Capital University Law Review

from May 2002
Last Number: October 2007

Capital University
ISSN 0198-9693

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Nbr. 35-4, July 2007

Articles

Does Rocky & Bullwinkle Hold the Key to Unlocking the Mystery of Fair use in The Age of Internet Archiving?

Introduction. I. Background. A. The Internet Archive and its Wayback Machine. 1. Understanding the Internet Archive and the Wayback Machine. 2. Copyright and the Internet Archive. 3. Using the Wayback Machine and the Legal Ramifications. 4. The Wayback Machine in Current Litigation. B. Fair Use. 1. Historical Development. 2. Interpretation of the Statutory Law. 3. Case Law Interpreting Fair Use. II. Analysis. A. Application of the Combined Statutory and Case Law Surrounding Fair Use. B. The ...

Federal Income Tax Deductibility of Higher Education Expenses: The Good, the Bad, and the Ugly

Introduction. I. General Discussion of Section 162. II. Deductibility of Educational Expenses Under Section 162. A. Pre-1967 Historical Discussion. B. 1967 Regulations. III. Discussion of Case Law Relevant to 1967 Regulations. A. Negative Tests. 1. Minimum Educational Requirements. 2. New Trade or Business. B. Affirmative Tests. 1. Maintains or Improves Skills. 2. Requirements of Employer or Applicable Law. C. Recent Cases Misapplying the 1967 Regulations. Conclusion.

International Crimes and the Ad Hoc Tribunals by Guénaël Mettraux Oxford: Oxford

Sign Amortization Laws: Insight into Precedent, Property, and Public Policy

Introduction. I. Takings clause summary. A. Actual Taking or Physical Invasions of Private Property for Public Use. B. Regulatory Takings. C. Takings Principles Not Limited to Real Property. D. Takings Law Summary. II. Typical Sign Amortization Codes. III. Sign Amortization Takings Claims. A. Sign Amortization Takings Claims in the United States Supreme Court. B. Sign Amortization Takings Claims in the Florida Supreme Court, a Prototypical Approach. 1. The Florida Supreme Court has Rejected ...

Stifling Gubernatorial Secrecy: Application of Executive Privilege to State Executive Officials

Introduction. I. Defining Executive Privilege: Deliberative Process Privilege Versus Chief Executive Communications Privilege. A. Deliberative Process Privilege. B. Chief Executive Communications Privilege. II. Application of the Federal Doctrine of Executive Privilege to State Executive Officials. A. States Recognizing Executive Privilege. B. Standing Alone: Massachusetts's Refusal to Recognize Executive Privilege. C. Summary. III. Demystifying Executive Privilege: The Creation of a Simple, ...