Albany Law Review articles from September 2007

Albany Law Review archives from September 2007

Remembrances of the honorable Harold R. Tyler, Jr.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)(Testimonial)
September 22, 2007... Judge Harold R. Tyler, Jr. was born in Utica, New York in 1921 and grew up in nearby Waterville. It was on the basketball court playing for Phillips Exeter Academy that Judge Tyler earned the nickname "Ace," which stuck with him for life. After...

Dissonant harmonization: limitations on "cash n' carry" creativity.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... "Who is that?" "Nobody. The author." (1) ABSTRACT Even though creativity lies at the heart of present copyright laws, the impulse to create--or more precisely what triggers such creativity--remains largely unexamined. (2) Coinciding...

Intellectual property valuation: a finance perspective.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... I. INTRODUCTION: FINANCE, FINANCIAL MODELING, AND THE LAW The close relationship between law and economics has been recognized for more than four decades. Starting with the work of the British economist and 1991 Nobel prize winner Ronald...

The Moebius Strip: private right and public use in copyright law.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... INTRODUCTION The balance between the private rights of copyright owners and public use of copyright material is often said to lie at the heart of copyright law. (1) Recently, the nature of this balance was raised in Australia by an issues...

Congressional authority over intellectual property policy after Eldred v. Ashcroft: deference, empty limitations, and risks to the public domain.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... I. INTRODUCTION The United States Supreme Court upheld the Copyright Term Extension Act of 19981 (CTEA) in Eldred v. Ashcroft. (2) The Court ruled that Congress had not exceeded its authority under the Copyright Clause (3) by extending the...

Scale-free law: network science and copyright.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... I. INTRODUCTION One common feature of literature dealing with new technologies, and particularly those authors dealing with any legal aspect of cyberspace, is to over-emphasize the importance of information and communication technologies...

Amending the Copyright Act for libraries and society: the Section 108 Study Group. (Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... Libraries house copyrighted books and journals in their collections, provide intellectual access to them through catalogs and indexes, and make them available to users. Many researchers and readers are able to use library copies of the works...

The right of publicity: a comparative perspective.(Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... I. INTRODUCTION What do Martha Stewart, the impresario of good living, Tiger Woods, a dominate sports figure of our time, and Paul Newman, the film actor and owner of a line of food products, have in common? The answer is that these...

Living without copyright in a digital world. (Symposium: Interdisciplinary Conference on the Impact of Technological Change on the Creation, Dissemination, and Protection of Intellectual Property)
September 22, 2007... The title of this paper, Living without Copyright in a Digital World, could be understood in two ways: first, as a functionally accurate description of our current condition, and, second, as a normative statement about where we ought to be...

The fall of free exercise: from 'no law' to compelling interests to any law otherwise valid.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... The First Amendment explicitly allows "no law... prohibiting the free exercise" of religion. (1) Currently, however, Supreme Court doctrine permits any law that operates to prohibit the free exercise of religion, unless that law happens to be...

Religious free exercise and anti-discrimination law.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... I will speak about the conflict between anti-discrimination statutes and religious free exercise. I want to talk about these issues specifically in light of two areas of contemporary religious free exercise litigation and controversy. So much...

Reflections on free exercise: revisiting Rourke v. Department of Correctional Services.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... To offer a critical perspective on federal free exercise law, (1) I would like to focus in this talk on a case that I argued in the early 1990s only a few miles from the Albany Law School. At the time I was a law professor at Cornell, and I was...

RLUIPA and congressional intent.(Religious Freedom Restoration Act of 1993)(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... Today I want to talk about the Religious Land Use and Institutionalized Persons Protection Act, otherwise known by the acronym RLUIPA. Specifically, I want to talk about the portions of RLUIPA that deal with land use more than the...

The politics of a second class right: free exercise in contemporary America.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... I want to begin with a few comments on the title of today's symposium. It strikes me that there are at least three reasons why free exercise of religion is a "second class right" in our own particular period of American history. The first, of...

The constitutional requirement of sensitivity to religion.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... I don't know whether the Smith opinion can stand much more whipping today. It's received quite a bit. Unfortunately from my point of view, it's not a dead horse. It lives, breathes, and continues to do harm. So I think it deserves more...

Religious liberty as a positive and negative right.(Symposium: A Second-Class Constitutional Right? Free Exercise and the Current State of Religious Freedom in the United States)
September 22, 2007... I. INTRODUCTION In several articles Professor Fred Gedicks has argued that the rules governing the religious liberty interests vary depending on the application and functionality of that interest. For example, Gedicks writes in his...

The "ordered liberty" of substantive due process and the future of constitutional law as a rhetorical art: variations on a theme from Justice Cardozo in the United States Supreme Court.
September 22, 2007... I. INTRODUCTION Few judges are as revered in American legal history as Benjamin Nathan Cardozo (1) (1870-1938). And few have had as influential an impact on the growth of American law as Justice Cardozo. (2) Both on the bench and in the...

One nation, indivisible: American "Indian country" in the wake of city of Sherrill V. Oneida Indian nation.
September 22, 2007... I. INTRODUCTION In an age where patriotism and national unity are stressed in this proud "melting pot," it can be difficult to remember that the United States was once entirely subject to the dominion of native tribes. (1) Since the time...

Distributed generation: a step forward in United States energy policy.
September 22, 2007... I. INTRODUCTION On August 14, 2003, the East Coast of the United States and parts of Canada experienced one of the largest blackouts in history. (1) The blackout originated in a small area in Ohio, yet ultimately affected over fifty...

Morality-based legislation is alive and well: why the law permits consent to body modification but not sadomasochistic sex.
September 22, 2007... I. INTRODUCTION In 1993 the U.K. House of Lords held that consent of the participants was no defense to charges of assault arising from consensual sadomasochistic (SM) sex, even though the participants sustained no serious, permanent...