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The article explores copyright enforcement in the U.S., discussing traditional methods like notice and takedown and federal court litigation. It introduces the Copyright Claims Board (CCB) as a new option for resolving smaller disputes. It highlights potential fairness concerns for defendants and suggests solutions such as applying the fair use defense automatically and educating respondents.

This article discusses super injunctions and privacy orders and how the Scottish media continues to reveal and identify English gagging orders taken out by celebrities, including the "celebrity threesome" PJS order. It will further be argued that celebrities often use their children as privacy shields in the courts. In the light of the recently failed David Beckham super injunction against The Times and the Daily Mirror, do privacy orders remain significantly valid in the social media age? Are celebrities not entitled to the same respect for their private lives as anyone else? The article further examines the misuse o f private information as demonstrated in the David Axon case, whereby the court in Axon established a new approach to the granting o f privacy injunctions for the potential loss of reputation and constraints inherent in art. 8 EC HR. Finally, the question will be raised whether the UK judiciary is out of touch, as so eloquently expressed in the dissenting judgment by Lord Toulson in PJS. The notion of personal autonomy will be discussed in the conclusion, which stands alongside art. 8 ECHR and the freedom of media expression and how the courts have taken a proportionate approach. [ABSTRACT FROM AUTHOR]

When flying under visual flight rules, pilots must remain clear of clouds. The exact distance varies by airspace class, and this is determined by specific regulatory requirements found within 14 C.F.R. Section 91.155. But there are important questions about the extent to which pilots comply with this regulation, as determining one's exact distance from clouds is challenging. In this conference paper, we assess the decisions of the National Transportation Safety Board (NTSB) in 20 Federal Aviation Administration (FAA) legal enforcement actions involving a violation of cloud clearance requirements. Among these cases, we examine how 91.155 violations were discovered, the form of sanction imposed by the FAA, the timelines associated with appeals for these cases, and the vote composition of the NTSB in these decisions. [ABSTRACT FROM AUTHOR]

The article discusses digital evidence and the history pf private "papers" as special objects of search and seizure in America as of January 2013, focusing on the impact of technology on evidence law in the U.S., as well as information on general warrants and state search and seizure provisions prior to the establishment of the U.S. Constitution (USC). The Fourth Amendment to the USC is addressed, along with probable cause and the U.S. Supreme Court case Boyd v. United States. American common law and constitutional protections in the U.S. are examined.

The revival of the nondelegation doctrine, foreshadowed last term in Gundy v. United States, signals the end of a distinctive style of legal and political thought. The doctrine's apparent demise after the 1930s facilitated the development of a methodological approach that embodied what Lon Fuller once called "the spirit of the Federalist Papers": an openended engagement with the problem of designing democracy and controlling public power. At its best, this discourse was critical and propulsive, with each purported solution generating more questions than it answered. The turn against congressional delegations will likely bring to a close this period of open and self-critical experimentation. In its place, we are likely to see the emergence of warring visions of the administrative state, each claiming legitimacy--neither credibly--according to its own comprehensive normative doctrine. [ABSTRACT FROM AUTHOR]

The article discusses legal issues regarding prenuptial agreements amidst the growing popularity of the process in the U.S. Also cited are the need for courts to conduct double litigation to decide the validity of premarital agreements, how a well-written agreement prevents double litigation, and how said agreements allow couples to handle issues over their finances.

The article focuses on the precedent formed in the U.S. Supreme Court case New York Times Co. versus (v.) United States, also known as (aka) the Pentagon Papers. It states that the actions by Julian Assange in the unauthorized issuance of classified data are a ploy to earn notoriety for WikiLeaks, which is his website. It says that restrictions on free press and on free speech are not new. It says that the case hinges on two free speech established tests, such as imminent lawless action and a present and clear danger.

One of the most interesting developments in patent law during the last century is the catastrophic collapse of the paper patent doctrine, which had authorized courts to discriminate against patents that were never successfully practiced by their patentees. The doctrine's demise opened the door for the dramatic and controversial rise in patent litigation by "nonpracticing entities" or "patent trolls "—entities that, in the words of President Obama, "don't actually produce anything themselves." This Article undertakes a comprehensive review of this lost doctrine and shows that the doctrine took a balanced approach, hurting patentees who never developed their technologies but helping those who had. The doctrine declined because it could not be reconciled with the theoretically impoverished views about information disclosure embraced by courts of the late twentieth century. With the advent of more sophisticated theories about the value of learning-by-doing and, more generally, about the problems associated with generating and disseminating information, the paper patent doctrine now has what it lacked in the past—a solid theory for favoring patents that were taught not just through paper disclosure but also by real-world practice. This Article concludes that the paper patent doctrine should be revived and that existing case law provides a sufficient foundation for a revival. [ABSTRACT FROM AUTHOR]

climate litigation rulings are widely viewed as the ultimate tool to enforce climate compliance. The objective of this paper is to evaluate whether a ruling on climate litigation has an impact on corporate share price and the direction of the effect. Prior work inclination is on the concept of climate law entropy and the recent case ruling on Lufthansa's climate litigation. The methodology is mixed with a review of relevant literature and mini-quantification of value difference using a t-test to analyse difference in mean share price before and after climate litigation ruling on Lufthansa, and finally a formulation of framework. Findings show that unlike previous ubiquitous literature findings, the share price of Lufthansa experienced a significant increase in value after the climate litigation ruling with a significant p-value of less than 0.01 (which indicates high significance level of difference in share price). The paper has practical and theoretical implications, for business law academics and for practitioners. Climate litigation may serve a dual role of enforcing climate law compliance and instilling corporate legitimacy. The paper contributes original value to corporate climate litigation literature by proposing a novel conceptual framework for understanding the diverse differential impact of climate litigation on corporate share price. [ABSTRACT FROM AUTHOR]

The European desire to ensure that bearers of EU rights are adequately compensated for any infringement of these rights, particularly in cases where the harm is widely diffused, and perhaps not even noticed by those affected by it, collides with another desire: to avoid the perceived excesses of an American-style system of class actions. The excesses of these American class actions are in European discourse presented as a sort of bogeyman, which is a source of irrational fear, often presented by parental or other authority figures. But when looked at critically, the bogeyman disappears. In this paper, I examine the European (and UK) proposals for collective action. I compare them to the American regime. The flaws and purported excesses of the American regime, I argue, are exaggerated. A close, objective examination of the American regime shows this. I conclude that it is not the mythical bogeyman of a US class action that is the barrier to effective collective redress; rather, the barriers to effective, wide-ranging group actions lie within European legal culture and traditions, particularly those mandating individual control over litigation. [ABSTRACT FROM AUTHOR]

The article discusses the International Criminal Court's (ICC's) issuance of a judgement in the 2014 case Prosecutor v. Katanga which deals with international criminal laws, criminal defendant Germain Katanga, and crimes against humanity. According to the article, the court outlines policies to improve prosecutorial outcomes in cases involving sexual and gender-based crimes. War crime litigation and the Rome Statute are mentioned, along with the ICC's jurisdiction and sexual slavery laws.

The article discusses the California's Supreme Court case Save the Plastic Bag Coalition v. City of Manhattan Beach, wherein it was held that the City of Manhattan Beach acted within its discretion in order to approve the plastic bag ban on the basis of a Negative Declaration (ND), rather than a full Environmental Impact Report (EIR). The court sided with the plaintiff, Save the Plastic Bag Coalition, on the issue of corporate standing under the California Environmental Quality Act (CEQA).

The article discusses a court case of Womack v. Orchids Paper Products Co. 401(k) Savings Plan as decided by the U.S. District Court of the Northern District of Oklahoma based on the Employee Retirement Income Security Act of 1974. The breach of fiduciary duty, regulation of financial markets and investor protection are discussed. The importance of trust relationships, issues related to suspicion in public and social capital are also discussed.

The article focuses on the constitutionality of the personal injury protection (PIP) claims in the F.S. Section 627.736(4)(b) of the Automobile Reparations Reform Act in Florida in the advent of paper independent medical examinations (IMEs). It discusses court cases involving no-fault scheme. Moreover, the provisions denying plaintiff the right to sue was not a violation of access to courts because it was replaced with an exemption from tort liability and to recover uncontested benefits.

The article reports on the disclosure of the top secret history of the Vietnam war involving Julian Assange as the international version of Daniel Ellsberg. It highlights the case on the publication of the Pentagon Papers which was moved to the Supreme Court by solicitor General Erwin Griswold. It notes that in 1971 the Supreme Court ruled that the government cannot stop the publication unless there are proofs that the said disclosure will result in irreparable damage to the nation.

The article provides a review on the papers entitled "The Dynamics of Judicial Review Litigation: The Resolution of Public Law Challenges Before Final Hearing" and Mediation and "Judicial Review: An Empirical Research Study." It assesses that they provide a picture of how judicial review are run and resolved by lawyers, judges and mediators. It perceives that they raise the perspective of prehearing settlements and offers optimistic view of the ability of lawyers to come to satisfactory outcomes without the intervention of mediator or judges.

Copyright of Persona y Derecho is the property of Servicio de Publicaciones de la Universidad de Navarra, S.A. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Reports the complexity of patent claim interpretation laws of the United States. Decisions of the Federal court on IMS Technology, Inc. versus Haas Automation, Inc.; Comments on the decision for Kemco Sales versus Control Papers; Discussion on a non-uniform standard for means-plus-function claims assessment.

Recently, an SEC administrative judge suspended the Big Four accounting firms' China affiliates from practicing before the SEC for six months, citing the firms' refusal to turn over audit work papers requested by the SEC. This decision has since sparked a debate over the SEC's authority to access foreign audit work papers when those documents are stored in jurisdictions that restrict or prohibit their transfer without authorities' prior approval. In this Note, I trace the legislative history defining the SEC's everexpanding power to access foreign audit work papers with a focus on section 106(e) of the Sarbanes-Oxley Act of 2002. I also map out the development of the violation of non-U.S. laws defense that accounting firms frequently assert to counter the SEC's document requests. Against this background, I will argue that the administrative law judge's interpretation of section 106(e) is seriously flawed. It may lead to untenable results that could be contrary to Congress's intent and are certainly against the purposes of the SEC's own disciplinary proceedings. Drawing upon the federal courts' long-time jurisprudence in handling extraterritorial discovery disputes in civil litigations, I propose an alternative analytical framework that embraces a "good faith" defense to balance the SEC's need to access foreign audit work papers with a foreign country's authority to regulate its accounting profession. [ABSTRACT FROM AUTHOR]

Congress created the Equal Employment Opportunity Commission to effectuate the ends of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin. To effectuate those ends, Congress vested the EEOC with authority to not only receive, investigate, and conciliate charges of employment discrimination, but also to enforce Title VII against private employers who discriminate by initiating suit against them. After the EEOC receives a charge of employment discrimination, it must, after completing an investigation, attempt to conciliate the charge with a private employer accused of discrimination before initiating suit. The EEOC's "duty to conciliate is at the heart of Title VII," so a critical question arises when the EEOC appears to violate its duty by, for instance, making egregious demands of an employer: what is the proper standard for reviewing whether the agency has satisfied its statutory duty to conciliate? The federal circuit courts of appeals are split between two standards of review-the deferential and the stringent standards of review. This Comment argues that the deferential standard of review is inadequate to protect private employers from the EEOC's potential abuse of its statutory duty. Rather, the stringent standard is the proper standard, and it is consistent with the text, purpose, legislative history, and jurisprudence of Title VII. [ABSTRACT FROM AUTHOR]

Focuses on the case filed by the United Paperworkers International Union against the International Paper Company at the United States Court of Appeals. Grounds for filing the case; Stress on the issue of environmental disclosure and materiality; Court decision on the case.

This research paper is based on the investigation of over 1000 lawsuits for the declaration of nullity of marriage initiated at the Church Interdiocesan Tribunal in Split between 2000 and 2020. The main aim of this research paper was to focus on the lawsuits connected with the canon 1095, n. 3, especially on the problems of gambling addiction. The materials were analysed synthetically, and data were collected on a number of lawsuits conducted under this canon and on specific reasons for filing a lawsuit. Data on annulation of matrimony were also collected. The data are presented in an anonymous and aggregated manner. Descriptive and inferential statistical methods were used. The paper consists of a theoretical part and methodology, which includes the motive of the paper, the description of the sample used and the criteria of inclusion, materials, methods and procedures of paper, and the presentation of the results, together with the discussion of the results. [ABSTRACT FROM AUTHOR]

In the context of the national strategy of the construction of the Guangdong‐Hong Kong‐Macao Greater Bay Area, the first institutional breakthrough in cross‐border insolvency cooperation between the Chinese Mainland and Hong Kong was achieved on 14 May 2021, and the first case of recognition and assistance in insolvency proceedings in Hong Kong, Re Samson Paper Co Ltd., emerged in judicial practice in December 2021. The judicial practice of Samson not only successfully verifies the great significance of the Record of Meeting and the Opinion for institutional ice‐breaking of cross‐border insolvency cooperation in the Chinese Mainland, but also reflects the practical effects and legislative issues of the above documents on the mechanism of insolvency cooperation between two areas. In view of the problems reflected by the practice of Re Samson Paper Co Ltd. and existing in the legislation, this paper puts forward specific proposals for the cross‐border insolvency cooperation between the Chinese Mainland and Hong Kong, including abolishing the precondition of reciprocity, strengthening exchanges, and cooperation between the two areas on parallel bankruptcy issues, and supplementing the coordination of parallel bankruptcy procedures for cross‐border insolvency. It also proposes domestic legislation on cross‐border insolvency recognition and assistance in China in a point‐by‐point manner, so as to achieve the establishment of a sound cross‐border insolvency cooperation mechanism in line with the international community. [ABSTRACT FROM AUTHOR]

The Supreme Court's announcement that it would hear two personal jurisdiction cases last Term raised the hope that it would clarify an area of doctrine that has been unclear for 20 years. The Court's decision on general jurisdiction satisfied those expectations at least in part. The Court's specific personal jurisdiction decision, by contrast, only made things worse. This essay provides a critical analysis of the Nicastro decision on specific personal jurisdiction. Part Two surveys some of the history of personal jurisdiction doctrine, with an emphasis on the tension between rules and standards. Part Three grapples with Nicastro and its possible meanings and concludes that Nicastro undermines much of the understanding (such as it was) that shaped the last thirty-plus years of personal jurisdiction doctrine. Part Four suggests an approach to personal jurisdiction based in state interests and relative burdens--one that takes federalism seriously yet at the same time would uphold more assertions of jurisdiction. Part Five turns to a different topic: the rhetoric of Justice Kennedy's and Justice Breyer's opinions. Justice Kennedy repeatedly insisted that personal jurisdiction is about "submission " to sovereign (judicial) authority, and I consider some of the ramifications of this claim, particularly in relationship to Justice Kennedy's opinions in other cases. For his part, Justice Breyer provided examples of people over whom he thought personal jurisdiction would be inappropriate. These examples rest on a set of assumptions about national and regional characteristics, as well as a conception about jurisdiction that assumes a sharp distinction between periphery and metropole. His approach, in other words, rests on a different, more cosmopolitan, but perhaps also more disturbing, idea of sovereignty. [ABSTRACT FROM AUTHOR]

The article highlights the Cook County Simultaneous Expert Disclosure Pilot Project, which is aimed at addressing the issues beyond legal concerns. The Pilot Project was first implemented as voluntary, requiring the consent of both plaintiff and defendant, but it was soon requested that plaintiffs be included in the Pilot Program. The Illinois Association of Defense Trial Counsel (IDC) recommends amendment of the sequence of Rule 213 among others.