEco-Migration and Vulnerability: Linkages between Human Rights Protection and Environmental Governance in Georgia
Get PDFSex Trafficking Laws in East Tennessee
Get PDFThere was a time in U.S. history when opponents of the trans-Atlantic slave trade had to convince the watching world that slavery was horrid and against the laws of humanity. Today, modern-day abolitionists are attempting to make a sleeping world aware that slavery still exists. There are approximately 27 million people currently enslaved in the world today. It is a problem that our own community cannot ignore, because slavery exists in East Tennessee and is thriving. Slavery in East Tennessee takes the form of sex trafficking, in which women and children are bought and sold as property for the sexual pleasure of the “buyers.” Those most vulnerable to being caught up in this practice are run-away children. Many, once bought by a pimp, are moved around from location to location and sold daily to strangers. East Tennessee’s heavily frequented interstate roadways and highly populated tourist spots make this area a hot bed for this type of criminal activity. Pimps are able to operate in this area and go relatively unnoticed. But their victims are caught in a daily web of systematic abuse, drugs and brutality. Johns are able to “purchase” woman and children on Internet websites and remain relatively anonymou
Stuart v. Hertz Corp. and Its New Jury Instruction: Dump the Case and Clunker that Old Rental Car
Get PDFThe Florida Supreme Court has allowed new Standard Civil Jury Instructions ( SCJI ) recommended by its Committee on Civil Jury Instructions. 2 In allowing these new instructions, however, the Court chose to not actually give its seal of approval to the Instructions set out in 501.5. 3 Thematically, these SCJI deal with the tort law concept of Other Contributing Causes of Damages
How to Achieve Success After the Bar Exam: A Step-by-Step Action Plan
Get PDFSo you’ve taken the bar exam. Now what? How to Achieve Success After the Bar Exam will guide recent law-school graduates as they make the crucial transition from student to lawyer. Through week-by-week activities and practical advice, this book will help recent grads define their career vision, seek out networking opportunities, demonstrate their value to potential clients, develop accountability, and think like a businessperson. How to Achieve Success After the Bar Exam will help you:
Create an eight-week action plan to jumpstart your legal career
Become the CEO of your life
Build a network and forge alliances that can help you
Develop professional expertise
Learn the basics of law practice management
Understand how to work with your future clients
Learn the business aspects of law, including marketing and profitability
Plan strategically for the futurehttps://commons.law.famu.edu/faculty-books/1014/thumbnail.jp