INTELLECTUAL PROPERTY ISSUES FOR THE NEXT ADMINISTRATION
FindLaw columnist and NYU law professor Marci Hamilton discusses important
intellectual property issues that the Bush administration, and Congress,
should confront. Professor Hamilton explores the issues in areas ranging from
international intellectual property law, to database information ownership,
to Internet privacy, to rights in creative works, and warns that if the
people are not vigilant about these issues, important rights may soon be lost.
Thursday, Jan. 04, 2001
HOLDING THE PRESS ACCOUNTABLE AS IT "RECOUNTS"
FindLaw columnist and NYU law professor Marci Hamilton sets down principles
that, she argues, should guide the press' post-election evaluation of
votes. Professor Hamilton contends that the Supreme Court's recent
which led to Vice President Gore's concession, provides standards of
and equality among voters that should not only be honored by state
legislatures, but also considered carefully by the press before it purports,
in retrospective, to ascertain who the "real" vote count winner in Florida
Thursday, Dec. 21, 2000
WHY THE SUPREME COURT'S OPINION WAS NEITHER PARTISAN NOR POLITICAL
FindLaw columnist, NYU law professor, and former Supreme Court clerk Marci
Hamilton defends the U.S. Supreme Court's recent per curiam opinion, which
effect of deciding the election, from charges that it was partisan and
political. Hamilton contends that Justices in both the majority and in
dissent found broad agreement on the case's voting rights issue (7-2) that
was more significant than their split (5-4) as to remedy, and that the case
will be remembered historically as an important Equal Protection Clause
precedent, not as an instance of party politics as many have claimed.
Thursday, Dec. 14, 2000
THE ELECTION -- NOT A CONSTITUTIONAL CRISIS, AFTER ALL
FindLaw columnist and NYU law professor Marci Hamilton discusses the many
Constitutional mechanisms that have come into play, both directly and more
subtly, in the election -- ranging from federalism to separation of powers to
the First Amendment -- and concludes that our Constitutional structure has
admirably preserved social order and civility in a situation that could have
Thursday, Dec. 07, 2000
THE STORY BEHIND THE MP3.COM JUDGMENT
The Universal/MP3.com settlement was the result of a much more complicated
game of legal chess than many have suggested. As FindLaw columnist and NYU
law professor Marci Hamilton explains, if Universal had refused to settle,
it would have risked getting its case kicked out of federal court entirely.
Thursday, Nov. 23, 2000
WHY THE SUPREME COURT TRULY MATTERS TODAY
FindLaw columnist and NYU law professor Marci Hamilton discusses two important cases that are before the Supreme Court this Term, involving the ADA and the Clean Air Act, and explains how they may illustrate a new trend of the Court's vigorously policing the bounds of the constitutional roles of Congress and the Executive.
Thursday, Nov. 09, 2000
GEORGE W.: A TRUE BIPARTISAN
Law Professor and FindLaw columnist Marci Hamilton contends that George W.
Bush's claim that he can form bipartisan coalitions is accurate -- as is evidenced by
his support for Texas' compromise version of its Religious Freedom Restoration Act.
Thursday, Oct. 26, 2000
THE INTERNET HONEYMOON IS OVER
Technology Law Professor and FindLaw Columnist Marci Hamilton argues that
the Microsoft, Naspter, MP3.com, and ICANN disputes show how traditional
legal rules are reasserting themselves in cyberspace.
Thursday, Oct. 12, 2000
THE CONSTITUTION AND YOUR CDS
A law professor explains why Sheryl Crow and other recording artists are pressing Congress to undo recent amendments to the copyright laws that made "sound
recordings" eligible for "work-made-for-hire" status.
Tuesday, Sep. 19, 2000
THE ADA AND FEEL-GOOD LEGISLATION
A Cardozo School of Law professor criticizes the Americans with
Disabilities Act, and, more fundamentally, Congress' failure to wrestle
with the hard questions that accompanied such sweeping legislation.
Thursday, Jul. 27, 2000
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