Digital Commons Network^™

Patents And Technology Evolution: Altering Innovations And Innovators Via Patent Influences, Richard Gruner

Journal of Intellectual Property Law

Technologies improve primarily through evolutionary change not rational optimization. New technologies emerge as attempts to solve practical problems, the technologies are tested in marketplaces to determine if they are superior in cost and function to alternatives, and those that fare well in the testing gain widespread adoption.  Widely adopted technologies, and their problems, form the basis for the next round of technology improvements and evolution.  Through these steps, evolutionary processes lacking rational direction can generate changing technologies matched to the desires and problems of present society.

As they operate to advance diverse technologies, evolutionary processes governing technology change are subject …

The Expanding Patent Document: Fewer Claims, More Words, And The Drivers Of Growth, Dennis D. Crouch

Journal of Intellectual Property Law

Patent specifications have nearly quadrupled in length over the past four decades, rising from approximately 3,500 words in the early 1980s to over 13,000 words by 2025. At the same time, the average number of claims per patent has declined since peaking in 2005. Using the population of 7.6 million published patent applications from 2005 through early 2025, this Article advances a supply-side explanation for the persistent growth in specification length. The divergence between expanding specifications and contracting claims reflects a structural asymmetry in the USPTO fee schedule: excess claim fees impose a per-unit cost that visibly constrains claim counts …

Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow

Journal of Intellectual Property Law

Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …

How A Theory Can Make A Difference, Marc O. Degirolami

Florida Law Review

I want to offer three brief reflections on Professor Girgis’s Lecture. First, he is convincing about the difference originalism no longer makes: it no longer constrains constitutional judges from introducing their moral or political views into constitutional cases wholesale in a way that distinguishes it categorically from moral-political reasoning in common law judging. Indeed, originalism is sometimes self-conscious about disclaiming any interest in doing just this. The originalism of original authority might also constrain judges by requiring adherence to whatever the legal propositions of the original authority are, but its object is not first-order methodological constraint—that is, constraint as to …

Using Data To Discern Whether Nepa Causes Delay, And What Can Be Done About It, John C. Ruple, David E. Adelman, Jamie Pleune

Public Land & Resources Law Review

This article proceeds in three principal parts. Part I provides an overview of NEPA that is focused on the requirements contained in the Act itself, the Supreme Court’s recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, and developments involving agency NEPA regulations. Part II summarizes what we know about factors causing or contributing to delays in permitting in general and NEPA compliance in particular. The central question examined in Part II is the extent to which changes to NEPA respond to barriers to development and are therefore likely to be effective. Part III offers recommendations and is …

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

Extra Omnes: Analyzing The United States’ And Ireland’S Methods Of Quelling The Criminal Clergy Sexual Abuse Scourge, Dana Aprigliano

Journal of Catholic Legal Studies

(Excerpt)

In late 2008, an Irish businessman was successful in legally preventing sexual assault claims from being brought against him. In explaining why one “victim” should be discredited, the court cited a threat she made against the businessman to make allegations of a sexual nature against him if he did not pay her a sum of money. In particular, she told him that if he did not pay her, she would “have him . . . ’plastered all over the front of the Evening Herald like those p[e]dophile priests.’ ” Although the businessman was not a priest or, as it …

Equity's Bruen Moment: Trump V. Casa And Lessons For The Future Of History And Tradition, Jacob D. Charles

Florida Law Review

In Trump v. CASA, the Supreme Court expounded on and applied a methodological framework that mimics the test the Court has recently begun deploying in Second Amendment and other individual rights cases. That test has three primary components: (1) search for historical analogues; (2) apply historical principles; and (3) abjure contemporary concerns that can be labeled “policy” considerations. Bruen’s echoes in CASA are noticeable and telling. So too are the lessons that CASA can teach about how the Court’s approach to history and tradition is continuing to develop.

This Article analyzes CASA as a window into the Court’s …

Maryland Reproductive Freedom And The Full Personhood Of Pregnant People, Margaret E. Johnson

All Faculty Scholarship

Pregnant and birthing people are inappropriately criminalized. Such criminalization is for behavior during their pregnancy that would not otherwise be criminalized, including when there was no harm to the later born baby, and for birth outcomes like miscarriages and still births. Law supports criminalization in part because of the historic legal significance given to fetal “viability” as a demarcation between full personhood rights for pregnant people and the encroachment of fetal “personhood” on those rights. Focusing on Maryland’s new constitutional amendment for reproductive freedom, this essay examines how the new amendment offers promise in restoring the full personhood rights for …

Bridging The Justice Gap: A Comparative Study Of Legal Aid Marketing In Canada, Australia, And The United States, Farah O. Haq

Student Theses and Dissertations

Access to justice remains a central challenge across legal systems, particularly for immigrants and refugees, Indigenous communities, and survivors of domestic violence. While legal aid organizations play a critical role in bridging this gap, their effectiveness increasingly depends on how clearly and compassionately they communicate legal information online to their target audience. This thesis conducts a comparative content analysis of nine nonprofit legal aid organizations in the United States, Canada, and Australia, three countries united by a common law tradition but divided by the communication barriers their communities face, examining 180 social media posts and nine websites through the lens …

Wading In The Waters: The Public’S Use Rights In Non-Navigable Streams, Loren Vigil

Natural Resources Journal

In New Mexico, the water law of prior appropriation rules. As a result, no individual holds a complete right to ownership of water in New Mexico. Instead, New Mexico landowners hold only a right to put appropriated waters to beneficial use. Appropriation of waters requires diversion, a distinct feature that prevents landowners from claiming natural watercourses flowing through their property boundaries. The unappropriated waters of the state are then vested in the state via public trust, to be used and enjoyed by the public. This public right to use often abuts landowner property rights, as water flows over and through …

Theorizing Rural Cosmopolitanism: Modern Economic History, Urban Elites, And The Political Economy Of Disaster Recovery, Manuel Montoya

Natural Resources Journal

A heavily understated dimension of cosmopolitanism is the urban rural divide. This is particularly true in the context of modern economics, which emerged at the same time that the notion of cosmopolitanism was gaining renewed political significance. This paper examines how economic thought of the late eighteenth and early nineteenth centuries directly influenced the socio-literary interactions of a “World Republic of Letters” and how writers such as Goethe used terms like “universal spiritual commerce” to valorize the role of the city in the making of a new modern world. The paper also describes how the rural was left behind in …

Climate Change, Justice, And Equity In The Adjudication Of Hermit’S Peak/Calf Canyon Fire Claims, Brett Phelps

Natural Resources Journal

Large-scale, climate-driven wildfire has become a recurring and foreseeable feature of life in the American West, creating long-term consequences for forests, watersheds, and rural communities. The 2022 Hermit’s Peak/Calf Canyon Fire, the largest wildfire in New Mexico history, provides an opportunity to examine how a federally created compensation statute functions once a climate disaster moves from legislation and rulemaking into adjudication. Sparked by prescribed burns on public land, the fire led Congress to enact the Hermit’s Peak/Calf Canyon Fire Assistance Act, directing the Federal Emergency Management Agency (“FEMA”) to provide expeditious and just compensation for injuries resulting from the fire. …

The Role Of Anticipatory, Preparatory, And Transformative Governance In Wildfire And Watershed Resilience Strategies, Robin Kundis Craig, Melinda Morgan

Natural Resources Journal

Wildfire is a game-changer for both communities and ecosystems throughout the West, including in New Mexico. Building resilience to increasing numbers of wildfire events, especially when wildfires can shift communities, ecosystems, and combined social ecological systems (“SESs”) past tipping points and into new regimes requires new approaches to governance. Focusing on the Hermit’s Peak/Calf Canyon fire and New Mexico residents’ ongoing response, this Article examines post-fire needs before surveying new modes of governance that can help to address those needs in a climate change era. It ends with a summary of our engagement with the participants in the “Life After …

Trial By Fire: Disaster Justice And Lessons Learned, Clifford J. Villa

Natural Resources Journal

Disaster Justice reflects the intersection of environmental justice and disaster law. The study of disaster justice is becoming increasingly essential as disasters become more frequent and devastating in the face of accelerating climate change. Disaster law is marked by statutes such as the federal Stafford Act and by theory such as the “disaster cycle” of readiness, response, and recovery. Environmental justice recognizes that the distribution of harms such as bad air or water quality may be distributed inequitably among groups such as low-income populations or racial minorities. In similar fashion, the adverse impacts of disasters may also be distributed inequitably …

Forever Is Too Long: Rethinking Consent And Genetic Privacy Under The Fourth Amendment, Abigail Oberbeck

University of Cincinnati Law Review

No abstract provided.

Victor Schwartz: Issues And Reforms In Mass Tort Litigation, Elaine Panagakos

University of Cincinnati Law Review

No abstract provided.

Violent White Exclusionary Destruction Of Black Property Is A Public Nuisance: The Tulsa Race Massacre And Beyond, Eric Miller

University of Cincinnati Law Review

No abstract provided.

The Shadow Corroboration Doctrine In Sexual Violence Cases, Chris Cox

University of Cincinnati Law Review

No abstract provided.

International Law Situations: Economic Warfare At Sea, Raul (Pete) Pedrozo

International Law Studies

This Situation examines what measures belligerents may take against enemy and neutral merchant ships at sea during an international armed conflict. Operation Epic Fury serves as the backdrop to demonstrate the applicability of economic warfare during international armed conflict at sea. Iranian-flagged and Guyanese-flagged vessels are operating in service of the Iranian economy and war effort. These ships may be captured as part of U.S. economic warfare against Iran.

Confronting Inequality: Three Eras Of Gender And Tax Scholarship, Bridget J. Crawford

Loyola of Los Angeles Law Review

Tax law is not neutral—it encodes social values and reinforces certain longstanding hierarchies. For over fifty years, legal scholarship at the intersection of gender and tax has exposed how seemingly neutral tax laws perpetuate gender inequality. This Article uses the metaphor of quilting to trace the evolution of this scholarly field across three distinct eras.

Part I names and defines the designing era (1971–1986), which began with Grace Blumberg’s writing on the gendered impact of tax laws on marriage, labor, and caregiving; she framed taxation as a tool of social control over women. Blumberg’s work laid the foundation for other …

Regularity Clarity At A Cost: The Risks To Everyday Investors If Project Crypto Continues Without Guardrails, Maia Chess

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Words Matter: The Rhetoric Of National Security And The Reality Of Individual Rights, Christopher J. Borgen

Journal of Civil Rights and Economic Development

(Excerpt)

While the meanings of words can be flexible or contested, they are not infinitely pliable. These limits on words and their uses help define the outer bounds of legitimate state action. However, even the written law is only as stable as our interpretation of what those words mean. There is the risk that a deliberate and persistent misuse of words by states and other actors can eventually change our understanding of the law it.

Some of my work has analyzed the use of words and phrases such as “self-determination,” “sovereignty,” and “secession.” But, in this Essay, I focus on …

Gender Affirming Rhetoric, Emerson R. Wright

Tennessee Journal of Race, Gender, & Social Justice

During the runup to the 2024 election, virtually every person who watched an American football game saw an advertisement alleging that Kamala Harris was “for they/them,” while “President Trump is for you.” Candidates and interest groups spent more than $200 million on ads shaping and preying on public perception of trans people, and Democrats wasted no time blaming Kamala Harris’s electoral loss on messaging around trans issues. On the heels of a contentious election that relied heavily on this type of weaponized culture war messaging, misleading and hostile discourse about transgender people and the issues they face is hard to …

Disenfranchisement, S.B. 8005, And The Price Of Protest In Tennessee, Valorie K. Vojdik

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Read The Writing On The Wall: Why Confederate Messaging Matters In Tennessee Courthouses, Hon. John G. Browning

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Reflections Of An Appalachian Miner's Grandson: How The Biden Administration Prioritized Miners' Safety And Health And Mining Communities, Christopher J. Williamson

West Virginia Law Review Online

No abstract provided.

"The Appearance Of The Confederate Flag In These Seas:" The Css Sumter, Neutrality, And The International Dimensions Of The American Civil War, John Macisaac Coleman

History Undergraduate Senior Theses

No abstract provided.

“I Have A Voice”: Bridging The Communication And Sensemaking Gap Between Restorative Justice Practice And Program Implementation, Stefan Cocorelis

Dissertations

Restorative justice (RJ), a philosophy, practice, and movement inspired by local, largely Indigenous traditions, has increasingly been introduced in modern criminal justice systems as an alternative process to more comprehensively address harmful incidents, heal harms, and meet victim’s needs. While RJ implementation growth is encouraging for its advocates, there remain significant questions around formalized RJ practice. Specifically, little is known about the decision-making process in implementing and administering RJ programming within criminal justice. This dissertation aimed to contribute to the understanding of RJ practice and implementation efforts within criminal justice systems by putting emphasis on practitioners already working directly in …

Governing With Digital Platforms: A Chinese Lesson For The U.S.?, Shitong Qiao

Duke Journal of Comparative & International Law

Can digital platforms make law and governance more efficient? Both China and the United States host some of the world's largest digital platforms, which lead in internet technologies, provide critical digital infrastructure, and mediate private communication and public discourse. While the American experiment has stalled, the Chinese government has made remarkable progress in leveraging digital platforms to enhance efficiency in law and governance.

The study highlights China's successes in streamlining court operations, curbing online piracy, and reshaping interactions between the Chinese government and its citizens. In practice, digital platforms have become co-governors, exerting substantial influence over public institutions rather than …