70 results
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2. The ACM Declaration in Felten v. RIAA.
- Author
-
Simons, Barbara
- Subjects
ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) ,COMPUTER engineering ,CONTESTS - Abstract
The article focuses on a declaration filed by the U.S.-based Association for Computing Machinery (ACM) in the federal court as of October 2001 regarding Felten v. Recording Industry Association of America case. Researcher Edward Felten and his fellow researchers at Princeton University, had entered a contest sponsored by Secure Digital Music Initiative (SDMI), inviting people to attempt to crack certain technologies they were considering for use in their computer system. These technologies were defeated by Felten and his fellow researchers in the challenge. The paper of the researchers "Reading Between the Lines: Lessons From the SDMI Challenge," presented by them in a symposium in August 2001, is threatened under the anticircumvention provisions of the U.S. Digital Millennium Copyright Act (DMCA). The concern of ACM in this regard, is that one of ACM's primary goals is, in submitting a declaration to minimize the possibility of being a defendant in some future anticircumvention case. The declaration describes ACM, its scholarly activities relating to publishing and the holding of conferences, and the potential implications of the anticircumvention provisions of the DMCA on what ACM does.
- Published
- 2001
- Full Text
- View/download PDF
3. Court Tells NCAA to Release Papers Sought in Libel Suit.
- Subjects
FILES (Records) ,APPELLATE courts ,ASSOCIATIONS, institutions, etc. ,PERIODICALS ,ACTIONS & defenses (Law) ,INVESTIGATIONS - Abstract
The article reports that the Kansas Supreme Court has ordered the National Collegiate Athletic Association to turn over 15 documents from its recruitment-investigations files to the Birmingham, Alabama-based "Post Herald" so that the newspaper can defend itself in a libel suit. The newspaper is being sued by Butlet High School principal Edward Seal.
- Published
- 1982
4. Inter-American Court of Human Rights as a Public Sphere: Participation of Non-State Actors via Amicus Curiae and Public Audiences.
- Author
-
Cardoso, Evorah Lusci
- Subjects
- *
HUMAN rights , *ACTIONS & defenses (Law) , *ACTIONS & defenses (Administrative law) , *ASSOCIATIONS, institutions, etc. - Abstract
This paper is part of a broad research agenda on the democratic potentialities of the institutionalization of participatory proceedings through law and is also part of a specific research agenda on the legitimacy and the contributions of non-state actors at international forums. The Inter-American Court of Human Rights (IACHR) is the international forum chosen for this analysis and its participatory proceedings are public audiences and amici curiae at contentious and consultative cases. The main questions that this paper will raise are: Which is the purpose that leads non-state actors to take part in IACHR's proceedings? Are there implications of this participation on the IACHR's manner of action? The related hypothesis that will be developed on this paper are: (i) the non-state actors are using the potentialities of the IACHR's participatory proceedings to influence the decision making process of the court and are reflecting on the IACHR as an efficient space for recognition of rights or more favorable interpretations of international law; moreover (ii) the participation of non-state actors on the IACHR brings a new approach to this court, making its manner of action similar to an international forum ("court-forum") or, according to the theoretical approach adopted on this research, resembling to a public sphere (Habermas), a space of interests justification, in which new demands are able to emerge. Therefore this paper is divided in two parts: the empirical analysis of the institutional participatory settings of IACHR and the theoretical approach, the IACHR as a public sphere. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2007
5. Other Comments.
- Author
-
Crisp, Quentin, Kaufman, Irving R., Hooper, John, Adams, Cindy, Wriston, Walter, and Ehrlich, Elizabeth
- Subjects
PERIODICALS ,ACTIONS & defenses (Law) ,BASEBALL teams ,ASSOCIATIONS, institutions, etc. ,BANKING industry - Abstract
Comments on articles and topics discussed in previous issues of the journal "Forbes." Comments on a court case which involves the right of a private association of baseball club owners; Praise for management capability of NCNB Corp., which recently took over a busted bank in Texas, one in Florida and another in Atlanta; Discussion on banks and banking in the U.S.
- Published
- 1989
6. CHASING SOFTWARE PIRATES ACROSS THE ATLANTIC.
- Author
-
Gelfond, Susan
- Subjects
SOFTWARE piracy ,COMPUTER software ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
This article reports on a campaign against the pirating of computer software in Italy launched by the Business Software Association (BSA). The pirating of computer programs in the country costs manufacturers $500 million a year. Armed with court orders, Italian court officials and lawyers for the BSA are coming in on companies to see if their software has been purchased legally or illegally copied. The first lawsuit was filed on April 6, 1989 against chemical company, Montedison SpA. BSA claims that 100 of the 120 personal computers inspected at Montedison were using illicit copies of Lotus Development Corporation's 1-2-3 spreadsheet program and Ashton-Tate Incorporated's dBase program. According to Gianni Catalfamo of Lotus, Lotus lawyers met with Montedison representatives in 1988 to discuss the problem, but were brushed off.
- Published
- 1989
7. "Forensic Fisheries Science": Literature Review and Research Suggestions.
- Author
-
Bryant, Beth C.
- Subjects
- *
ACTIONS & defenses (Law) , *FISHERY management , *FORENSIC sciences , *AGRICULTURE , *SCIENCE & law , *ASSOCIATIONS, institutions, etc. - Abstract
Recent years have seen a dramatic increase in litigation against the National Marine Fisheries Service, NOAA. Litigation may affect personnel throughout the agency, including scientists, whose work is often directly or indirectly influenced by complex legal requirements, but who may not be in a position to comment or engage in public dialogue. It may be helpful for scientists and other agency personnel to join the ongoing discussion in the legal community regarding the interface of science and law. This paper provides a starting point with a selected introduction to relevant legal literature in this area. It uses the phrase "forensic fisheries science" to describe the application of science to legal requirements in the fishery management context It concludes with suggestions for future research that could assist NMFS scientists as they grapple with the challenge of using science to help the agency meet its complex legal requirements. Forensic: belonging to, used in, or suitable to courts of judicature or to public discussion and debate; argumentative, rhetorical; relating to or dealing with the application of scientific knowledge to legal problems. [ABSTRACT FROM AUTHOR]
- Published
- 2004
8. ISACA provides steps to mitigate electronic discovery risks.
- Subjects
ELECTRONIC discovery (Law) ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
The article offers information on the Electronic Discovery, a complementary white paper issued by Information Systems Audit and Control Association (ISACA) which offers steps to identify and mitigate the risks related to possible litigation and helps organisations create a formal electronic (e)-discovery program.
- Published
- 2011
9. Judge Scheindlin Shines a Light on Metadata Production.
- Author
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Dalal, Som P.
- Subjects
ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. ,ELECTRONIC information resources ,METADATA - Abstract
The article discusses a court case wherein U.S. District Court Judge Shira Scheindlin offered her opinion concerning the production format of electronically stored information and the importance of metadata production. In National Day Laborer Organizing Network v. U.S. Immigration and Customs Enforcement Agency, the plaintiffs sought the assistance of the court so that the defendants will comply with their proposed production protocol. The court ordered the defendants to reproduce all records.
- Published
- 2012
10. News.
- Subjects
TEXTILE industry ,ASSOCIATIONS, institutions, etc. ,TRAINING ,ACTIONS & defenses (Law) ,FRAUD laws ,INDUSTRIAL laws & legislation - Abstract
The article reports on developments related to the textile industry in the U.S. American Association of Textile Chemists and Colorists (AATCC) will sponsor a training program on the fundamentals of textile testing at the Technical Center in the Research Triangle Park, North Carolina on July 17-18, 1997. The American Textile Manufacturers Institute (ATMI) has brought a lawsuit using the False Claims Act to fight U.S. Customs fraud. The U.S. Congress has introduced the Customs Enforcement and Market Access Act which focuses on key competitive issues facing the textile industry.
- Published
- 1997
11. DEFAMATION.
- Author
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Schmertz Jr., John R. and Meier, Mike
- Subjects
- *
ACTIONS & defenses (Law) , *PEOPLE with drug addiction , *ASSOCIATIONS, institutions, etc. - Abstract
On February 1, 2001, "The Mirror" newspaper of London, England, published a prominent front-page article about the plaintiff, Naomi Campbell, a celebrated English-born fashion model who travels widely but resides in the United States. The plaintiff had several times boasted publicly that, unlike many others in the fashion business, she was not a drug addict. "The Mirror" article reported that she had not been telling the truth. In fact she is an addict, the paper reported, and often went to meetings of Narcotics Anonymous both in the United States and Great Britain to conquer her addiction. Campbell sued MGN Ltd., publisher of "The Mirror," in the English courts seeking damages, inter alia, for breach of confidence.
- Published
- 2004
12. ASSOCIATIONS AND CITIES AS (FORBIDDEN) PURE PRIVATE ATTORNEYS GENERAL.
- Author
-
ELLIOTT, HEATHER
- Subjects
CITIZEN suits (Civil procedure) ,ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. ,CITIES & towns ,STATUTORY interpretation ,CONSTITUTIONAL law - Abstract
The Supreme Court interprets Article III's case-or-controversy language to require a plaintiff to show injury in fact, causation, arid redressability. A plaintiff who meets that tripartite test has standing to sue and thus a, personal stake in pursuing the litigation. Accordingly, in Sierra Club v. Morton, the Supreme Court prohibited pure private attorneys general: litigants who would sue without the requisite personal stake. This limitation extends to organizations. They, too, must show standing on their own account or, under Hunt v. Washington Apple Advertising Commission, identify a member with Article III standing and show how the lawsuit is germane to the organization's purpose. Yet when Hunt interacts with the complexities of modern standing doctrine, it becomes clear that many associations, particularly those that are large or have broad purposes, can show standing for virtually any lawsuit. Moreover, recent scholarship has plausibly suggested that municipalities can be treated as associations under Hunt; municipal purposes are so broad, and some cities are so big, that they could litigate almost any case they wish. But the purpose of the ban on pure private attorneys general is to avoid giving any plaintiff a roving commission to enforce the law. Thus, Sierra Club and Hunt are in serious tension. This unnoticed conflict is further evidence of the notorious incoherence of Article III standing itself and might sensibly trigger a rethinking of the entire doctrine. Such reform seems highly unlikely, however, given nearly fifty years of standing's reign. Alternatively, Congress--which is far better placed than the courts to make necessary factual determinations--could take steps to resolve the conflict between Sierra Club and Hunt. But Congress has other priorities. More modestly, the Court could make some changes at the margins of Hunt and Sierra Club, to ameliorate the tension between the two strands of standing doctrine. [ABSTRACT FROM AUTHOR]
- Published
- 2020
13. Claim Management and Deterrence: Preliminary Investigations in Four Settings.
- Author
-
Schlanger, Margo
- Subjects
- *
COMMUNICATION , *ACTIONS & defenses (Law) , *JAILS , *HOSPITALS , *ASSOCIATIONS, institutions, etc. - Abstract
Many organizations that engage in risky activities develop the capacity to process any resulting disputes. They learn to respond more efficiently to disputes and claims by gathering and processing information, negotiating resolutions, and litigating unresolvable conflicts. This paper is a preliminary exploration of the spillover effects this kind of claim and litigation management has for care-taking and injury avoidance. Based primarily on interviews and case study materials, I discuss these effects in four factual settings, looking at the litigation response systems for a large retailer; the U.S. Postal Service; jails and prisons; and hospitals and hospital doctors. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]
- Published
- 2006
14. ACM Files Declaration.
- Author
-
Fox, Robert
- Subjects
- *
DECLARATION of intention , *ASSOCIATIONS, institutions, etc. , *COPYRIGHT , *ACTIONS & defenses (Law) , *FREEDOM of information - Abstract
This article focuses on a declaration filed by the U.S.-based Association for Computing Machinery (ACM) in federal court regarding the legal challenge to the Digital Millennium Copyright Act (DMCA) in the Felten v. RIAA case, as of October 2001. In the lawsuit, filed in the U.S. District Court of New Jersey by a number of computing researchers led by Princeton University computer scientist Edward Felten, the plaintiffs are asking the court to rule portions of the DMCA unconstitutional, arguing its broad prohibitions on disseminating information and technology restrict freedom of speech as protected by the First Amendment of the U.S. Constitution. The declaration was filed in support of Felten and others to help the court understand the practical effect of the issues at stake in this case. ACM is also concerned that, in addition to harming the progress of research, the risk of legal liability under the DMCA threatens ACM's publication and sponsorship of professional conferences that might include scientific papers assessing the strengths and weaknesses of computer and data security measures.
- Published
- 2001
15. The Dismantling Of OSHA.
- Author
-
Crawford, James
- Subjects
INDUSTRIAL safety ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
Focuses on the policies and work of the Occupational Safety and Health Administration (OSHA) in the U.S. as of September 1981. Work of the OSHA; Manipulations done in the OSHA by various companies; Steps taken by the OSHA to remold the agency; Decision of the U.S. Supreme Court on the issue.
- Published
- 1981
16. CITIES WILL USE OTHER TOOLS.
- Author
-
Haugsted, Linda
- Subjects
LEGAL judgments ,LOCAL government ,INFORMATION services ,ASSOCIATIONS, institutions, etc. ,CABLE franchises ,ACTIONS & defenses (Law) - Abstract
Reports on the reaction of local governments to the decision of the U.S. Supreme Court in the Brand X Internet Services case, which defines cable-modem service as an information service. Associations included in a coalition which had filed papers with the high court arguing for the definition of cable-modem services as a cable service; Impact of the high court decision on public safety; Comments from Libby Beaty, executive director of the National Association of Telecommunications Officers and Advisors, on the issue.
- Published
- 2005
17. "Hoodlum" Borglum.
- Subjects
ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. ,MEMORIALS - Abstract
The article reports on the lawsuit filed the Stone Mountain Memorial Association against sculptor Gutzon Borglum in 1925. After the association ousted him as the sculptor of a memorial to heroes due to his attitude, he decided to smash his clay and plaster models. Borglum tried to escape but was arrested in Greensboro, North Carolina.
- Published
- 1925
18. The Week.
- Subjects
ECONOMICS of war ,ACTIONS & defenses (Law) ,INTERNATIONAL relations ,ASSOCIATIONS, institutions, etc. ,DICTATORS - Abstract
Presents an update of events in the U.S. and Europe with emphasis on war related events. Analysis of the decisions of the U.S. Supreme Court towards the sustenance of the American Automobile Association and William Strecker need not be deported for membership in the Communist Party; Opinion of the attitude of the Soviet Union towards restriction of the alliance of German dictator Adolf Hitler; Mention of deployment of troops of the Axis powers and France and England in various parts of Europe and Africa; Readiness of the U.S. in dealing with dumping of foreign securities in the stock market as part of their preparations for possible war in Europe; Commendation of Spanish dictator Francisco Franco's policies by the Pope Pius XII.
- Published
- 1939
19. AMA vs. HMOs.
- Author
-
Marshall, Eliot
- Subjects
MEDICAL care ,ASSOCIATIONS, institutions, etc. ,HEALTH maintenance organizations ,MEDICAL societies ,PHYSICIAN hospital organizations ,MANAGED care programs ,ACTIONS & defenses (Law) - Abstract
Presents information regarding the opposition of the American Medical Association (AMA) to health maintenance organizations in the U.S. Golden rule of the AMA ethic code; Reasons for the AMA opposition to healthcare; Information on the antitrust lawsuit filed against AMA by the U.S. Federal Trade Commission; Information that despite the AMA's efforts to maintain tradition, the system just doesn't work according to the AMA's ideal.
- Published
- 1977
20. CORRESPONDENCE.
- Subjects
LETTERS to the editor ,PUBLIC works ,GOVERNMENT agencies ,ACTIONS & defenses (Law) ,CIVIL rights ,SHARECROPPERS ,LABOR unions ,LOYALTY oaths ,COLLEGE teachers ,ASSOCIATIONS, institutions, etc. - Abstract
Presents several letters to the editor referencing articles and topics discussed in previous issues. Criticism of the Housing Division of the U.S. Public Works Administration, by Henry S. Churchill, in the August 15 issue; Information of the case of Antonio Bellussi, published in the September 05 issue; Danger of deportation to Fascist Italy, faced by Bellussi; Efforts of Provisional Committee for Non-Partisan Labor Defense to save Bellussi from Fascist terror; "United Front in France," published in the September 19 issue; Information on the release of the first issue of the periodical "The Social Frontier," in October; Plans of share-croppers of Arkansas to build up a union; Sources of fund for the union; Decision to be taken by the U.S. Supreme Court on a case involving the constitutional right of conscientious objector to the peacetime conscription prevailing in secondary schools of the country; Appeal of Women's International League for Peace and Freedom to peace leaders throughout the country to exert their influence to make peace and disarmament important issues in the congressional elections in November; Invitation to attend meeting as of the Albany Council Against War and Fascism, being held regularly on Monday at Bleecker Library; Reasons for a decline in the enrolment of students to the Commonwealth College in Arkansas; Protest of Classroom Teachers' Groups against Loyalty Oath Act for teachers of New York.
- Published
- 1934
21. What Does It Cost for AAA, JAMS, or CPR to Administer an Arbitration Case and How Do the Initial Filings Vary?
- Author
-
Leiby, Larry R.
- Subjects
ARBITRATION & award costs ,DISPUTE resolution ,ACTIONS & defenses (Law) ,ADMINISTRATIVE fees ,LEGAL costs ,ASSOCIATIONS, institutions, etc. ,LAWYERS ,ECONOMICS - Abstract
The article discusses the costs associated with the administration of arbitration cases involving domestic organizations such as the American Arbitration Association (AAA), the JAMS ADR group (JAMS), and the International Institute for Conflict Prevention & Resolution (CPR) as of July 2014, focusing on variations of initial filings. According to the article, CPR has published rules for non-administered (ad hoc) arbitration. American attorneys and administrative fees are also examined.
- Published
- 2014
22. CHAPTER II: MONOPOLIZATION AND RELATED OFFENSES.
- Subjects
ANTITRUST law ,ASSOCIATIONS, institutions, etc. ,MONOPOLIES ,COMMERCIAL crimes ,ACTIONS & defenses (Law) - Abstract
Chapter 2 of the book "2015 Annual Review of Antitrust Law Developments" is presented. It explores how courts in the U.S. decided numerous cases implicating Section 2 of the Sherman Act, addressing issues including monopoly power, refusals to deal, bundled pricing, exclusive dealing, tying, and sham litigation. It states how courts reiterated that an exclusive agreement does not necessarily give rise to an exclusive dealing claim.
- Published
- 2015
23. The Vanishing Plaintiff.
- Author
-
Coleman, Brooke D.
- Subjects
ACTIONS & defenses (Law) ,BENEFICIARIES ,CORPORATIONS ,ASSOCIATIONS, institutions, etc. ,REGENTS of the University of California v. Bakke ,LAW enforcement - Abstract
The article presents information on the shift in procedural doctrine from liberal to restrictive highlighting the beneficiaries of this shift by corporations, government entities and other organizations. It discusses vanishing plaintiff in terms of her resource disparity and unique narrative challenges. It states vanishing plaintiff claims to create path-breaking laws and is the only effective mode of enforcement. It explains the court case of Regents of the University of California v. Bakke.
- Published
- 2012
24. Infomania: Why we can't afford to ignore it any longer.
- Author
-
Zeldes, Nathan, Sward, David, and Louchheim, Sigal
- Subjects
EMAIL ,ACTION & defense cases ,QUALITY of life ,LABOR productivity ,ASSOCIATIONS, institutions, etc. ,INDUSTRIAL productivity ,INTELLECTUAL capital ,ACTIONS & defenses (Law) - Abstract
The combination of e-mail overload and interruptions is widely recognized as a major disrupter of knowledge worker productivity and quality of life, yet few organizations take serious action against it. This paper makes the case that this action should be a high priority, by analyzing the severe impact of the problem in both qualitative and quantitative terms. We attempt to provide sufficient supporting data from the scientific literature and from corporate surveys to enable change agents to make the case and convince their organizations to authorize such action. [ABSTRACT FROM AUTHOR]
- Published
- 2007
- Full Text
- View/download PDF
25. A Common Law of Membership: Expulsion, Regulation, and Civil Society in the Early Republic.
- Author
-
BUTTERFIELD, KEVIN
- Subjects
ASSOCIATIONS, institutions, etc. ,MEMBERSHIP ,CITIZENSHIP ,COMMON law ,PENNSYLVANIA state history, 1775-1865 ,ACTIONS & defenses (Law) - Abstract
The article presents an exploration into the legal and social dynamics of membership in voluntary societies during the Early Republic period of the United States. The political complexities of popular notions concerning civil society, citizenship, and the grounds for member expulsion are addressed. Several examples of legal cases and treatises concerning the subject in Pennsylvania are examined, with particular attention to the 1810 case of the St. Patrick's Benevolent Society between public figures William Duane and John Binns. The social theories of Jürgen Habermas are also cited to explore the paradigms of such social relations.
- Published
- 2009
26. Justice and the Priority of Politics to Morality.
- Author
-
Sangiovanni, Andrea
- Subjects
JUSTICE administration & politics ,JUSTIFICATION (Ethics) ,PRINCIPLE (Philosophy) ,ASSOCIATIONS, institutions, etc. ,PRACTICE of law ,JUSTICE ,ACTIONS & defenses (Law) ,ETHICS ,CONDUCT of life - Abstract
The article discusses the issue whether existing institutions and practices should play any role in the basic justification and formulation of first principles. A common view holds that, in setting out and justifying first principles of justice, one should seek a normative point of view unfettered by the form or structure of existing institutions and practices. The author aims to bring light, clarify, and defend the opposite view, existing institutions and practices that it should play a crucial role in the justification of a conception of justice rather than merely its implementation.
- Published
- 2008
- Full Text
- View/download PDF
27. Cases.
- Author
-
Hitchings, Emma
- Subjects
ACTIONS & defenses (Law) ,APPELLATE courts ,ASSOCIATIONS, institutions, etc. ,PUBLIC officers ,HUMANITY ,HUMAN rights - Abstract
Focuses on the ruling of the Court of Appeal in the recent case of Chichester District Council v. First Secretary of State and Others [2004] EWCA 1238, where the court offered a route of allowing Gypsies to enter the European conception of humanity. Facts of the case; Merits of the case; Contention of the plaintiff; Argument of the defendant; Opinion of the court.
- Published
- 2005
- Full Text
- View/download PDF
28. Commentary. Underground Labour Injunctions.
- Author
-
Wedderburn, Bill
- Subjects
FREEDOM of association ,ASSOCIATIONS, institutions, etc. ,CIVIL rights ,ACTIONS & defenses (Law) - Abstract
The author offers a commentary on the case National Union of Rail, Maritime and Transport Workers v. London Underground Ltd., referred to as RMT v. LUL. He provides an overview of the case. According to the author, the general statement by RMT was not sufficiently useful to the employer. He concludes that decisions like RMT v. LUL will continue to illustrate the failure of the 1999 Act to take the right to freedom of association seriously.
- Published
- 2001
- Full Text
- View/download PDF
29. Industry Update.
- Subjects
FINANCIAL services industry ,BUSINESS enterprises ,FINANCIAL institutions ,ACTIONS & defenses (Law) ,GERMAN loans ,ASSOCIATIONS, institutions, etc. - Abstract
The article presents information about recent developments in the business enterprises in the financial services industry. AIG has stolen much of the limelight in recent weeks after New York Attorney General Eliot Spitzer filed lawsuits against both AIG and its former chief, Maurice Greenberg, accusing them of deceitful practices regarding the company's financial accounts. Meanwhile, the Institutional Restructuring Unit of Dresdner Bank, a member organization of global insurance company Allianz, has confirmed that it will sell a portfolio of E1.4 billion non-strategic German loans to a consortium consisting of Lone Star and Merrill Lynch.
- Published
- 2005
30. "PARKS ARE FOR PARKING!".
- Subjects
ILLEGALITY ,AUTOMOBILE parking ,PARKS ,JUDGES ,ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. - Abstract
The article focuses on the issue of illegal parking of cars belonging to judges at the Columbus Park in Brooklyn, New York City. According to the author, things heated up when the judges threatened a lawsuit to maintain their parking lot. In response, a blitz of media from several journals including the "Daily News," "Brooklyn Papers" and "Brooklyn Eagle" hit back the judges for clinging to their illegal parking space. It highlights the efforts of Transportation Alternatives (T. A.) members to end abusive parkers from nearby sidewalks and open spaces.
- Published
- 2008
31. ARBITRATION AND ANTITRUST REMEDIES.
- Author
-
Halverson, James T.
- Subjects
ARBITRATION (Administrative law) ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) ,ANTITRUST law ,COMMERCIAL crimes - Abstract
This article describes the background and purpose of the U.S. Federal Trade Commission's policy with respect to arbitration. The innovative use of arbitration procedures is part of a concerted effort to develop antitrust remedies which will allow enforcement agencies to be more effective in tailoring antitrust relief, and to protect and promote competition in each particular market where violations are found. The subsequent enactment of the Clayton Act and the Federal Trade Commission Act brought more business activities within the prohibition of the antitrust laws, and, at the same time, gave rise to more litigation aimed at drawing the line between permissible commercial activity and illegal conduct. The potential of arbitration as a remedy is highlighted in the Federal Trade Commission's consent order against Phillips Petroleum Co.
- Published
- 1975
32. The Compliance Imperative: Managing Record Retention in a Rapidly Changing Regulatory Environment.
- Author
-
Lee, Jin J.
- Subjects
RECORDS management ,ASSOCIATIONS, institutions, etc. ,INSURANCE law ,FINANCIAL services industry ,ACTIONS & defenses (Law) - Abstract
The article examines the issues that managers should consider when implementing an enterprise-wide record management program. From the U.S. Securities and Exchange Commission (SEC) to the U.S. Department of Health and Human Services to the National Association of Securities Dealers (NASD), regulators are rigorously enforcing books and records regulatory requirements associated with the following: the Sarbanes-Oxley Act, the Health Insurance Portability and Accountability Act of 1996, SEC Rule 17a-4, and NASD 3010 and 3110. These and other evolving regulations require companies to comply with a number of retention periods, storage methods and other specifics depending on a broad number of factors. New regulations are not just in effect, they are also being enforced. For example, within the seven-month period that followed the SEC enforcement action against Banc of America Securities, three other high-profile legal actions began to change how executives in the financial services industry view the risks of non-compliance with respect to data retention practices.
- Published
- 2005
33. The ACCIDENTAL ECOTERRORIST.
- Author
-
Leibowitz, Ed
- Subjects
ARSON ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
Relates the story of California Institute of Technology (Caltech) student Billy Cottrell who was charged guilty of arson by the Los Angeles court. Involvement of Cottrell in the Earth Liberation Movement; Claims of the Caltech student regarding his location at the time of the incident; Background of Cottrell.
- Published
- 2005
34. Supreme Court uphold CIPA.
- Subjects
ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. ,INTERNET & children ,PUBLIC libraries - Abstract
Focuses on the lawsuit United States v. American Library Association regarding Children's Internet Protection Act. Provisions under the act; Allegations in the lawsuit; Responses of public libraries regarding the implementation of act.
- Published
- 2003
35. CORRESPONDENCE.
- Author
-
Simes, Dimitri K., Fowler, Henry, Butler, Rebecca, and Eggert, Richard H.
- Subjects
LETTERS to the editor ,ASSOCIATIONS, institutions, etc. ,TAX cuts ,BUDGET deficits ,UNITED States politics & government, 2001-2009 ,ACTIONS & defenses (Law) - Abstract
Presents letters to the editor referencing articles and topics discussed in previous issues. "Pacific Whim," which featured The Nixon Center organization; "Discharged," which focused on a criminal case faced by suspected terrorist John Walker Lindh; "Lies, Damned Lies, and Panel Reports," which discussed a tax cut in the U.S.; "Reckoning," which focused on budget deficits facing the U.S. federal government.
- Published
- 2002
36. Legal update.
- Author
-
Playle, Sarah and Hodson, Sarah
- Subjects
ACTIONS & defenses (Law) ,ACTIONS & defenses (Administrative law) ,RUGBY football ,ASSOCIATIONS, institutions, etc. ,PHOTOGRAPHS - Abstract
Discusses the case "Football Association Premier League v. Panini." Distribution of an unlicensed unofficial album and sticker collection; Feature of photographs of English Football Association Premier League.
- Published
- 2004
- Full Text
- View/download PDF
37. The Employers and Mr. Bridges.
- Author
-
Benét, James
- Subjects
ASSOCIATIONS, institutions, etc. ,DEPORTATION ,POLITICAL parties ,WORK environment ,INDUSTRIAL management ,LABOR unions ,ACTIONS & defenses (Law) - Abstract
Presents information on the court case of Harry Bridges, district president of the International Longshoremen's and Warehousemen's Union, and regional director of the Congress of Industrial Organizations. Views that the Bridges case may effect on the procedure for deporting aliens in future; Statement that the case may result in an important decision as to whether an alien is deportable solely on the ground that he belongs to the Communist Party; Acknowledgement that Bridges' counsel have made a devastating attack on the character of the most important government witnesses; Opinion of Almon E. Roth, president of the San Francisco Employers' Council; Description of demands of the unions regarding wages, work hors and working condition; Reference to views and justifications given by the longshoremen.
- Published
- 1939
38. Science Court "Tried," Cleared for Test Case.
- Author
-
Leeper, E. M.
- Subjects
ACTIONS & defenses (Law) ,EXAMINATION of witnesses ,JUDICIAL opinions ,LEGAL judgments ,ASSOCIATIONS, institutions, etc. ,MEDIATION ,ENVIRONMENTAL mediation ,DISPUTE resolution ,LEGAL professions - Abstract
The article presents the outline of the Science Court experiment that will be made operational to sort out scientific truths through a process of cross-examination and judicial opinion. The experiment will begin with agreements between the Science Court Administration (SCA), the host institution, and the funding institution concerning plans for the experiment. The SCA, equipped with an issue and funds, will seek Case Managers (CM's) and fund their work for each side of the issue. The SCA will issue suggested procedures, suggested referees, and a panel of prospective judges. Challenged statements are first dealt with by a mediation procedure in which attempts are made to narrow the area of disagreement or to negotiate a revised statement of fact that both CM's can accept.
- Published
- 1976
- Full Text
- View/download PDF
39. Chemical Society Sues Google.
- Author
-
Young, Jeffrey R.
- Subjects
ACTIONS & defenses (Law) ,TRADEMARK infringement ,ASSOCIATIONS, institutions, etc. - Abstract
Reports on the trademark infringement lawsuit filed by the American Chemical Society against Google Inc. in the U.S. in January 2005. Claims of the society against the Google Scholar; Features of the Google Scholar and Scifinder Scholar.
- Published
- 2005
40. Banned Ethiopian press assoc. takes government to court.
- Subjects
- *
ASSOCIATIONS, institutions, etc. , *PRESS law , *JOURNALISTS , *ACTIONS & defenses (Law) ,ETHIOPIAN politics & government - Abstract
The beleaguered Ethiopian Free Press Journalists' Association (EFJA) is taking the government to court because it banned the association. The EFJA has filed the suit with the federal court, stating that the ban was illegal. In court papers, made public on Saturday, the EFJA said the decision to close down the 100-member organization should be reversed. It is also trying to overturn an election organized by the government in which the leadership of the EFJA was overthrown and replaced. This legal action is the latest twist in the bitter ongoing dispute between the troubled association and the government. The move has sparked concern among international media watchdogs, which have expressed growing alarm at the government's attempts to silence the EFJA, arguing that the ban was imposed because the EFJA was strongly opposed to a controversial new press law currently being introduced by the government.
- Published
- 2004
41. Court rules in favor of ACGIH TLUs.
- Subjects
DISMISSAL & nonsuit ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) ,INDUSTRIAL safety - Abstract
The article reports on the dismissal of the four counts in a lawsuit against American Conference of Industrial Hygienists (ACGIH) Threshold Limit Values (TLVs) by the federal judge in the District Court of Macon, Georgia. The court stated that ACGIH adopts workplace safety exposure levels and promotes ideas to derive a financial benefit. Lawrence M. Gibbs, board of directors of ACGIH, comments on the judgment.
- Published
- 2008
42. Autodesk Sues Open Design Alliance.
- Subjects
ASSOCIATIONS, institutions, etc. ,TRADEMARK infringement ,ACTIONS & defenses (Law) ,COMPUTER software ,COMPUTER-aided engineering ,COMPUTER-aided design - Abstract
The article reports that Autodesk Inc. has filed a lawsuit against Open Design Alliance (ODA) over charges of infringement of its TrustedDWG in Seattle, Washington on November 13, 2006. ODA has released an updated DWGdirect libraries to comply with a judge's order to stop using or simulating Autodesk's technology. Furthermore, it has been argued that the initial version of ODA libraries for the AutoCAD 2007 DWG format masks the identity of non-Autodesk generated DWG files in order to bypass the warning box that appears whenever a non-Autodesk file is opened.
- Published
- 2007
43. A CLOSE CALL.
- Author
-
Yoswick, John
- Subjects
CONFERENCES & conventions ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
The article looks at various updates on various topics in the U.S. The decision of the participants at the Collision Industry Conference (CIC) held in Palm Springs, California to vote for the CIC meeting in Las Vegas, Nevada on November 2-3, 2011 is discussed. The dismissal of the lawsuits filed by the National Science Foundation (NSF) against the Certified Automotive Parts Association (CAPA) and its Executive Director Jack Gillis is also analyzed.
- Published
- 2011
44. NPCA Files Lawsuit Challenging California's Fee Program for VOC Emissions.
- Subjects
PAINT industry ,COATINGS industry ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) ,VOLATILE organic compounds ,UNITED States governors - Abstract
Reports on the lawsuit filed by the U.S. National Paint & Coatings Association (NPCA) in December 2004 which challenges the regulation for volatile organic compound emissions enacted by California Governor Gray Davis. Overview of the statutes under the legislation to be imposed by the state's Air Resources Board; Impact of the legislation on NPCA members operating in California as cited by NPCA Lead Counsel Heidi McAuliffe; Argument presented by NPCA regarding the fee program.
- Published
- 2005
45. ISOD& AGENT WEEKLY.
- Subjects
ECONOMIC activity ,TRADE associations ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) - Abstract
The article outlines business-related events in 2008 for International Organization for Standardization (ISO) and agent in the U.S. It includes the presage that Industry Forming Canadian Acquirers Association may be on the verge of creating a formal trade association. Another is on the shareholder lawsuit and a new stock-trading venue faced by TRM Corp. A new company TxCore Inc., which offers products and services for prepaid card issuers is also mentioned.
- Published
- 2008
46. Judgment No. 2780.
- Subjects
ACTIONS & defenses (Law) ,COMPLAINTS (Administrative procedure) ,ASSOCIATIONS, institutions, etc. ,APPOINTEES ,JOB performance ,ADMINISTRATIVE courts - Abstract
The article discusses a court case concerning a complaint filed by a Belgian national against her employer Customs Co-operation Council (CCC), also known as the World Customs Organization (WCO), with the Administrative Tribunal of the International Labour Organization (ILO) on July 30, 2007. The Chairman of the Staff Committee was requested by the Secretary General to terminate the complainant's appointment as chief accountant at grade B4. She claims that she had no chance to respond to the criticism expressed about her performance.
- Published
- 2009
47. RECENT COURT RULINGS.
- Subjects
ASSOCIATIONS, institutions, etc. ,LEGAL judgments ,ACTIONS on the case ,RECORDS management ,ACTIONS & defenses (Law) - Abstract
The article offers information on several court rulings related to management of associations in the U.S. It mentions the court rulings on cases including new pet rule, request for access of records of the association, and the refusal of the member of an association to pay the quarterly assessments. It cites the lawsuit filed by a group of condominium members against the board which concerns with the enforcement of rules for pets.
- Published
- 2010
48. ACCESS DENIED.
- Author
-
Hearn, Ted
- Subjects
LEGAL judgments ,ASSOCIATIONS, institutions, etc. ,CABLE television ,ACTIONS & defenses (Law) - Abstract
Reports on the U.S. Supreme Court's decision on the National Cable & Telecommunications Association (NCTA) versus Brand X Internet Services case, which permits cable companies to keep competing to Internet-service providers away from its pipeline passing in every home. Facts of the case; Comments from NCTA president Kyle McSlarrow on the ruling; Request for regulatory parity in the telephone industry by United States Telecom Association president Walter McCormick.
- Published
- 2005
49. Consumer Protection.
- Subjects
CONSUMERS ,BUSINESS enterprise laws ,HUMAN rights ,ACTIONS & defenses (Law) ,ASSOCIATIONS, institutions, etc. ,SOCIETIES - Abstract
Focuses on the authority designated to the Consumers' Association under the Enterprise Act 2002 of Great Britain. Consumers' rights action that could be undertaken by the association under the law; Impact of Stop Now Orders filed by the association to courts on business that breach consumer legislation; Obligation of the association under the law.
- Published
- 2005
50. Profile: Dale Minami.
- Author
-
Cacas, Samuel R.
- Subjects
ASIAN American lawyers ,CLASS actions ,ASSOCIATIONS, institutions, etc. ,ACTIONS & defenses (Law) ,CIVIL rights - Abstract
This section profiles Asian American civil rights attorney Dale Minami. It is not surprising that he remembered the case--Salazar versus Blue Shield, a class action lawsuit against California Blue Shield brought in the 1970s on behalf of Asian Americans dissatisfied with that company's promotion policies. For Minami, the case had a personal and political message rather than legal significance. Not too many months before that 1972 case, Minami, as a recent graduate of the University of California Boalt Hall law school, joined a group of fellow students intent on forming an organization that would provide legal services to Asian Pacific Americans. Minami wrote the initial funding proposals for what came to be known as the Asian Law Caucus. After years of working at the caucus, Minami decided to set up his own civil rights practice. Perhaps his most celebrated civil rights case was his involvement as co-counsel to three Japanese American citizens who considering themselves loyal American citizens refused to obey government orders in 1942 to obey curfew and evacuation orders specifically aimed at Japanese Americans. In 1988, he was appointed chair of an investigative panel convened by the state attorney general. Minami concedes that immigrant and civil rights advocates have an uphill fight.
- Published
- 1995
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