Until the recent decision in Buckeye Check Cashing, Inc. v. Cardegna, 126 S.Ct. 1204 (Feb. 21, 2006), there was some uncertainty as to how claims of illegality would fare against attempts to enforce arbitration agreements. The decision did not turn on whether the contract was void or voidable, as did earlier lower court decisions, but simply on whether the illegality claim was directed to the underlying contract or the arbitration clause itself. Relying on Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395 (1967), the Court treated the illegality claim in the same manner as a claim of fraud in the inducement and held that 'unless the challenge is to the arbitration clause itself, the issue of the contract's validity is considered by the arbitrator in the first instance.' 126 S.Ct. at 1206.
- March 30, 2006Charles G. Miller
As more law professors are tapping away at their computers on blogs that cover everything from the Sarbanes-Oxley Act to the death penalty, they also may be chipping away at the ivory tower.
An increasing number of law professors are using blogs ' online journals or newsletters ' to break free from traditional modes of legal scholarship. With an immediacy and ability to reach millions of readers, blogs are proving an attractive vehicle among legal scholars for spouting and sharing ideas.
But they are also raising concerns that they may lead to a 'dumbing down' of the profession.March 30, 2006Leigh JonesIn an important decision interpreting the fair use provision of the Copyright Act (17 U.S.C. '107), the U.S. Court of Appeals for the Seventh Circuit recently held that downloading full copies of copyrighted material without compensation to authors cannot be deemed 'fair use.' In BMG Music v. Gonzalez, Judge Frank H. Easter-brook, writing for a unanimous three-judge panel, rejected the defendant's argument that she was immune from liability because she was merely sampling songs that she had downloaded from the KaZaA file-sharing network on a 'try-before-you-buy basis.'
March 30, 2006Leslie Gordon Fagen, Andrew G. Gordon and Darren W. JohnsonOn Feb. 7, 2006, the Tenth Circuit Court of Appeals affirmed a judgment of trademark infringement in favor of manufacturers of tanning lotions against several unauthorized distributors. The defendants had paid for preferential search engine listings when computer users searched for plaintiffs' trademarks and has also placed plaintiffs' trademarks in the metatags of their Web sites (metatags are internal Web site coding often used by search engines to identify the content of Web sites).
March 30, 2006Jason D. SandersTwo veterans of the Supreme Court bar argued forcefully ' and inconclusively ' on March 29 in a high-stakes dispute over how easy it should be for a patent holder to win an injunction against an infringer.
March 30, 2006Tony MauroRulings of importance to you and your practice.
March 30, 2006ALM Staff | Law Journal Newsletters |In-depth analysis of recent rulings.
March 30, 2006ALM Staff | Law Journal Newsletters |A recent case of interest to you and your practice.
March 30, 2006ALM Staff | Law Journal Newsletters |The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.
March 30, 2006Stewart E. Sterk