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The Anatomy of a Pantsuit : Performance, Proxy and Presence for Women of Color in Legal Education
Get PDFThis essay is intended to begin a dialogue on how the presence of women of color standing at the intersection of gender, race and class can don a pantsuit or not and still experience under-discussed social realities that influence the attainment of 21st Century leadership roles in the legal academy
Undoing the Damage of the Dew
Get PDFOver the past several decades, American consumption of carbonated soft drinks (CSDs) has increased dramatically. In 1947, Americans consumed on average two soft drinks per week.s By 1996, they consumed on average approximately two soft drinks per day. As a result, the CSD industry is, as of 2007, a $72 billion a year industry. There is a dark side to all of this consumption. Numerous studies link consumption of CSDs to various health problems,\u27 including: heart disease, obesity, osteoporosis, and dental harm, especially dental erosion. The main culprits causing the dental harm are not the cola CSDs but rather the non-cola drinks such as Mountain Dew. Mountain Dew\u27s effect on teeth even has a name: Mountain Dew Mouth, and the effect is devastating
Professionalism’s Triple E Query: Is Legal Academia Enhancing, Eluding, or Evading Professionalism?
Get PDFThe focus of this Article will be law schools\u27 specific role and responsibility in the propaedeutic instruction of professionalism in the legal community. This article is composed of five sections. Part II of this paper discusses the ubiquitous yet illusory definition of professionalism. Part III addresses the practicing bar\u27s approach to the issue of professionalism, reflecting in Subsection A on the public\u27s perception of lawyers, and discussing in Subsection B the response of the governing bodies to such perception. Part IV highlights the role of legal education in fostering professionalism, discussing in Subsection A the fertile ground for change in the first year of law school, and noting in Subsection B the relationship between law schools and the legal profession regarding the enhancement of professionalism. Part V provides suggestions to increase professionalism training in law schools
Credit Cards, Attorney\u27s Fees, and the Putative Debtor: A Pyrrhic Victory? Putative Debtors May Win the Battle But Nevertheless Lose the War
Get PDFThis Article addresses the current credit card industry and its detrimental impact on society, and it discusses the history and purpose of attorney\u27s fees, as well as the pitfalls in attorney\u27s fee legislation. It analyzes the case study under various state laws, with heavy emphasis on Florida and California law, then recommends a legislative change or judicial intervention to ensure that creditors incur financial responsibility when they erroneously sue consumers. With these changes, consumers are made whole when they must defend themselves against small claims lawsuits erroneously filed against them, so as not to become victims of needless debt
Kidney Transplantation: Only for the Well-to-Do?
Get PDFThe world of organ transplantation remains a wealthy one, especially in the United States. This is especially true for kidney transplantations, which involve the solid organ most in demand. Increasingly, transplant professionals desperately push for more solutions to overcome the organ transplant shortage that exists in the United States. Congress has introduced legislation that addresses the additional problem of the high cost of post-transplant anti-rejection medications by providing that the government will pay eighty percent of the cost for the post-transplant medications for life. But unless this bill passes and other needed changes are made, kidney transplantation remains an option primarily for the well-to-do
The Graying of the American Manufacturing Economy: Gray Markets, Parallel Importation, and a Tort Law Approach
Get PDFThis Article examines the history of the gray market in the United States through an analysis of both the domestic legislative framework and judicial treatment of gray market goods, primarily under trademark and copyright law. Part I of this Article provides a general introduction into the structural factors that cause parallel importation. Part II begins a discussion of trademarked goods by looking at the purposes of trademark law. Part III starts by discussing the relevant doctrines and provisions of the Copyright Act of 1976, which frame the gray market discussion. Part III concludes by examining the current debate and the unanswered question in Quality King Distributors. Finally, Part IV concludes by examining possibly the last viable means to exclude gray market goods from the United States: a tort action for intentional interference with performance of a contract by a third person
Money for Nothing and Music for Free? Why the RIAA Should Continue to Sue Illegal File-Sharers
Get PDFThe Recording Industry Association of America ( RIAA ) has sued over 35,000 people for illegal file-sharing music, or uploading and downloading music. The RIAA has sued anyone under its making available theory, or anyone who offers to distribute copyrighted music without the owner\u27s consent. However, the United States Circuit Courts of Appeals are split on whether copyright infringement occurs when a file is made available or when there is actual dissemination of a file. Due to this split, the RIAA has negotiated deals with internet service providers to penalize individuals who illegally share files. This article analyzes a recent decision, Capitol Records v. Thomas, and argues why the RIAA could not enforce its rights under a deal with ISPs. Furthermore, this article argues that the RIAA should continue to sue for direct infringement and contributory infringement. Finally, this article proposes a modification to section 101 of the Copyright Act