Digital Commons Network^™

Problems Of Obligation To Use Indonesian As Trademarks Against International Principles Concerning Words As Mark, Hosiana Daniel Adrian Gultom, Agus Sardjono, Henry Soelistyo Budi, Untung Yuwono

Indonesian Journal of International Law

The Paris Convention and Trademark Law Treaty (TLT) have emphasized the importance of distinctive characteristics of words as marks. The TRIPs have stated that trademarks are signs with distinguishing power and one of the elements are words. There are two doctrines related to the distinguishing power of words, namely the likelihood of confusion and dilution. There are also eight categories of words as trademarks with distinctive power that are recognized internationally. Indonesian trademark law has regulated distinctive characteristics of wordmarks in relation to words that cannot be registered as trademarks and words whose application for registration has been rejected. This …

Fine-Tuning Llms: Structural Fluency And Augmentation For The Great And Powerful Wizard Of Ai, Verónica C. Gonzales

Duke Law & Technology Review

The civil legal tradition carries assumptions, biases, and attitudes rooted in racism and ideologies intended to protect the (im)balance of power. This moment in history offers new versions of the same challenges with the integration of artificial intelligence (“AI”) and large language models (“LLMs”) into legal frameworks, and those critiques are being addressed in the legal discourse. Building on these perspectives, this moment also offers civil legal professionals a chance to engage in machine learning frameworks informed by social justice principles and accountable to measures of “equal justice for all.” The perception of fairness in the use of these tools …

“Sportswashing” As A National Security Concern: The Role Of The Committee On Foreign Investment In The United States (Cfius), Luke Bianco

University of Chicago Legal Forum

Throughout United States history, foreign investment has played a key role in stimulating the national economy and supporting domestic businesses. But foreign investment can also imperil national security, such as by enabling an adversary to enhance its own ‘hard power’ capabilities at the expense of our own. The Committee on Foreign Investment in the United States (CFIUS) was created to combat such threats, flagging and preventing deleterious investment when it might pose a national security threat. Today, CFIUS operates pursuant to a flexible statutory scheme. And increasingly, in response to an evolving threat landscape, CFIUS has utilized that broad authority …

Congressional Tribal Trust Responsibility And The Opioid Mdl: A Call To Finish The Work The Judiciary Was Forced To Undertake, Curtis E. Osceola Esq.

University of Miami Law Review

Congressional inaction has forced Native American Tribes to utilize the judiciary as a last resort to obtain relief from the crippling effects of the opioid epidemic. Tribes have received inadequate funding from settlements to abate the widespread use of prescription opiates on and around their lands of concern. Hundreds of mass tort lawyers have been navigating the In re National Prescription Opiate Litigation (MDL 2804)—one of the largest and most valuable litigation pools in the history of the Republic—in an effort to provide relief for cities and counties, individuals, consumers, hospitals, third-party payors, and federally recognized Tribes. Based on …

Reckless Speech In The Shadow Of The Constitution, Andrew Jensen Kerr

Seton Hall Law Review

No abstract provided.

Partisan Judges, Steve Leben

Arkansas Law Review

This article argues that both Republicans and Democrats should look for judges who have intellectual humility and an ability to work with others—even as both parties also look for judges who are generally likely to advance positions favored by them. Part I explores the divergence between the public’s perception that the political views of judges matter and the insistence by most judges that they do not. Ample evidence supports the public’s view, and for judges to be trusted authorities, they should admit this truth. Part II suggests that even after recognizing that political views matter, both political parties (and others …

Ensnared By Custom: Mary Astell And The American Bar Association On Female Autonomy, Judy Cornett

Book Chapters

Rhetoric—the arts of practical discourse that we broadly define as the use of symbols to influence belief and action—has something to say about contemporary legal theory and practice. Law and rhetoric in the West were born together nearly 2500 years ago in the Mediterranean. American law has eschewed its rhetorical roots since the late nineteenth century. Denying law’s rhetorical nature helps to construct an impartial façade, shoring up law’s legitimacy. Admitting the rhetorical nature of law would be to admit its partiality, or the point of view inevitably inscribed with every textual choice. At the same time, rhetorical theorists have …

Causation’S Due Process Dimensions, Cassandra Burke Robertson, Charles W. "Rocky" Rhodes

Faculty Publications

For decades, courts have grappled with the tension between compensating victims of mass harms and maintaining fairness to defendants when causation is difficult to prove. This Article argues that the Supreme Court’s due process jurisprudence provides a relevant framework for navigating this tension. We contend that the Court over the last three decades has established a consistent due process approach in punitive damages and personal jurisdiction cases, which is rooted in antecedents tracing to the nineteenth century and relies on a nexus of interests that balances individual rights, state interests, and federalism concerns. This framework, we argue, has significant implications …

Fulfilling Plyler's Promise: Undocumented Students' Access To Education, René J. Valenzuela

Children's Legal Rights Journal

No abstract provided.

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …

Panel Iii: Regulatory Frameworks From Subnational To Multinational, Marc-Etienne Ouimette, Kate Purchase, Kellee Wicker, Xavier Delagado

Canada-United States Law Journal

No abstract provided.

Yars 18(31)

Yearbook of Antitrust and Regulatory Studies

Full issue 18(31)

Un-Fathering The Constitution, Lorianne Updike Toler

Connecticut Law Review

Constitutional law turns on Madison’s vision. This because Madison is universally acclaimed by the Supreme Court and legal academe as the Constitution’s father. However, Madison’s constitutional parentage sounds more in lore than logic.

A careful review of recent historiography, Madison’s own writings, and new analytics tools available on the Quill Project reveal Madison as much less important to the Constitution than previously thought. He did not bring about the Convention, did not write the Virginia Plan, and was not that influential at the Constitutional Convention. Immediately after the Convention, Madison considered himself and the Constitution a failure, and disclaimed any …

Children And Chairs, Artifacts And Reality, Adam J. Macleod

Scholarly Articles

Where do children come from? The source of childhood—either nature or political will—is a matter not merely of chronology but of authority. Whoever makes children gets to define childhood. Legal childhood is one type of legal personhood. Legal personhood matters because legal persons bear legal rights and duties. Rights and duties direct how we act toward each other. Thus, our ideas about how persons come to be, who counts as a person, and how persons are defined in law determine in large part how we act toward persons, both other persons and ourselves.

A legal person is an artifact of …

“Declaring Law”: A Pragmatic Analysis Of Law As Communication And Implications For The Hart-Fuller Debate, A.G. Harmon

Scholarly Articles

The year 2024 is the sixtieth anniversary of a seminal work in American jurisprudence, itself the consequence of the one of the most important debates in legal philosophy, the Hart-Fuller Debate conducted in 1958’s Harvard Law Review.

Legal philosopher Lon Fuller famously and controversially posited eight “legal principles” as constitutive of a “morality of law” (The Morality of Law, Yale University Press). Legal positivists stridently objected to Fuller’s theory, notably philosopher H.L.A. Hart. They rejected the idea that such things indicated a “moral” dimension to the law. The debate continued for many years, lately with many legal scholars reclaiming the …

The Human Dimension Of “Home”, Robert A. Destro

Scholarly Articles

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

True North, Strong And Free (From American Influence): The Case Against Defunding The Canadian Broadcasting Corporation, Tyler Rogerson

Canada-United States Law Journal

Since becoming the leader of the Conservative Party of Canada, Pierre Poilievre has campaigned on defunding Canada’s English-language national broadcaster, the Canadian Broadcasting Corporation (CBC). In the opinion of Mr. Poilievre, Canadian tax dollars would be put to better use if the Canadian government ceased subsidizing the CBC and encouraged private broadcasters to fill the cultural and entertainment void left in its wake. Mr. Poilievre’s campaign promise to defund the CBC comes at an interesting time in Canadian politics. With the resignation of Justin Trudeau, an imminent federal election, and the 51st State rhetoric echoing from the White House, Canadians …

Survival Of The Fittest? Ai And Its Different Regulatory Models, Miklós Király

Emory International Law Review

Prof. Peter Hay is a regular visitor to Budapest, Hungary. He gives excellent lectures on conflict of laws, with a particular focus on the nuances of jurisdiction. At the same time, many of us are avid readers of his German textbook US-Amerikanisches Recht. This textbook provides an overview of US law, from legal history to constitutional law and administrative law or criminal law. His interest and work which spans legal disciplines and legal systems, encourages me to welcome him with a paper on comparative law than a study of private international law.

This paper provides an overview of the broad …

The Effect Of Constructive Ambiguity On Differentiation In The Climate Change Regime: Mitigation And Climate Justice, Enam Korkor Antonio

Loyola University Chicago International Law Review

In the high-stakes world of international climate negotiations, words can be both sword and shield. This article exposes how "constructive ambiguity" worked as a double-edged sword in shaping the discourse on differentiated responsibilities for climate change mitigation. This linguistic diplomatic maneuver may have temporarily bridged seemingly insurmountable divides. However, it has also undermined global climate justice. This article traces the evolution of differentiation in the climate change regime, revealing three distinct interpretations that emerge from the mist of constructive ambiguity. This article's central point is that the success of international climate action hinges on a bold recalibration: embracing each stage …

A Route To Self-Determination: Empowering The West Papuan Region Through Targeted Special Autonomy Law Reforms And Iccpr/Icescr Integration, Maanasa Pamganamamula

Loyola University Chicago International Law Review

This Comment examines Indonesia’s governance over West Papua, analyzing how the 2001 Special Autonomy Law and its 2021 amendments have undermined Papuans’ right to self-determination. Although the 2001 law aimed to enhance regional autonomy and protect Indigenous rights, it has largely failed, fueling protests, human rights violations, and militarization. These ongoing issues trace back to the 1962 United States brokered “New York Agreement,” which transferred administrative control to Indonesia following Dutch withdrawal. By excluding Papuans from key decisions, such as the “Act of Free Choice,” Indonesia entrenched systemic abuses that continue to shape the region’s political landscape.

Building on this …

‘Cruel And Unusual’ In 1689, 1791, And 1868: Shifts In Incorporation, Gregory Velloze

UC Law Constitutional Quarterly

Recently, the Supreme Court has acknowledged the scholarly debate over whether to apply the historical understanding of the Bill of Rights as ratified in 1791 or as incorporated through the Fourteenth Amendment in 1868. This acknowledgment raises two important issues with regards to the Cruel and Unusual Punishments Clause. First, the Cruel and Unusual Punishments Clause was copied from the English Bill of Rights in 1689, generating a third, additional time period relevant to its historical understanding. Second, the more textualist framework of the Cruel and Unusual Punishments Clause allows for more relatively bounded language and interpretation, which could remain …

The Political Question Of Public Lands, Ryan A. Semerad

Wyoming Law Review

The Property Clause of Article IV of the United States Constitution provides: “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” Thus, among other things, the Constitution assigns the disposal of federally owned lands to Congress alone. That means the other branches of the federal government, including the courts, have no jurisdiction to exercise this power or to compel Congress to use it. Put another way, when Congress does not dispose of public lands through sale or transfer, that inaction is not subject to …

The Genesis Of Constitutions: A Natural Language Processing Approach, Tejas Ramdas, Patrick Chung-Chia Huang, Nuno Garoupa, Martin T. Wells, Yun-Chien Chang, Tom Ginsburg

Public Law and Legal Theory Working Papers

The diffusion of constitutional ideas and models has been the subject of extensive scholarship. In this paper, we use natural language processing methods to examine the persistence of constitutional ideas and models, focusing on how 16 core and iconic constitutions influence 572 newer constitutions over a long period (1900–2020). Our findings indicate that “old” core constitutions (such as those of the U.S. of 1789, Spain of 1812, France of 1848, and to a lesser extent France of 1791) have maintained significant influence over those 121 years. Austria of 1920 and France of 1946 are the most influential among the 20th …

Risk Management For Authorising Railway Vehicles In The Eu Legal Framework, Jan Maciej Siudecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Safe integration of rolling stock with railway system requires comprehensive hazard identification and application of safety measures. There are different cases when European Union regulations demand carrying out risk assessment before a vehicle may be authorised to be placed on the market for both Rolling stock and Command and control signalling onboard subsystems. Specificities of each case are outlined and conclusions as to their scope and interactions between them are discussed. Practical examples of hazards that should be managed in each case are provided. Subsequently it is described, how conclusions from risk assessment impact results of conformity assessment, the authorisation …

Informowanie O Najniższej Cenie W Okresie 30 Dni Przed Obniżką W Praktyce Polskiego Sektora Bankowego, Monika Brzeska-Kozerska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article analyzes the implementation of the information obligation regarding the lowest price in the last 30 days before a reduction, arising from Article 4(2) of the Act on Informing about the Prices of Goods and Services (Act on Prices), in the context of the banking sector. The implementation of the so-called Omnibus Directive into the Polish legal system, aimed at preventing consumer deception, has raised doubts about its application to financial institutions. The purpose of the analysis was to determine whether, and to what extent, banks are obliged to fulfill this information obligation in relation to the products and …

Poison! An Africana Legal Studies Investigation Into Enslaved Africans And Their Deadly Roots, Angi Porter

Scholarly Articles in Law Reviews & Journals

This article is a murder investigation.

And a strange one, as the victims might be the suspects, and the suspects might be the victims. Or, even stranger, who we are calling the victims might be the enforcers of an entirely different justice system we did not initially see.

This is a cold case: we are investigating African people enslaved in the Province of Maryland during the eighteenth century. It is really a collection of cases—all cases of poisoning. These enslaved Africans were poisoning their enslavers. The incidents are described in legal records and newspapers. But what do these poisonings really …

Like It Or Not: Recognizing A Special Relationship Between Social Media Companies And Their Users, Alexandra Tran

Fordham Law Review

When the internet plays a role in a plaintiff’s injury, there can be considerable roadblocks barring recovery. At the heart of the dispute over how social media should be legally addressed is the balance between maintaining freedom of expression on the open internet and imposing regulations on social media companies to ensure online safety. When plaintiffs allege that a social media company had a duty to warn them about dangers on its site, courts are generally reluctant to extend the special relationship doctrine to encompass the social media-user relationship. In addition to the high bar set by courts, different jurisdictions …

Can Prior Censorship Be A Necessary Tool For The Protection Of Human Rights?, Leandro Leo Rebelo

American University International Law Review

Prior censorship is unequivocally interpreted by the Inter-American Human Rights System (“Inter-American System”) as a step too far in moderating expression. Except in the quite narrow circumstances allowed for under Article 13(4) of the American Convention on Human Rights (“ACHR”), the Inter-American System has reiterated that prior censorship is forbidden. However, prior censorship is widely used in social media platforms as a tool of content moderation. Should such techniques be banned, or should more exceptions be allowed in the regulation of speech?

Safeguarding Children From State Intervention, Salihah R. Denman

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Tort Law: Cases & Critique, Thomas E. Kadri

Books and Book Chapters

No abstract provided.