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Features
To paraphrase a line from a favorite song, you don't always get what you want, but sometimes, you get what you need. The Recording Industry Association of America (RIAA) almost certainly did not get all that it wanted when the House of Representatives passed the Prioritizing Resources and Organization for Intellectual Property Act (Pro IP Act), H.R. 4279, in May. What remains to be seen is whether the RIAA and other proponents of the legislation will get what they claim to need ' or anything at all.
Features
Debates over intellectual property rights often heat up around confrontations between those wanting more protection and those wanting less. But perhaps more attention should be paid to the detailed structure of legal rules governing these assets as they are actually used in real-world transactions.
Features
Business is always a battlefield, but few e-commerce proponents have fought campaigns as fierce as those to keep Internet auctioning license-free. So intense have been skirmishes between online sellers and state legislators that only one state has a law specifically requiring online auctioneer licensing.
Features
Professional services requiring insight and judgment ' and application of sophisticated expertise on a case-by-case basis ' seemed immune to the e-commerce onslaught. After all, no one wants to trust the future welfare of one's family and affairs to a device that makes the phrase 'computer problem' a redundancy. And why would people who need to spend thousands of dollars on estate planning even think about trusting an online service just to save a few dollars ' even if only to pass on post-mortem thoughts from the grave?
Features
In a November 2007 article, we noted the government's aggressive enforcement and broad interpretation of federal money-laundering statutes, expressing concern that prosecutorial use of the statutes had been unfairly and improperly expanded. Elkan Abramowitz and Barry A. Bohrer, 'Federal Money-Laundering Statutes: Course Correction?' New York Law Journal (Nov. 6, 2007). In the same article, we expressed hope that the U.S. Supreme Court would take corrective action in cases then pending before it. …
Features
In-depth analysis of recent rulings.
Features
Everything contained in this issue, in an easy-to-read format.
Features
The bench and bar are well acquainted with the principles of <i>stare decisis</i> and controlling precedent, but after nearly 25 years, we have yet to definitely settle the question of the precise binding effect and precedential value of decisions issued by one of the most misunderstood tribunals within the federal court system, the bankruptcy appellate panels (BAPs). A recent bankruptcy court decision from Ohio reminds us that the controversy goes on unabated ...
Features
This article explains, in the bankruptcy litigation context, the probate exception, an arcane and traditionally misunderstood common law exception to federal jurisdiction.