Digital Commons Network^™

Redefining Progress And The Case For Diversity In Innovation And Inventing, Colleen Chien

Faculty Publications

In the United States, women represent 50% of the workforce, but only 27% of STEM workers and 13% of inventors. This article surveys the scientific literature to make the empirical case for diversity in innovation and inventing, finding a growing body of research to show how diverse innovators expand the reach, quality, and quantity of innovation. It then surveys the history of patent law to make the legal case for prioritizing diversity in inventing, and for expanding conventional notions of “progress” in the patent system to include the promotion of a diverse set of innovators, rather than just innovation. It …

A Reflection Of Canadian Society? An Analysis Of Federal Appointments To Provincial Superior Courts By The Liberal Government Of Justin Trudeau, Erin Crandall

Dalhousie Law Journal

Recent reforms to Canada’s system of federal judicial appointments have sought to make the process more transparent and better able to produce a bench reflective of the society it serves. This paper reviews these reforms and using judicial appointment data (2016–2020), considers whether the Liberal government has met these objectives. The relationship between official bilingualism and representation on the bench is also considered. The paper finds that “diversity” on Canada’s federally appointed provincial courts remains unbalanced. While women have made up the majority of appointments since the Trudeau Liberals formed government in 2015, other equity-deserving groups, like people of colour …

A Model Path For Decriminalizing Simple Possession Of All Drugs, Ashley Mastro

DePaul Law Review

No abstract provided.

The United States-Mexico-Canada Agreement: How Nafta 2.0 Represents A New Era In North American Trade, David Evans

DePaul Law Review

No abstract provided.

Foreword: Two Americas, Doriane Lambelet Coleman

Law and Contemporary Problems

No abstract provided.

A Collective Rights Society For The Digital Age, John Maloney

Indian Journal of Law and Technology

Variations in digital copyright law in the international sphere have created unnecessary transaction costs to both consumers and producers who wish to transfer digital media efficiently. This article argues that the international community should create a collective rights organisation to bring uniformity, fairness, and efficiency to the process of transferring digital media and endeavours to construct the ideal model for such a collective rights organisation by describing a hypothetical collective rights organisation named PICRO (Possible International Collective Rights Organisation) and examining its operation using the example of digital music distribution. By illustrating the PICRO model in the light of current …

Maternal Figures Or Aggressors: Controlling Images In Newspaper Constructions Of Police Violence Against Black Women And Men, Ashley Hollingshead

Qualitative Criminology (QC)

"In the last decade, media coverage of state-sanctioned police violence against Black women and men re-emerged. Despite campaigns that expose how Black women and men become victims of police violence, Black men’s fatalities gain more traction, garnering national outrage and calls for police reform, policy reform, and criminal justice reform (Crenshaw & Ritchie, 2015). I conduct a content analysis of 76 newspaper articles covering 24 cases of Black women and men from 2016 to determine how newspapers construct narratives of Black women and state-sanctioned violence in comparison to Black men. Newspaper articles reflect and construct differing narratives on Black women’s …

The Conundrum Of ‘Relevant Market’: Market Definition In India’S Complex Tv Distribution Business, Vibodh Parthasarathi

Indian Journal of Law and Technology

The universal problematic of market definition poses peculiar challenges in multi-lingual and fragmented media markets, like in India. This article engages with this problematic by taking up the case of the TV distribution market in India. Here, the rapidly expanding TV distribution business consists of two segments. The larger, wired Cable distribution segment, driven by over 1,000 large cable companies and over 50,000 last mile operators, accounts for 70 percent market share, or around 100 million TV homes. The rest 30 percent is occupied by the wireless segment, comprising 6 Direct to Home TV distributors. Amidst the heightened expansion of …

Competition Law Limits On Ride Sharing Enterprises – Taking Into Account The Experience In India, Max Huffman

Indian Journal of Law and Technology

New economy competition policy is on the forefront of enforcers’ minds across the globe, with numerous competition agencies engaged in competition advocacy efforts regarding the sharing economy generally or ride sharing specifically. In a sharing economy firm, extra-firm contracting may be as efficient as that occurring intra-firm. By reducing search and transaction costs, the sharing economy enables transactions that could not occur in a pre-internet economy. The sharing economy grew strongly in developed economies, all of which were burdened with legacy permitting systems such as taxicab medallions or zoning regulations and other oversight limiting public lodging. The promise in economies …

A Quantitative Research Study On Probability Risk Assessments In Critical Infrastructure And Homeland Security, Alfred B. Lee

Doctoral Dissertations and Projects

This dissertation encompassed quantitative research on probabilistic risk assessment (PRA) elements in homeland security and the impact on critical infrastructure and key resources. There are 16 crucial infrastructure sectors in homeland security that represent assets, system networks, virtual and physical environments, roads and bridges, transportation, and air travel. The design included the Bayes theorem, a process used in PRAs when determining potential or probable events, causes, outcomes, and risks. The goal is to mitigate the effects of domestic terrorism and natural and man-made disasters, respond to events related to critical infrastructure that can impact the United States, and help protect …

Municipalities Could Provide Valuable Second-Life Uses Of Electric Vehicle Li-Ion Batteries While Legislators And Manufacturers Refine Safe Recycling And Disposal Practices, Heather D. Stewart

Environmental and Earth Law Journal (EELJ)

As consumers are embracing emerging electric vehicles (EVs) as an important step to take in combating climate change, the reality is that the EV solution has some serious short-term issues to address, especially when evaluating the lithium-ion batteries (LIBs) that power most EVs. This comment first discusses the potential problems associated with the lack of recycling and disposal technology as well as regulations that are available for EV LIBs. Even though consumers and regulators alike are supportive that fossil fuel-burning internal combustion engines need to be replaced with cleaner transportation options such as EVs, policies, and proclamations are still subject …

Multiple Prosecution: Federalism Vs. Individual Rights, Earl M. Barker Jr., Donald J. Hall

Florida Law Review

No abstract provided.

Essays In Legal History In Honor Of Felix Frankfurter (Ed. Morris D. Forkosch, 1956), R. J. Farley

Florida Law Review

No abstract provided.

Municipal Corporations: Extraterritorial Powers Without Voting Rights – Equal Protection Considerations?, Christine A. Bay

Florida Law Review

No abstract provided.

Improved Definition Of Discovery Relevance: A Path Out Of The Antitrust Procedural Quagmire, John G. Despriet

Florida Law Review

No abstract provided.

Constitutional Law: State Aid To Parochial Schools – Excessive Entanglement Revisited, Charles Guy Batsel

Florida Law Review

No abstract provided.

New Attitudes About Legal Protection For The Remains Of Florida's Natural Environment, Joseph W. Little

Florida Law Review

No abstract provided.

Selected Antitrust Problems Of The Franchisor: Exclusive Arrangements, Territorial Restrictions, And Franchise Termination, Philip W. Dann, Thomas B. Hyman Jr.

Florida Law Review

No abstract provided.

The Influence Of American Industrial Development On Brazilian Labor Law, Mozart Victor Russomano

Florida Law Review

No abstract provided.

Using International Human Rights Law To Address Hunger In The U.S., R. Denisse CóRdova Montes

The Business, Entrepreneurship & Tax Law Review

International human rights law recognizes a right to adequate food. The International Covenant on Economic, Social and Cultural Rights (“ICESCR”) upholds “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, and housing, and to the continuous improvement of living conditions.” The right is further enumerated in international law through additional conventions and standards and is continuously being interpreted and analyzed by United Nations (“U.N.”) expert bodies. The United States (“U.S.”), though a signatory to several international human rights conventions, including the ICESCR, has not ratified any convention that would make …

Legal Implications Of A Ubiquitous Metaverse And A Web3 Future, Jon M. Garon

Marquette Law Review

The metaverse is understood to be an immersive virtual world serving as the locus for all forms of work, education, and entertainment experiences. Depicted in books, movies, and games, the metaverse has the potential not just to supplement real-world experiences but to substantially supplant them. This Article explores the rapid emergence and evolution of the Web3 technologies at the heart of the metaverse movement. Web3 itself is a paradigmatic shift in internet commerce.

Brigham-Kanner Property Rights Journal, Volume 11, William & Mary Law School

Brigham-Kanner Property Rights Journal

The Role of Empirical Research

September 30-October 1, 2021

Panel 1: The Role of Empirical Research in Defining the Scope of Constitutionally Protected Property Rights: A Tribute to Been

Panel 2: The Relationship Between Eminent Domain and Social and Racial Injustice

Panel 3: The Interdependence of Property and First Amendment Rights

Panel 4: The Distributional Implications of Land Use Regulation

Cultural Resources, Conquest, And Courts: How State Court Approaches To Statutory Interpretation Diminish Indigenous Cultural Resources Protections In California, Hawai‘I, And Washington, Lauren Ashley Week

Michigan Journal of Environmental & Administrative Law

Critical Race Theory identifies two of the United States’ original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and acknowledgement also permeates the federal courts—an issue extensively documented by Critical Race Theory and federal Indian law academics. Yet, limited scholarship has interrogated if and how state judicial systems may parallel the failures of federal benches. This Note examines the “hidden,” yet enduring impact of conquest by applying …

The Public Right To Education, Matthew Patrick Shaw

University of Chicago Law Review

Public education is “the most important function of state and local government” and yet not a “fundamental right or liberty.” This Article engages one of constitutional law’s most intractable problems by introducing “the public right to education” as a doctrinal pathway to a constitutional right to education process in three steps. First, it identifies that the otherwise right-to-education foreclosing case, San Antonio Independent School District v. Rodriguez, only contemplated education as a fundamental right or liberty interest. Second, by identifying public education as a due process–protected property interest, this Article presents a viable pathway for circumventing Rodriguez. Third, mindful of …

Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott

Articles & Book Chapters

Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …

Taxing Risky Development: A New Tool For Increasing Coastal Resilience, James Daher

Michigan Journal of Environmental & Administrative Law

Coastal overdevelopment in the United States is a persistent issue. Climate change continues to increase the risk of flooding and other damage from natural disasters facing many coastal communities. Yet, development in some of the most at-risk areas has not slowed. Policies at the federal government level have encouraged such development by shifting costs of flood-related property damage from the property owner to taxpayers. At the same time, government actors at all levels are actively trying to protect their coastlines through coastal resilience projects. However, there are not enough funds to protect coastal property, especially at the state and local …

No Warning Necessary: Why The Invalidation Of A Warn Act Exception Spells Disaster For Employees, Devin W. Burdo

Hofstra Labor & Employment Law Journal

No abstract provided.

The Polar Silk Road And The Future Governance Of Northern Sea Route, Nengye Liu, Jan Jakub Solski

Research Collection Yong Pung How School Of Law

This article examines China’s Polar Silk Road (PSR) and its legal implications for the future governance of the Northern Sea Route (NSR). It first discusses China’s economic and geopolitical interests in the so-called Polar Silk Road. The article then focuses on comparing Russian regulation of the NSR and Chinese regulation of foreign vessels as a coastal state. Both China and Russia are contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS). The comparison of domestic legislations aims to provide a detailed analysis on convergence and divergence of their implementation and enforcement of the UNCLOS on …

A Brown Buffalo’S Observations On Color (Blindness), Legal History, And Racial Justice In The Rocky Mountain West, Tom I. Romero Ii

Utah Law Review

This Essay is a series of observations about interrogating and complicating the meaning of color for all of us who call the Rocky Mountain West home. These observations are divided into three sections. First, in Part II, I explore what has long been the defining feature of race relations in the Rocky Mountain West—the persistent tension between the region as a racial utopia free from de jure racial inequities and the legacy of state-sanctioned racial violence and deep-rooted nurturing of White supremacy. Trekking through some of the legalscapes of property, state constitutional, civil rights, and martial law, this section spotlights …

Flint, Michigan Drinking Water Crisis, J. David Aiken

Cornhusker Economics

Briefly covers the Flint, Michigan drinking water crisis including providing some background, a timeline of events, and key takeaways from the perspective of public policy.

This article was originally prepared for distribution to students in Aiken's AECN 357 environmental and natural resources law course.