Digital Commons Network^™

Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes

The Journal of Business, Entrepreneurship & the Law

This article examines the historical and contemporary impacts of antitrust measures in the film industry, focusing on the significant Paramount Decrees which initially aimed to dismantle the monopolistic practices of the "Big Five" and "Little Three" studios. It discusses the evolution of these decrees and their relevance in today's landscape dominated by a new set of major players. The article further explores the current debate surrounding the shortening of the cinematic window of exclusivity, delving into the implications of various premium video on demand services, such as Disney Premier Access, and the arguments both for and against shortened windows. It …

Can Online-Only Businesses Constitute Places Of Public Accommodation Under Title Iii Of The Ada?, Nicholas Conti

The Journal of Business, Entrepreneurship & the Law

Central to this article is the significant Disability Rights Movement, which aimed to provide equal opportunity and equal access to people with disabilities, while rallying against negative stereotypes and advocating for institutional change. In Martinez v. Cot’n Wash, Inc., the California Court of Appeal for the Second District applied a strict method of textual interpretation to decide that, absent any nexus to a physical location or storefront, a website by itself cannot constitute a place of public accommodation under Title III of the ADA. Part II provides an overview of the Americans with Disabilities Act, focusing on a modern conflict …

Rights Of Present And Future Generations To A Healthy Environment: An Analysis In Intergenerational Equity And Solidarity In Latin America, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie

Public Land & Resources Law Review

No abstract provided.

Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White

Public Land & Resources Law Review

No abstract provided.

Nnalsa Briefs Introduction

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Respondent, Skylee James, Lauren Bretz

Public Land & Resources Law Review

No abstract provided.

Rewriting History: Copyright, Free Speech, And Reimagining Classic Works, Cathay Y. N. Smith

Villanova Law Review (1956 - )

No abstract provided.

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

Environmental Protection, Sustainability And The Prevention Of Satellite Collisions In Outer Space, Yun Zhao

Fordham Environmental Law Review

With space commercialization and privatization continuing apace, more space objects are expected to be launched and put into operation in the future, adding to the already large number of defunct satellites and space debris present in outer space. Hence, serious study should be devoted to possible mechanisms for dealing with potential collisions in outer space for the purpose of realizing environmental protection and space sustainability. In view of the inadequacy of the existing legal regime, this article explores possible such mechanisms (including a preventive mechanism, avoidance mechanism and compensation mechanism) from the perspective of interdependence theory and puts forward a …

Robots, Markets, And The Value Of Deal Lawyers, Heather Hughes

Scholarly Articles in Law Reviews & Journals

Emerging forms of automation using artificial intelligence (AI) and distributed ledgers are raising transformative questions for the practice of law. Deal lawyers are well-situated to understand the convergence of various modes of automation and their implications for their clients and the markets they facilitate. This Article contends that digesting threats and leveraging opportunities associated with new technologies calls for granular, context-specific assessment. It presents one instance of automation in one predominant market—the market for asset-backed securities (ABS)—by comparing securitization to a blockchain-based analog, tokenization. It considers how lawyers support the ABS market and how automation of lawyers’ functions could intersect …

Digital Barter Taxes: A Legal Defense, Young Ran (Christine) Kim, Darien Shanske

Articles

This short essay, aimed at state legislators, defends digital barter taxes from the most common legal objections.

“Humanizing” Economic Sanctions? Lessons From International Humanitarian Law, Nathanael Tilahun, Obiora C. Okafor

Articles & Book Chapters

No abstract provided.

Hearing Before The United States Senate Committee On The Judiciary Subcommittee On Federal Courts, Oversight, Agency Actions, And Federal Rights, O. Carter Snead

Congressional Testimony

O. Carter Snead, the Charles E. Rice Professor of Law and director of the de Nicola Center for Ethics and Culture at the University of Notre Dame, offered expert testimony on Wednesday (June 12) before the U.S. Senate Committee on the Judiciary on “Crossing the Line: Abortion Bans and Interstate Travel for Care After Dobbs.”

Originally posted by the United States Senate Committee on the Judiciary.

International Human Rights In Asian Constitutions, Ngoc Son Bui

Duke Journal of Comparative & International Law

International law is integrated into national constitutions across the world. Particularly, the convergence of national constitutions with international human rights (IHR) law has been a global trend. Asia has been underexplored in the global scholarship on constitutional convergence. This Article seeks to make both theoretical and empirical contributions by exploring three models of convergence with IHR law in seven Asian constitutions: convergence impelled by international inducement in post-war and post-conflict states (Japan and Cambodia), convergence propelled by the domestic precommitment of new democracies (South Korea and Indonesia), and convergence compelled by the international socialization of the socialist states (China, Laos, …

40 Years After The Moratorium On Commercial Whaling: Assessing The Competence Of The International Whaling Commission To Confront Critical Threats To Cetaceans, Chris Wold

Pace International Law Review

With Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), no member of the International Whaling Commission (IWC) hunts whales commercially except by objection or reservation, thus intensifying the debate over what the IWC should do and what it may do. For decades, some IWC members have questioned the mandate of the IWC to manage small cetaceans, regulate whaling in coastal State exclusive economic zones, and make recommendations concerning entanglement, bycatch, and other threats to whale conservation. An analysis of the ordinary meaning of the ICRW and the practice of the IWC shows that the IWC has …

The Health And Human Rights Impact Assessment: The Preeminent Value Of Equity, Lawrence O. Gostin, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The Health and Human Rights Journal launched 30 years ago at the dawn of the era of health and human rights. Health and human rights were more often viewed as being in tension than in harmony, and there was little guidance on the right to health itself. With the unabashed discrimination against people living with HIV/AIDS in the name of public health at the forefront of our minds, Jonathan Mann and one of us (LOG) sought to provide practical guidance on when and how human rights could be limited in the name of public health, developing the first health and …

Resilient Forest Management And Climate Change, Blake Hudson

Georgia Law Review

Climate change threatens the very existence of the world’s forests as temperature increases outpace forests’ ability to adapt. Society must implement adaptation policies aimed at making forests more resilient. This Article describes how we can better manage for more resilient forests by first detailing some of the scientific and policy complexity affecting our ability to do so. The Article then details the primary adaptation solutions for creating greater forest resiliency (reducing fire risk and integrating more climate resilient species into forests), some of the impediments to implementing those solutions (federalism, geographic and ecological differences in forests, and scientific unknowns), and …

Farmland And Forestland In An Era Of Climate Change: Hurricane Michael And Opportunities To Advance Rural Resilience, John Travis Marshall

Georgia Law Review

Catastrophic disasters fundamentally destabilize and reshape communities. They often cause loss of life and invariably inflict extensive property damage. Disabled individuals, the elderly, chronically ill persons, and families struggling to make ends meet are almost always left more vulnerable. Affected communities frequently experience population loss, a declining property tax base, and economic contraction. Over the last three decades, a string of major disasters has focused scholarly attention on their far-reaching impacts on large cities. Storms and earthquakes have reshaped urban landscapes and forced communities to reckon with their futures from San Francisco to Northridge, Houston to New Orleans, and Miami …

Repurposing Fossil Infrastructure, Heather E. Payne

San Diego Journal of Climate & Energy Law

Our built environment includes infrastructure dedicated to fossil fuels: wells, pipelines, compressor stations, refineries, fossil gas storage caverns, gas stations. One challenge as we decarbonize is how we will repurpose these locations and networks as we move toward a decarbonized world.

This Article imagines the outcomes for three distinct pieces of our fossil fuel infrastructure and how each could be a part of our decarbonized future. First, given the challenges seen building long distance transmission, local sources of renewable electricity will become even more critical. In many places, the most plentiful of these is rooftop solar, but it faces a …

Climate Regulation And Co-Benefits: The Reality Of Co-Benefits In Climate Policy And The Reality We Face Without Them, Riley Jacobs

San Diego Journal of Climate & Energy Law

The United States has long required administrative agencies to conduct Cost-Benefit Analyses (“CBA”) in their rulemaking. By conducting CBA, agencies “show their work” to Congress, courts, and constituencies as to why the agency wishes to regulate a certain way and what it would cost to do so.

This Article will focus on co-benefits, an increasingly divisive component of CBA. Co-benefits, or benefits occurring secondary to the targeted purpose of statutory authority, assist agencies like the Environmental Protection Agency (“EPA”) in painting a holistic picture of everything the public has to gain from a rule’s passage. In recognizing that value, the …

Thriving In Theory, Missing The Mark: U.S. Organic Farming IndustryʼS Systemic Malfunctions And How Danish Organic Farming Policy Could Help Solve These Issues, Bailey Webster

San Diego Journal of Climate & Energy Law

Section one of this Article explains the overall framework of the U.S. organic farming industry, including certification, labeling, education, and funding. Section two explains the background and structure of Danish organic farming, administered by the Ministry of Food, Agriculture, and Fisheries of Denmark. Section three addresses and analyzes current issues afflicting the U.S. organic farming industry. Section four explores a prominent organic farming case, Center for Food Safety v. Perdue. Additionally, this Article details the comparison between the U.S. and Danish organic farming policies that are most relevant to issues in the U.S. industry. Lastly, and most importantly, this …

Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan

Indonesian Journal of International Law

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …

Is The Use Of Artificial Intelligence In Alternative Dispute Resolution A Viable Option Or Wishful Thinking?, Samuel D. Hodge Jr.

Pepperdine Dispute Resolution Law Journal

This article delves into the evolving relationship between artificial intelligence (AI) and the legal profession, particularly in the context of alternative dispute resolution (ADR). The introduction sets the stage by highlighting AI's transformative potential in reshaping legal practice through automation, efficiency, and data-driven insights. While acknowledging the uncertainty surrounding AI's long-term impact on the legal landscape, it emphasizes the need for investigation and adaptation as the technology evolves. Key considerations, such as AI technology's limitations, regulatory challenges, and ethical implications, are also addressed. Despite the promises of efficiency and accessibility, questions remain about AI's ability to replicate human reasoning and …

Who Should Be Liable? Examining The Corporate Liability Regime For Cybersecurity Risks, Angel R. Gardner

Student Journal of Information Privacy Law

The growth of the Internet of Things (IoT) poses new and substantial security risks for individual and national security. The IoT leaves networks susceptible to hacking, a form of unauthorized access into another person’s system or device. All devices that use the IoT are at risk of unauthorized access—a few examples include vehicles or medical devices. Currently, there are no regulations requiring corporations to protect their software from unauthorized intrusions. However, the current tort landscape does not allow for individuals to recover when there are unauthorized network intrusions where there is no tangible harm. This paper discusses why cybersecurity intrusions …

Untouchable Sovereign Debts: Towards A New Model Of Transitional Justice And Global Finance, Cosmas Emeziem

Georgia Journal of International & Comparative Law

Who bears the cost of peace in societies transitioning from oppressive regimes? Who is responsible for paying back the debts incurred by dictators? These questions are crucial in transitional justice situations, yet the discipline discusses debts and transitional justice separately. While sovereign debts are viewed within markets and global economic frameworks, transitional justice is considered within citizens and human rights frameworks. This approach is flawed as it marginalizes human dignity and social justice considerations.

To rectify this schism, this Article brings these two legal spheres together in an epistemic dialogue using sovereign debt as the point of intersection. In transitional …