{"id":52507,"date":"2016-09-30T11:27:00","date_gmt":"2016-09-30T16:27:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/supreme\/legal-commentary\/marci-a-hamilton-archive-1.html"},"modified":"2016-09-30T11:27:00","modified_gmt":"2016-09-30T16:27:00","slug":"marci-a-hamilton-archive-1","status":"publish","type":"supreme","link":"https:\/\/supreme.findlaw.com\/legal-commentary\/marci-a-hamilton-archive-1.html","title":{"rendered":"Marci A. Hamilton Archive"},"content":{"rendered":"\n
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Legal Commentary: Marci A. Hamilton Archive<\/h1>\n\n
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INTELLECTUAL PROPERTY ISSUES FOR THE NEXT ADMINISTRATION<\/a>\n\n
\nFindLaw columnist and NYU law professor Marci Hamilton discusses important \n\nintellectual property issues that the Bush administration, and Congress, \n\nshould confront. Professor Hamilton explores the issues in areas ranging from \n\ninternational intellectual property law, to database information ownership, \n\nto Internet privacy, to rights in creative works, and warns that if the \n\npeople are not vigilant about these issues, important rights may soon be lost.\n\n
\n<\/span>\nThursday, Jan. 04, 2001<\/span>\n<\/p>\n\n\n\n

HOLDING THE PRESS ACCOUNTABLE AS IT “RECOUNTS”<\/a>\n\n
\nFindLaw columnist and NYU law professor Marci Hamilton sets down principles\nthat, she argues, should guide the press’ post-election evaluation of\nFlorida\nvotes. Professor Hamilton contends that the Supreme Court’s recent\ndecision,\nwhich led to Vice President Gore’s concession, provides standards of\nfairness\nand equality among voters that should not only be honored by state\nlegislatures, but also considered carefully by the press before it purports,\nin retrospective, to ascertain who the “real” vote count winner in Florida\nwas.
\n<\/span>\nThursday, Dec. 21, 2000<\/span>\n<\/p>\n\n\n

WHY THE SUPREME COURT’S OPINION WAS NEITHER PARTISAN NOR POLITICAL<\/a>\n
\nFindLaw columnist, NYU law professor, and former Supreme Court clerk Marci\nHamilton defends the U.S. Supreme Court’s recent per curiam opinion, which\nhad the\neffect of deciding the election, from charges that it was partisan and\npolitical. Hamilton contends that Justices in both the majority and in\ndissent found broad agreement on the case’s voting rights issue (7-2) that\nwas more significant than their split (5-4) as to remedy, and that the case\nwill be remembered historically as an important Equal Protection Clause\nprecedent, not as an instance of party politics as many have claimed.\n
\n<\/span>\nThursday, Dec. 14, 2000<\/span>\n<\/p>\n\n

THE ELECTION — NOT A CONSTITUTIONAL CRISIS, AFTER ALL<\/a>\n
\nFindLaw columnist and NYU law professor Marci Hamilton discusses the many \nConstitutional mechanisms that have come into play, both directly and more \nsubtly, in the election — ranging from federalism to separation of powers to \nthe First Amendment — and concludes that our Constitutional structure has \nadmirably preserved social order and civility in a situation that could have \nbecome chaotic.\n
\n<\/span>\nThursday, Dec. 07, 2000<\/span>\n<\/p>\n\n

THE STORY BEHIND THE MP3.COM JUDGMENT<\/a>\n
\nThe Universal\/MP3.com settlement was the result of a much more complicated\ngame of legal chess than many have suggested. As FindLaw columnist and NYU\nlaw professor Marci Hamilton explains, if Universal had refused to settle,\nit would have risked getting its case kicked out of federal court entirely.\n
\n<\/span>\nThursday, Nov. 23, 2000<\/span>\n<\/p>\n\n

WHY THE SUPREME COURT TRULY MATTERS TODAY<\/a>\n
\nFindLaw 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. \n
\n<\/span>\nThursday, Nov. 09, 2000<\/span>\n<\/p>\n\n

GEORGE W.: A TRUE BIPARTISAN<\/a>\n\n
\nLaw Professor and FindLaw columnist Marci Hamilton contends that George W. \nBush’s claim that he can form bipartisan coalitions is accurate — as is evidenced by \nhis support for Texas’ compromise version of its Religious Freedom Restoration Act.\n
\n<\/span>\nThursday, Oct. 26, 2000<\/span>\n<\/p>\n\n

THE INTERNET HONEYMOON IS OVER<\/a>\n\n
\nTechnology Law Professor and FindLaw Columnist Marci Hamilton argues that\nthe Microsoft, Naspter, MP3.com, and ICANN disputes show how traditional\nlegal rules are reasserting themselves in cyberspace.
\n<\/span>\nThursday, Oct. 12, 2000<\/span>\n<\/p>\n\n

THE CONSTITUTION AND YOUR CDS<\/a>\n\n
\nA law professor explains why Sheryl Crow and other recording artists are pressing Congress to undo recent amendments to the copyright laws that made “sound\nrecordings” eligible for “work-made-for-hire” status.
\n<\/span>\nTuesday, Sep. 19, 2000<\/span>\n<\/p>\n\n

THE ADA AND FEEL-GOOD LEGISLATION<\/a>\n\n
\nA Cardozo School of Law professor criticizes the Americans with\nDisabilities Act, and, more fundamentally, Congress’ failure to wrestle\nwith the hard questions that accompanied such sweeping legislation.
\n<\/span>\nThursday, Jul. 27, 2000<\/span>\n<\/p>\n\n\n\n\n\n\n\n\n

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