Digital Commons Network^™

Trademark Tarnishmyths, Jake Linford, Justin Sevier, Allyson Willis

Scholarly Publications

Trademark law protects famous marks from dilution by tarnishment, defined by statute as use likely to "harm the reputation of the famous mark." Tarnishing uses are typically those that connect a mark with disreputable goods or topics, like sex or drugs. Mark owners worry that consumers will not purchase products connected with sexually explicit or drug-related materials, and courts often presume the same. If those associations likely cause consumers to withhold custom or dissipate goodwill consumers have invested in the mark, anti-tarnishment protection might be justified. But if that harm is more mythic than real, the law penalizing tarnishing use …

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

A Blast From The Pfast: Forever Chemicals Coming Back To Haunt Us And How International Regulatory Schemes Can Supplement United States Law, Mackenzie Pensyl

Akron Law Student Publications

No abstract provided.

Context, Purpose, And Coordination In Taxation, Blaine G. Saito

Connecticut Law Review

A great deal of scholarship focuses on whether we should place social safety net and redistribution programs within the tax sphere and under the responsibility of the IRS. But much of this literature misses a key point. These programs are here, and they are unlikely to leave the tax sphere. But little is said about how to approach administering them.

This Article suggests the IRS administer these programs under a new framework called contextualized purpose. The idea is that these tax programs should be organized and managed in a way that comports with the broader context of the social safety …

Table Of Contents

Journal of Health Care Law and Policy

No abstract provided.

Preventing Eviction And Housing Loss: Taking Advantage Of A One Health Approach And The Human-Companion Animal Bond, Andrea Uhlig, William Bellamy, Megan Amos, Donna Bernstein, Jennifer Brause, Erin Morin, Anne Corrigan, Frank Curriero, Paul Locke

Journal of Health Care Law and Policy

No abstract provided.

Virtue And The Administrative State, John S. Ehrett

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Making Judges Moral: Originalism And The Practice Of Common Good Constitutionalism, Brennan Buhr

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The First Amendment And National Security: A Case For A Clear Test, Drake C. Stobie

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Testing Political Antitrust, Nolan Mccarty, Sepehr Shahshahani

Faculty Scholarship

Observers fear that large corporations have amassed too much political power. The central fact that animates this concern is growing economic concentration—the rise in the market share of a small number of top firms. These firms are thought to use their enhanced economic power to capture the government and undermine democracy by lobbying. Many scholars and activists have urged the use of antitrust law to combat this threat, leading a “political antitrust” movement that advocates explicit incorporation of political considerations into antitrust enforcement. Political antitrust has sparked great debate not only in academic circles but also among policymakers.

But the …

Editing And Advocacy, Patrick Barry

Books

Good editors don’t just see the sentence that was written. They see the sentence that might have been written. They know how to spot words that shouldn’t be included and summon up ones that haven’t yet appeared. Their value comes not just from preventing mistakes but from discovering new ways to improve a piece of writing’s style, structure, and overall impact.

This book— which is based on a popular course taught at the University of Chicago Law School, the University of Michigan Law School, and the UCLA School of Law— is designed to help you become one of those editors. …

Feedback Loops: Feedback Fundamentals, Patrick Barry

Books

Learning how to give and receive feedback is fundamental to the development of every student and professional. Yet few of us are ever taught anything like “feedback skills.”

This book, which is the first in the Feedback Loops series, is designed to change that. Here is what students who have taken the University of Michigan Law School course on which the series is based have said about it:

“One of the most memorable and useful classes I have taken in law school!”

“Excellent, full stop.”

“This class was always a fun highlight of my week.”

The Application Of Law As A Key To Understanding Judicial Independence, Tahirih V. Lee

Scholarly Publications

No abstract provided.

E.T. Phone Home: Can Hollywood's Big Break Include Fixing Environmental Carnage And Human Rights Violations From Co-Productions, Haley N. Carson

Loyola of Los Angeles Entertainment Law Review

With the continuous rise of globalization and the interconnectivity of nations, co-productions are becoming the new “hit” for movies and shows. When two or more foreign nations come together for entertainment purposes, co-productions are formed. How do these nations join forces for “movie magic?” Big brother film commissions, such as the Association of Film Commissioners International and the European Convention on Cinematographic Co-Production, aid in the facilitation of co-productions.

While consumers are unaware of the details and fine-print behind these co-productions, watchers might be surprised to learn that more than one-third of Hollywood’s productions are being produced abroad. Although these …

Propaganda For War & International Human Rights Standards, Evelyn Aswad

Faculty Articles

Shortly after Russia's illegal invasion of Ukraine in February 2022, the European Union (EU) began suspending Russian state-sponsored media outlets from broadcasting within the EU because they were spreading propaganda for war. The EU also required social media companies to remove user speech containing the banned broadcasts and prohibited search engines from displaying content from those outlets in search results. The EU's General Court upheld the outlets' suspension as consistent with both European human rights norms and the United Nations International Covenant on Civil and Political Rights (ICCPR), which contains a mandatory prohibition on propaganda for war in Article 20(1). …

Torts And Personhood, Melissa Mortazavi

Faculty Articles

No abstract provided.

Where Neutrality Stops And Reality Begins: Why Considering Identity Is Vital To Lead And Class Counsel Selection, Melissa Mortazavi

Faculty Articles

When courts consider a choice of class or lead counsel in multidistrict litigation ("MDL') or class action suits, they often follow the idea of a neutral partisan model. Such a model idealizes lawyer conduct as a blank conduit for client interests. In theory, lawyers should be able to bring their legal expertise absent any personal experiences, individualized identity, and morality outside of practice. But the reality is that neither lawyers nor their clients can fully divorce their identities or moral viewpoints from the legal system. This Essay argues that an identity-blind choice of class or lead counsel, grounded in a …

One Small Step On Tiktok, One (Possibly) Giant Leap For The Dance Community: How Tiktok Spearheaded A Change In The Seemingly Stagnant Field Of Copyright Law, Sydney L. Solferino

Catholic University Journal of Law and Technology

No abstract provided.

Policy Concern For Disabled Individuals With Service Dogs, Beth Carmain

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela Keet

Canadian Journal of Family Law

The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.

If More Mormons Attended University, Would Canada Be Okay With Polygamy? Unpacking Literatures Of Social Exclusion In Canada’S Continued Criminalization Of Polygamy, Maxime D. Matthew

Canadian Journal of Family Law

In 2011, the British Columbia Supreme Court (BCSC) held it was constitutional to criminalize polygamy, framing the issue as principally about harm. I argue the Reference re: Section 293 of the Criminal Code of Canada furthers a literature of social exclusion, reifying an oversimplified binary: polygamy is harmful, polyamory is moral. Using narrative theory, I explore how these mutually constituted opposites build off each other. Polygamist Mormons are often denied whiteness, seen as an unpatriotic and racialized Other. Mormon women are othered by their attire and, despite still falling under section 293, denied agency. In contrast, the court views …

A Critique Of The American Law Institute’S Draft Restatement Of The Corporate Objectiv, Stephen M. Bainbridge

The University of Chicago Business Law Review

The American Law Institute (ALI) is currently working on a Restatement of the Law of Corporate Governance (Restatement). At the ALI’s May 2022 annual meeting, the membership approved, inter alia, § 2.01, which purports to restate the objective of the corporation. Section 2.01 differentiates between what the drafters refer to as common law jurisdictions and stakeholder jurisdictions. The latter are those states that have adopted a constituency statute (a.k.a. a non-shareholder constituency statute).

The drafters assert that, in common law jurisdictions, the corporate objective is to “enhance the economic value of the corporation, within the boundaries of the law . …

Material Regulation Of Out-Of-State Production Processes As Impermissible Extraterritorial Law, Rebecca Zhu

The University of Chicago Business Law Review

A circuit split exists on whether the Supreme Court limited the Dormant Commerce Clause’s extraterritoriality doctrine to price affirmation statutes in Pharmaceutical Research & Manufacturers of America v. Walsh. This Comment argues that the Supreme Court has never drawn this limiting principle—in Walsh or otherwise—such that the Ninth Circuit incorrectly characterized Walsh in National Pork Producers Council v. Ross, and it should have held that the district court’s dependence on this reading constituted clear error in North American Meat Institute v. Becerra. Through synthesis of canonical and recent case law, this Comment proposes a new test for determining impermissible extraterritorial …

Walking The Line: The Politics Of Federalism And Environmental Change, Allan C. Hutchinson

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

This short paper looks at the Greenhouse Gas Pollution Pricing Act decision through a wider and more critical jurisprudential lens. In so doing, I demonstrate that the courts are no less political than legislatures in making decisions about who has the constitutional capacity to decide on how the challenges of climate change should be met. This is not so much a criticism of the Supreme Court of Canada, but an inevitable feature of constitutional law. After introducing the traditional and received explanation of the differences between political decision-making and judicial decision-making, I delve deeper into the Court’s opinions and show …

Robot Regulations, Henry H. Perritt Jr.

South Carolina Law Review

No abstract provided.

Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray

Law Faculty Scholarly Articles

Generative art linked to non-fungible tokens (NFTs) is an extremely popular genre of art in the NFT universe. Many of the most famous NFT projects—CryptoPunks, Bored Ape Yacht Club, World of Women, Azuki, Chromie Squiggles, Clone X, and Moonbirds, just to name a few—involve generative art. But there is a potential copyrightability problem with generative art:

Under current United States copyright law, many examples of generative art might be held to be uncopyrightable.

Why does generative art fail in the copyrightability analysis? As discussed below, it is because the work might lack a human author. And at present, the U.S. …

Delta-Late: How The Contentious And Hazy Legal Status Of Delta-8 Thc Reveals Kentucky’S Need For Federal Regulatory Guidance, Georgiana Ledford

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Horsing Around With Protecting The Horse Industry: Should California Adopt An Equine Activity Liability Act?, Kara Legg

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Peer Review In Advanced Legal Writing Course, Patricia Montana

Saint Louis University Law Journal

This Article adds to the conversation about peer review, discussing specifically the numerous benefits peer review brings to an advanced legal writing course. The Article illustrates how to effectively integrate peer review into an advanced legal writing course. Peer reviews can support student learning and improve students’ legal analysis and writing, among other things. Thus, the Article encourages law professors to experiment with peer review exercises and incorporate them into their advanced legal writing courses.

What The Judge Ate For Breakfast: Reasonable Consumer Challenges In Misleading Food Labeling Claims, Jessica Guarino, Nabilah Nathani, A. Bryan Endres

Loyola Consumer Law Review

Food, being an established aspect of global human culture and history, occupies a unique role in contemporary society. Given the massive market available for packaged and processed food, companies have taken deceptive marketing to new heights, resulting in a flurry of consumer litigation. The dominant test for -evaluating the scope of these cases is the reasonable consumer standard, an amorphous assessment which requires a probability that a majority of the general public or targeted consumers would be misled by said deceptive marketing. By analyzing state and federal consumer protection statutes, landmark cases, and elements of human and cultural psychology, the …