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Anti-bootlegging provisions: Congressional power and constitutional limitations
Craig W. Dallon, The Anti-Bootlegging Provisions: Congressional Power and Constitutional Limitations, 13 Vand. J. Ent. & Tech. L. 255 (2011).
Courts and scholars have considered the constitutional validity of 17 U.S.C.§ 1101 (civil), and 18 U.S.C. § 2319A (criminal), known as "the anti-bootlegging provisions." These provisions prohibit unauthorized recording, ...
Ending corporate impunity for genocide: The case against China's state-owned petroleum company in Sudan
Michael J. Kelly, Ending Corporate Impunity for Genocide: The Case Against China's State-Owned Petroleum Company in Sudan, 90 Or. L. Rev. 413 (2011).
This case study explores the corporate criminal liability of the Chinese National Petroleum Corporation (CNPC) for complicity in the Darfur genocide in Sudan. Together with theoretical elements published elsewhere, this ...
McIntyre Machinery, Goodyear, and the incoherence of the minimum contacts test
Patrick J. Borchers, J. McIntyre Machinery, Goodyear, and the Incoherence of the Minimum Contacts Test, 44 Creighton L. Rev. 1245 (2011).
On June 27, 2011, when J. McIntyre Machinery Ltd. v. Nicastro and Goodyear Dunlop Tire Operations, S.A. v. Brown were handed down, it marked the first time in almost a quarter century that the United States Supreme Court ...
Market price effects of data security breaches
Edward A. Morse, Vasant Raval & John R. Wingender Jr., Market Price Effects of Data Security Breaches, 20 Info. Security J.: A Global Persp. 263 (2011).
This study examines the impact of reported breaches in computer security using event study analysis. We use the event-study methodology to measure the magnitude of the effect of data security breach events on the behavior ...
Debate over genocide in Darfur, Sudan
Michael J. Kelly, The Debate over Genocide in Darfur, Sudan, 18 U.C. David J. Int'l L. & Pol'y 205 (2011).
Evolution of international law: Arcs and cycles
Michael J. Kelly, The Evolution of International Law: Arcs and Cycles, 44 Case W. Res. J. Int'l L. 1 41 (2011).
This essay tracks the evolution of international law from the Peace of Westphalia in 1648 and identifies recurring themes through the 20th century eras of global conflict followed by periods of multilateral institution ...
Regulation, markets, and integrity: An essay on the framework for trust in the protection of personal data
Edward A. Morse, Regulation, Markets, and Integrity: An Essay on the Framework for Trust in the Protection of Personal Data, in Something Bigger Than Yourself: Essays in Honour of Richard De Mulder 165 (Pieter Kleve & Kees van Noortwijk eds., 2011).
The quest for security entails agency relationships, whether protecting ourselves from the rogues and vandals of the Internet, or protecting our personal information in the hands of commercial actors. Firms that provide ...
From private to public ordering: An expanding federal role for regulating privacy and data security?
Edward A. Morse, From Private to Public Ordering: An Expanding Federal Role for Regulating Privacy and Data Security?, in Bus. L. Today (July 2011), http://www.americanbar.org/publications/blt/2011/07/02_morse.html.
This article discusses recent legislative issues in the United States affecting privacy and data security and assesses prospects for new measures affecting businesses and their customers, including the impact of private ...
FACTA the matter: Recent cases involving payment card receipts illustrate flaws in "Bounty" enforcement regime
Edward A. Morse, The FACTA the Matter: Recent Cases Involving Payment Card Receipts Illustrate Flaws in "Bounty" Enforcement Regime, Lydian J., Apr. 2011, at 15.
This article discusses flaws in the "bounty" enforcement regime within FACTA and its application to payment card receipt disclosures in recent cases.
Mangrum and Benson on Utah evidence
R. Collin Mangrum & Dee Benson, Mangrum and Benson on Utah Evidence (2011-2012 ed. 2011).