Empowering the Sentencing Commission: A Different Resolution to the Cocaine Sentencing Drama

38 Rutgers L. Rec. 74 (2011) | WestLaw | LexisNexis | PDF
Cocaine sentencing policy has been the source of vociferous debate for more than twenty
years. Under the traditional sentencing scheme, criminal defendants convicted of crack cocaine offenses (who were usually black) were disproportionately sentenced to longer prison terms than defendants convicted of powder cocaine offenses (who were usually not). Despite decades of criticisms toward this disparity, Congress did not change the sentencing law until August 2010. On the other hand, the United States Sentencing Commission was an unlikely hero that affirmatively acted to reduce the disparity between crack and powder cocaine sentences. That role is largely underappreciated. Based on the Commission’s 2007 retroactive amendment that reduced the sentencing guideline ranges for crack convictions, Congress should recognize the value of the Commission and grant it additional power.

View the entire article –>

Rutgers Law Record Launches the Rutgers Law Record Blog

As part of our ongoing process to increase discussion and encourage debate on legal issues that effect our society, the Rutgers Law Record is proud to present the Rutgers Law Record Blog.  This space is open to professors, practitioners, and students to share their thoughts about ongoing legal topics. While this space is moderated to maintain the quality and decorum of the discussion, it is open to anyone who wishes to contribute, react to, or comment on these important topics.

Our goal is to use the internet to provide timely and thoughtful analysis of legal issues in our society. We also believe that meaningful discussion, analysis and commentary can occur in shorter pieces as well as longer articles. Entries should be between 1 and 10 single-spaced pages. While these entries do not need extensive citation, any assertion must be supported by a reliable source in the form of a footnote. A submission will be reviewed by the editorial board of the Rutgers Law Record and will not be rejected until it has been reviewed by at least three members of the editorial board. The individual members will review the article for clarity, grammar, citation form, citation strength. and the strength of the argument. For more information, or to submit an entry, please contact the Law Record at lawrecord@lawrecord.com.

China’s Approaches To Intellectual Property Infringement On The Internet

38 Rutgers L. Rec. 1 (2011) | WestLaw | LexisNexis | PDF
The state of intellectual property infringement jurisprudence on the Internet is rapidly changing. Neither the courts nor rights holders who have relied on the legacy frameworks yet understand how to address the new market or technological landscape that the Internet is painting around them.  Search engines, auction sites, and social networks are each examples of an Online Service Provider (“OSP”). These OSP’s form the core of OSP’s with which the law in each country must contend.  These OSP’s are of central importance because they are the loci of a great amount of infringement in both copyright and trademark in international trade.  The issue is complicated because communities of people not affiliated with the OSP are often the main contributors of the infringing content.  In light of recent cases in Asia, where courts have applied different methodologies and thus reached different conclusions, it is crucial to understand to what degree OSP’s are liable for infringing content on their sites.

View the entire article –>

Welcome to the Rutgers Law Record

Welcome to the Rutgers Law Record! Thank you for coming to our website and taking the time to view some of our content. The Rutgers Law Record uses the internet to present a new and fresh take on legal scholarship. Through our various types of content, we hope to create a healthy and robust dialogue on the important legal issues that our society is facing.

The Rutgers Law Record is the online journal of Rutgers School of Law – Newark. It is the first and only general interest student journal to be published solely on the internet. Due to our unique publishing format, we are capable of providing timely and efficient coverage of the most pressing legal issues. Through our forum, the legal community may discuss and debate developments in the legal system and propose solutions to the problems that our society faces.

The Rutgers Law Record provides three different types of content. First, we publish articles similar to those that you would find in a standard law review. These “feature” articles focus on a particular area that was decided by the Law Record staff. In addition, the Rutgers Law Record publishes shorter articles on recent developments in our society. These articles may be on any topic and, although we will consider longer articles, do not need to be more than 15 single-spaced pages. Finally, the Rutgers Law Record publishes “blogs” on any current issue. These “blogs” may be as short or as long as necessary to present an issue and suggest a possible solution.

In the interest of providing a forum for debate and discussion, the Rutgers Law Record accepts responses and reactions to any of the content that we publish. These responses may be any of the formats used by the Rutgers Law Record.

For more information on the Rutgers Law Record, please contact us at lawrecord@lawrecord.com