Digital Commons Network^™

Shades Of Green: Navigating The Legality Of Environmental Marketing, David Zack

AELJ Blog

A majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.

This post was …

Partisanship Creep, Kate Shaw

Articles

It was once well settled and uncontroversial—reflected in legislative enactments, Executive Branch practice, judicial doctrine, and the broader constitutional culture—that the Constitution imposed limits on government partisanship. This principle was one instantiation of a broader set of rule of law principles: that law is not merely an instrument of political power; that government resources should not be used to further partisan interests, or to damage partisan adversaries.

For at least a century, each branch of the federal government has participated in the development and articulation of this nonpartisanship principle. In the legislative realm, federal statutes beginning with the 1883 Pendleton …

Fear Of Love And Loving In India, Sarasu Esther Thomas

Popular Media

Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.

Without Congressional Action, An 1873 Law Could Result In A National Abortion Ban, Hope Peraria

ERSJ Blog

On March 26, 2024, the Supreme Court heard oral arguments for U.S. Food and Drug Administration v. Alliance for Hippocratic Medicine which involves Food and Drug Administration (“FDA”) regulations of mifepristone, a drug that induces abortion. The case raises questions about the future of abortion access throughout the U.S. and, more broadly, the ability of courts to review and limit the FDA’s expert decision-making and regulating. During the oral arguments, two Justices were focused on a long-dormant law that could be used to ban abortion nationally with no action from congress: The Comstock Act.

This post was originally published on …

Assessing Standing In Fda V. Alliance For Hippocratic Medicine, Katie Negroni

ERSJ Blog

Last week the Supreme Court heard oral arguments in FDA v. Alliance for Hippocratic Medicine. This case arose out of a challenge to the FDA’s authorization of mifepristone, one of the two drugs currently approved for use in medication abortions. The Supreme Court considered two issues: first, whether the respondents had Article III standing to challenge the FDA’s 2016 and 2021 actions with respect to mifepristone’s approved conditions of use, and second, whether the “FDA’s 2016 and 2021 actions were arbitrary and capricious.” In 2016, the FDA loosened restrictions around the authorization and use of mifepristone, including eliminating the requirement …

The Role Of A Judge In An Electoral Autocracy, Aparna Chandra

Popular Media

In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?

Ruth Bader Ginsburg Essay/Art Contest 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Law School News: The Power Of Yes: Stefanie Fischer L'24, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Reply Brief Of Edward A. And Doris Zelinsky In The New York Tax Appeals Tribunal, Edward A. Zelinsky, Doris Zelinsky

Faculty Amicus Briefs

Three reasons of state law independently compel a refund of the New York income tax Professor Edward A. Zelinsky paid on the Cardozo Law School salary Professor Zelinsky earned during the COVID period from March 15, 2020 through December 31, 2020. That salary was not New York source income because Professor Zelinsky earned that COVID period salary at his home in Connecticut “wholly without” New York’s borders. 20 N.Y.C.R.R. § 132.4(b). In addition, New York’s “convenience of the employer” rule does not apply to that COVID period salary because Professor Zelinsky’s remote work at home was for Cardozo’s necessity rather …

Vol. 66, No. 12 (April 8, 2024)

Indiana Law Annotated

No abstract provided.

Small Print, Big Impact: Examining The Effects Of Forced Arbitration, Myriam E. Gilles

Faculty Testimony

Testimony Before the U.S. Senate Committee on the Judiciary

Mmu: 04/08/24–04/14/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

Toward The Substitutionary Promise Of Ptab Review, Saurabh Vishnubhakat

Faculty Online Publications

Although administrative patent trial proceedings under the Leahy-Smith America Invents Act (AIA) have done much to improve the efficient reevaluation of patent validity, significant problems remain. Divergent burdens of proof among the United States Patent and Trademark Office (USPTO) and Patent Trial and Appeal Board (PTAB) and the U.S. district courts allow the agency to disregard prior judicial decisions about patent validity and for patents to be relitigated even after surviving judicial review. Divergent claim construction standards allow for similar arbitrage, and, although the USPTO has now aligned its claim construction approach with that of the courts through rulemaking, that …

Ndls Communicator: Week Of 04.08.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Professor Alexander "Sandy" Steel receives a Leverhulme Major Research Fellowship
• Mary-Kathryn Takeuchi ‘20 J.D. joins ND Law’s Exoneration Justice Clinic as legal fellow
• First Catholic charter school providing access for underserved students defended by Notre Dame Religious Liberty Clinic
• Emily Bremer is speaking today on "New Challenges in Adjudication and Judicial Review" as a panelist at Widener University Commonwealth Law School's Law Review Symposium.
• Mary Ellen O'Connell was quoted in the Washington Post in "Top UN court will hold hearings in a case accusing Germany of facilitating Israel's Gaza conflict."
• A recent ruling by the Florida Supreme …

Wipo Good Practice Toolkit For Collective Management Organisations 2021: Suggestions For Possible Amendment, Desmond Oriakhogba

Joint PIJIP/TLS Research Paper Series

Drawing examples from national and international legal instruments, and based on existing studies, this comment makes suggestions for possible amendment of the World Intellectual Property Organization’s Good Practice Toolkit for Collective Management Organisations 2021 (CMO Toolkit). The suggestions are for inclusion of good practices in the CMO Toolkit that can inform the regulation of CMOs to prevent them from constituting obstacles to open access non-commercial licensing and L&Es-enabled access for education and research. The suggestion also covers good practices that will prevent CMOs from impeding the smooth and effective development of artificial intelligence systems. Recommendations include protecting rightholders' ability to …

Cardozo Law News Brief: April 5, 2024, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2024

Featured Faculty:

• Jessica Roth
• Samuel Weinstein
• Kate Levine
• Jocelyn Getgen Kestenbaum
• Young Ran (Christine) Kim
• Alma Magana
• Jessica Roth
• Edward Zelinsky

Events:

• The 2024 Cardozo Colloquium on Global and Constitutional Theory
• The FAME Center Presents: A Conversation with Mark Weber

Unmasking Deepfakes: Navigating The Copyright Quagmire, Ben Gross

AELJ Blog

In the ever-evolving landscape of digital technology, the emergence of deepfake technology has raised profound concerns, especially in the realm of copyright law. Deepfakes, sophisticated synthetic media created using artificial intelligence, can manipulate or replace existing content, often blurring the lines between reality and fiction.1 As these digital creations become more prevalent, questions surrounding their implications under copyright law have taken center stage.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on April 5, 2024. The original post can be accessed via the Archived Link button above.

Disentangling Race And Politics: Racial Gerrymandering In South Carolina's First Congressional District, Matthew Poliakoff

Duke Journal of Constitutional Law & Public Policy Sidebar

After the 2020 Census, South Carolina's Republican-controlled legislature redrew the boundaries for Congressional District 1, historically anchored in Charleston County. After thirty-thousand African American voters were moved out of District 1 and into District 6, the South Carolina State Conference of the NAACP challenged the new map as an unconstitutional racial gerrymander. A three-judge district court panel agreed, finding that race predominated above other factors in the map redraw. On appeal, the question remains not only whether the state legislature used race above other factors in its map design, but also how plaintiffs are expected to prove these claims in …

Law School News: Rooted In Commitment: Geovanny Amaya L'24, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

5th Annual Women In Law Leadership Lecture, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Elaborating A Human Rights Friendly Copyright Framework For Generative Ai, Christophe Geiger

Joint PIJIP/TLS Research Paper Series

This paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for …

How Artificial Intelligence Can Be Properly Used By In-House Counsel, Michael Pastor

Other Publications

With all of AI's potential benefits, and there will likely be more down the line unknown to us, it’s imperative to understand the risks inherent in using these tools.

Agencies “Shall Cooperate”: A Blueprint For Affirmatively Furthering Fair Housing, Heather R. Abraham

Journal Articles

Every federal agency perpetuates housing segregation. As if on autopilot, agencies routinely reinforce segregation unless they take intentional steps to counteract it. Building on my prior work on the Fair Housing Act’s statutory duty to “affirmatively further fair housing” (“AFFH”), this Article examines an agency’s obligation to reduce housing segregation in how it regulates, spends, and administers its programs. Addressing a gap in existing fair housing scholarship, this Article considers the overlooked statutory command that all federal agencies “shall cooperate” with the U.S. Department of Housing and Urban Development (“HUD”) to reduce housing segregation. In light of HUD’s newly proposed …

Rwu Law Alumni Newsletter April 2024, Roger Williams University School Of Law

RWU Law

No abstract provided.

Vol. 66, No. 11 (April 1, 2024)

Indiana Law Annotated

No abstract provided.

Law Library Blog (April 2024): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Changemakers: Terrence Haas : Juris Doctorate : Adventures In Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Commodification Of Children And The Poor, And The Theory Of Stategraft, Daniel L. Hatcher

All Faculty Scholarship

Across the country, human service agencies, juvenile and family courts, prosecutors, probation departments, police officers, sheriffs, and detention and treatment facilities are churning impoverished children and adults through revenue operations with starkly disproportionate racial impact. Rather than being true to their intended missions of improving welfare and providing equal justice for vulnerable populations, the institutions are mining them with extractive practices that are harmful, unlawful, unconstitutional, and unethical. This Essay considers such commodification schemes under the lens of Professor Bernadette Atuahene’s excellent and important theory of stategraft. The examples discussed provide support for Atuahene’s theory, and this Essay simultaneously urges …

Are Employee Noncompete Agreements Coercive? Why The Ftc's Wrong Answer Disqualifies It From Rulemaking (For Now), Alan J. Meese

Faculty Publications

The Federal Trade Commission recently proposed a rule banning nearly all employee noncompete agreements (“NCAs”) as unfair methods of competition under Section 5 of the Federal Trade Commission Act. The proposed rule reflects two complementary pillars of an aggressive new enforcement agenda championed by Commission Chair Lina Khan, a leading voice in the Neo-Brandeisian antitrust movement. First, such a rule depends on the assumption, rejected by most prior Commissions, that the Act empowers the Commission to issue legislative rules. Proceeding by rulemaking is essential, the Commission has said, to fight a “hyperconcentrated economy” that injures employees and consumers alike. Second, …