The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan
Dec 2017
The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan
Donald J. Kochan
Whether you are a member of the resistance movement or a cheerleader for the new Trump Administration’s regulatory reform agenda, this Essay intends to engage your passion. (Of course, scholars, students, and agency officials should be interested too.) The notice and comment rulemaking process governing the creation of most regulations generated by federal agencies includes an obligation that agencies respond to public comments. This public participation requirement, with its “two way street” obligation to dialogue, is a critical check on agency power. The laws in this area are ones about which anyone interested in regulation should know more. Describing general …
A Will For Willa Cather, Thomas E. Simmons
Dec 2017
A Will For Willa Cather, Thomas E. Simmons
Thomas E. Simmons
Artists hold their creative works dear. Whether paintings, poems, or songs, their human creators treat them with special care and often desire that same care be exercised after death. Some may wish to ban the use of a song in a television commercial. Others may wish to stop their novel from being turned into an animated Disney movie. But directing particular uses of property from the grave can be met with several objections and legal impediments. The objections sound in alarmist responses to “dead hand control.” The impediments include the Rule Against Perpetuities, uncertainty, capriciousness, and the repugnancy of restraints …
Lies, Line Drawing, And (Deep) Fake News, Marc J. Blitz
Dec 2017
Lies, Line Drawing, And (Deep) Fake News, Marc J. Blitz
Marc J. Blitz
No abstract provided.
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Dec 2017
Scaffolding On Steroids: Meeting Your Students Where They Are Is Harder Than Ever ... And Easier Than You Think, Kari L. Aamot Johnson
Kari L. Aamot Johnson
No abstract provided.
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Dec 2017
Broader-Based And Sectoral Bargaining Proposals In Collective Bargaining Law Reform: A Historical Review, Sara Slinn
Sara Slinn
Labour legislation regulating Canada’s private sector has incorporated forms of broaderbased or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform discussion until the 1990s. This decade saw a wave of interest in introducing BBB arise across several jurisdictions. Originating in Ontario in the late 1980s, it spread to British Columbia as a key part of labour law reform discussions in the early and late 1990s and became a minor issue in the federal labour law reform review process later …
Law And Campus Violence, Darby Dickerson
Dec 2017
Law And Campus Violence, Darby Dickerson
Darby Dickerson
No abstract provided.
Https://Www.Fitnesscarezone.Com/Provexum/, Marnp Uram
Dec 2017
Https://Www.Fitnesscarezone.Com/Provexum/, Marnp Uram
Marnp Uram
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Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry
Dec 2017
Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry
Laurel S. Terry
This one-page handout was distributed at the NALP (National Association of Law Placement) 2018 Annual Education Conference. This Handout supplemented the slides about Penn State Dickinson Law's required first year course called "Practicing Law in a Global World: Contexts & Competencies" that were part of 2018 NALP education session entitled "Preparing Students to Practice: Cutting Edge Professional Development Curriculums." (The program was moderated by Kate McBride from Notre Dame; speakers included Elisabeth Beal, Assistant Dean, Office of Career Services from William & Mary Law School; Amy Hancock, former Director of Professional Development at Andrews Kurth LLP; and Allison Regan, Assistant …
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Dec 2017
Playing With Real Property Inside Augmented Reality: Pokemon Go, Trespass, And Law's Limitations, Donald J. Kochan
Donald J. Kochan
This symposium essay uses the popular game Pokémon Go as a case study for evaluating conflicts that arise when augmented reality is layered over the real property of non-consenting owners. It focuses on the challenges augmented reality technologies pose to the meaning and enforcement of formal and informal trespass norms, first examining physical trespass issues (and enforcement difficulties) associated with game players who sometimes break physical property boundaries.
The essay then undertakes a thought experiment regarding possible recognition of a new, different type of trespass—one to augmented space. Pollock and Maitland called trespass the “fertile mother of all actions,” often …
Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan
Dec 2017
Public Lands: Pride, Place, Proximity & Power, Donald J. Kochan
Donald J. Kochan
Where to place power regarding the ownership and management of public lands is a matter of longstanding debate, yet has been energized to a new degree with the advent of the Trump Administration. This essay does not seek to resolve complicated and intense matters within this debate nor propose any specific, best solutions to competing claims for proper placement of power. What this Essay does aim to do is explain some of the key metrics that should not be missed in the debates. These are metrics which could be advanced to support greater decentralization of power over public lands and …
The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
Dec 2017
The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles
Laurel S. Terry
More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …
Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand
Dec 2017
Reasoning Through Clashes Between Religion And Equality: Case Law, Skeptics, And Social Coherence, Michael A. Helfand
Michael A Helfand
A review of Nelson Tebbe's new book, Religious Freedom in An Egalitarian Age (Harvard University Press, 2017). Forthcoming 2018.
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
Dec 2017
When Judges Are Theologians: Adjudicating Religious Questions, Michael A. Helfand
Michael A Helfand
In this chapter, I explore how judges—and, more generally, U.S. courts—deal with legal disputes when they must consider not only laws and facts, but also religion, or maybe even more precisely, theology. Indeed, in a wide range of circumstances, judges are confronted with cases where the outcome in some way or another requires them to issue a decision that is predicated, to varying to degrees, on a theological question upon which there is some debate. While in American law the ostensibly simple answer to this question is simply that the Constitution prohibits courts from adjudicating religious questions, the reality is …
The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand
Dec 2017
The Future Of Religious Arbitration In The United States: Looking Through A Pluralist Lens, Michael A. Helfand
Michael A Helfand
In recent years, religious arbitration has received increasing attention both in the American press and academy. For some, this attention is driven by concern that state enforcement of decisions issued by religious tribunals has the power to undermine the objectives of the U.S. legal system. For others, it is driven by a recognition that religious arbitration enables communities to enhance their process of dispute resolution by ensuring that it comports with shared religious principles and values. And, as is often the case, both perspectives contain important elements of truth. As a paradigmatic legal plurality institution, religious arbitration has the capacity …
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Dec 2017
Implied Consent To Religious Institutions: A Primer And A Defense, Michael A. Helfand
Michael A Helfand
One of the recent fault lines over religious liberty is the scope of protections afforded religiously motivated institutions and corporations. Courts and scholars all seem to agree that such religious institutions deserve some degree of protection. But there remains significant debate over the principles that should guide judicial decisions addressing the circumstances in which religiously motivated institutions should, and in which circumstances they should not, receive the law’s protection.
In this Article, I expound, and defend, my proposed “implied consent” framework for addressing religious institutional claims. Such a framework grounds the authority of religious institutions not in a degree of …
Defining “Home” Through Homestead Laws,, Hannah Haksgaard
Dec 2017
Defining “Home” Through Homestead Laws,, Hannah Haksgaard
Hannah Haksgaard
No abstract provided.
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard
Dec 2017
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Hannah Haksgaard
Hannah Haksgaard
No abstract provided.
Joint Dedication To Justice Lori S. Wilbur, Neil Fulton
Dec 2017
Joint Dedication To Justice Lori S. Wilbur, Neil Fulton
Neil Fulton
No abstract provided.
Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais
Dec 2017
Blockchain And Smart Contracts: The Missing Link In Copyright Licensing?, Balazs Bodo, Daniel Gervais, Joao Pedro Quintais
Daniel J Gervais
This article offers a normative analysis of key blockchain technology concepts from the
perspective of copyright law. Some features of blockchain technologies—scarcity, trust,
transparency, decentralized public records and smart contracts—seem to make this
technology compatible with the fundamentals of copyright. Authors can publish works
on blockchain creating a quasi-immutable record of initial ownership, and encode
‘smart’ contracts to license the use of works. Remuneration may happen on online distribution
platforms where the smart contracts reside. In theory, such an automated
setup allows for the private ordering of copyright. Blockchain technology, like Digital
Rights Management 20 years ago, is thus presented …
Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan
Dec 2017
Submission In Response To Government Of India, Ministry Of Commerce, Circular No.Cg/Circular/2018/114 On Working Of Patents, Srividhya Ragavan
Srividhya Ragavan
The petition was filed as a public interest litigation (PIL) before the Delhi High Court by Prof. Shamnad Basheer in 2015. Triggering point was dismal compliance with S.146 (r/w Rule 131) for submitting periodic working information pertaining to granted patents. Non-compliance data was released by Patent office itself in a report published on its website. Petition seeks relief in the form of directions to Patent office to take action against errant patentees and reconsideration by the government of Form 27 in its current format, among other reliefs
Https://Www.Myfitnesspharm.Com/Triple-Edge-Xl/, Gltises Hutma
Dec 2017
Https://Www.Myfitnesspharm.Com/Triple-Edge-Xl/, Gltises Hutma
Gltises Hutma
Triple Edge XL After this process your pores and skin should really feel so much tighter however should not be too dry as you would have experienced when using face washes (this was a big problem of mine which induced me to have to make use of a variety of moisturiser). Lastly, lanolin, mineral oil, and petrolatum (also known as petroleum jelly) entice water in the skin. The NovAge Bright Sublime Pores and Triple Edge XL Set of six products is designed to observe the Oriflame Youth Enhancing Pores and Triple Edge XL Routine. Most diets of youngsters and young …
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
Dec 2017
"Racial Exclusion And Death Penalty Juries: Can Death Penalty Juries Ever Be Representative?", Noelle Nasif, Shyam Sriram, Eric Ran Smith
Shyam K. Sriram (ssriram@butler.edu)
No abstract provided.
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Dec 2017
Sexual Orientation And Gender Identity Discrimination, Holning Lau
Holning Lau
Laws concerning sexual orientation and gender identity (SOGI) have undergone a sea change. Still, legal protections against SOGI discrimination vary widely around the world. As jurisdictions wrestle with whether and how to protect people against SOGI discrimination, several conceptual questions emerge. This Brill volume reviews and discusses legal developments and scholarly commentary concerning these questions. Specifically, this volume examines the following five questions: (1) Is SOGI discrimination encompassed by existing laws prohibiting discrimination based on sex? (2) Should sexual orientation and gender identity be considered protected categories in and of themselves? (3) Is there a standard sequence of steps for …
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
Dec 2017
From Loving To Obergefell: Elevating The Significance Of Discriminatory Effects, Holning Lau
Holning Lau
Loving v. Virginia and Obergefell v. Hodges are both landmark Supreme Court cases that advanced marriage equality. In Obergefell, the Court invalidated bans on same-sex marriage by building upon precedent it set nearly five decades earlier in Loving, which declared antimiscegenation laws unconstitutional. Indeed, commentators often describe Loving as an important precursor to Obergefell. Yet Obergefell’s reasoning deviated from that of Loving. The differences between the two cases are all too often overlooked. This Essay thus seeks to address this blind spot by drawing attention to a critical distinction: Loving and Obergefell differ in their …
Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania
Dec 2017
Certiorari, Universality, And A Patent Puzzle, Tejas N. Narechania
Tejas N. Narechania
The most important determinant of a case’s chances for Supreme Court review is a circuit split: If two courts of appeals have decided the same issue differently, review is substantially more likely. But practically every appeal in a patent case makes its way to a single court—the Court of Appeals for the Federal Circuit. How, then, does the Supreme Court decide whether to grant certiorari in a patent case?
The petitions for certiorari in the Court’s patent docket suggest an answer: The Supreme Court looks for splits anyway. These splits, however, are of a different sort. Rather than consider whether …
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Dec 2017
Sweet Taste With Bitter Roots: Forced Labour And Chowdury And Others V Greece, Vladislava Stoyanova
Vladislava Stoyanova
Chowdury and Others v Greece reveals the exploitation that migrant workers suffer at agricultural farms for production of strawberries whose sweet taste many of us enjoy. Greece was found in violation of Article 4 of the ECHR (the right not to be subjected to forced labour and human trafficking) for its failure to protect the migrants from the exploitation and to conduct effective investigation. The judgment will be laurelled as an important achievement in favour of the rights of undocumented migrant workers to fair working conditions. It sheds light on the application of the definition of forced labour to labour …
Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck
Dec 2017
Book Review, Colin T Reid And Walters Nsoh, The Privatisation Of Biodiversity? New Approaches To Conservation Law, New Horizons In Environmental And Energy Law (Cheltenham, Uk: Edward Elgar Publishing, 2016), Sara L. Seck
Sara L. Seck
No abstract provided.
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Dec 2017
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Pasha L. HSIEH
No abstract provided.
Socially Responsible Corporate Ip, Janewa Osei Tutu
Dec 2017
Socially Responsible Corporate Ip, Janewa Osei Tutu
J. Janewa Osei-Tutu
Many companies practice corporate social responsibility (CSR) as part of their branding and public relations efforts. For example, as part of their CSR strategies, some companies adopt voluntary codes of conduct in an effort to respect human rights. This Article contemplates the application of CSR principles to trade-related intellectual property (IP). In theory, patent and copyright laws promote progress and innovation, which is why IP rights are beneficial for both IP owners and for the public. Trademark rights encourage businesses to maintain certain standards and allow consumers to make more efficient choices. Though IP rights are often discussed in relation …
The International Legal Framework For Climate Engineering, Jesse Reynolds
Dec 2017
The International Legal Framework For Climate Engineering, Jesse Reynolds
Jesse Reynolds
Several of the key, recurring questions which loom over climate engineering concern how countries would interact when some of them undertake or approve actions which might impact other countries. This chapter describes some international law which is applicable to climate engineering, with a focus on international environmental law. It closes with a brief synthesis and some recommendations for future developments. First, though, it introduces international law, and suggests why climate engineering is such a challenge for international environmental law and its scholars.
