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Articles 181 - 210 of 3808

Full-Text Articles in Law

Gentlemen Prefer Bonds: How Employers Fix The Talent Market, Lobel, Orly Feb 2020

Gentlemen Prefer Bonds: How Employers Fix The Talent Market, Lobel, Orly

Santa Clara Law Review

GENTLEMEN PREFER BONDS: HOW EMPLOYERS FIX THE TALENT MARKET


Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth Feb 2020

Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth

Santa Clara High Technology Law Journal

WILL FAST FASHION GO OUT OF STYLE SOON? HOW COUTURE DESIGNERS, CELEBRITIES, AND LUXURY BRANDS FIGHTING BACK MAY CHANGE THE FUTURE LEGAL LANDSCAPE FOR MASS AFFORDABLE RETAILERS


Viral Licensing: Ensuring The Public Interest When Taxpayers Fund Pharmaceutical Research, Feldman, Robin C., Change-Rowe, Betty, Oral, Rabiah Feb 2020

Viral Licensing: Ensuring The Public Interest When Taxpayers Fund Pharmaceutical Research, Feldman, Robin C., Change-Rowe, Betty, Oral, Rabiah

Santa Clara Law Review

VIRAL LICENSING: ENSURING THE PUBLIC INTEREST WHEN TAXPAYERS FUND PHARMACEUTICAL RESEARCH


A Perspective On Technology Education For Law Students, Volini, Anthony Feb 2020

A Perspective On Technology Education For Law Students, Volini, Anthony

Santa Clara High Technology Law Journal

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS


Three Challenges For Pharmaceutical Antitrust, Carrier, Michael A. Feb 2020

Three Challenges For Pharmaceutical Antitrust, Carrier, Michael A.

Santa Clara Law Review

THREE CHALLENGES FOR PHARMACEUTICAL ANTITRUST


Restraints On Workers’ Wages And Mobility: No-Poach Agreements And The Antitrust Laws, Polden, Donald J. Feb 2020

Restraints On Workers’ Wages And Mobility: No-Poach Agreements And The Antitrust Laws, Polden, Donald J.

Santa Clara Law Review

RESTRAINTS ON WORKERS’ WAGES AND MOBILITY: NO-POACH AGREEMENTS AND THE ANTITRUST LAWS


Cyberdamages, Black, Stephen T. Feb 2020

Cyberdamages, Black, Stephen T.

Santa Clara High Technology Law Journal

CYBERDAMAGES


Antitrust Enforcement In Labor Markets: The Department Of Justice’S Efforts, Murray, Michael Feb 2020

Antitrust Enforcement In Labor Markets: The Department Of Justice’S Efforts, Murray, Michael

Santa Clara Law Review

ANTITRUST ENFORCEMENT IN LABOR MARKETS: THE DEPARTMENT OF JUSTICE’S EFFORTS


Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S. Feb 2020

Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S.

Santa Clara High Technology Law Journal

OLD SCHOOL GOES ONLINE: EXPLORING FIDUCIARY OBLIGATIONS OF LOYALTY AND CARE IN THE DIGITAL PLATFORMS ERA


The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan Feb 2020

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA


D&O Liability For Antitrust Violations, Orbach, Barak Feb 2020

D&O Liability For Antitrust Violations, Orbach, Barak

Santa Clara Law Review

D&O LIABILITY FOR ANTITRUST VIOLATIONS


Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun Feb 2020

Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun

Santa Clara High Technology Law Journal

PATENT ELIGIBILITY STANDARD FOR NETWORK ARCHITECTURE PATENTS UNDER THE FEDERAL CIRCUIT’S JURISPRUDENCE


The Washington State Second Chance Expungement Gap, Colleen Chien, Zuyan Huang, Jacob Kuykendall, Katie Rabago Jan 2020

The Washington State Second Chance Expungement Gap, Colleen Chien, Zuyan Huang, Jacob Kuykendall, Katie Rabago

Faculty Publications

Every time a person is convicted of a crime, this event is memorialized in the person’s criminal record in perpetuity, setting off thousands of potential collateral consequences, including being penalized in searches for employment, housing and volunteer opportunities. To remove these harmful consequences, Washington law allows people whose criminal records meet certain conditions to vacate their records. However, the Second Chance Gap in Washington “expungements” - the share of people who aren’t accessing the vacation remedy because of hurdles in the petition process - we suspect is large. To estimate it, we used research and practice expertise to approximately model …


Indian Surrogacy: Ending Cheap Labor, Jaya Reddy Jan 2020

Indian Surrogacy: Ending Cheap Labor, Jaya Reddy

Santa Clara Journal of International Law

Indian Surrogacy: Ending Cheap Labor


Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra Jan 2020

Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra

Santa Clara Journal of International Law

Matter of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation and Legislation


Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali Jan 2020

Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali

Santa Clara Journal of International Law

Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality


Symposium On Antitrust And Silicon Valley: New Themes And Direction In Competition Law And Policy, Polden, Donald J. Jan 2020

Symposium On Antitrust And Silicon Valley: New Themes And Direction In Competition Law And Policy, Polden, Donald J.

Santa Clara Law Review

SYMPOSIUM ON ANTITRUST AND SILICON VALLEY: NEW THEMES AND DIRECTION IN COMPETITION LAW AND POLICY


Asking Too Much: The Ninth Circuit’S Erroneous Review Of Social Security Disability Determinations, Stephen E. Smith Jan 2020

Asking Too Much: The Ninth Circuit’S Erroneous Review Of Social Security Disability Determinations, Stephen E. Smith

Faculty Publications

Disability determinations made by the Social Security Administration’s administrative law judges are subject to judicial review by Article III courts. By statute, these courts apply the “substantial evidence” standard of review on appeal from the agency. The substantial evidence standard is a forgiving one that defers to the findings of the agency. But the Ninth Circuit Court of Appeals has modified this standard. It now reviews certain categories of SSA findings not only for substantial evidence, but for support by “clear and convincing reasons.” This heightened standard of review is facially at odds with the statutorily mandated substantial evidence standard. …


The Engagement Of U.S. Courts With International Law, David Sloss Jan 2020

The Engagement Of U.S. Courts With International Law, David Sloss

Faculty Publications

No abstract provided.


Section 230 And The Duty To Prevent Mass Atrocities, David L. Sloss Jan 2020

Section 230 And The Duty To Prevent Mass Atrocities, David L. Sloss

Faculty Publications

Of course, any proposal to create a statutory exception to section 230 immunity raises a set of complex questions about the proper scope of such an exception. This article identifies the key issues that would need to be resolved if Congress decided to create an exception along these lines. The remainder of this article consists of three parts. The first part explains why removal of immunity from civil liability is an appropriate mechanism to help prevent use of social media to incite or induce commission of mass atrocity crimes. The second part contends that the exception to section 230 immunity …


Domestic Application Of Treaties, David L. Sloss Jan 2020

Domestic Application Of Treaties, David L. Sloss

Faculty Publications

No abstract provided.


Constitution-Making And Transnational Legal Order, David L. Sloss Jan 2020

Constitution-Making And Transnational Legal Order, David L. Sloss

Faculty Publications

No abstract provided.


How Can Congress Prevent The Issuance Of Poor Quality Patents? Questions For The Record For Colleen V. Chien, Colleen V. Chien Nov 2019

How Can Congress Prevent The Issuance Of Poor Quality Patents? Questions For The Record For Colleen V. Chien, Colleen V. Chien

Faculty Publications

This is a submission of responses by Prof. Colleen Chien to questions for the record posed by Sen. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) at a October 30th hearing of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, entitled, "Promoting the Useful Arts: How can Congress prevent the issuance of poor quality patents?"


Patent Litigation: Institutions, Processes, And Procedures, Bernhard Ganglmair, Christian Helmers, Brian Love Sep 2019

Patent Litigation: Institutions, Processes, And Procedures, Bernhard Ganglmair, Christian Helmers, Brian Love

Faculty Publications

No abstract provided.


Patent Litigation: Theory, Bernhard Ganglmair, Christian Helmers, Brian Love Sep 2019

Patent Litigation: Theory, Bernhard Ganglmair, Christian Helmers, Brian Love

Faculty Publications

No abstract provided.


Patent Litigation: Data Access And Construction, Bernhard Ganglmair, Christian Helmers, Brian Love Sep 2019

Patent Litigation: Data Access And Construction, Bernhard Ganglmair, Christian Helmers, Brian Love

Faculty Publications

No abstract provided.


Patent Litigation: Empirical Analysis, Bernhard Ganglmair, Christian Helmers, Brian Love Sep 2019

Patent Litigation: Empirical Analysis, Bernhard Ganglmair, Christian Helmers, Brian Love

Faculty Publications

No abstract provided.


Cybersecurity Paradigm Shift, The Risk Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J. K. Sandoval Aug 2019

Cybersecurity Paradigm Shift, The Risk Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J. K. Sandoval

Faculty Publications

This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules creates cybersecurity vulnerabilities for the energy sector and other critical infrastructure. Unbridled from enforceable net neutrality rules, Internet Service Providers (ISPs) create systemic supply chain risks as the Internet has become embedded into the energy sector’s distributed ecosystem. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats such as those posed by an ISP since firewalls and traditional cybersecurity techniques do not protect against ISP conduct. The Article contends that the FCC’s failure to consider the …


Army Leadership And The Profession, Donald J. Polden Jul 2019

Army Leadership And The Profession, Donald J. Polden

Faculty Publications

ADP 6-22 establishes and describes the Army profession and the associated ethic that serve as the basis for a shared professional identity. It establishes and describes what leaders should be and do. Having a standard set of leader attributes and core leader competencies facilitates focused feedback, education, training, and development across all leadership levels. ADP 6-22 describes enduring concepts of leadership through the core competencies and attributes required of leaders of all cohorts and all organizations, regardless of mission or setting. These principles reflect decades of experience and validated scientific knowledge.


Mandatory Arbitration: How The Current System Perpetuates Sexual Harassment Cultures In The Workplace, Marsha Levinson May 2019

Mandatory Arbitration: How The Current System Perpetuates Sexual Harassment Cultures In The Workplace, Marsha Levinson

Santa Clara Law Review

MANDATORY ARBITRATION: HOW THE CURRENT SYSTEM PERPETUATES SEXUAL HARASSMENT CULTURES IN THE WORKPLACE