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Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

Some Thoughts About Free Speech And Hostile Environment Discrimination On College Campuses, Mark Tushnet

Journal of Civil Rights and Economic Development

(Excerpt)

Section I examines which kinds of utterances may be considered in determining whether a hostile environment exists, and how those utterances may be taken into account. After distinguishing between targeted utterances directed at an identifiable individual and general statements that disparage a racial or nation-origin group, this Section focuses on targeted utterances.

Section II then turns to general statements, typically of a more clearly political sort. After describing the quite limited nature under which individuals can be held liable for general statements, the Section argues that such statements can be part of the “dossier” relevant to hostile environment discrimination, …

Free Speech, The University, And The Wrong Turn In The Road, Donald Downs

Journal of Civil Rights and Economic Development

(Excerpt)

I introduce this Article by examining the present state of campus free speech policy and politics. I pose questions raised by the demonstrations that erupted in the wake of the war between Israeli and Iranian proxies on October 7, 2023. I then present a skeletal model of the liberal university, followed by a discussion of how illiberal forms of free speech logic have influenced and shaped thinking in higher education and elsewhere since the 1960s. I conclude with a critique of higher education’s turn turning away from a liberal model of discourse.

Icymi (In Case You Missed It): Moody V. Netchoice, Llc And First Amendment Protections For Social Media Platform Expression, Eric T. Kasper

Tulsa Law Review

No abstract provided.

Understanding “Truth Of The Matter Asserted”, Frank Rosenblatt

Journal Articles

Many people struggle to understand hearsay. It’s not their fault. The hearsay definition is confusing and unhelpful, especially its final phrase: that hearsay is an out-of-court statement1 offered to prove “the truth of the matter asserted” in the statement.2 What does “truth of the matter asserted” mean? The definition’s plain language isn’t much help. This paper shares the basic example that I have found to be most effective in my law school evidence classes to diagnose hearsay.

Law School News: From Textbooks To Truth: A Civil Rights Journey 3-23-2026, Naomi Zhang

Life of the Law School (1993- )

No abstract provided.

Bauer V. Beamon: Clothing Equitable Rescission’S Flexible Nature In A Rigid Straitjacket, Hunter Canfield

Arkansas Law Notes

Fraudulent deals, shady contracts, and questionable transactions occur daily. But when the truth is not disclosed and deceit seeps into the heart of a transaction, is there recourse for those affected? Historically, courts of equity have provided remedies where legal relief often fails. For instance, consider a home buyer who, after closing, discovers previously undisclosed toxic mold or structural defects that compromise the property’s habitability. Monetary damages alone may not truly restore the home buyer—especially if the property’s condition is so severe that the buyer would never have purchased the home had the truth been disclosed. In precisely these situations, …

Facing The Constitution: How Facial Recognition Technology Threatens Fourth Amendment Protections And Deepens Racial Inequality, Bailey Mandell

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

It is very unlikely you have ever consented to a police lineup. Yet if you have a driver’s license or a social media account, you may already be in one. A new kind of digital lineup has emerged, one that never ends and requires neither your knowledge nor consent. Facial recognition technology (“FRT”)is a biometric identification method that creates a digital template of a person’s face using measurements such as the distance between the eyes, the width of the nose, the length of the jawline, and the shape of the cheekbones. Algorithms then compare that template either to a second …

The Supreme Court's Goldilocks: Why The Major Questions Doctrine Is The Ideal Compromise Between Two Unattractive Extremes, Bradley P. Simpson

Kentucky Law Journal

No abstract provided.

Congress's Mistaken Ip Power And Our Hybrid Constitutionalism, Barry P. Mcdonald

Kentucky Law Journal

No abstract provided.

A Tale Of Two Landlords, Christopher J. Ryan Jr.

Kentucky Law Journal

No abstract provided.

The Case For Lgbtq+ Adoption Rights In The Post-Roe Era, Tate Craft

Kentucky Law Journal

No abstract provided.

Domestic Guestworkers: A Call To End The H-2b Program And Empower American Workers, Preston Huennekens

Kentucky Law Journal

No abstract provided.

Impeachment Can Be Based On Non-Criminal Misconduct: Corpus-Linguistic And Historical Evidence, Clark D. Cunningham, Ute Römer-Barron

Kentucky Law Journal

No abstract provided.

Party Over Country: The Inability For Congress To Check The Executive, Jordin A. Dickerson

Kentucky Law Journal

No abstract provided.

Executive Immunity, Corruption, And The Rule Of Law: Death By A Thousand Cuts, Kimberly Breedon

Kentucky Law Journal

No abstract provided.

The Removal Responsibility, Kevin Frazier

Kentucky Law Journal

No abstract provided.

Somebody's Watching Me: Modern Abusers Use Modern Methods Of Control, Savannah Molyneaux

Kentucky Law Journal

No abstract provided.

Happy Belated Iep: How A Notice Of Procedural Safeguards Fails Children With Specific Learning Disabilities, Chrystal Clodomir

Kentucky Law Journal

No abstract provided.

Decolonizing The Law Of The U.S. Virgin Islands, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Building Jerusalem: Commercial Law And Ethics Of The Benefit Corporation, Jeff Lingwall, Susan Park

Kentucky Law Journal

No abstract provided.

Reaching For Starz: The Negative Impact Of Creating Limitations On Damages In Timely Copyright Claims, Lindley Williams

Kentucky Law Journal

No abstract provided.

Restricting Academic Dishonesty At A Japanese University, Joel Weinberg

Japanese Society and Culture

This research explores three approaches to handling academic dishonesty: punitive, preventive, and positive. First, the history of cheating and the punitive approach is briefly discussed. Next, research results of a preventive approach that was used at a Japanese university are given. During this research, three surveys were conducted to gauge students’ opinions about cheating, to account for the methods, and to measure the prevalence of cheating on post-reading quizzes. The survey results show that at least eleven types of cheating on post-reading quizzes were used and that non-cheating students were concerned about this issue. As a result of the surveys, …

Healthcare Decision-Making In An Ageing Society: Legal, Policy, And Ethical Challenges In Japan, Yukio Sakurai

Japanese Society and Culture

This paper examines the evolving landscape of healthcare decision-making in Japan’s rapidly ageing society, with a focus on the legal, policy, and ethical challenges it entails. It analyzes the limitations of the adult guardianship system, the risks associated with family-dependent decision-making, and the underutilization of advance care planning (ACP). The study further considers how demographic shifts, advances in medical technology, and socio-legal inertia affect end-of-life care, particularly for individuals with diminished capacity. A central theme is the inherent ethical dilemma in balancing individual autonomy with Japan's cultural context, where explicit self-assertion can be challenging, especially for older adults. Cultural dimensions …

Institutional Transitions In The Employment Of Foreign Workers In Japan’S Agriculture And Food Manufacturing: From Technical Intern Training To Employment For Skill Development And Specified Skilled Worker In Comparison With The Uk, Tomoyuki Kuwaharada

Japanese Society and Culture

This paper investigates the institutional transition in Japan’s acceptance of foreign workers in the agriculture and food manufacturing sectors, focusing on the restructuring of entry-stage training schemes and their linkage to skill-based employment. In particular, it traces the shift from the Technical Intern Training Programme (TITP) to the Employment for Skill Development (ESD) Programme as the primary entry route, and examines how these institutional changes are embedded within the Specified Skilled Worker (SSW) framework.

Drawing upon official statistics from 2012 to 2024 and sector-specific case studies, the analysis demonstrates that the introduction of the SSW status in 2019 marked a …

Freedom Of Expression And The Right To Protection Against Defamation: Cf. Handling Of The Libel Of The Criminal Law And The Libel Of The Civil Law, Masumi Shizawa

Japanese Society and Culture

This study reviews natures of the Constitution, Civil Code, and Criminal Code of Japan in terms of the right to protection against defamation, and explores the foundations thereof. The point of it is to clarify the nature of the right to protection against defamation as indicated in the Constitution. 　The right to protection against defamation, along with the right to privacy, has long been recognized as a personal right. While the right to privacy relates to the private domain, the right to protection against defamation relates to one’s social reputation. The Constitution of Japan does not clearly stipulate the right …

A Consideration Of Food In A Diversity Society, Masayo Morofushi

Japanese Society and Culture

In recent years, the number of foreign visitors such as tourists and businesspeople, and the number of foreign residents such as workers and international students, have been steadily increasing in Japan. However, the decrease in the number of foreign residents in Japan is relatively small compared to the number of foreign visitors to Japan, due to travel restrictions during the COVID-19 pandemic. Regarding restaurants, Japan has experienced diversity, progress, and cross-cultural understanding; however, these changes have been stagnant due to a decrease in the number of foreign visitors to Japan during the pandemic. Many natural disasters have recently occurred, and …

Exploring The Definition Of Child Poverty : For Consideration Of Legal Policy, Kazuko Ikeya, Fumie Adachi, Kazutoshi Imade

Japanese Society and Culture

We explore the definition of child poverty for consideration of legal policy.

Survey of the actual situation in local governments and private organizations concerning child poverty.

① Some parents don’t know how to prioritize their spending, and there are cases where parents don’t provide for their children.

② This cannot be addressed only with financial investment.

It is inappropriate to define child poverty only by low household income. It should also be

defined as whether children are being provided for through their development.