Digital Commons Network^™

How President Biden Can Fill The Central District Of California Bench, Carl Tobias

University of Richmond Law Review

President Joseph Biden confronts an enormous opportunity to seat highly qualified, mainstream federal judges in plenty of appeals court and district court openings which former President Donald Trump neglected to fill in his four-year term. The remarkable California trial level vacant emergency slots, particularly in the United States District Court for the Central District of California, are the United States’ worst-case scenario and consummate promise. The Central District of California tribunal had experienced as many as ten lengthy open court slots among twenty-eight posts during the Trump administration, but it encounters six vacancies today.

The Regulation Of The Ownership Of Flats By Foreigners After The Enactment Of The Job Creation Law, Made Suksma Prijandhini Devi Salain, I Dewa Gede Palguna, I Gusti Ngurah Parikesit Widiatedja

Indonesia Law Review

The presence of foreigners in Indonesia for a long period certainly requires a place to live or a residential house. According to Article 144 (1) b of Job Creation Law, foreigners have the right to own flat units in Indonesia. Is this regulation intended to attract foreign investors? If it is yes, does not it contradictory to the “kenasionalan” principle stipulated in the Basic Agrarian Law (BAL) and other Indonesian regulations? This study is aimed to deal with those legal issues, by using the normative legal method. The result shows that the ownership right of flat units given to foreigners …

The Legality Of The European Union’S Carbon Border Adjustment Mechanism And The Limitations Of World Trade Organization Rules On Effective Climate Action, Delaney Smith

Honors Theses

In July 2021, the European Union proposed the creation of a carbon border adjustment mechanism, a trade mechanism that would levy a carbon price against imported goods. This mechanism, the first of its kind, has the potential to address weaknesses in the EU’s existing domestic cap and trade system and create a financial incentive for other nations to reduce their carbon emissions. However, legal experts have raised concerns that this mechanism may violate the rules of the World Trade Organization. If another member state raises a complaint against the measure, the European Union will be forced to navigate the World …

Front Matter, Mackenzie Hobbs

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

2022 A Legal Odyssey: This Mission Is Too Importaint For Us To Allow Computers To Jeopardize It, Cameron P. Cordell

Honors Projects

The purpose of this paper is to discover if Artificial Intelligence could and should replace human jurists. By looking at the two theories that offer a way to apply the law (legal formalism and legal realism), multiple different answers to this question emerge. Looking at the corner stone of legal realism which is considered empathy, reasons as to why A.I. in the court room begin to emerge. Many studies and data were included in this study that covered a variety of topics such as A.I. experiments, legal data, and psychological emotions. In summary, the results of the research are that …

Accessibility And The University Experience: Where Does Bowling Green State University Stand?, Abigail Mcnichols

Honors Projects

Accessibility is a rather broad term, but this paper focuses specifically on accessibility issues for students with disabilities pursuing higher education. While K-12 institutions have disability legislation like IDEA, higher education is governed by several different acts which work together to create a legal minimum. This paper serves to outline what that legal minimum is, whether Bowling Green State University (BGSU) is in compliance with the minimum, and what BGSU could be doing to go beyond the minimum. Based on an analysis of the ADA, Section 504, the 2008 ADAAA, and expert legal opinion, BGSU does appear to be compliant …

Heirs Of An Administration: Unlawful Executive Actions, Jerome Perez

Catholic University Law Review

The Supreme Court of the United States in DHS v. Regents on June 18, 2020, decided to stall the Trump administration from rescinding the Deferred Action for Childhood Arrivals (DACA) policy that the Obama administration created contrary to the Administrative Procedures Act (APA)––even though in 2016 the Supreme Court affirmed a preliminary injunction on the Deferred Action for Parents of Americans (DAPA) policy, which mirrors DACA. This blunder offhandedly sacrifices the Supreme Court’s reputation as nonpartisan by enlisting itself as the future arbiter of administrative issues with self-evident resolutions and deciding contrary to those resolutions to endorse a political agenda. …

Drones, Airspace Design, And Aerial Law In States And Cities, Brent Skorup

Akron Law Review

Federal and state governments have embraced drone technology in recent years to stimulate a domestic industry for new jobs and long-distance delivery services. However, the federal-state breakdown about who manages drone airspace and surface air rights has not been resolved, which, as the Government Accountability Office recently reported to Congress, threatens the progress of the U.S. drone industry. What is clear is that landowners, whether public or private, own low-altitude airspace and air rights. This article traces the legal treatment of surface airspace as real property back to Anglo-American legal treatises and court decisions in the mid-19th century. Therefore, absent …

Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment, Paul Linden-Retek

Cleveland State Law Review

This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.

First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one another. The problem, however, is that proportionality’s proponents fail to see how it imposes a rights absolutism of its own. …

Equal Access To Donate: Plasma Donation Centers And The Ada, Lucy Richman

Cleveland State Law Review

The Americans with Disabilities Act (ADA) prohibits discrimination against disabled persons in employment, public services, and private entities operating public accommodations. Despite clear moral and social incentives for becoming disability-friendly outside of the legal mandate, many private entities have asserted that the ADA does not apply to them. In multiple cases, plasma donation centers, one particular type of entity, have strongly disputed whether they are subject to the ADA as public accommodations. The crux of these cases has hinged on whether plasma donation centers are “service establishments” under Title III of the ADA, and three such cases have reached the …

Neither Trumps Nor Interests: Rights, Pluralism, And The Recovery Of Constitutional Judgment Of Constitutional Judgment, Paul Linden-Retek

Journal Articles

A longer, unedited version of this article is available via the 'Additional Files' link at the bottom of the page.

This Article develops a novel framework for the adjudication of rights in an age of partisan and societal polarization. In so doing, it defends judicial review in a divided polity on new grounds. The Article makes two broad interventions.

First, the Article cautions against recent calls to shift rights adjudication in the United States from Dworkinian categoricalism toward proportionality analysis. Such calls correctly identify how categoricalism, by embracing the absolute nature of rights as “trumps,” pits citizens harshly against one …

Langdell And The Foundation Of Classical Contract Law, Daniel P. O’Gorman

Cleveland State Law Review

In the late nineteenth and early twentieth centuries, scholars seeking to bring order to the common law developed what has since become known as classical contract law. Its leading architects were Christopher Columbus Langdell, Oliver Wendell Holmes, Jr., and Samuel Williston, and their efforts involved seeking to provide an objective foundation for contract law. Any idea, however, that these three worked in coordination to create classical contract law would be mistaken. Holmes is considered a relentless critic of Langdell, and even Williston distanced himself from Langdell. This Article identifies in what ways Holmes and Williston differed from Langdell in their …

Transcript, Zulene Mayfield, Carol Kazeem, Kearni Warren, Kyle Powis Whyte, Ana Baptista, Jacqui Patterson, Dorcas Gilmore

Panel III: Moving Forward

No abstract provided.

5c Patent Law Session. International Patent Developments, Robin Jacob, Peter Charleton, Brian Cordery, John Richards, Heinz Goddar, Melanie Müller, Eva Ehlich, Kevin Mcgough

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

6b Copyright Law, Competition & Trademark Law Session. Copyright Protections For Publishers, Ted Shapiro, Kimberley Isbell, Danielle Coffey, Ali Sternburg, Jan Bernd Nordemann, Carlo Scollo Lavizzari

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

Kickoff Session. What Will China's Ip System Look Like In 5 Years?, He Jing, Michael-Yu Ding, Guobin Cui, Zheng Ning Ms, Yang Ming, Chi Xu

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

Pov: Why The Crown Act Is Needed, Angela Onwuachi-Willig

Shorter Faculty Works

Imagine, for one minute, that we live in an alternate universe where employer and school grooming policies that ban “unprofessional” or “faddish” hairstyles are routinely employed as a reason for firing, or refusing to hire, individuals with naturally straight hair. The normative standard for hair in this alternate universe is tightly coiled, curly hair—the kind of hair texture that actors like Denzel Washington or Issa Rae are born with, hair texture that is best suited for natural and protective hairstyles like locs, twists, braids, and Bantu knots.

3c Copyright Law & Concurrent Session. Copyright Potpourri, Ron Lazebnik, Sean M. O'Connor, Mehdi Ansari, Fiona Phillips, Nicholas Bartlet, Ann Bartow, Mitch Glazier

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

3a Copyright Law Session. Eu Copyright Developments, Stanford Mccoy, Eleonora Rosati, Ursula Feindor-Schmidt, Lauri Rechardt, Jerker Rydén, Martin Schaefer

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

A Nation Joins In Tears: Implications Of The Domestic Deployment Of Federal Troops In Portland, Oregon, Marissa Cohen, Jacqueline Stevens

North Carolina Civil Rights Law Review

No abstract provided.

Blue V. Durham Public School District And The Campaign For School Equalization In North Carolina, Donovan J. Stone

North Carolina Civil Rights Law Review

No abstract provided.

Dismounting The ‘China Initiative’ Tiger, Margaret K. Lewis

Seton Hall Law Review

No abstract provided.

China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans, Raul (Pete) Pedrozo

International Law Studies

The leading global maritime security threat today is illegal, unreported, and unregulated (IUU) fishing. Left unchecked, IUU fishing exacerbates the depletion of fish stocks, thereby contributing to global geo-political instability by increasing tension among competing distant water fishing fleets, threatening the sustainability of coastal States’ fisheries, and damaging fragile ecosystems. This article reviews the regulatory framework applicable to IUU fishing. It then discusses China’s predatory fishing practices in various regions of the world. The article then examines the principle of exclusive flag State jurisdiction on the high seas and suggests that Chinese distant water fishing vessels that change their name …

Rules Of Engagement: Copyright And Automated Gatekeepers’ Influence On Creative Expression, Michael W. Carroll

Seton Hall Law Review

No abstract provided.

How Non-Product-Specific Manufacturing Patents Block Biosimilars, Chorong Song

Duke Law Journal

A new class of drugs called biologics has potential to finally cure previously untreatable conditions such as cancer and Alzheimer’s disease. But there is a catch: these innovative drugs are expensive. On average, prices range from $10,000 to $30,000 per year, and the most expensive ones exceed $500,000. The Biologics Price Competition and Innovation Act (“BPCIA”) was passed in 2010 to lower prices by providing a new regulatory pathway in approving biosimilars––copies of brand-name biologics. Yet, the BPCIA’s promised regulation of drug prices has not materialized partly due to brand-name companies’ vast patent portfolios, also known as patent thickets. This …

Protecting A Woman’S Right To Abortion During A Public Health Crisis, San Juanita Gonzalez

The Scholar: St. Mary's Law Review on Race and Social Justice

As COVID-19 infected our nation, states were quick to issue executive orders restricting various aspects of daily life under the pretense of public safety. It was clear at the outset that certain civil liberties were going to be tested. Among them, the constitutional right to an abortion.

This comment explores Texas’ response to the COVID-19 pandemic and the limitations it imposed on abortion access. It will attempt to address the legitimacy of the “public health concerns” listed in executive orders issued throughout numerous states and will discuss the pertinent legal framework and judicial scrutiny to apply.

According to the Fifth …

Escape Room: Implicit Takings After Cedar Point Nursery, Lee Anne Fennell

Duke Journal of Constitutional Law & Public Policy

In Cedar Point Nursery v. Hassid, the Supreme Court ruled 6-3 that a California regulation that gave union organizers limited access to agricultural worksites amounted to a per se taking. The Court went on to opine that any governmental grant of physical access, no matter how time-limited or functionally constrained, similarly works a per se taking, unless one of the Court’s exceptions applies. This essay argues that Cedar Point is best understood as part of an implicit takings apparatus designed to selectively apply scrutiny to property-facing governmental acts in ways that broadly entrench status quo patterns of property wealth. …

Paving The Way For Mindreading: Re-Interpreting "Coercion" In Article 17 Of The Third Geneva Convention, John Zarrilli

Duke Journal of Constitutional Law & Public Policy

No abstract provided.

The International Law Of Colonialism In East Africa: Germany, England, And The Doctrine Of Discovery, Robert J. Miller, Olivia Stitz

Duke Journal of Comparative & International Law

The non-European, non-Christian world was colonized under international law that is known today as the Doctrine of Discovery. This common-law international Doctrine was codified into European international law at the Berlin Conference of 1884–85 and in the Berlin Act of 1885 specifically to partition and colonize Africa. Thirteen European countries and the United States attended the four-month Conference, which ended with thirteen countries signing the Berlin Act on February 26, 1885. Under the Discovery Doctrine and the Berlin Act, these European countries claimed superior rights over African nations and Indigenous Peoples. European explorers planted crosses, signed hundreds of treaties, and …

Reframing Technology-Facilitated Gender-Based Violence At The Intersections Of Law & Society, Jane S. Bailey, Carys Craig, Suzie Dunn, Sonia Lawrence

Articles & Book Chapters

This special issue of the Canadian Journal of Law and Technology focuses on the growing problem of technology-facilitated gender-based violence (TFGBV): an expansive, dynamic, and rapidly evolving phenomenon that Jane Bailey and Carissima Mathen have defined as “a spectrum of behaviours carried out at least in some part through digital communications technologies, including actions that cause physical or psychological harm.” The collection of articles in this issue offers multi-disciplinary insights on TFGBV by bringing together the work of emerging scholars in information and media studies, communications, and law. This approach reflects our firm belief that in order to be meaningful …