Digital Commons Network^™

Privatizing Copyright, Xiyin Tang

Michigan Law Review

Much has been written, and much is understood, about how and why digital platforms regulate free expression on the internet. Much less has been written— and even much less is understood—about how and why digital platforms regulate creative expression on the internet—expression that makes use of others’ copyrighted content. While § 512 of the Digital Millennium Copyright Act regulates user-generated content incorporating copyrighted works, just as § 230 of the Communications Decency Act regulates other user speech on the internet, it is, in fact, rarely used by the largest internet platforms—Facebook and YouTube. Instead, as this Article details, creative speech …

Carceral Socialization As Voter Suppression, Danieli Evans

Articles

In an era of mass incarceration, many people are socialized through interactions with the carceral state. These interactions are poweful learning experiences, and by design, they are contrary to democratic citizenship. Citizenship is about belonging to a community of equals, being entitled to mutual respect and concern. Criminal punishment deliberately harms, subordinates, and stigmatizes. Encounters with the carceral system are powerful experiences of anti-democratic socialization, and they impact peoples' sense of citizenship and trust in government. Accordingly, a large body of social science research shows that eligible voters who have carceral contact are significantly less likely to vote or to …

The Evolution Of The ‘Trade And …’ ‘Debate’: A View From Asean, Locknie Hsu

Research Collection Yong Pung How School Of Law

This article explores the ‘Trade and …’ ‘Debate’ in the context of trade and environment issues. It provides an explanation of the evolution of discussions of such issues in a non-dispute settlement context, using developments in the Association of Southeast Asian Nations’ integration efforts as illustrations. It also highlights a number of opportunities for trade and environment collaboration in negotiations for free trade agreement and Digital Economy Partnership Agreements.

The Indecisions Of 1789: Inconstant Originalism And Strategic Ambiguity, Jed Handelsman Shugerman

Faculty Scholarship

The unitary executive theory relies on the First Congress and an ostensible "Decision of 1789" as an originalist basis for unconditional presidential removal power. In light of new evidence, the First Congress was undecided on any constitutional theory and retreated to ambiguity in order to compromise and move on to other urgent business.

Seila Law's strict separation-of-powers argument depends on indefeasibility (i.e., Congress may not set limits or conditions on the president's power of civil removal). In fact, few members of the First Congress defended or even discussed indefeasibility. Only nine of fifty-four participating representatives explicitly endorsed the presidentialist …

Service Out Under The New Rules Of Court, Ian Mah, Aaron Yoong

Research Collection Yong Pung How School Of Law

The new Rules of Court 2021 seek to provide a more accessible and efficient justice system. The extensiveness of the overhaul, however, brings with it as much unfamiliarity as excitement. This legislation comment examines the changes in the provisions governing service out of jurisdiction and argues that the textual changes also effect substantive changes to how the law is applied. This comment also explores the related issues on the grant of Mareva injunctions in aid of foreign proceedings under the new Rules of Court 2021.

Mitigating Zoonotic Disease Threats To Prevent Future Pandemics: A Critical Analysis Of Policy Favoring The Closures Of Wildlife Markets In Latin America, Melany J. Danielson

University of Miami Inter-American Law Review

The Preventing Future Pandemics Act was introduced to mitigate zoonotic disease threats around the world by focusing policy efforts on the closure of wildlife markets that gave rise to COVID–19. This Note challenges the efficacy of wildlife market closure policy by considering cultural, socioeconomic, and legal factors for the existence of wildlife market within megadiverse countries in Latin America. Based on scientific research on the animal-to-human interface and zoonotic disease transmission, this Note suggests effective policy should incorporate a targeted species ban for reservoir species, improved sanitary measures and disease surveillance, and wildlife trafficking prevention. Ultimately, this Note calls for …

Mmu: 02/27/23–03/05/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Emily McLane

Ask a 3L: Clayton Goldman

Sport Report by Stephen Nugent

Jackie's Corner

Ai And Empathy, John Lande

Faculty Blogs

This post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them.

The Illinois Second Chance Expungement/Sealing Gap, Colleen Chien

Faculty Publications

No abstract provided.

The Objective Penal Protection Of The Terrestrial Environment In Light Of The Provisions Of The Kuwaiti Environmental Protection Law, Its Amendments And Implementing Regulations, Bader Ahmed Al-Rajhi Dr.

UAEU Law Journal

terrestrial environment and the statement of what environmental pollution is, the terrestrial environment means soil, which is the earth, that important element of the environment, it is where human settle, and has his residence and shelter, it is the source of his food, just as it is the settle of animals and their source of food.

However, this terrestrial environment has been exposed to environmental pollution, namely all human and natural activities that contribute to the presence of any pollutants or agents in the environment in quantities or characteristics for a period of time that may lead directly or indirectly …

Crimes Of Assault On Electronic Programmes In Palestinian Legislation, عبدالله ذيب محمود, Mamoun Abu Helou, Waheeb Abu Ulbeh

AAU Journal of Business and Law مجلة جامعة العين للأعمال والقانون

The development and great spread of information technology and communication devices and the increase in reliability of the Internet have led to its widespread use in the daily life of Palestinian citizens and thus the emergence of many related electronic crimes. This study revolves around talking about the crimes of assaulting electronic programs in Palestinian legislation, which are represented by obstructing or disrupting access to electronic services, devices, programs, or electronic information of all kinds. The object of protection in the crime of assaulting electronic devices and the electronic network is the programs that are configured or accessories to computers …

Hard Truths: Cracking Open The Case Of Whether Hard Seltzer Is Beer, Scott Fraser

University of Miami Law Review

Following the line of cases asking questions such as what is a chicken, and is a burrito a sandwich, comes the next deep legal issue, what is beer? How do we determine this seemingly simple question? Do we simply know it when we see (or taste) it? Does it require a mix of specific ingredients or certain processes? Or, if we should rely on definitions, do we look to the dictionary, history, or statutes? In a dispute in the United States District Court for the Southern District of New York, the court is asked to resolve this question. Courts have …

Mmu: 02/20/23–02/26/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week:Joey Forchetti

Ask a 3L: Starr Ford

Sport Report by Stephen Nugent

Kaitlyn's Corner

Justice For Dogs, Alexander J. Lindvall

Arkansas Law Review

This Essay summarizes the Fourth Amendment’s protection of dogs. The Fourth Amendment protects people from unreasonable seizures. And nearly every circuit has held that it is unreasonable (and therefore unconstitutional) for an officer to shoot (seize) a dog without a very good reason. Killing a nonthreatening family pet is one of the most egregious forms of police misconduct. The courts rightfully recognize that the unjustified harming of a dog violates the Fourth Amendment.

Michael Uslan To Address The Class Of 2023, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Film producer, teacher, and writer Michael Uslan ’76 will serve as the Indiana University Maurer School of Law’s graduation speaker this May, the school announced today (Feb. 16). Holder of three degrees from Indiana University, Uslan is credited with helping to make the Batman franchise one of the most successful film projects of all time. He has served as executive producer on each one of the films, ranging from 1989’s Batman to the conclusion of Christopher Nolan’s trilogy. He served as executive producer on the award-winning Joker in 2019 and his latest project, Joker: Folie à Deux, is currently in …

The Consensus Rule: Lessons From The Regulatory World, Wendy Wagner

Villanova Law Review (1956 - )

No abstract provided.

Protecting Natural Stewardship: Public Trusts, Wildlife Trusts, And The Effect Of Trophic Cascades, Nicholas Massey

Duke Journal of Constitutional Law & Public Policy Sidebar

The reintroduction of the Gray Wolf to the Greater Yellowstone Ecosystem conferred extensive ecological benefits to the region. The wolves' return resulted in a phenomenon known as a "trophic cascade," in which the presence of apex predators atop a food pyramid effectuates a "waterfall" of ecosystem-wide benefits. For example, the Gray Wolf has curtailed bloated elk populations, which has in turn reduced the damage of elk herds overgrazing on willow, aspen, and cottonwood plants—critical sources of food for the region's beavers. Importantly, the wolves' benefits are not confined to flora and fauna. Scientists have even discovered geological and riparian benefits …

The Spirit Of Gun Laws, Noah Levine

Duke Journal of Constitutional Law & Public Policy Sidebar

The firearms debate in the United States often pits public health against freedom. This false dichotomy implies that gun laws, even wise ones, inherently erode individual liberty. Indeed, this appeal to liberty finds fertile ground in the United States, where many Americans intuitively reject any incursion on their freedom. Yet this one-sided conception of liberty is, at best, incomplete: while the government can certainly encroach on our freedom, so too can our fellow citizens.

A historically grounded conception of liberty in the United States includes the sense of security that fosters self-expression without fear of arbitrary constraint. That is, when …

Navigating The Covid-19 Eviction Crisis: The Cdc's Emergency Eviction Moratorium And Judicial Deference, Deepika Chandrashekar

Journal of the National Association of Administrative Law Judiciary

The COVID-19 pandemic has exacerbated America’s pre-pandemic affordable housing crisis and millions of renters have paid the price. The Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium in September of 2020 due to the ongoing COVID-19 pandemic. While the moratorium was originally intended to be temporary, the CDC under the Biden administration was forced to extend the moratorium in August of 2021 due to a lack of congressional action. The CDC is empowered by the Public Health Service Act to take actions necessary to prevent the spread of communicable diseases, and the ongoing COVID-19 pandemic constitutes …

Kennedy V. Bremerton Sch. Dist.142 S. Ct. 2407 (2022), Alizay Furtado

Ohio Northern University Law Review

No abstract provided.

Power Above Principle:How Conservatives Came To Embrace Presidential Power, Michael A. Genovese

Ohio Northern University Law Review

No abstract provided.

Tax Credits Vs. Corporate Social Responsibility: Theentertainment Industry’S Challenge To State Anti-Abortion Bills, Robert Rosenberg

Ohio Northern University Law Review

No abstract provided.

Presidential Maladministration, Michael Sant'ambrogio

Ohio Northern University Law Review

No abstract provided.

Mindful Practices For Law Practices, Susan Greene

Ohio Northern University Law Review

No abstract provided.

Employment Authorization And Immigration Status:The Janus-Faced Immigrant Worker, Leticia M. Saucedo

Ohio Northern University Law Review

No abstract provided.

Strengthening Governance And Rule Of Law In An Era Of Crisis, James B. Cunningham

Ohio Northern University Law Review

No abstract provided.

Paradoxes Of Positivism And Pragmatism In The Debate Aboutoriginalism, André Leduc

Ohio Northern University Law Review

No abstract provided.

Originalism: A Thing Worth Doing . . ., D.A. Jeremy Telman

Ohio Northern University Law Review

No abstract provided.

Privacy And Its Importance With Advancing Technology, Judith Wagner Decew

Ohio Northern University Law Review

No abstract provided.

Untested Drugs To Treat Ebola: A Case Of Uncompassionatecompassionate Use?, Stacey B. Lee J.D.

Ohio Northern University Law Review

No abstract provided.