Thomas B. Nachbar
Thomas B. Nachbar is a lawyer, law professor, and officer in the United States Army Reserves.[1][2][3][4][5] Nachbar has specialized in antitrust law, media law, intellectual property, and the legal implications of national security and counter-terrorism practices.
Nachbar has a record of being sought out for legal opinions by the Press. He was called upon for his opinion when John Grisham, a former lawyer, and author of legal thriller novels, was being sued by law enforcement and justice officials who felt one of his novels was libelous.[3]
Newsweek sought Nachbar's opinion when artist David Phillips sued art patron Fidelity Investments under the Visual Artists Rights Act.[6] Fidelity commissioned Phillips to build sculptures in a seafront Massachusetts park they owned. After the sculptures were completed, Fidelity wanted to make some changes to the pedestrian paths in the park, which would have required moving some of the sculptures. Phillips objected, arguing this would damage his artistic vision. Following out-of-court discussion Fidelity offered to abandon using Phillips sculpture, and to return them to him. Phillips sued, arguing that moving the sculptures from the site, also damaged his artistic vision. After reporting that legal experts predicted a win for Phillips could result in a chill of the art market, they directly quoted Nachbar:
- "If you contract with someone to put a sculpture in your garden, that would effectively give control of your garden to the artist."[6]
Nachbar is the co-athor of a 2008 textbook, Communications Regulation.[7]
Nachbar published an analysis of Executive Order 13567, an Executive Order that established periodic reviews of captives held in indefinite detention in Guantanamo.[8][9][10][11][12]
References
- ↑ "Supreme Court Rules Against File Sharing Services". Newsplex. 2005-06-27. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.newsplex.com%2Fnews%2Fheadlines%2F1635282.html&date=2012-11-15. Retrieved 2012-11-15. ""The court is telling people if your purpose is to facilitate infringement then it doesn't really matter as much exactly whether or not the software can be used for other things, we're going to get you on the intent," says Thomas Nachbar, an Associate Professor of Law at UVA."
- ↑ Gary Lawkowski (2009-11-13). "Honoring Our Veterans". Virginia Law Weekly. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.lawweekly.org%2F%3Fmodule%3Ddisplaystory%26story_id%3D2702%26edition_id%3D136%26format%3Dhtml&date=2012-11-15. Retrieved 2012-11-15. "Virginia Law Professor Thomas Nachbar, who is currently a Captain in the Army Reserves, joins Turner, Hopson, and Sloan in service. Other Virginia Law professors who have spent time in uniform include Kenneth Abraham (SPC, U.S. Army), Richard Bonnie (Captain, U.S.A.F.), John Jeffries (2nd Lt., U.S. Army), Jeffery O’Connell (1st Lt., U.S.A.F.), and W. Laurens Walker (Captain, U.S. Army)."
- ↑ 3.0 3.1 Lindsay Barnes (2007-10-11). "NEWS- Non-fiction? DA, cop sue Grisham over book". Read the hook. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.readthehook.com%2F81294%2Fnews-non-fiction-da-cop-sue-grisham-over-book&date=2012-11-15. Retrieved 2012-11-15. "Thomas Nachbar, a professor of media law at the UVA Law School, says there are circumstances where cherry-picking facts would be considered libelous. "If you say a person was seen leaving the scene with his hands covered in blood and you know he's a surgeon, there's a falsehood implied by that," he explains."
- ↑ Scott Dorfman (2007-11-17). "PILA Auction Raises $40,000". Virginia Law Weekly. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.lawweekly.org%2F%3Fmodule%3Ddisplaystory%26story_id%3D1406%26edition_id%3D48%26format%3Dhtml&date=2012-11-15. "Professors Thomas Nachbar and Daniel Nagin made a formidable one-two auctioneer punch during the live auction, keeping the bids moving quickly and interspersing humor throughout the night. D.J. Andy George and the Omni’s three cash bars kept auction attendees entertained until the final hour."
- ↑ Frank Green (2011-12-08). "Media General seeks hearing by U.S. high court". WSLS News. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww2.wsls.com%2Fnews%2F2011%2Fdec%2F08%2Ftdbiz01-media-general-seeks-hearing-by-us-high-cou-ar-1528383%2F&date=2012-11-15. "Thomas Nachbar, who teaches antitrust and communications law at the University of Virginia School of Law, said a reason behind the so-called "scarcity doctrine" is to encourage a diversity of viewpoints and voices in communities."
- ↑ 6.0 6.1 Jason McLure (2003-11-02). "Law: Don't Mess With Art". Newsweek. Archived from the original on 2012-11-15. http://www.webcitation.org/query?url=http%3A%2F%2Fwww.thedailybeast.com%2Fnewsweek%2F2003%2F11%2F02%2Flaw-don-t-mess-with-art.html&date=2012-11-15. Retrieved 2012-11-15. "Fidelity wanted to move one of the sculptures and alter a pathway. When the sides couldn't agree, Phillips sued under the Visual Artists Rights Act, a federal law that helps protect artists from owners' destroying their art."
- ↑ Glen O. Robinson, Thomas B. Nachbar (2008). Communications Regulation. West. ISBN 9780314180247. http://books.google.ca/books?id=PTe6PQAACAAJ&dq=Communications+Regulation+nachbar&hl=en&sa=X&ei=CZGlUK7dMMfQyAHDlYE4&ved=0CDYQ6AEwAA.
- ↑ Thomas B. Nachbar (2011-12-01). "Executive Order 13567: Executive Branch Policy Meets International Law in the Evolution of the Domestic Law of Detention -- Abstract". University of Virginia School of Law. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1967217. Retrieved 2012-11.
- ↑ Thomas B. Nachbar (2011-12-01). "Executive Order 13567: Executive Branch Policy Meets International Law in the Evolution of the Domestic Law of Detention". University of Virginia School of Law. https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1967217_code264303.pdf?abstractid=1967217&mirid=1. Retrieved 2012-11-17.
- ↑ Thomas B. Nachbar (2011-12-29). "Faculty Q&A: Nachbar on a New Shift in U.S. Detention Policy". University of Virginia School of Law. http://www.law.virginia.edu/html/news/2011_fall/nachbar_qa.htm. Retrieved 2012-11-17. "An executive order issued by President Barack Obama in March marked a significant shift in U.S. policy dealing with detainees, according to a forthcoming paper by University of Virginia School of Law professor Thomas B. Nachbar."
- ↑ Kenneth Anderson (2012-01-14). "Reviews: Thomas Nachbar on Executive Order 13567". Lawfare. http://www.lawfareblog.com/2012/01/reviews-thomas-nachbar-on-executive-order-13567/. Retrieved 2012-11-17. "He is a judge advocate in the U.S. Army Reserve, where, among other assignments, he was a principal editor and contributor for the first three editions of The Rule of Law Handbook: A Practitioners’ Guide (from 2007-09). He is currently assigned to the Office of the Judge Advocate General, International and Operational Law Division. In addition to his military service, he is a civilian senior adviser for the U.S. Department of Defense, Office of Rule of Law and Detainee Policy, and a senior fellow at the Center for National Security Law."
- ↑ Jack Goldsmith (2012-04-23). "What Happened to the Periodic Review Process for GTMO Detainees?". Lawfare. http://www.lawfareblog.com/2012/04/what-happened-to-the-periodic-review-process-for-gtmo-detainees/. Retrieved 2012-11-17. "The “review and hearing” process was designed to operate on top of the habeas review process and the other internal review processes for GTMO detainees, and to facilitate release of detainees who were not “a significant threat to the security of the United States.” Bobby analyzed the EO here and here, as did Tom Nachbar here."
