Digital Commons Network^™

You Are What You Eat: Using Trademark Law To Address Consumer Confusion In Food Labeling, Brooke Raniere

Journal of Intellectual Property Law

America is experiencing a health crisis. Our grocery store promulgates illusions of endless food choices; however, this abundance is sustained by only a handful of dominating food conglomerates. With the increased centralization of power in the food supply system, foods have generally become ultra-processed and unhealthier. Companies often use strategic marketing through packaging design, labeling, and food names to capture additional consumers through health claims that often do not reflect these foods' contents. As American citizens' average health continues to decline, large food conglomerates have increasingly pushed the boundaries of what they can claim, creating vast confusion and mislabeling in …

Paws Off My Image: Why Rights Of Publicity Should Be Expanded, Lauren Didelot

Journal of Intellectual Property Law

In our increasingly digital world, exposure to fame and fortune has become more accessible than ever, and many pet owners have taken advantage of this. The rise of “petfluencers” has called into question the extent of available rights of these celebrity animals’ owners to protect and maintain their pet’s commercial value, thus preventing instances of unfair enrichment from other’s exploitation of their beloved animals. This Note argues for the acceptance of an animal’s right of publicity. We begin with an exploration of the right of publicity itself and its current applications. Next, we will discuss the intellectual property rights currently …

You Wanted The Best? You Got The Best! If You Can Pay For It... Antitrust Considerations And Artist-Based Solutions For Lower Concert Ticket Prices, Jake Farbman

Journal of Intellectual Property Law

The live music industry has become increasingly inaccessible to fans as ticket prices continue to rise under the dominance of Live Nation Entertainment and Ticketmaster. Since their controversial 2010 merger, the two companies have consolidated control over both the primary and secondary ticketing markets, fostering anticompetitive practices that allegedly include exclusive venue agreements, coercive bundling of promotion and ticketing services, and dynamic pricing schemes. These practices have drawn widespread scrutiny from lawmakers, regulators, artists, and consumers alike, culminating in the Department of Justice’s 2024 antitrust lawsuit seeking to break up the conglomerate.

This Article traces the historical development of the …

Controlling Private Economic Power: Lessons Learned From The Us Experience In The First Decades Of The 20th Century, Thierry Kirat, Frédéric Marty

Yearbook of Antitrust and Regulatory Studies

Concerns related to Big Techs have led to a proliferation of legislative initiatives to complete competition rules with regulatory devices that would lead gatekeepers to be subject to obligations to preserve an equality of opportunities on the market. Within this context, this contribution revisits American decision-making practice from the end of the 19th century and the beginning of the 20th century to show how regulatory-type interventions and the enforcement of competition rules have been activated to control the strategies of firms acting as gatekeepers. What we can learn from this experience is that a big firm having private regulatory power …

Wmu Maritime Affairs Conference 2025 : Transforming A Maritime Future : Digitalization And Decarbonization, World Maritime University

Books

No abstract provided.

Legal Realism, Legal Positivism, And Determinacy, Dan Priel

All Papers

It is a commonplace that the legal realists argued that law is deeply indeterminate. According to this familiar account, the legal realists insisted that legal materials don’t constrain judges, who are therefore free to decide cases in almost any way they want. An influential argument has argued that the only way to explain this view is by showing that the legal realists presupposed a legal positivist theory of law. This Essay offers a different understanding of the relationship between realism, positivism, and determinacy, challenging this interpretation of the realists as both historically false and as philosophically unwarranted. I provide many …

Bernard Parks, Jr. V. Kelly King, Order On Motion To Dismiss Appeal, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Two Wrongs Don't Make A Right: The Fourth Circuit Sidesteps Supreme Court Precedent In Upholding An Assault Weapon Ban In Bianchi V. Brown, Gabriella Mudd

Villanova Law Review (1956 - )

No abstract provided.

Overriding Overtime In Decentralized Work, Arianne Renan Barzilay

Villanova Law Review (1956 - )

No abstract provided.

Stewart V. Nev. Bd. Parole Comm’Rs, 123 Nev. Adv. Op. 45 (Sep 25, 2025)., Bowen Fuller

Nevada Supreme Court Summaries

In Stewart v. Board, the Nevada Supreme Court clarified that the presumption of vindictiveness articulated in North Carolina v. Pearce (1969) applies to the Parole Board in the same way it applies to any tribunal.

Chacahoula 2025, Volume 92, Alayna Pellegrin

Chacahoula

The 2025 issue of Chacahoula includes December 2024 and May 2025 graduating classes, as well as stunning photography student life on the banks of Bayou Desiard. With features covering students, faculty, and staff, this year's time capsule preserves an academic year in the life of the University of Louisiana at Monroe.

The Section 32(1) Analysis: Clarifying Eldridge In Light Of York Region District School Board, Kate Glover Berger

All Papers

The Eldridge framework, a stable feature of Canadian Charter jurisprudence for decades, sets out part of the framework for determining when entities or activities qualify as “government” under section 32(1), the Charter’s application section. In light of this stability, the Supreme Court of Canada’s analysis of the section 32(1) issue in York Region District School Board v Elementary Teachers Federation of Ontario was surprising. It raised the question: Why did the Court in York Region deviate from well-settled law on the Eldridge framework and, in the process, seemingly change the framework’s thresholds? This question arises because the Court in …

Book Review: Untaxed: The Rich, The Irs,And A New Approach To Tax Compliance, Leslie Book

Faculty Publications

No abstract provided.

Beyond Personal Responsibility: Government Support For The Substantive Human Condition, Martha T. Mccluskey

Contributions to Books

Government protection against systemic harm to human well-being is stymied by the liberal idea that power is most legitimately wielded by autonomous individuals taking personal responsibility for their substantive well-being. Instead, a robust vision of democracy and socioeconomic justice requires grounding legitimate power in institutional responsibility, replacing the formal individual actor of liberal theory with the universally embodied, embedded human subject developed in Martha Fineman’s Vulnerability Theory. This chapter connects the message of personal responsibility in neoliberal US welfare reform policies to rationales defending the government’s failure to alleviate systemic human harm in the 2008 financial crisis and the accelerating …

Introduction To Roots Of Justice: A History Of Race And Racism In Nebraska, M. Dewayne Mays, Paul Olson

Truth and Reconciliation History Project

Nebraska has made racism a way of life through most of its history. It is still the way of life for many. In 2020, a Nebraska columnist wrote the following about Nebraska: “[T]he issues stemming from racism can seem like foreign concepts, confined to the larger cities (or the American South) and relics of a distant past.”2 The column goes on to show that these issues were not confined to large cities or to the South; they rested on our back door in Nebraska. Yet, one often heard back as far as one could remember that Nebraska is not and …

Review Of: Christianity And Human Rights Reconsidered, John Ashworth

The Journal of Social Encounters

No abstract provided.

Managing Mdls: A Report From The March 2025 Mdl Case Management Convening At Stanford Law School, Nora Freeman Engstrom, Owen Foulkes, Brianne Holland-Sergar

Faculty Journal Articles & Other Writings

Multidistrict litigation (MDL) has quietly become the defining feature of the federal civil docket, now accounting for the majority of all pending cases. Yet the judges tasked with steering these sprawling matters confront an almost impossible assignment: They must manage hundreds of thousands of claims, often with skeletal staffs, little binding guidance, and enormous pressure to deliver both efficiency and justice. This report—produced out of a March 2025 convening sponsored by the Rhode Center at Stanford Law School—confronts that reality head-on. Drawing on candid discussions among leading judges, practitioners, and scholars, it dives into four central tensions that shape MDL …

Interpreting The Supreme Court: Finding Meaning In The Justices' Personal Experiences, Amy Howe

Florida Law Review

At his 2004 confirmation hearing, Chief Justice John G. Roberts Jr. famously compared the role of a Supreme Court Justice to that of a baseball umpire and promised “to remember that it’s my job to call balls and strikes.” Roberts likely intended this to mean that he would serve as a neutral arbiter of the law, who simply applies the existing rules to reach the correct outcome. But in judging, as in baseball, that is not as easy as it sounds, especially when one of the primary criteria on which the Court relies to choose its cases is whether the …

“It’S Just Rap”: Why Texas Courts Must Presume Rap Lyrics Inadmissible As Evidence In Criminal Trials, Sydney Ramirez

St. Mary's Law Journal

No abstract provided.

2025 Supreme Court Preview Digital Notebook, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

From Feedback Loops To Feedback Literacy: Using The Feedback Literate Professor’S Toolkit To Maximize Students’ Academic And Professional Success, Jennifer E. Spreng

St. Mary's Law Journal

No abstract provided.

Profiting From Disaster: How Rising Climate Risk Is Reducing Insurance Coverage And Paving The Way For Predatory Lending, Samuel Tunnell

St. Mary's Law Journal

No abstract provided.

The Militia Ii: Armed Self-Defense, The Second Amendment, And The Citizen, Marcus Armstrong

St. Mary's Law Journal

No abstract provided.

Becker Cpa Review Questions

The Contemporary Tax Journal

No abstract provided.

Facebook Decision Enables Irs To Seek - Cwi Enforcement Against Meta, Stephen L. Curtis, Reuven S. Avi-Yonah, David G. Chamberlain

Law & Economics Working Papers

In this report, the authors explain how the Tax Court's recent decision in the Facebook transfer pricing case - although widely viewed as a victory for the taxpayer, Meta Platforms Inc.- could instead be a Pyrrhic victory because it enables the IRS to pursue a potentially substantial periodic adjustment against the company. The views expressed in this report are solely the authors' and do not necessarily reflect those of any other person or institution.

Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede

St. Mary's Law Journal

No abstract provided.

Empathy By Design: Rethinking Law School Engagement For Critical Thinking In The Age Of Artificial Intelligence, Jon M. Garon

St. Mary's Law Journal

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

St. Mary's Law Journal

No abstract provided.

Illegal Corporate Cultures, Elise Bernlohr Maizel

Duke Law Journal

Culture is a powerful force in corporate compliance. Corporate culture shapes how employees behave, dictating whether, when, and how they follow the law. Cases arising out of cultural failures often involve public harm—plane crashes, poisoned rivers, tainted cancer drugs, and collapsed mines. Before these awful outcomes, however, the corporations that caused these harms fostered cultures that permitted the disregard of legal commands and public commitments. Managers disparaged safety regulations. Messages about profits and production drowned out messages about compliance and safety. Yet, there is a gap between all we know about the power of culture and our understanding of corporate …

Two Truths And A Lie: A Proposal To Suppress The Risks Of Child Testimony, Avery Garrett

St. Mary's Law Journal

No abstract provided.