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Articles
Caveat Vendor: Potential Progeny, Paternity, And Product Liability Online
I. Introduction II. In The Beginning . . . III. . . . Then Came The Internet IV. Statutory Regulation Of Sperm And Sperm Donors A. Federal Regulation B. Uniform Parentage Acts C. Individual State Regulation V. Sperm Donors And Paternity A. Can A Sperm Donor Contract Away Potential Support Obligations? VI. The Business Of Sperm: Warranty, Strict Liability, And Negligence A. Breach Of Warranty 1. Express Warranties 2. Warranty Of Merchantability 3. Warranty Of Fitness For A Particular Purp...
Property Tests, Due Process Tests and Regulatory Takings Jurisprudence
The United States Supreme Court recently clarified in Lingle v. Chevron U.S.A., Inc. that its often-expressed "substantially advance" formulation sounds in due process, and thus should be rejected as an appropriate takings test. The Court also explained that due process provides an independent and legitimate basis for attacking government deprivations of private property. Paradoxically, Lingle also reaffirmed as the Court's principal takings test the ad hoc, multifactor formulation in Penn Ce...
Refracting Domestic and Global Choice-of-Forum Doctrine Through the Lens of a Single Case
I. The Facts Of Piper Without Forum Non Conveniens II. Sixteen Questions: Domestic Forum-Selection Law In A Nutshell A. Regarding Reyno's Suit In State Court In Los Angeles B. Regarding Removal To The Central District Of California C. Regarding Transfer To The Middle District Of Pennsylvania: The Relevant Statute And Characteristics Of The Transferor Court D. Regarding Transfer To The Middle District Of Pennsylvania: The Transferee Court III. The Incremental Assault On Plaintiff's Forum S...
Third-Party Profit-Taking in Tax Exemption Jurisprudence
I. Introduction II. The Antipathy To Third-Party Profit-Taking A. The Original Approach-Nonprofit Business Judgment Rule B. Present Law-Close And Skeptical Scrutiny C. Present Law Examples And Exceptions III. The Private Benefit Doctrine And Third-Party Profit-Taking IV. An Efficiency Analysis Of Third-Party Profit-Taking V. An Equity Analysis Of Third-Party Profit-Taking VI. Conclusion: A Simple "Nonprofit Business Judgment" Solution
Comments
I. Introduction II. Relevant Copyright Precedent A. Sony: The Standard That Shaped Grokster B. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster 1. Facts And Procedural History 2. The Majority's Interpretation Of Sony In Grokster 3. Justice Ginsburg's Strict Interpretation Of The Sony Standard 4. The Holistic Consideration Of Market Factors In Justice Breyer's Concurrence III. The Google Empire: Google As Today's Technology Titan A. Google's Corporate History B. Google's Copyright Woes C. Re...
I. Introduction II. The Background And Regulatory Scheme Of The Satellite Home Viewer Act Of 1988 III. CBS Broadcasting, Inc. v. Echostar Communications Corp.: How One Satellite Operator Violated The Shva By Offering Distant Networks To Ineligible Subscribers IV. Why Broadcasters, Advertisers, And Affiliates Oppose Consumer Choice In Distant Network Broadcasting A. The Localism Argument Is Really An Advertising Argument B. The Lobbying Power Of The Broadcasters Makes Change Nearly Impossible...
I. Introduction II. Contextual Background: Congressional Intent And Supreme Court Treatment Prior To 1991 A. The FTCA B. The Discretionary Function Exception C. Judicial Interpretations Of The Discretionary Function Exception 1. Dalehite v. United States 2. Indian Towing Co. v. United States 3. United States v. Varig 4. Berkovitz v. United States III. Gaubert v. United States: The Current Approach And Its Problematic "Presumption" A. Overview: Gaubert v. United States B. Reactions To Gaube...
