University of Southern California

Volume 77, Number 5 (July, 2004)

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    Too Many Markets or Too Few? Copyright Policy Toward Shared Works
    Article by Michael J. Meurer

    The lawfulness of sharing copyrighted works has always been contested, but never so hotly as it is today. The marriage of digital technology and information products creates remarkable opportunities for digital file-sharing, and new disputes asking when copyright law should give copyright owners control over sharing of copies of their works. This Article broadens the terms of the sharing debate by recognizing that file-sharing is just one member of a diverse set of sharing behaviors that occur i...

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    Toward Correcting the Misapplication of Subrogation Doctrine in California Healthcare
    Note by Steven Flower

    Subrogation has been called a “sleepy, although significant subject,” and perhaps consequently, many articles treating the topic begin with a prefatory example (either real or abstract) of the potential entanglements it can create. In line with this established tradition, this Note begins with two such examples. Roy Block was injured in an automobile accident caused by another person. Like roughly 23 million other people in California, Block belonged to a managed care organization (“MCO”). Hi...

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    Paid Family Leave: Striking a Balance Between the Needs of Employees and Employers
    Note by Anne Wells

    Ten years after the Family and Medical Leave Act (“FMLA”) was signed into law, paid family leave emerged as the new focal point in the family rights movement. Paid family leave legislation has been proposed in twenty-eight states and momentum is growing. In September 2002, advocates of paid family leave celebrated their first victory. California became the first state in the nation to enact legislation guaranteeing pay to employees taking leave to care for an ill family member. This legislation...

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    Resuscitating Deference to Lower Federal Court Judges Interpretations of State Law
    Article by Jonathan Remy Nash

    This Article examines the propriety of having federal courts afford deference to state law interpretations reached by lower federal court judges. Two Supreme Court decisionsfrom the 1990s seemed substantially to circumscribe such deference. But in fact subsequent Court cases continue to afford deference. Moreover, such deference can be normatively valuable. This Article argues infavor of the use of deference in appropriate circumstances, including situations where the district court and court of...

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