Capital Punishment: Evaluating an Investor\u27s Secondary Copyright Infringement Liability after \u3ci\u3eVeoh\u3c/i\u3e

In UMG Recordings, Inc. v. Veoh Networks, Inc., the U.S. District Court for the Central District of California considered claims that investors in a privately-held corpor-ation were secondarily liable for copyright infringement. The Veoh court findings, which set out current secondary copy-right infringement law, provide guidance for investors by clarifying their potential liability for copyright infringement committed by the company in which they invested. However, because the decision was fact-specific, this guidance is incomplete. For example, the court found that the investor neither controlled the infringing activities nor reaped direct financial benefit from them. This leaves open for further decisions the situation in which only one factor is present. In addition, Veoh bases secondary liability on such subjective concepts as “control,” “supervision,” “ability to supervise,” “reason to know,” “material assistance,” “encouragement to infringe,” and “direct financial interest.” Therefore, future cases involving similar facts are susceptible to contrary results based on the court’s interpretation of these concepts. This Article examines the standards established and the cases distinguished by the Veoh court to determine conditions under which an investor may be held liable for the copyright infringement of the investment target and proposes practical steps to minimize liability exposure

Fair Notice: Providing for Electronic Document Transmissions to Shareholders in Washington State

In 2008, Washington State amended Wash. Rev. Code § 23B.01.410 to allow electronic transmission of materials accompanying corporate notices to shareholders. This amendment, combined with an earlier change allowing corporations operating within the state to notify shareholders through certain types of electronic transmissions, incorporated several Securities and Exchange Commission (SEC) suggestions to expand the authorized uses of Internet-based technology to communicate with shareholders. However, corporations operating across state lines are subject to a complex variety of state notice requirements. These differences create an uneven national standard for which types of electronic communication constitute sufficient notice. This statutory variance compels corporations to fulfill certain consent, availability, and confirmation requirements that are not uniform among the various states. This Article examines the SEC rules related to electronic shareholder notification, surveys the applicable laws in all 50 states, and analyzes the coverage provided by the recent amendments to the Washington statute

A study of physical and personnel problems associated with the consolidation of a group of electric companies

Thesis (M.B.A.)--Boston Universit

A Split by Any Other Name ...

We applaud the contribution that the Commission on Structural Alternatives for the Federal Courts of Appeals (White Commission) has made to the public debate regarding how the federal courts of appeals can cope with the demands of ever increasing caseloads and no new judicial resources. The White Commission has conscientiously discharged its challenging assignment in the very brief period which Congress allotted. We believe, however, that a careful review of the Commission\u27s research reveals no significant evidence of dysfunction in any court of appeals, and certainly none sufficiently severe to warrant its ultimate recommendation to restructure the Ninth Circuit Court of Appeals into three autonomous adjudicative divisions. We submit that the Commission has not met its burden of persuasion for such sweeping change. Therefore, we urge Congress to authorize the Ninth Circuit, which has been the acknowledged national leader in experimenting with innovative methods of resolving large caseloads, to continue and expand upon that record of successful experimentation. In this article, we suggest that those who propose to change a successful, century-old institution must bear the burden of persuasion regarding the need for modification. In the first section of this article, we explore some of the principal concerns that the members of the Commission, as well as certain observers of the Ninth Circuit, have raised during the study process. In the second section, we show that, by standard measures of judicial administration and performance, the Ninth Circuit Court of Appeals is operating as well as or better than the other courts of appeals which were not the focus of the White Commission\u27s recommendations. The next section reviews how the untested restructuring proposed by the Commission will cause more problems than it was intended to fix. Finally, in the fourth section, we offer a constructive alternative approach that the Ninth Circuit has already implemented. We examine the work of the Ninth Circuit\u27s Evaluation Committee, which is developing innovative solutions to address many of the same concerns that the Commission sought to alleviate through its restructuring proposal. Through more modest modifications to court operations, the Ninth Circuit will be able to maintain its flexibility and adaptability in order to meet the caseload demands of the next millennium. We conclude by suggesting that Congress authorize the Ninth Circuit to continue experimenting with measures that promise to enhance court operations

Quaternary Geology and Seismic Hazard of the Sierra Madre and Associated Faults, Western San Gabriel Mountains

This detailed study of a 40-km-long section of the Sierra Madre and associated fault zones in the central transverse Ranges, along the south side of the San Gabriel Mountains, is aimed at providing information for evaluating the seismic hazard that these faults pose to the heavily populated area immediately to the south. Evidence on the location of fault strands and the style and timing of fault movements during the Quaternary was obtained from detailed geologic mapping, aerial-photograph interpretation, alluvial stratigraphy, structural and stratigraphic relations in some 33 trench excavations at critical localities, and subsurface data. We present a time-stratigraphic classification for the Quaternary deposits in the study area, based on soil development, geomorphology, and contact relations among the alluvial units. We distinguish four units, with approximate ages, as follows: unit 4, about 200,000 yr to middle Quaternary; unit 3: about 11,000 to 200,000 yr; unit 2; about 1,000 to 11,000 yr; and unit 1; younger than about 1,000 yr. We use this classification to evaluate on a semi-quantitative basis the evidence for fault activity in the study area and to infer the relative seismicity of different segments of the Sierra Madre fault zone during the Quaternary. Alluvial-fan development (particularly fanhead incision and the ages of alluvial-fan deposits) also gives clues as to relative seismicity. The most active segment of the Sierra Madre fault zone within the study area is the westernmost section, adjacent to the faults that broke during the 1971 San Fernando, Calif., earthquake. The age of activity, as indicated by the occurrence of Holocene faulting, decreases toward the east. Along the Sierra Madre fault, through La Canada, Altadena, Sierra Madre, and Duarte, is abundant evidence of late Pleistocene faulting. Total vertical displacement is more than 600 m, but there is no evidence for Holocene fault movement. These observations suggest that the presently applicable recurrence interval between major earthquakes in the central and eastern sections of the Sierra Madre fault zone is longer than about 5,000 yr. The local magnitude (M_L) of the largest credible earthquake that could occur on the Sierra Madre fault zone in the study area is estimated at 7, on the grounds that the fault zone is probably limited mechanically by subdivision into separate arcuate segments about 15 km long. The Raymond fault, which branches southwestward from the Sierra Madre fault in the eastern part of the study area, shows well-defined evidence of a late Quaternary history of repeated fault movements. Displacements of alluvial strata observed in trench excavations across the fault give evidence of five major seismic events, whose times of occurrence can be estimated from radiometric dating at approximately 36,000, 25,000, 10,000-2,200 (two events), and 2,200-1,500 yr B.P. Further evidence suggests at least three more faulting events in the past 29,000 yr, for which specific dates cannot be determined. Because some additional events probably remain undetected, we infer that an average recurrence interval of about 3,000 yr, with an average vertical displacement of 0.4 m per event, is applicable to the Raymond fault in its present state, as indicated by its history of movement over the past 36,000 yr. This level of activity is distinctly higher than that found for the Sierra Madre fault zone in the central and eastern parts of the study area. If the entire 15-km length of the Raymond fault would rupture in a single event, as seems likely, a maximum credible earthquake of M_L 6 3/4 can reasonably be assumed

THE 2020 NFL DRAFT: DUAL-CAREER (DC) MESSAGING ON EDUCATION, FAMILIES, GENDER, AND RACE UNDER AMERICAN CAPITALISM

This paper is an examination of the 2020 National Football League (NFL) Draft and how the virtual prism created due to the COVID-19 pandemic provides insight on the dual career identities of collegiate football players that are drafted into the NFL. The virtual prism created by the COVID-19 pandemic is a moment for cultural studies to take up seriously, namely because of the clear tensions and synergies between academic and athletic prowess, racial inequality in higher education, racial socialization, the continued racialization of the vocational realm, and media biases. Our method involved an analysis of secondary compiled data from the NFL. In our data analyses, we focused on the idea of credited season, player eligibility, team graduation rate. We also used athlete triangulation information to advance our understanding of the dual career, family, masculinity, and race. Ultimately, we conclude that NFL players possess a comparable set of academic/professional skills that effectively help them transition from sports activities to the world of labor. Following our theoretical advancement(s), we discuss the practical application of our work and provide recommendations for scholars and practitioners on dual-career identities and player development dynamics

Spectral isolation of naturally reductive metrics on simple Lie groups

We show that within the class of left-invariant naturally reductive metrics $\mathcal{M}_{\operatorname{Nat}}(G)$ on a compact simple Lie group $G$, every metric is spectrally isolated. We also observe that any collection of isospectral compact symmetric spaces is finite; this follows from a somewhat stronger statement involving only a finite part of the spectrum.Comment: 19 pages, new title and abstract, revised introduction, new result demonstrating that any collection of isospectral compact symmetric spaces must be finite, to appear Math Z. (published online Dec. 2009