Kyllo v. United States and the Partial Ascendance of Justice Scalia’s Fourth Amendment

Richard H. Seamon
The recent terrorist attacks on the United States will inspire a call for intrusive, new surveillance technology. When used by the government, this technology strains the Fourth Amendment. That is because the technology often can enable the government to gather information in ways that are hard to analyze under a provision that seems to address physical interferences with tangible things (i.e., “searches” and “seizures” of “persons, houses, papers, and effects”).…

Discrediting Accreditation?: Antitrust and Legal Education

Marina Lao
This Article addresses the major antitrust issues concerning ABA accreditation. The first issue pertains to the reach of the unsettled state action and petitioning immunity doctrines, and the First Amendment. The analysis of state action and petitioning immunity draws a distinction between restraint on competition flowing from decisions to grant or deny accreditation and their associated state use on the one hand, and restraints on competition emanating from the accreditation…

Culturally-Based Copyright Systems?: The U.S. and Korea in Conflict

Ilhyung Lee
This Article offers a more complete elaboration of the cultural dimension of copyright, principally for the Korean copyright system, but to some extent for the U.S. system as well. In so doing, this Article examines the cultural attitudes reflected in each jurisdiction’s copyright, and critiques and measures those cultural attitudes for practical and current applicability. This process ensures that the matter of culture in copyright receives the balanced attention that…

The FTDA’s “Causes Dilution” Causing Problems: Analyzing the Ringling Bros. and Nabisco Standards After the Trademark Amendments Act of 1999

David L. Orwick