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2017

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Law

Institution
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Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Nov 2017

Boyd Briefs - Nov. 30, 2017, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Mmu: 11/20/17–11/26/17, Notre Dame Law School Nov 2017

Mmu: 11/20/17–11/26/17, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.


Ip Law Book Review, V. 8#1, William T. Gallagher Nov 2017

Ip Law Book Review, V. 8#1, William T. Gallagher

Intellectual Property Law

AUTHORS IN COURT: SCENES FROM THE THEATER OF COPYRIGHT, by Mark Rose. Reviewed by Robert Spoo, The University of Tulsa College of Law

COPYRIGHT BEYOND LAW: REGULATING CREATIVITY IN THE GRAFFITI SUBCULTURE, by Marta Iljadica. Reviewed by Zahr K. Said, University of Washington School of Law

CHOREOGRAPHING COPYRIGHT: RACE, GENDER, AND INTELLECTUAL PROPERTY RIGHTS IN AMERICAN DANCE by Anthea Kraut. Reviewed by Carys Craig, Osgoode Hall Law School, York University


Mmu: 09/04/17–09/10/17, Notre Dame Law School Sep 2017

Mmu: 09/04/17–09/10/17, Notre Dame Law School

Monday Morning Update

The Monday Morning Update, or MMU as it is referred to by students, is a weekly email newsletter of news, events, and opportunities of special interest to Notre Dame Law School students.

2017-2018 editor, Andrew Magee


Microaggressions: What They Are And Why They Matter, Catharine P. Wells Sep 2017

Microaggressions: What They Are And Why They Matter, Catharine P. Wells

Boston College Law School Faculty Papers

Review of some of the recent work on microaggressions and explanation of their significance in the exclusion of minorities from participation in dominantly white communities.


Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll May 2017

Taxation, Competitiveness, And Inversions: A Response To Kleinbard, Michael S. Knoll

Faculty Scholarship at Penn Law

In this report, I argue that the inversion situation is more nuanced, complex, and ambiguous than Edward D. Kleinbard acknowledges, and I challenge Kleinbard’s claim that U.S. multinationals are on a tax par with their foreign competitors.


How Photographs Infringe, Terry S. Kogan Apr 2017

How Photographs Infringe, Terry S. Kogan

Utah Law Faculty Scholarship

Courts and commentators have lavished attention on the question of what makes a photograph original and entitled to copyright protection. Far less attention has been devoted to the issue of how photographs infringe. This is the first Article to systematically explore the different ways in which a photograph can steal intellectual property. Photographs can infringe in two ways: by replication and by imitation. A photograph infringes by replication when, without permission, a photographer points her camera directly at a copyright-protected work—a sculpture, a painting, another photograph—and clicks the shutter. A photograph can also infringe by imitation. In such ...


Problems With Destination-Based Corporate Taxes And The Ryan Blueprint, Reuven S. Avi-Yonah, Kimberly Clausing Apr 2017

Problems With Destination-Based Corporate Taxes And The Ryan Blueprint, Reuven S. Avi-Yonah, Kimberly Clausing

Articles

With the election of Donald Trump and the Republican Party’s domination of Congress, House Speaker Paul Ryan’s blueprint for fundamental tax reform requires more careful analysis. The Ryan blueprint combines reduced individual rates with a destination-based cash flow type business tax applicable to all businesses. The destination-based business tax at the center of the blueprint has several major problems: It is incompatible with our WTO obligations, it is incompatible with our tax treaties, and it will not eliminate the problems of income shifting and inversions it is designed to address. In addition, these proposals generate vexing technical problems ...


Robert Morris: Lawyer & Activist, Laurel Davis Feb 2017

Robert Morris: Lawyer & Activist, Laurel Davis

Rare Book Room Exhibition Programs

Exhibition program from a Spring 2017 exhibit presented in the Daniel R. Coquillette Rare Book Room at the Boston College Law Library. The exhibit explored the life and career of Robert Morris, the second African-American lawyer in the Unites States. Materials from the John J. Burns Library at Boston College and the Boston Athenaeum were featured.


Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell Jan 2017

Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell

Articles

This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful ...


Family Law And Female Empowerment, Andrea B. Carroll Jan 2017

Family Law And Female Empowerment, Andrea B. Carroll

Journal Articles

No abstract provided.


Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky Jan 2017

Brief On Behalf Of The National Black Law Students Association As Amicus Curiae In Buck V. Davis, Aderson Francois, Deborah N. Archer, Daniel Warshawsky

Other Publications

No abstract provided.


Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin Jan 2017

Inversions, Related Party Expenditures, And Source Taxation: Changing The Paradigm For The Taxation Of Foreign And Foreign-Owned Businesses, Julie Roin

Journal Articles

No abstract provided.


How Much Is Police Brutality Costing America?, Eleanor Lumsden Jan 2017

How Much Is Police Brutality Costing America?, Eleanor Lumsden

Publications

The criminal law of the United States fails to stop the unlawful killing of minorities by law enforcement. In fact, it was never meant to do so. Civil tort law is also unequal to the task. The consequences of not correcting these legal failures are far-reaching for the United States and for our neighbors, and have so far been underreported. This article explores the direct and indirect costs of these failings, positive measures already underway, and makes further sugges-tions for reform.


Looking Back, Looking Forward: Feminist Legal Scholarship In Sls, Susan B. Boyd, Debra Parkes Jan 2017

Looking Back, Looking Forward: Feminist Legal Scholarship In Sls, Susan B. Boyd, Debra Parkes

Faculty Publications

This article offers a review of shifts in feminist legal theory since the early 1990s. We first use our respective histories and fields of expertise to provide a brief overview and highlight some key themes within feminist legal theory. We then examine Social & Legal Studies (SLS), asking whether it has met its key goal of integrating feminist analyses at every level. Our review suggests that SLS has offered many important contributions to feminist legal scholarship but has not fulfilled its lofty goal of integrating feminist analyses at every level of scholarship. It features feminist work quite consistently and some degree ...


Reconsidering Pre-Indictment Publicity: Racialized Crime News, Grand Juries And Tamir Rice, Bryan Adamson Jan 2017

Reconsidering Pre-Indictment Publicity: Racialized Crime News, Grand Juries And Tamir Rice, Bryan Adamson

Faculty Scholarship

"This Article examines pre-indictment publicity or, more accurately, grand jury subject-matter relevant media publicity. It examines the Rice shooting and Loehmann-Garmback grand jury process to determine, from a legal and policy perspective, what should be done to safeguard the integrity of the grand jury process in which police officers are investigatory targets for alleget use of lethal force, when the controversy is racially-charged, and where the media demonstrates pro-law enforcement and anti-minority bias."


The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters Jan 2017

The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters

Scholarly Works

Many scholars have commented that the state action doctrine forecloses use of the First Amendment to constrain the policies and practices of online service providers. But few have comprehensively studied this issue, and the seminal article exploring “[c]yberspace and the [s]tate [a]ction [d]ebate” is fifteen years old, published before the U.S. Supreme Court reformulated the federal approach to state action. It is important to give the state action doctrine regular scholarly attention, not least because it is increasingly clear that “the private sector has a shared responsibility to help safeguard free expression.” It is critical ...


Indigenous Memes And The Invention Of A People, Ryan Frazer, Bronwyn Carlson Jan 2017

Indigenous Memes And The Invention Of A People, Ryan Frazer, Bronwyn Carlson

Faculty of Law, Humanities and the Arts - Papers

Scholars have become increasingly interested in the political work of Internet memes. While this research has delivered critical insights into how memes are implicated in both progressive and reactionary politics, there endures a lack of critical work on the ways in which Indigenous people engage with memes to deconstruct colonial power relations and produce alternative political arrangements. This article offers a reading of a set of memes produced and published by Australian Aboriginal activist Facebook page Blackfulla Revolution. We consider the ways in which memes are entangled in the achievement of an anti-colonial politics. More specifically, drawing Deleuze and Guattari ...


Australia And The Secretive Exploitation Of The Chatham Islands To 1842, Andre D. Brett Jan 2017

Australia And The Secretive Exploitation Of The Chatham Islands To 1842, Andre D. Brett

Faculty of Law, Humanities and the Arts - Papers

The European discovery of the Chatham Islands in 1791 resulted in significant consequences for its indigenous Moriori people. The colonial Australian influence on the Chathams has received little scholarly attention. This article argues that the young colonies of New South Wales and Van Diemen's Land led the exploitation of the archipelago before its annexation to New Zealand in 1842. The Chathams became a secretive outpost of the colonial economy, especially the sealing trade. Colonial careering transformed the islands: environmental destruction accompanied economic exploitation, with deleterious results for the Moriori. When two Māori iwi (tribes) from New Zealand's North ...


Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas Jan 2017

Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas

Faculty Publications

Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country’s woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would “end birthright citizenship.” In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican ...


Terrorist Watchlists, Jeffrey Kahn Jan 2017

Terrorist Watchlists, Jeffrey Kahn

Faculty Scholarship

This chapter assesses the legal history and policy development of the U.S. government's system of terrorist watchlists and the institutions established to create and use them. Watchlisting is in fact an old practice given new meaning by technological change and the societal impact of the September 11, 2001, terrorist attacks. Statutes and judicial precedents from an earlier era on which the first post-9/11 watchlists were built were not made to regulate the expanded uses of the new watchlists and presented few if any constraints on their development. Civil litigation has both revealed the inner workings of terrorist ...


Markets And Sovereignty, Joseph Blocher, Mitu Gulati Jan 2017

Markets And Sovereignty, Joseph Blocher, Mitu Gulati

Faculty Scholarship

The past few decades have witnessed the growth of an exciting debate in the legal academy about the tensions between economic pressures to commodify and philosophical commitments to the market inalienability of certain items. Sex, organs, babies, and college athletics are among the many topics that have received attention. The debates often have proceeded, however, as if they involve markets on one side and the state on the other, with the relevant question being the ways in which the latter can or should try to facilitate, restrict, or rely on the former. In this article, we approach the relationship between ...


Informants & Cooperators, Daniel C. Richman Jan 2017

Informants & Cooperators, Daniel C. Richman

Faculty Scholarship

The police have long relied on informants to make critical cases, and prosecutors have long relied on cooperator testimony at trials. Still, concerns about these tools for obtaining closely held information have substantially increased in recent years. Reliability concerns have loomed largest, but broader social costs have also been identified. After highlighting both the value of informants and cooperators and the pathologies associated with them, this chapter explores the external and internal measures that can or should be deployed to regulate their use.


Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan P. Sturm, Haran Tae Jan 2017

Leading With Conviction: The Transformative Role Of Formerly Incarcerated Leaders In Reducing Mass Incarceration, Susan P. Sturm, Haran Tae

Faculty Scholarship

This report documents the roles of formerly incarcerated leaders engaged in work related to reducing incarceration and rebuilding communities, drawing on in-depth interviews with 48 of these leaders conducted over a period of 14 months. These “leaders with conviction” have developed a set of capabilities that enable them to advance transformative change, both in the lives of individuals affected by mass incarceration and in the criminal legal systems that have devastated so many lives and communities. Their leadership assumes particular importance in the era of the Trump Presidency, when the durability of the ideological coalitions to undo the failed apparatus ...