Law Commons^™

The New Privacy, Paul M. Schwartz, William Michael Treanor

Paul M. Schwartz

This article reviews Overseers of the Poor: Surveillance, Resistance and the Limits of Privacy John Gilliom (2001). In 1964, as the welfare state emerged in full force in the United States, Charles Reich published The New Property, one of the most influential articles ever to appear in a law review. Reich argued that in order to protect individual autonomy in an "age of governmental largess," a new property right in governmental benefits had to be recognized. He called this form of property the "new property." In retrospect, Reich, rather than anticipating trends, was swimming against the tide of history. In …

Criminalizing Revenge Porn, Danielle Keats Citron, Mary Anne Franks

Danielle Keats Citron

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

Apple Verdict Could Alter Future Of Tablet, Phone Design (Quotes: Mark Mckenna) Fox News.Com And Usa Today, Mark Mckenna

Mark P. McKenna

Apple verdict could alter future of tablet, phone design Associated Press article quotes Mark McKenna in Fox News.com and USA Today, Aug 27, 2012 "That's a great question ... and it's the subject of a fair amount of current debate," said Notre Dame University law professor Mark McKenna.

Quoted In "With Samsung Win On Galaxy Tab, Judge May Reconsider U.S. Ban", Mark Mckenna

Mark P. McKenna

"With Samsung win on Galaxy Tab, judge may reconsider U.S. ban" article by Basil Katz and Dan Levine quotes Mark McKenna in Reuters Aug 27, 2012.

Normally, when a preliminary injunction based on one patent becomes inconsistent with a subsequent verdict, the party subject to the injunction asks the court to lift it, said Mark McKenna, a professor at the University of Notre Dame's Law School.

Yet while the jury absolved Samsung on allegations the Galaxy Tab violated Apple's design patent, it did say the device infringed some of Apple's software patents. That could complicate Samsung's pitch, McKenna said.

"If …

Op-Ed: Don’T Stop At Sopa, Mark Mckenna

Mark P. McKenna

Op-ed in Slate.com by Mark McKenna. SOPA and PIPA are (almost) dead? Now can we talk about the law that already exists?

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark Mckenna) Bloomberg/Businessweek, Mark Mckenna

Mark P. McKenna

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive article by Joel Rosenblatt, Karen Gullo and Douglas MacMillan quotes Mark McKenna in Bloomberg/Businessweek, Aug 26, 201. “I could imagine him being very useful to the other jurors as long as he’s not trying to dominate the jury room,” said Mark McKenna, a University of Notre Dame Law School professor, in an interview before the verdict. “It could be the case that because this guy has a lot of expertise that a lot of jurors defer a lot of specific questions to him.” Hogan’s patent isn’t the same type as those covering software …

"The Problem Of Genericide In Trademarks" (Quotes: Mark Mckenna) Legalzoom, September 2012, Mark Mckenna

Mark P. McKenna

The Problem of Genericide in Trademarks article by Michelle Fabio quotes Mark McKenna in Legalzoom, September 2012.

University of Notre Dame Law Professor Mark P. McKenna notes that leading up to the Google lawsuit, there have been “a few cases [regarding genericide], but most of them are quite old, and courts tend to be very reluctant to declare that a mark has become generic.”

The risk of genericide for the everyday trademark owner is likely fairly low. It is also “way overstated by trademark owners who want to shut down another use but want to shield themselves from bad public …

Colin Kaepernick Defends Move To Protect Personal Brand (Quotes: Mark Mckenna) Usa Today - February 4, 2013, Mark Mckenna

Mark P. McKenna

Colin Kaepernick defends move to protect personal brand article by Jeffrey Martin on USA Today quotes Mark McKenna, February 4, 2013.

"Sometimes, there is some money to be made from capitalizing on a hot theme," said Mark McKenna, a professor at Notre Dame School of Law specializing in intellectual property, via e-mail. "That moment is, for most of your examples, pretty fleeting – think 'Linsanity.' But it's possible it is enough to justify some interest.

"But in the cases in which the phrases refer to a particular individual, sometimes they're less concerned with using the term themselves to make money …

"Kohler Co. Steamed Over Arizona Firm’S Name Salon School Makes Change To Avoid Trademark Suit" (Quotes: Mark P. Mckenna) Milwaukee Journal Sentinel, Mark Mckenna

Mark P. McKenna

Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit by Rick Romell of the Journal Sentinel quotes Mark P. McKenna in Milwaukee Journal Sentinel on Jan. 24, 2012.

People have no hard and fast right to use their name on their business if someone else already has trademarked it, said Durst and two academic experts - Mark McKenna of the University of Notre Dame Law School and J. Thomas McCarthy, senior professor at the University of San Francisco.

McKenna, however, called Kohler Co.'s assertions "a pretty aggressive use of their trademark rights."

He said …

"Apple Vs. Samsung: Three Possible Outcomes" (Quotes: Mark Mckenna) Cnn Money, Mark Mckenna

Mark P. McKenna

Apple vs. Samsung: Three possible outcomes article by David Goldman quotes: Mark McKenna in CNN Money on Aug 24, 2012.

"I have been surprised that Samsung seems to have been on the defensive so much," said Mark McKenna, a law professor and intellectual property specialist at the University of Notre Dame.

"Apple V Samsung: Five Experts, Five Questions" (Quotes: Mark Mckenna) Computerworld, Mark Mckenna

Mark P. McKenna

"Apple v Samsung: Five experts, five questions" article by "Apple v Samsung: Five experts, five questions" (Quotes: Mark McKenna) Computerworld in Computerworld quotes Mark McKenna. Q2. If you could give advice to this jury -- that got 109 pages of instructions and hundreds of other pages of documents -- what would it be? Mark McKenna: They will have to first focus on the validity of the rights Apple and Samsung claim. A lot of the instructions have to do with damages, and damages are irrelevant if the rights aren't valid. Then I think they have to guard against the risk …

"Apple Jurors Grappled With Complex Patent Issues" (Quotes: Mark Mckenna) Associated Press, Mark Mckenna

Mark P. McKenna

"Apple jurors grappled with complex patent issues" Associated Press article by PAUL ELIAS quotes Mark McKenna, Aug 26, 2012

"Should Google Be Running Scared From Apple?" (Quotes: Mark Mckenna) Wired Aug 28, 2012, Mark Mckenna

Mark P. McKenna

Should Google Be Running Scared From Apple? article by Sarah Mitroff quotes Mark McKenna in Wired Aug 28, 2012.

Looking at the case, University of Notre Dame law professor Mark McKenna says Google is focusing on distancing itself from the pinch-to-zoom, the tap-to-zoom, and the bounce-back features that Samsung created, saying they aren’t included in its base Android code. “Google’s claim is that those features are part of the modified experience from other companies that license the Android operating system,” says McKenna.

"Free Speech Vs. Infringement In Suit On Alabama Artwork" (Quotes: Mark Mckenna) New York Times, Mark Mckenna

Mark P. McKenna

"Free Speech vs. Infringement in Suit on Alabama Artwork" New York Times article by Daniel Grant quotes Mark McKenna.

The case is of great interest to “artists all over the country whose free speech rights should not be subject to licensing arrangements by colleges and universities,” said Mark P. McKenna, a law professor at Notre Dame who was part of a group of professors that wrote a friend-of-the-court brief to the Court of Appeals on Moore’s behalf.

Mark Mckenna Quoted In The Mac News World Article "Apple Breaks Legal Serve In Samsung’S Home Court.", Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Mac News World article Apple Breaks Legal Serve in Samsung’s Home Court on December 13. "Neither of these companies wants to give an inch because the cumulative effect of these cases is to make it as difficult on each other as possible," Mark McKenna, a professor at Notre Dame Law School, told MacNewsWorld.

Samsung Shares Fall After Apple Verdict (Quotes: Mark Mckenna) Washington Post Aug 27, 2012, Mark Mckenna

Mark P. McKenna

Samsung shares fall after Apple verdict article by Hayley Tsukayama quotes Mark McKenna in Washington Post Aug 27, 201. Yet while the jury noted some infringement based on hardware design, they also said that Samsung violated Apple’s software design patents — findings that could have wider repercussions for the smartphone market, said Mark McKenna, a professor at the University of Notre Dame, who specializes in intellectual-property law. “Apple made most of the case about the design patents, but Apple wins on its utility patent claims, which is more significant because it relates to the software,” McKenna said. “Design only goes …

"Who Owns Crimson And White?" (Quotes: Mark Mckenna) Wall Street Journal, Mark Mckenna

Mark P. McKenna

Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal. Article by Allen Barra. Mark McKenna, a Notre Dame professor specializing in trademark law, is an amicus attorney for the case. In a phone interview last week, he said: "CLC and the university are using Daniel Moore as a test case. The bottom line is that Alabama and other schools want to control all the merchandise carrying an image associated with their schools. If they win, it isn't clear how far they could take this. If Daniel Moore isn't free to use an image from an Alabama game, how …

Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna

Mark P. McKenna

Court: Reselling Books Bought Abroad Isn't A Copyright Violation interview by Dan Bobkoff quotes Mark McKenna, NPR’s Morning Edition March 20, 2013 DAN BOBKOFF, BYLINE: Once you buy a book in the U.S., you're free to lend it, throw it away or sell it. This is called the First Sale Doctrine, says law professor Mark McKenna of Notre Dame. MARK MCKENNA: This is why there are used book stores. BOBKOFF: But the question at stake in this case was whether that still applies to products sold and made in another country. Grad student Supap(ph) Kirksang(ph) made tens of thousands of …

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.

The United Nations And The Magna Carta For Children, Winston E. Langley

Winston E. Langley

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Attribution Of Liability For Workplace Injuries Caused By Non-Employees- Recent Developments In The Law Of Non-Delegable Duty, Neil J. Foster

Neil J Foster

What I do in this paper is to open up in a fairly preliminary way an area of the law relating to attribution of liability that, while it has been around for a long time, I think is increasingly being misunderstood by scholars and the courts. I will mostly focus on the application of this principle in relation to workplace injuries, partly because that constitutes a significant area of its past and present application.

Implementation Of Patients’ Rights Legislation In The Republic Of Macedonia: Gaps And Disparities, Gabriela Alcheva, Filip Gerovski, Leo Beletsky

Leo Beletsky

Background: Since its formation after the breakup of Yugoslavia, Macedonia has made major strides in formulating a framework for protecting patient rights through extensive legal reform. The impact of this reform had not been assessed before the work of this project. Methods/Objectives: Within the context of a larger project on improving human rights in patient care, this paper provides an overview of patients’ rights legislation in Macedonia and uses research, case reports, and other empirical information to highlight the gaps in the implementation of patient rights’ legislation on the ground. Results: The Law on the Protection of Patients’ Rights (2008) …

Overview Of The Gaps In The Health Care Legislation In Georgia: Short-, Medium-, And Long-Term Priorities, Nino Kiknadze, Leo Beletsky

Leo Beletsky

Background: After gaining independence following the dissolution of the Soviet Union, Georgia has aspired to become the region’s leader in progressive legal reform. Particularly in the realm of health care regulation, Georgia has proceeded with extensive legislative reforms intended to modernize its health care system, and bring it in line with international standards. Objectives/Methods: As part of a larger project to improve human rights in patient care, we conducted a study designed to identify gaps in the current Georgian health care legislation. Using a cross-site research framework based on the European Charter of Patients’ Rights, an interdisciplinary working group oversaw …

How The Crummey Crumbles: Present Interest Planning With Trusts, Thomas E. Simmons

Thomas E. Simmons

No abstract provided.

Book Review, The First Century: One Hundred Years Of Aall History, 1906-2005, Kristina L. Niedringhaus

Kristina L Niedringhaus

The author reviews The First Century: One Hundred Years of AALL History by Frank G. Houdek.

The Bankruptcy Of Golfers' Warehouse, Inc.: A Lesson In How To Sell A Business In Chapter 11, Briton Collins, Will Smith, David Choi

David Y Choi

No abstract provided.

Watching The Watchers: Preventing I.R.S. Abuse Of The Tax System,, Samuel D. Brunson

Samuel D. Brunson

As a result of broad outcries against the incompetence and aggressiveness of the LR.S., Congress reined in its behavior, requiring it to focus on treating taxpayers as customers. Congress also created oversight bodies to ensure that the I.R.S. would comply with the new mandate. Though those oversight bodies face some difficulties - most notably, the unwillingness of Congress to adequately fund them - they nonetheless have proven effective at checking the IR.S. 's misbehavior with regard to taxpayers. Congress has not, however been as solicitous to the tax law itself The I.R.S. can act in ways that violate both the …

Estado Contra Sociedade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não é só o Estado que está doente. É também a sociedade, onde proliferam tristeza, vileza, vaidades ridículas, ódio figadal, fatuidade imensa, laxismos, preguiça, abatimento, oportunismo. A sociedade tem de encontrar em si forças para se regenerar, não podendo contar com um Estado ele próprio em desagregação.

Speaker, “Enforcing Co-Religionist Commerce”, Michael Helfand

Michael A Helfand

No abstract provided.