Law Commons^™

Knowledge And Education: Pro-Access Implications Of New Technologies, Dalindyebo Shabalala

School of Law Faculty Publications

This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities …

Practicing Law Without An Office Address: How The Bona Fide Office Requirement Affects Virtual Law Practice, Stephanie L. Kimbro

University of Dayton Law Review

No abstract provided.

Tinkering With Restrictions On Educator Speech: Can School Boards Restrict What Educators Say On Social Networking Sites?, Patricia M. Nidiffer

University of Dayton Law Review

No abstract provided.

The Guirr International Research Collaborations Project: Towards A Greater Understanding Of International Collaboration, James J. Casey Jr.

University of Dayton Law Review

No abstract provided.

Social Media And Marketing: Exploring The Legal Pitfalls Of User-Generated Content, Brian D. Wright

University of Dayton Law Review

No abstract provided.

Is There Hope? Incorporating The First Amendment Into A Fair Use Analysis, Alison C. Gaughenbaugh

University of Dayton Law Review

No abstract provided.

Faith-Based Charter Schools: An Idea Whose Time Is Unlikely To Come, Charles J. Russo, Gerald M. Cattaro

Educational Leadership Faculty Publications

In light of the legal and educational issues surrounding the status of religious charter schools, this article is divided into two parts. The first section reviews key litigation addressing the parameters of public aid to religiously affiliated nonpublic schools because these cases provide the necessary background should judicial challenges arise to faith-based charter schools. This first part of the paper also briefly reviews Supreme Court cases that forbid prayer and/or religious activities in school, an essential part of daily activities in religiously affiliated nonpublic schools that cannot continue in faith-based charter schools. The second part reviews educational and policy considerations …

Front Matter, Volume 35, Number 3, University Of Dayton

University of Dayton Law Review

No abstract provided.

Model Omnibus Privacy Statute, Scot Ganow, Sam S. Han

University of Dayton Law Review

No abstract provided.

The Evolution Of Intent: A Review Of Patent Law Cases Invoking The Doctrine Of Inequitable Conduct From Precision To Exergen, Thomas L. Irving, Lauren L. Stevens, Scott M. Lee, Alexis N. Simpson

University of Dayton Law Review

No abstract provided.

The Transactional Turn In Intellectual Property, Shubha Ghosh

University of Dayton Law Review

No abstract provided.

State Legislation And The Evolving Standards Of Decency: Flaws In The Constitutional Review Of Death Penalty Statutes, Michael D. Dean

University of Dayton Law Review

No abstract provided.

No Patent For You! How Ksr V. Teleflex's Nonobviousness Test Conflicts With The Scientific Method And Removes The Incentive To Innovate, Rebecca Greendyke

University of Dayton Law Review

No abstract provided.

Disability Stigma And Intraclass Discrimination, Jeannette Cox

School of Law Faculty Publications

By dramatically enlarging the Americans with Disabilities Act’s (ADA) protected class, the recent amendments to the ADA increase the opportunities for employers to replace one member of the ADA’s protected class with another. Although disparities in the social stigma associated with different disabilities suggests that such employment decisions are not automatically free from disability-based animus, many courts historically regarded such decisions as immune from ADA scrutiny. They held that the ADA only prohibited discrimination between persons inside and outside the ADA’s protected class. Today, this “no intraclass claims” approach persists in a modified form: Some courts limit intraclass claims to …

Cybercrime: Criminal Threats From Cyberspace, Susan W. Brenner

School of Law Faculty Publications

Cybercrime: Criminal Threats from Cyberspace is intended to explain two things: what cybercrime is and why the average citizen should care about it. To accomplish that task, the book offers an overview of cybercrime and an in-depth discussion of the legal and policy issues surrounding it.

Enhancing her narrative with real-life stories, author Susan W. Brenner traces the rise of cybercrime from mainframe computer hacking in the 1950s to the organized, professional, and often transnational cybercrime that has become the norm in the 21st century. She explains the many different types of computer-facilitated crime, including identity theft, stalking, extortion, and …

Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke

Susan Brenner

This article is a sequel to Civilians in Cyberwarfare: Conscripts, to be published by the Vanderbilt Journal of Transnational Law. Conscripts addresses the essential role of civilians as participants in cyberwarfare. Here, we explore the potential losses cyberwarfare might cause to civilian entities, including multi-national corporations, utilities, universities and local governments. We explain why cyberwarfare presents unique risks and requires unique executive responses. We also analyze how civilians should manage specific legal liability, political and reputational risks. Finally, we consider whether civilians can expect compensation if the federal government imposes new regulations, appropriates intellectual property, or even conscripts entire businesses …

Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke

Susan Brenner

Civilians will play an integral role in cyberwar because civilian-owned and –operated entities will be a primary target in cyberwarfare. An attacker’s goal in cyberwar is not to capture physical territory but to erode, even destroy, the target nation’s viability as an economy and, indeed, as a sovereign entity. To do that, a cyberattacker will target the companies that own and operate aspects of the victim nation’s critical infrastructure; those civilians will need to be incorporated into a defensive cyberwarfare response structure if such a response is to be effective. We explain why the use of civilians is essential and …

Front Matter, Volume 35, Number 2, University Of Dayton

University of Dayton Law Review

No abstract provided.

Nothing But Trouble: The Ohio Legislature's Failed Attempts To Abolish Mayor's Courts, Paul Revelson

University of Dayton Law Review

No abstract provided.

Oliver V. Ncaa: Throwing A Contractual Curveball At The Ncaa's Veil Or Amateurism, T. Matthew Lockhart

University of Dayton Law Review

No abstract provided.

Colvin V. Brunner: The Shifting Definition Of Qualified Elector And Voter Fraud In Ohio, Stephen E. Schilling

University of Dayton Law Review

No abstract provided.

Challenging Ohio's Adam Walsh Act: Senate Bill 10 Blurs The Line Between Punishment And Remedial Treatment Of Sex Offenders, Daniel J. Schubert

University of Dayton Law Review

No abstract provided.

Strict Liability Or Recklessness: Untangling The Web Of Confusion Created By Ohio Revised Code Section 2901.21(B), Felicia I. Phipps

University of Dayton Law Review

No abstract provided.

An Insurrection Act For The 21st Century, Thaddeus A. Hoffmeister

School of Law Faculty Publications

As the Hurricane Katrina relief effort illustrates, both Governor Blanco and President Bush, like previous elected officials before them, struggled to properly and promptly deploy federal troops during a domestic emergency. This shortcoming was due to problems associated with: (1) interpreting the Insurrection Act; (2) federalism; and (3) public opinion. This article, divided into four parts, attempts to resolve those problems, or at least decrease the likelihood of their recurrence, by offering suggestive changes to the Insurrection Act. Part II provides a general overview of the Insurrection Act. It begins with a brief discussion of two early episodes of civil …

Crossroads And Signposts: The Ada Amendments Act Of 2008, Jeannette Cox

School of Law Faculty Publications

Although the apparent purpose of the 2008 amendments to the Americans with Disabilities Act (ADA) is solely to broaden the ADA 's protected class, the manner in which the amendments achieve this purpose erodes the statute's explicit textual support for understanding persons with disabilities as a politically subordinated minority. The amendments also strengthen the statutory link between the biological severity of a person's disability and that person's right to sue for ADA accommodations. Accordingly, for some courts, the amendments will reinforce the perception that the ADA differs from traditional civil rights law.

Federal courts' understanding of the ADA 's relationship …

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink

School of Law Faculty Publications

No abstract provided.