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Marybeth Peters Is Almost Right: An Alternative to Her Proposals to Reform the Compulsory License Scheme for Music
Get PDFSince Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.
With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant to agree on how to implement that change
This article will discuss some of the major changes proposed to 17 U.S.C. §§ 114 and 115. Part II presents a brief history of compulsory licenses as background for the current state of the law and the perceived need for change. Part III provides a summary of Marybeth Peters\u27 proposals. Part IV discusses the current status of § 114 and the pending legislation to expand the scope of performance royalties for sound recordings. Part V contains the author\u27s proposals to modify Sections 107, 114, and 115
Where Are Your Papers? Photo Identification as a Prerequisite to Voting
Get PDFRemember the old war movies? Richard Attenborough or William Holden is slowly walking down misty Parisian streets, the collar of his trench turned up, the brim of the fedora pulled low. A black sedan screeches around the corner and screams to a stop in front of him before he has time to react. Soldiers bound from the car, pistols drawn, and bark Vhere are your papers? When did America become this movie? The U.S. Supreme Court will take up this question this term. This article explores five recent state laws, from Indiana, Arizona, Georgia, Michigan, and Missouri requiring citizens to present proof of identity, in the form of a government issued photo identification card, as a prerequisite to voting in a polling place on Election Day. In Crawford v. Marion County Elec. Bd., the Seventh Circuit upheld an Indiana election law that required virtually all voters to show a government-issued photo identification in order to vote on Election Day. On September 25, 2007, the United States Supreme Court granted the petition for a writ of certiorari in Crawford and will decide the constitutionality of these so-called voter identification laws. This article examines these laws under the First and Fourteenth Amendment and concludes that these statutes, although they do not impose a severe burden on the right to vote, should nonetheless be invalidated
2008 Hooding Ceremony Program
Get PDFhttps://commons.law.famu.edu/hooding-ceremony-programs/1003/thumbnail.jp
Non-Education in America: Gateway to Subsistence Living
Get PDFDropout rates are the proverbial canary-in-the-coal-mine. If ever there was a predictor of poverty, discrimination, abuse, neglect, inability to parent-in short the suffering of an entire generation-it is the lack of experience and education we are affording our minority students. This lack of education is invariably accompanied by lack of not only opportunity, but sustainability. We have a potential generation of students unable to make their way through life independent of government support. The worst crime in a capitalist society is to leave an entire group without the skill set to compete. Perhaps the biggest hurdle to objectively identifying schools that are failing our children is the presumption that schools, by virtue of their mission, are acting in good faith. In every scenario in which schools\u27 decisions and districts\u27 allocation of funds and energy are analyzed, courts have approached the dilemma from the standpoint that schools and educators act in good faith. After 50 years of inequity, it is indeed safe to say that in order to achieve such disparities in achievement between white and minority groups there must be a complete absence of good faith. There is no other explanation
Shattering and Moving Beyond the Gutenberg Paradigm: The Dawn of the Electronic Will
Get PDFLegislators in Nevada have already acted to modernize the law of wills. This Article advocates that other states follow their lead and depart from what is described as the Gutenberg Paradigm by adopting similar legislation and embracing electronic technology. Part One of this Article explores the history of print and the emergence of the Gutenberg Paradigm. Part Two examines the history and policy underpinnings of will execution formalities, and the role of the writing requirement. Part Three explores the use of electronic wills as conforming and nonconforming testamentary instruments. Part Three, also, highlights some of the pitfalls and shortcomings of the Nevada electronic wills statute and proposes a model wills statute that could be adopted by states wishing to modernize their wills statutes to allow for the creation of electronic wills. Finally, Part Four outlines some basic anticipated concerns and criticisms regarding electronic wills and responds to those concerns and criticisms
Scientific Evidence Review: Admissibility and Use of Expert Evidence in the Courtroom
No full textThis book offers a complete update of Monograph No. 6 focusing entirely on state and federal court expert evidence issues. The easy-to-read format provides quick access to the governing expert evidence rules in federal and state courts throughout the United States. The monograph consists of papers from each of the federal circuits. These papers analyze and summarize the key cases in each circuit and the state courts within the circuit. The book also includes in-depth commentary on the qualifications and increased scrutiny of experts, and the jurors\u27 perception of expert testimony.https://commons.law.famu.edu/faculty-books/1039/thumbnail.jp
Dirty Pretty Things and the Law: Curing the Organ Shortage & Health Care Crises in America
Get PDFThere is an organ shortage crisis in the world, especially for kidneys and livers, resulting in approximately 6,000 deaths annually in the United States alone. There is also a health care crisis in the United States, with roughly sixteen percent of the population uninsured, resulting in approximately 18,000 deaths annually. In 1984, the National Organ Transplant Act ( NOTA\u27) banned the acquisition of human organs in exchange for valuable consideration, primarily to prevent the exploitation of poor people--those who are most likely to sell their organs. Transplant professionals are increasingly pushing to legalize the outright sale of human organs from living donors. This movement is gaining momentum and is likely to garner the necessary support of policymakers to amend NOTA to allow the exchange of human organs for valuable consideration. If such exchange is permitted, this Article posits that living organ donors should be able to receive only non-cash consideration in exchange for their organs-specifically, life-long, comprehensive health care. This would minimize the health care crisis in the United States and continue to prevent the exploitation of poor Americans. This proposal would also effectively reduce the number of deaths in the United States due to the organ shortage while simultaneously reducing the number of deaths caused by the lack of adequate health care. To advance such a proposal, NOTA must be amended to allow for an exchange of human organs for the valuable consideration of life-long, comprehensive health care
Climate Change and Freshwater Resources
Get PDFEarth\u27s climate is warming. This is the unequivocal conclusion of climate scientists. Despite the complexities of climatology, certain consistent trends emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, with more frequent heavy precipitation events and more susceptibility to drought. These simple facts will have a profound impact on freshwater resources throughout the United States, as the warmer climate will reduce available water supplies and increase water demand. Unfortunately, current water law and policy are not up to the new challenges of climate change and resulting pressures on freshwater resources. To adapt to climate change, water law and policy will need to embrace fundamental reforms that emphasize water conservation and more efficient and environmentally sound allocation at the local, regional, and national scales