LAW
IN THE
HEADLINES
SPRING 2023
Material
Prepared to be
Shared in
Class is
Available at http://www.lharpaz.com/ContinuingEd/CLL/lawintheheadlinesspring2023.html
I welcome your
suggestions
for other
subjects you’d
like to hear
about. Please
use the
following link
if you would
like to make
suggestions
for topics you
would like
covered in
upcoming
classes:
http://www.lharpaz.com/ContinuingEd/CLL/2023suggestions/
Class 7 - May
18, 2023
Access for
Disabled
Patrons at
Broadway Shows
-
https://www.nytix.com/articles/access-for-the-disabled-at-broadway-shows:
https://www.nytix.com/articles/access-for-the-disabled-at-broadway-shows
Theatre Access
NYC (provides
links to
access at
major Broadway
theaters: https://www.theatreaccess.nyc
Class 6 - May
11, 2023
Copyright
Registration
Guidance:
Works
Containing
Material
Generated by
Artificial
Intelligence:
https://www.federalregister.gov/documents/2023/03/16/2023-05321/copyright-registration-guidance-works-containing-material-generated-by-artificial-intelligence
AI created a
song mimicking
the work of
Drake and The
Weeknd. What
does that mean
for copyright
law? by Rachel
Reed (Harvard
Law Today, May
2, 2023):
https://hls.harvard.edu/today/ai-created-a-song-mimicking-the-work-of-drake-and-the-weeknd-what-does-that-mean-for-copyright-law/
New York v.
New Jersey:
Under the
default
contract-law
rule at the
time of the
Compact’s 1953
formation, as
well as today,
a contract
(like this
Compact) that
contemplates
“continuing
performance
for an
indefinite
time is to be
interpreted as
stipulating
only for
performance
terminable at
the will of
either party.”
1 R. Lord,
Williston on
Contracts
§4:23, p. 570
(4th ed.
2022); see
also, e.g.,
Restatement
(Second) of
Contracts §33,
Comment d, p.
94 (1979); 1
S. Williston,
Law of
Contracts §38,
p. 59 (1920);
Compania
Embotelladora
Del Pacifico,
S. A. v. Pepsi
Cola Co., 976
F. 3d 239, 245
(CA2 2020); In
re Miller’s
Estate, 90 N.
J. 210, 219,
447 A. 2d 549,
554 (1982);
Zimco
Restaurants,
Inc. v.
Bartenders and
Culinary
Workers Union,
Local 340, 165
Cal. App. 2d
235, 240
(1958);
Fulghum v.
Selma, 238 N.
C. 100,
103–104, 76 S.
E. 2d 368,
370–371
(1953); Bailey
v. S. S.
Stafford,
Inc., 178 App.
Div. 811, 815,
166 N. Y. S.
79, 82 (1917).
Class 5 - May
4, 2023
Art. I, Sec.
10, Clause 3:
No State
shall, without
the Consent of
Congress, lay
any Duty of
Tonnage, keep
Troops, or
Ships of War
in time of
Peace, enter
into any
Agreement or
Compact with
another State,
or
with a foreign
Power, or
engage in War,
unless
actually
invaded, or in
such imminent
Danger as will
not admit of
delay.
Class 4 - Apr.
27, 2023
Title VII:
“The term
‘religion’
includes all
aspects of
religious
observance and
practice, as
well as
belief, unless
an employer
demonstrates
that he is
unable to
reasonably
accommodate to
an employee’s
or prospective
employee’s
religious
observance or
practice
without undue
hardship on
the conduct of
the employer’s
business.”
Class 3 - Apr.
20, 2023
Plaintiff's
Complaint in
Generation to
Generation v.
Florida: https://www.ldorvador.org/wp-content/uploads/2022/06/AMENDED-COMPLAINT-FOR-INJUNCTION-AND-DEC-ACTION.pdf
Class 2 - Apr.
13, 2023
Art.
I, Sec. 4:
"The Times,
Places and
Manner of
holding
Elections for
Senators and
Representatives,
shall be
prescribed in
each State by
the
Legislature
thereof; but
the Congress
may at any
time by Law
make or alter
such
Regulations,
except as to
the Place of
choosing
Senators."
U.S. Solicitor
General's
Supplemental
Brief in Moore
v. Harper:
“The present
posture of
this case is
unusual, and
we are not
aware of any
precedent
addressing the
application of
Section
1257(a) and
Cox in
circumstances
like these. In
the view of
the United
States, the
North Carolina
Supreme
Court’s grant
of rehearing
makes it
difficult to
conclude that
the state
court has
entered a
‘[f]inal
judgment[]’
reviewable by
this Court
under 28
U.S.C.
§1257(a). But
we acknowledge
that it is
anomalous for
a state
court’s action
to divest this
Court of
jurisdiction
after the
Court has
already
granted
certiorari
(and, in this
case, heard
oral
argument). We
identify below
arguments that
would avoid
that result,
either in this
case or in
future cases
raising the
same general
issue. As we
explain, we do
not believe
that those
arguments
warrant the
continued
exercise of
jurisdiction
under the
circumstances
presented
here. But we
acknowledge
that no
precedent
squarely
governs this
issue, and
that the Court
could
reasonably
reach a
different
conclusion.”
Class 1 - Mar.
30, 2023
IDEA Provision -
20 U.S.C.
§1415(1):
“Nothing
in this chapter
shall be
construed to
restrict or
limit the
rights,
procedures, and
remedies
available under
the Constitution,
the
Americans with
Disabilities Act
of 1990,
title V of the
Rehabilitation Act
of 1973, or other
Federal laws
protecting the
rights of children
with disabilities,
except
that before the
filing of a
civil action
under such laws
seeking
relief
that is also
available under
this subchapter,
the procedures
under
subsections (f)
and (g) shall be
exhausted to the
same extent as
would be
required had the
action been
brought under
this
subchapter.”
End of Semester
Celebration Poem
The Supreme
Court Term
The Supreme
Court drives me
crazy;
Maybe they’re
just being lazy.
So many cases
are still
pending;
It seems like
it’s never
ending.
Affirmative
action on the
ropes,
And voting is
dashing our
hopes.
Copyright and
trademark cases,
Covering all of
the bases.
They granted the
cert petitions,
Raising fear and
deep suspicions.
Now they keep
stringing us
along,
Making it harder
to stay strong.
Waiting for the
next blow to
fall,
The next bad
decision they
install.
Will their pace
become very
quick?
So much reading
to do we feel
sick.
Do they hope
some will get
forgotten,
The worst that
are truly
rotten?
Let us make sure
we shine a
light,
Even if they are
hidden from
sight.
They won’t get
away with their
crime,
Even if I end
with a bad
rhyme.