Law Commons^™

A Right To Republish: Redesigning Copyright Law For Research Works, Faith O. Majekolagbe

Minnesota Journal of Law, Science & Technology

No abstract provided.

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Ground: Understanding Indigenous Mining Disputes Through Negotiation Theory, Shaadie Ali

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert

Minnesota Journal of Law, Science & Technology

No abstract provided.

Practicing Law In The Age Of Ai - Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier

Minnesota Journal of Law, Science & Technology

No abstract provided.

Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom

Minnesota Journal of Law, Science & Technology

No abstract provided.

Corpus Enigmas And Contradictory Linguistics: Tensions Between Empirical Semantic Meaning And Judicial Interpretation, Peter Henderson, Daniel E. Ho, Andrea Vallebueno, Cassandra Handan-Nader

Minnesota Journal of Law, Science & Technology

No abstract provided.

Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Artificial Intelligence: Legal Reasoning, Legal Research And Legal Writing, S. Sean Tu, Amy Cyphert, Samuel J. Perl

Minnesota Journal of Law, Science & Technology

No abstract provided.

Stakeholder Governance As Governance By Stakeholders, Brett H. Mcdonnell

Articles

Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.

This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

Articles

In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …

Opportunistic Breach Of Contract, Francesco Parisi, Brian H. Bix, Ariel Porat

Articles

Law and economics scholarship has traditionally analyzed efficient breach cases monolithically. By grouping efficient breach cases together, this literature treats the subjective motives and the distributive effects of the breach as immaterial. The Restatement (Third) of Restitution and Unjust Enrichment introduced a distinction based on the intent and the effects of the breach, allowing courts to use disgorgement remedies in cases of ‘opportunistic’ breach of contract (i.e., ‘deliberate and profitable’ breaches). In this article, we evaluate this approach, focusing on the effects of disgorgement remedies on allocative and productive efficiency, information-forcing and competitive effects, and restraint of breach-searching incentives. We …

Centralizing Pharmaceutical Innovation, Sapna Kumar

Articles

The United States has a mostly decentralized system for promoting new medicine development. By offering patents and regulatory exclusivities, the government incentivizes pharmaceutical companies to invent and bring to market new medicines. Although this development model offers benefits for promoting innovation, it comes at a cost: Market-based incentives lead companies to prioritize research and development (“R&D”) for medicines that offer a safe path to profitability, as opposed to those that offer the greatest social benefit. In particular, pharmaceutical companies are reluctant to invest in R&D for critically-needed antibiotics and infectious disease vaccines—both of which are difficult to develop and provide …

Race, Racial Bias, And Imputed Liability Murder, Perry Moriearty, Kat Albrecht, Caitlin Glass

Articles

Even within the sordid annals of American crime and punishment, the doctrines of felony murder and accomplice liability murder stand out. Because they allow states to impose their harshest punishments on defendants who never intended, anticipated, or even caused death, legal scholars have long questioned their legitimacy. What surprisingly few scholars have addressed, however, is who bears the brunt.

This Article is one of the first to explore the racialized impact of the two most controversial and ubiquitous forms of what we call “imputed liability murder.” An analysis of ten years of murder prosecutions in the state of Minnesota reveals …

Just Don’T Do It: Why Cannabis Regulations Are The Reason Cannabis Businesses Are Failing, Edward Adams

Articles

Part I will provide a historical overview of the cannabis plant and our country’s experience with it prior to the election of President Richard Nixon. It is at that point, the early 1970s, that the current federal cannabis scheme began to take shape. Sections I.A though I.C will discuss the inception of the War on Drugs during the Nixon Administration and examine the subsequent social movement that led President Reagan to revamp and expand the War on Drugs throughout the 1980s.

The legal framework for federal cannabis regulation has largely remained stagnant since the Reagan Administration. Nevertheless, the federal stance …

Making Law Practice Technology More Simulation-Based, Jacob Sayward

Articles

Law and Technology Legal Technology Law Practice Technology Technology Competency Law Legal Education Legal Profession Technology Technology Education Technology Planning or Policy

Interpreting The Ambiguities Of Section 230, Alan Rozenshtein

Articles

As evidenced by the confusion expressed by multiple Justices in last Term’s Gonzalez v. Google, there is little consensus as to the scope of Section 230, the law that broadly immunizes internet platforms from liability for third-party content. This is particularly striking given that no statute has had a bigger impact on the internet than Section 230, often called the “Magna Carta of the internet.”

In this essay I argue that Section 230, despite its simple-seeming language, is a deeply ambiguous statute. This ambiguity stems from a repeated series of errors committed by Congress, the lower courts, and the Supreme …

Platform Unions, Charlotte Garden

Articles

How should we regulate social media platforms to prevent harmful treatment of users? Regulators, advocates, and scholars have grappled with this problem for years. Many proposed solutions, ranging from improving privacy disclosures, to promoting competition between platforms, to requiring platforms to pay users for their data, are at best incomplete.

This Article begins from the premise that platform problems are collective problems and proposes a collective solution: empowering users to organize platform unions. Much like labor unions give employees a say in in their working conditions even when they lack individual bargaining power, platform unions would facilitate collective bargaining over …

Regulating The Revolution: A Legal Roadmap To Optimizing Ai In Healthcare, Fazal Khan Md, Jd

Minnesota Journal of Law, Science & Technology

No abstract provided.

Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder

Minnesota Journal of Law, Science & Technology

No abstract provided.

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman

Minnesota Journal of Law, Science & Technology

No abstract provided.

Who’S Suing You?, David Mcgowan

Minnesota Journal of Law, Science & Technology

No abstract provided.

Crawling To The Cure: The Monopolization Of The Breast Cancer Drug Market, Kira Le

Minnesota Journal of Law, Science & Technology

No abstract provided.

Artificial Intelligence And The Administrative State: Regulating The Government Use Of Decision-Making Technology, Gordon Unzen

Minnesota Journal of Law, Science & Technology

No abstract provided.

Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn

Minnesota Journal of Law, Science & Technology

No abstract provided.

A “Duty To Write” Smart Contracts That Unsophisticated Users Have A “Duty To Read”, Chase Webber

Minnesota Journal of Law, Science & Technology

No abstract provided.

Mitigating Citation Errors In The Interlibrary Loan System, Scott Dewey, David Zopfi-Jordan

Articles

Journal articles from most academic disciplines have long shown high rates of citation errors. American law reviews, with their careful cite-checking, are a rare exception to the overall rule. Incorrect citations are especially costly and problematic for interlibrary loan librarians. This article offers practical suggestions to address the problem.