Legal Commentary: Marci A. Hamilton Archive


Archive

 Columns by Marci A. Hamilton - Page 1  Most Recent | Page 5 | Page 4 | Page 3 | Page 2 | Page 1  

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 Florida votes. Professor Hamilton contends that the Supreme Court's recent decision, which led to Vice President Gore's concession, provides standards of fairness 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 was.
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 had the 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 become chaotic.
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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