32 Cited authorities

  1. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 21,106 times   23 Legal Analyses
    Holding that a violation of a citizen's constitutional rights by federal officers can give rise to a federal cause of action for damages
  2. Baker v. Carr

    369 U.S. 186 (1962)   Cited 4,841 times   10 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"
  3. Twentieth Century Music Corp. v. Aiken

    422 U.S. 151 (1975)   Cited 194 times   2 Legal Analyses
    Recognizing that the Copyright Act must be construed in light of its basic purpose "[w]hen technological change has rendered its literal terms ambiguous"
  4. Klostermann v. Cuomo

    61 N.Y.2d 525 (N.Y. 1984)   Cited 381 times
    In Klostermann, the public agencies involved were in repeated noncompliance with the command of Mental Hygiene Law § 29.15 (g), which required preparation of a written service plan, with prescribed contents, for every person discharged from state psychiatric hospitals.
  5. Ortega v. New York

    2007 N.Y. Slip Op. 7741 (N.Y. 2007)   Cited 175 times   1 Legal Analyses
    Holding that that existing remedies available to courts for discovery violations—e.g., "precluding proof favorable to the spoliator . . . , requiring the spoliator to pay costs . . . employing an adverse inference instruction at the trial . . . . [w]here appropriate, . . . dismissing the action or striking responsive pleadings, thereby rendering a judgment by default against the offending party"—are an adequate deterrence
  6. Waters v. New York City Housing Authority

    69 N.Y.2d 225 (N.Y. 1987)   Cited 189 times
    Holding that owner of housing project who failed to keep building's door locks in good repair did not owe duty to passerby to protect her from being dragged off the street into the building and assaulted, because imposing such duty would do little to minimize crime, and the social benefits to be gained did "not warrant the extension of the landowner's duty to maintain secure premises to the millions of individuals who use the sidewalks of New York City each day and are thereby exposed to the dangers of street crime."
  7. Fortnightly Corp. v. United Artists

    392 U.S. 390 (1968)   Cited 105 times   8 Legal Analyses
    In Fortnightly Corp. v. United Artists Television, Inc., 392 U. S. 390, 88 S. Ct. 2084, 20 L. Ed. 2d 1176 (1968), the Court considered a CATV system that carried local television broadcasting, much of which was copyrighted, to its subscribers in two cities.
  8. Guice v. Schwab Co.

    89 N.Y.2d 31 (N.Y. 1996)   Cited 84 times
    Finding implied conflict preemption
  9. Jones v. Beame

    45 N.Y.2d 402 (N.Y. 1978)   Cited 118 times
    In Bowen (supra) the plaintiffs, the City of Long Beach and its City Manager, were concerned with the premature placement in private homes and hotels of mental patients discharged into the community.
  10. Caronia v. Philip Morris USA, Inc.

    2013 N.Y. Slip Op. 8372 (N.Y. 2013)   Cited 35 times   3 Legal Analyses
    Finding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking
  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 5,264 times   146 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886
  12. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,011 times   85 Legal Analyses
    Granting to copyright owner exclusive right to, inter alia , reproduce, distribute, perform and display copyrighted work, and to authorize such actions
  13. Section 115 - Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords

    17 U.S.C. § 115   Cited 102 times   5 Legal Analyses
    Providing that a compulsory license to record a copyrighted musical composition does not include the right to "change the basic melody or fundamental character of the work"
  14. Section 114 - Scope of exclusive rights in sound recordings

    17 U.S.C. § 114   Cited 87 times   6 Legal Analyses
    Applying to a "transmitting entity" that "offers transmissions of visual images contemporaneously with transmissions of sound recordings" as in a cable or internet transmission