Law Commons^™

Week Of September 27, 2021 - October 1, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Family Law Society
• Cardozo For Immigrants' Rights and Equality (FIRE)
• Cardozo International Law Society
• Cardozo Labor and Employment Law Society
• Cardozo Moot Court Honor Society
• Cardozo Sports Law Society (CSLS)
• Cardozo Startup Society
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)

Always Online Drm And Video Games, Olivia Yoon

AELJ Blog

Digital rights management, or DRM, allows copyright holders to utilize technology to protect their digital files from unauthorized use. The technology used “controls access to content on digital devices” and “[i]deally . . . should equally protect the content owner’s, content creator’s, and content user’s rights under copyright law.” Access is controlled through a variety of methods, including permission management and encryption, and DRM has been used by many major companies, such as Microsoft’s PlayReady and Apple’s Fairplay.

This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 27, 2021. The original post can …

Your Location Will Determine Your Right To Physician Assisted Suicide, Zoe Neefe

CICLR Online

Do our rights stop at death? Individuals diagnosed with terminal illnesses are forced to think about not just when but how they are going to die. It is no surprise that some terminally ill patients cease to continue taking medication that would otherwise prolong their lives. Yet opinions become very divided when individuals seek assistance in forgoing life altogether. Physician-assisted suicide (PAS) is known by various titles across the world. In general, PAS is when a patient requests assistance in dying, without the doctor being civilly or criminally liable. Countries seeking to legalize PAS must strike a balance between the …

Vol. 61, No. 06 (September 27, 2021)

Indiana Law Annotated

No abstract provided.

Ndls Communicator: Week Of 09.27.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Three ND Law professors cited in Sixth Circuit dissent calling for Roe v. Wade to be overturned
• Judy Fox appointed to new Indiana Commission on Equity and Access in the Court System
• Stephen Smith delivers Constitution Day lecture at LSU Law
• Mary Ellen O'Connell talks to Business Insider
• Lloyd Mayer publishes in TaxNotes
• Carter Snead writes for National Affairs
• Jeff Pojanowski speaks at Villanova Law School
• Sean Seymore speaks at Iowa Law

Student News

• Notre Dame Law students receive prestigious scholarships for women in real estate
• 1L Julia Ware navigates law school while playing soccer for Fighting …

Law School News: Announcing The 2nd Annual Rbg Contest For K-12 Students 10-27-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Mmu: 09/27/21–10/03/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: Will Clark

2Ls Taking Ls: Chris Pillay

Ask a 3L: Sebastian Bellm

What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo

All Faculty Scholarship

To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …

Joint Submission Of Ip Scholars, Re. Consultation On A Modern Copyright Framework For Artificial Intelligence And The Internet Of Things, Carys Craig

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

Cardozo Law News Brief: September 24, 2021, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2021

Featured Faculty:

• Ekow N. Yankah
• Kate Shaw
• Rebecca Ingber
• Edward Zelinsky

Campus News:

• 3L Student Tae Chang Wins First Place in 2021 American Journal of Mediation National Dispute Resolution Writing Competition

Events:

• It's Not Easy Being Green
• Floersheimer Center Annual Supreme Court Term Preview
• NIL in Real Time
• Linking Concepts of Public Health, Mental Health, and Mass Atrocity Prevention

The Constitutionalization Of Parole: Fulfilling The Promise Of Meaningful Review, Alexandra Harrington

Journal Articles

Almost 12,000 people in the United States are serving life sentences for crimes that occurred when they were children. For most of these people, a parole board will determine how long they will actually spend in prison. Recent Supreme Court decisions have endorsed parole as a mechanism to ensure that people who committed crimes as children are serving constitutionally proportionate sentences with a meaningful opportunity for release. Yet, in many states across the country, parole is an opaque process with few guarantees. Parole decisions are considered “acts of grace” often left to the unreviewable discretion of the parole board.

This …

Biden Administration U.S. Space Force Policy Literature, Bert Chapman

Libraries Faculty and Staff Presentations

Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …

The Brief (Edition #11, September 2021), William & Mary Law School

The Brief

No abstract provided.

Arguing About The Jus Ad Bellum, Monica Hakimi

Book Chapters

In January 2020, the United States conducted a targeted airstrike against Iranian General Qasem Soleimani, who at the time was on official business in Iraq. Soleimani had commanded an Iranian military unit that supported armed groups throughout the region, including in Iraq. He likely was involved, directly or indirectly, in countless incidents of low-level violence against the United States and its allies. Nevertheless, the US attack on him was especially brazen and seemed to up the ante. It raised the possibility, or at least created some chatter, that the two countries were heading toward all-out war.

Most analysts who assessed …

The Supreme Court, The Texas Abortion Law (Sb8), And The Beginning Of The End Of Roe V Wade?, I. Glenn Cohen, Eli Y. Adashi, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Thirteen states have enacted so-called “fetal heartbeat” laws banning abortions once embryotic cardiac activity can be detected. Courts have enjoined their enforcement as unconstitutional. However, on September 1, 2021, the Supreme Court declined to block a Texas fetal heartbeat law, which virtually eliminates access to abortion services. Texas Governor Greg Abbott signed SB8 into law on May 19th, with an effective date of September 1st. The law essentially prohibits abortion after 6 weeks of gestational age, before most women know they are pregnant.

Texas’ fetal heartbeat law has a unique feature. It empowers private individuals to bring civil lawsuits not …

Vertical Control, Herbert J. Hovenkamp

All Faculty Scholarship

Antitrust litigation often requires courts to consider challenges to vertical “control.” How does a firm injure competition by limiting the behavior of vertically related firms? Competitive injury includes harm to consumers, labor, or other suppliers from reduced output and higher margins.

Historically antitrust considers this issue by attempting to identify a market that is vertically related to the defendant, and then consider what portion of it is “foreclosed” by the vertical practice. There are better mechanisms for identifying competitive harm, including a more individualized look at how the practice injures the best placed firms or bears directly on a firm’s …

Diversity In Innovation Best Practices Guide, Laura Norris, Mary Fuller, Joy Peacock, Sydney Yazzolino

Faculty Publications

In 2020, the USPTO collaborated with the HTLI to propose a study designed to increase diversity in the patenting process, specifically targeted to in-house legal / IP department and their practices. The goal of the study was simple - harvesting the collective knowledge of nationwide IP professionals and producing an “insanely practical” guide to expand inventorship to a more diverse inventor population. By “diverse” we mean underrepresented or historically marginalized groups in the United States patent system. The term "diversity" can be interpreted differently in different countries. The HTLI research team collected this extensive list of over 90 best practice …

Competing Explanations For Parallel Conduct: Lessons From The Australian Detergent Case (Colgate-Palmolive), George Hay, E. Jane Murdoch

Cornell Law Faculty Publications

Parallel conduct by competing firms is an almost unavoidable phenomenon in the real world. Of course, parallel conduct can be the result of completely independent and uncontroversial behaviour, such as when all suppliers are affected by and respond unilaterally to an identical increase in costs. Few would suggest that, in such circumstances, the firms’ conduct should be subject to sanctions. At the other extreme, parallel conduct can be the result of interdependent and deliberately coordinated behaviour, such as when all suppliers meet in the proverbial smoke-filled room and agree to fix prices. Few would hesitate to condemn such conduct under …

The Perceived Risks Of E-Cigarettes To Others And During Pregnancy, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Background

Public Health England has concluded that e-cigarettes are much safer than cigarettes for the user and for secondhand exposures, but it has not reached a definitive conclusion regarding pregnancy risks. How people perceive the risks to others is less well understood.

Methods

This study uses an online UK sample of 1041 adults to examine perceived e-cigarette risks to others and during pregnancy. The survey examines relative risk beliefs of e-cigarettes compared to cigarettes and the percentage reduction in harm provided by e-cigarettes.

Results

A majority of the sample believes that secondhand exposure to e-cigarette vapors poses less risk than …

Antibiotic Resistance In The Patient With Cancer: Escalating Challenges And Paths Forward, Amila Nanayakkara, Helen Boucher, Vance Fowler, Amanda Jezek, Kevin Outterson, David Greenberg

Faculty Scholarship

Infection is the second leading cause of death in patients with cancer. Loss of efficacy in antibiotics due to antibiotic resistance in bacteria is an urgent threat against the continuing success of cancer therapy. In this review, the authors focus on recent updates on the impact of antibiotic resistance in the cancer setting, particularly on the ESKAPE pathogens (Enterococcus faecium, Staphylococcus aureus, Klebsiella pneumoniae, Acinetobacter baumannii, Pseudomonas aeruginosa, and Enterobacter spp.). This review highlights the health and financial impact of antibiotic resistance in patients with cancer. Furthermore, the authors recommend measures to control …

Constitution-Free Zones: How The Fourth Amendment Rights Of Americans Are Violated At And Near The Border, Camila Valdivieso

Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. U.S. Const. amend. XIV. Border Patrol continues to abuse their authority to this day.

Week Of September 20, 2021 - September 24, 2021, Benjamin N. Cardozo School Of Law

Today at Cardozo 2021

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo Family Law Society
• Cardozo Fashion Law Society
• Cardozo Health Law Society
• Cardozo Public Service Scholars Program
• Cardozo South Asian Law Students Association (SALSA)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)

Civil Procedure Update 2021: New Mexico Annual Judicial Conclave, Verónica Gonzales-Zamora

Faculty Scholarship

These materials are part of a presentation on civil procedure given to magistrate, district, appellate, and tribal court judges, justices, and staff attorneys in New Mexico courts. These materials include the language of approved and proposed amendments to the state and federal rules of civil procedure as well as summaries of relevant appellate cases issued by the New Mexico Supreme Court and Court of Appeals, the Supreme Court of the United States, and the Supreme Court of the Navajo Nation between May 1, 2021 to September 1, 2021.

Mmu: 09/20/21–09/26/21, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements

Stoic Start to the Week

Sport Report by Ashley Topel

1L of the Week: William Ulrich

2Ls Taking Ls: Blake Hale

Ask a 3L: Carter Wietecha

September 20, 2021: Two Recent Columns--The Texas Anti-Abortion Statute And Justice Wecht And The Death Of God, Bruce Ledewitz

Hallowed Secularism

Blog post, “Two Recent Columns--the Texas Anti-Abortion statute and Justice Wecht and the Death of God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

September 2, 2021: The Steal In The National Popular Vote Interstate Compact, Bruce Ledewitz

Hallowed Secularism

Blog post, “The steal in the National Popular Vote Interstate Compact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Ndls Communicator: Week Of 09.20.21, Notre Dame Law School

NDLS Communicator

The Latest News

• Justice Clarence Thomas delivers Tocqueville Lecture
• Rick Garnett quoted in Indianapolis Star
• Veronica Root Martinez authors chapters in compliance handbook
• Rick Garnett will deliver a Constitutional Day lecture, Religious Freedom and the Constitution in America Today, at The Citadel on September 23
• Elkhart police chief asks for detective who lied in 2002 homicide case to be fired
• Notre Dame Law student helps win asylum for Salvadoran mother and child
• Program on Church, State & Society 2021 fellows share summer experiences

Events

• Monday, September 20: Graduate Seminar Speaker Series: Intergovernmental or Legislative Legal Policy Advising, Zachary Kaufman, University …

Vol. 61, No. 05 (September 20, 2021)

Indiana Law Annotated

No abstract provided.

Equal Protection And Abortion: Brief Of Equal Protection Constitutional Law Scholars Serena Mayeri, Melissa Murray, And Reva Siegel As Amici Curiae In Support Of Respondents In Dobbs V. Jackson Women's Health Organization, Reva Siegel, Melissa Murray, Serena Mayeri

All Faculty Scholarship

Equal Protection changes the questions we ask about abortion restrictions. In Dobbs v. Jackson Women’s Health Organization, an amicus brief filed on our behalf demonstrated that Mississippi’s ban on abortions after 15 weeks violates the Fourteenth Amendment’s Equal Protection Clause. The brief continues a tradition of equality arguments that preceded Roe v. Wade and will continue, in new forms, after Dobbs. Our brief shows how the canonical equal protection cases United States v. Virginia and Department of Human Resources v. Hibbs extend to the regulation of pregnancy, hence provide an independent constitutional basis for abortion rights.

Under equal …