Digital Commons Network^™

Shape Mark (Trade Dress) Distinctiveness: A Comparative Inquiry Into U.S. And E.U. Trademark Law, Qadir Qeidary

William & Mary Business Law Review

Nowadays, the increasing application of visual elements, as non-traditional trademarks, to convey commercial information has brought about some new challenges to pioneer legal systems. In this regard, the question of shape marks’ (trade dress) distinctiveness has also caused some hot debates in U.S. and EU trademark law. Indeed, the most challenging legal question before those legal jurisdictions is about the method of transplanting the concept of trademark distinctiveness into the mechanism through which shape marks, as visual mediums, perform a trademark communicative function. Technically, the indefinite nature of shape marks or trade dress marks and lack of a definitive or …

The Jury Trial Reinvented, Christopher Robertson, Michael Elias Shammas

Texas A&M Law Review

The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood.

Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts to begin …

The Jury Trial Reinvented, Christopher Robertson, Michael Shammas

Faculty Scholarship

The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood.
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/="/">Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical. The COVID–19 pandemic rendered most physical jury trials unworkable but spurred some courts …

Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler

Articles & Book Chapters

This article argues that the disjunctive obligation in contract law can be justified on moral grounds. It argues that from a perspective that regards human beings as free agents capable of choice and therefore independent of material objects, the contracting parties must be understood as agreeing to mutually guarantee one another's ownership of a certain value. This guarantee can be fulfilled either by handing over what was promised or by making up the difference between the market value and the contract value of what was promised. The plaintiff's contractual right is therefore a right that the defendant perform or pay. …

Cross-Border Attestation And Interjurisdictional Wills, Richard F. Storrow

ACTEC Law Journal

After nearly two years of difficult effort to contain the coronavirus outbreak, remoteness is firmly embedded in the American psyche. Throughout the country, emergency orders permitting will execution and attestation to be conducted by simultaneous audio-visual transmission have allowed estate planning to proceed. There are currently bills in some state legislatures to make permanent the temporary emergency measures adopted during the pandemic. Remote execution and attestation may be here to stay, even in a world where electronic wills remain rare. This article addresses what is likely to become a more familiar manner of will execution in a post-pandemic world and …

Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan C. Hudson, Rex Sharp, Nancy Levit

UMKC Law Review

No abstract provided.

Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray

University of Arkansas at Little Rock Law Review

No abstract provided.

Social Media User Relationship Framework (Smurf), Anne David, Sarah Morris, Gareth Appleby-Thomas

Journal of Digital Forensics, Security and Law

The use of social media has spread through many aspects of society, allowing millions of individuals, corporate as well as government entities to leverage the opportunities it affords. These opportunities often end up being exploited by a small percentage of the user community who use it for objectionable or unlawful activities; for example, trolling, cyber bullying, grooming, luring. In some cases, these unlawful activities result in investigations where swift retrieval of critical evidence required in order to save a life.

This paper presents a proof of concept (PoC) framework for social media user attribution. The framework aims to provide digital …

Supply And Demand: Navigating Emergency Regulatory Developments In The Fight Against Opioid Use Disorder, Eva Bogdewic

Upper Level Writing Requirement Research Papers

No abstract provided.

Mdl Cartography: Mapping The Five Stages Of A Federal Mdl, Ryan Hudson, Rex Sharp, Nancy Levit

Faculty Works

No abstract provided.

Diagrammatics And The Proactive Visualization Of Legal Information, Michael D. Murray

Law Faculty Scholarly Articles

This article performs an analysis of one mode of visual legal communication:

diagrammatics and the visualization of legal data and other information

in legal instruments and communications.

The Proactive Law movement and the Legal Design movement each

seek to transform legal instruments and documents to improve access to and

comprehension of the communication of law to all persons. “All persons”

includes both law-trained and non-law-trained persons and extends from the

literate and educated all the way to disadvantaged, illiterate, and less-thanfully

literate persons. The overall goal of the Proactive Law movement and a

primary goal of Legal Design is to …

Cartoon Contracts And The Proactive Visualization Of Law, Michael D. Murray

Law Faculty Scholarly Articles

Contracts have always relied on text first, foremost, and usually exclusively. Yet, this approach leaves many users of contracts in the dark as to the actual meaning of the transactional documents and instruments they enter into. The average contract routinely uses language that only lawyers, law-trained readers, and highly literate persons can truly understand.

There is a movement in the law in the United States and many other nations called the visualization of law movement that attempts to bridge these gaps in contractual communication by using highly visual instruments. In appropriate circumstances, even cartoons and comic book forms of sequential …

Anti-Lgbtq Hate: An Analysis Of Situational Variables, Jill Kehoe

Journal of Hate Studies

The current study aimed to augment the scant body of literature on anti-LGBTQ hate by providing an in-depth examination of anti-LGBTQ hate incident situational characteristics including offender substance use, number of offenders, crime location, and victim-offender relationship. Analysis of situational dynamic variables provided support for the notion that anti-LGBTQ hate is a distinct type of criminal incident. Significantly increased levels of offender substance use, crimes perpetrated by multiple offenders, crimes perpetrated by acquaintances, and crimes taking place in open spaces substantiates the theory that anti-LGBTQ hate is qualitatively unique, typified by different characteristics than other forms of crime. The data …

Mission Command Of Multi-Domain Operations, Mark Balboni, John A. Bonin, Robert Mundell, Doug Orsi

Books, Monographs & Collaborative Studies

This research monograph explores the Army’s emerging concept of multi-domain operations and its implications on the mission command approach. The transition to multi-domain operations changes the traditional view of how Army commanders and staffs conduct operations in the physical environment to include simultaneously operations in the information environment within the competition continuum.

This monograph will utilize the introduction of the aircraft during World War I as a historical case study for the integration of new domains. The Army has integrated new domains in the past and this example provides the historical context for the challenges involving integration of new domains. …

Comprehensive Review Of Telehealth Law And Literature: Implications For Future Policy And Patients, Morgan Kristensen

Capstone Experience: Master of Public Health

PURPOSE: The purpose of this Capstone is to determine whether telehealth is effective at producing positive health outcomes, and what the current status of state telehealth law is in the United States and how can the law be changed to improve the implementation and use of telehealth services. METHODS: A literature review of PubMed was used to find articles relating to telehealth and its effectiveness. A law review of each state’s telehealth and telemedicine laws was conducted using Westlaw. RESULTS: The literature review uncovered that telehealth has the potential to produce positive health outcomes for a variety of conditions and …

The Blind Leading The Deaf: An Investigation Of The Inconsistent Accommodations The Justice System Provides To People Who Are Deaf, Elizabeth Pindilli

William & Mary Journal of Race, Gender, and Social Justice

Historically, and to this day, people with disabilities have not been considered capable of determining their own needs. Instead, the general population has taken it upon themselves to dictate what accommodations they shall receive. This becomes particularly problematic for the deaf community when interacting with the criminal justice system, where a lack of communication is synonymous with a lack of justice. In this situation, the state should defer to the individual’s understanding of their needs, or carry the burden of proving that another accommodation is equally effective.

Facilitating Distinctive And Meaningful Change Within U.S. Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management, Patrick H. Gaughan, Samantha J. Prince

The University of New Hampshire Law Review

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why U.S. law schools have had difficulty evolving faster and better. The author then used institutional entrepreneurship to propose a seven-step, faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part 2, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role …

Facilitating Distinctive And Meaningful Change Within U.S. Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management, Patrick H. Gaughan, Samantha J. Prince

Faculty Scholarly Works

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why U.S. law schools have had difficulty evolving faster and better.1 The author then used institutional entrepreneurship to propose a seven-step,faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part 2, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role of …

Telemedicine And Legal Disruption, Mark Andriola

Health Law and Policy Brief

No abstract provided.

Hyperreal: Law And The Interpretation Of Visual Media, Amy L. Landers

Kentucky Law Journal

No abstract provided.

Would You Ever Write A Cartoon Contract?, Michael D. Murray

Law Faculty Popular Media

No abstract provided.

The Company Store And The Literally Captive Market: Consumer Law In Prisons And Jails, Stephen Raher

UC Law Journal of Race and Economic Justice

The growth of public expense associated with mass incarceration has led many carceral systems to push certain costs onto the people who are under correctional supervision. In the case of prisons and jails, this frequently takes the form of charges and fees associated with telecommunications, food, basic supplies, and access to information. Operation of these fee-based businesses (referred to here as “prison retail”) is typically outsourced to a private firm. In recent years, the dominant prison retail companies have consolidated into a handful of companies, mostly owned by private equity firms.

This paper explores the practices of prison retailers, and …

Facilitating Distinctive And Meaningful Change Within Us Law Schools (Part 2): Pursuing Successful Plan Implementation Through Better Resource Management, Patrick H. Gaughan, Samantha J. Prince

Akron Law Faculty Publications

In Part 1 of this series, one of the current authors used institutional theory, behavioral economics, and psychology to explain why US law schools have had difficulty evolving faster and better.'The author then used institutional entrepreneurship to propose a seven-step, faculty-led, operational change process designed to overcome institutional isomorphism and to enable each law school to formulate a distinctive, meaningful, strategic plan. In Part z, the current article addresses the typical implementation challenges to be expected within the context of existing law school governance. The article begins by discussing the Resource Based View of the firm and the role of …

Understanding Copyright’S First Encounter With The Fine Arts: A Look At The Legislative History Of The Copyright Act Of 1870, Robert Brauneis

Case Western Reserve Law Review

No abstract provided.

Understanding Copyright's First Encounter With The Fine Arts: A Look At The Legislative History Of The Copyright Act Of 1870, Robert Brauneis

GW Law Faculty Publications & Other Works

In 1870, Congress made its single largest addition of categories of copyrightable subject matter, expanding copyright protection to cover “painting[s], drawing[s], chromo[s], statue[s], statuary, and . . . models or designs intended to be perfected as works of the fine arts.” For the first time, it included works not designed or intended to be created and distributed in multiple copies, and it aligned copyright with the “fine arts” as opposed to the “mechanical arts,” a revision of the earlier understanding that copyright would cover “Science” as opposed to the “Useful Arts.” Why did Congress so act?

A thorough examination of …

Designing Online Dispute Resolution, Janet K. Martinez

Journal of Dispute Resolution

No abstract provided.

Mise En Scene And The Decisive Moment Of Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

This article explores the attorney author's understanding and implementation of principles that define how visual rhetorical works fulfill the task of effective visual communication and advocacy. These principles-referred to as mise en scene-will guide the attorney in the identification or creation of works that will exhibit the "decisive moment" of effective visual rhetoric in legal contexts. In equal measure, knowledge and understanding of these principles will enable lawyers to design and use effective visuals, and to challenge or respond to the visual rhetorical works proffered by their opponents.

Sisters Of The Caliphate: Media And The Women Of Isis, Kathleen German, Rosemary Pennington

Journal of Vincentian Social Action

Women have long been viewed as the “weaker sex”–more peace-loving and passive than men. However, clashes in Sri Lanka and Northern Ireland have shown that women are both willing and able to participate in violent conflict (Alison, 2004; Cheldelin & Eliatamby, 2011). We will specifically examine the recruitment to and roles of women in the Islamic State through an examination of the scholarship on female fighters, in order to contextualize the women of ISIS. We conclude with a suggestion that scholars and others interested in the experience of women in conflict move away from overly simplistic framings which suggest women …

Forgetting Fallujah: Covert Silence, Digital Public Memory And The Civilian Consequences Of Operation Phantom Fury In Iraq, Jason L. Jarvis

Journal of Vincentian Social Action

“Forgetting Fallujah” challenges the institutional memory of Fallujah advanced in “US Marines.” For most people, the understanding of war is based entirely on media images (Schwalbe, 2006; Sontag, 2003). This essay, like the work of Jackie Orr (2016) is a salvo in an ideological struggle to re-signify the meaning of Fallujah. The invasion of Fallujah was more severe for civilians than the torture of prisoners at Abu Ghraib, yet Fallujah caused almost no public outcry because it lacked visual evidence and went uncovered by mainstream American media (Entman, 2006). Covert silence in “US Marines” demonstrates that digital memory is easily …

An Examination Of Sound Resource Libraries And Their Applications At Bowling Green State University, Madeleine Grimm

Honors Projects

In this applied research project, I have explored the uses and limitations of sound resources at Bowling Green State University for student projects. My goal has been to create a stock music library for students on campus to have easy access to for class projects and portfolio work. In this project I address: How can a university best manage its stock music and sound resources; are there any standards for best practices or outstanding examples? What sound resources currently exist for student use in general and at BGSU? How are these sound resources currently managed at BGSU? What are the …