Urges the Supreme Court to grant certiorari in order to determine whether the double jeopardy clause forbids reprosecution on a charge when a jury finds a defendant guilty of a less serious offense.
Question presented: Whether a criminal defendant's right to a jury trial under the Sixth and Fourteenth Amendments is violated when a prior juvenile adjuciation--not itself decided by a jury--is used by a judge to impose a longer sentence than otherwise would be permissable.
The question presented is whether young childrens' disclosures of maltreatment to mandatory reporters of suspected child abuse should be considered testimonial, and thus invoke the protection of the Sixth Amendment's confrontation clause.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.
Legal Method and Writing is a sophisticated yet accessible book that takes a comprehensive and practical approach to writing and analysis skills. The book's coverage includes different types of legal writing, including writing in law school, writing in the law office, advocacy writing, appellate brief, pretrial advocacy, and writing to parties.
The Committee was asked to consider whether legislative protection was needed for the 'moral rights' of authors and artists; and if so, what form such legislation should take. The Committee treated the reference broadly as referring to all literary, dramatic, musical and artistic works, as well as to other subject matter, in particular films and sound recordings.