Digital Commons Network^™

Un Ésprit Sérieux, Pierre Schlag

Publications

No abstract provided.

Antitrust Standing For Umbrella Purchasers, Ahmed Alfaris

University of San Francisco Law Review

No abstract provided.

Beyond Social Media Analogues, Gregory M. Dickinson

Faculty Articles

The steady flow of social-media cases toward the Supreme Court shows a nation reworking its fundamental relationship with technology. The cases raise a host of questions ranging from difficult to impossible: how to nurture a vibrant public square when a few tech giants dominate the flow of information, how social media can be at the same time free from conformist groupthink and also protected against harmful disinformation campaigns, and how government and industry can cooperate on such problems without devolving toward censorship.

To such profound questions, this Essay offers a comparatively modest contribution—what not to do. Always the lawyer’s instinct …

An Internal And External Contextual Autoethnography Of A Single Mother's Experience As It Intersects With Misogyny, Patriarchy, And Hegemonic Masculinity, Heidi Sampson

Antioch University Dissertations & Theses

This dissertation is a contextual autoethnography of my lived experience with stigmatization, stereotypes, and institutional obstructions as a divorced single mother who previously experienced intimate partner violence and was diagnosed with post-traumatic stress disorder. The purpose of the study is to shed light on the complexity of the single motherhood experience, both internally and externally. From 2009 to 2019, the institutions I accessed for assistance as a single mother and those I interacted with for my children, my job, my health, and even within the church were unnecessarily burdensome financially, physically, and emotionally. This dissertation takes a contextual look at …

The Geoeconomics Of Belt And Road Disputes: A Case Study On The China-Pakistan Economic Corridor, Mark Mclaughlin

Research Collection Yong Pung How School Of Law

This article argues that the dovetailing economic, geopolitical, and security interests that underpin the Belt and Road Initiative demands a dispute resolution mechanism that focuses on broader interests and legal rights. Using the China-Pakistan Economic Corridor (CPEC) as a case study, it identifies the conditions in which Chinese investors could have initiated an investment arbitration but did not. This can be explained by the rights-based orientation of investment treaties failing to reflect the interests of multi-project initiatives. Instead, alternative methods of home state intervention, such as state-funded political risk insurance, are used to protect investors. In other words, the political …

When Ballots Are Blank: Write-In’S Serving Local Government And The Implications For A Healthy And Vibrant Democracy, Thomas J. Ruter

School of Business Student Theses and Dissertations

Our democracy depends on having a supply of candidates running for elected office, but in some instances, no one wants to run. This phenomenological study asks what the effects on a healthy and vibrant democracy are if ballots are blank and the seat is filled through write-in or appointment. Rooted in democratic theory, this study explores small, rural city elections where write-ins won election. Understudied, local governments are responsible for decisions affecting the lives of millions of people each day. Workforce scarcity, the alienation of young Americans from politics, government bashing, nasty campaigns, threats of physical harm, and other barriers …

The Role Of Pornography In The “Rough Sex” Defence In Canada, Lisa Gotell, Isabel Grant, Elizabeth Sheehy

All Faculty Publications

Drawing upon the authors’ earlier research studying the consent defence when it is used to suggest that the complainant agreed to “rough sex” involving violence, this paper develops an extended analysis of the complex role of pornography in these decisions. This paper focuses on a subset of “rough sex” cases, where pornography played a role in “scripting” the accused’s behaviour. Thematically, these cases included: those where the accused had a substantial history of consumption of violent pornography; cases in which the accused forced the complainant to view pornography as part of the assault; cases where the accused recorded the attack, …

Regulatory Approaches To Consumer Protection In The Financial Sector And Beyond: Towards A Smart Disclosure Regime?, Nydia Remolina, Yvonne Ai-Chi Loh, David Hardoon

International Journal on Consumer Law and Practice

Consumer and data protection policies often focus on consent and information disclosure. The purpose of these regulatory strategies is the protection of consumers by reducing some contracting failures, such as asymmetries of information and a lower bargaining power, especially in transactions involving complex issues such as financial products and sensitive personal data. In the past, regulators have responded to privacy and consumer protection by adopting what this article refers to as an “imperfectly informed regime”, in which consumers do not receive full information about the risks associated with their decisions, even if they are still protected through a variety of …

Governing Generative Ai, Daryl Lim

Faculty Scholarship

This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, “Governing Authorship,” delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation and the preservation of human creators’ rights within existing legal frameworks. Part II, “Governing Infringement,” examines the intricate issues of copyright infringement in the digital era, especially the unauthorized use of copyrighted content by AI for training purposes and the exploration of private ordering mechanisms as …

Profit, Mission, And Protest At Work, Marion Crain

Scholarship@WashULaw

The classic understanding of capitalism maintains that the social responsibility of business is to increase its profits. But in the last decade, many firms have announced commitments to various social justice issues, folding them into corporate mission statements, codes of corporate social responsibility, and branding. Firms engaging in so-called “woke capitalism” signal their virtuous support for progressive social causes favored by both their consumer base and their idealistic young workers. This has become particularly important in a tight labor market: by targeting workers’ values, savvy firms increase recruiting yields, enhance productivity, and reduce training costs as retention rates rise, while …

Law And Identity: Whether The 2013 Amendments To The Sex Discrimination Act Are Laws With Respect To External Affairs, Joshua Paul Anderson

Theses

The external affairs power under the Australian Constitution gives the Commonwealth Parliament the power to pass legislation that implements the obligations in bona fide treaties to which Australia is a party, provided that the legislation is reasonably appropriate and adapted to that purpose.

The Sex Discrimination Act 1984 (Cth) (‘SDA’) was passed to implement the UN Convention on the Elimination of All Forms of Discrimination Against Women (1981) (‘CEDAW’). There has never been any serious doubt that the SDA, as originally passed, is a valid law with respect to external affairs. The SDA was progressively amended to prohibit discrimination on …

(In)Dependence Day: Why The Modern Streaming Industry Requires Modern Antitrust Enforcement, Samuel Kahn

Cardozo Arts & Entertainment Law Journal

The note argues that the contemporary streaming industry, dominated by a few major platforms, mirrors the pre-Paramount era's anticompetitive practices, necessitating a reexamination of antitrust laws to address oligopolistic structures, protect independent creators, and ensure consumer access to diverse content. It contends that the repeal of the Paramount Decrees and the failure of current antitrust frameworks to adapt to the streaming industry's unique challenges have allowed media giants to grow unchecked, stifling competition and innovation.

Aggressor Status And Its Impact On International Criminal Law Case Selection, Nancy Amoury Combs

Faculty Publications

The laws of war apply equally to all parties to a conflict; thus, a party that violates international law by launching a war is granted the same international humanitarian law rights as a party that is required to defend against the illegal war. This doctrine—known as the equal application doctrine—has been sharply critiqued, particularly by philosophers, who claim the doctrine to be morally indefensible. Lawyers and legal academics, by contrast, defend the equal application doctrine because they reasonably fear that applying different rules to different warring parties will sharply reduce states’ willingness to comply with the international humanitarian law system …

Structural Inequality And The New Markets Tax Credit, Michelle D. Layser, Andrew J. Greenlee

Duke Law Journal

The New Markets Tax Credit (“NMTC”) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of the underrepresentation of minority-led institutions in the NMTC program. Based on original interviews with representatives of Community Development Entities (“CDEs”), investors, borrowers, and consultants who participate in the NMTC program, this Article describes the “NMTC ecosystem,” a complex, relationship-driven network of NMTC program participants who influence decision-making and create opportunities for success …

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Covid-19 And The Italian Legal System, Laura Maria Franciosi

Journal of Civil Law Studies

COVID-19 hit Italy with particular violence. Then spreading around Europe and worldwide, the virus raised unprecedented issues requiring the implementation of urgent measures to prevent its propagation. This Article focuses on selected topics of the Italian civil law particularly affected by the rise of COVID-19 and tries to provide brief comparative remarks. Namely, after summarizing the most important events that occurred in Italy––originating from the discovery of the first Italian case of COVID-19 in Codogno––it outlines relevant social and legal scenarios. This Article also concentrates on commercial lease contracts, and subsequently addresses the legal implications of vaccination, with reference to …

Administrative Convenience Or Deliberate Reform? The Impacts Of The Colonial Judicial Legacy Of The Pre-Colonial Justice System In South-Western Nigeria, Adewale Adekunle Adeyeye

LLM Theses

In pre-colonial times, the ethnic groups that independently existed in the territory now called Nigeria had organized systems of government. However, the sweeping force of nineteenth-century colonialism erased most of these pre-colonial governments’ institutions and replaced them with the British system. Notably, in South-Western Nigeria (Yorubaland), historical evidence revealed the existence of a constitutional monarchy with organized branches of government. Especially, the pre-colonial judicial branch/justice system of the Yoruba monarchy was radically altered by colonialism. Using the interdisciplinary methodology, this research answered questions related to the structures and procedures of the pre-colonial justice system in South-Western Nigeria and how it …

Reclaiming The Public Forum: Courts Must Stand Firm Against Government Efforts To Displace Dissidence, Chris Ford

Tennessee Journal of Law and Policy

No abstract provided.

Just Extracurriculars?, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools--Kennedy v. Bremerton School District (2022) and Mahanoy Area School District v. B.L. (2021)--both arose in the extracurricular context of school sports. Even so, the Supreme Court has never fully clarified the status of extracurricular activities themselves. Once a school offers an extracurricular activity, is participation merely a privilege? Does the fact that extracurricular activities are voluntary for students affect …

Terror And Tenderness In Criminal Law, M. Eve Hanan

Cardozo Law Review

Sentencing reductions, executive pardons, prison release programs, and progressive prosecutors have something in common. In word choice and design, they suggest tempering the violence of criminal law in a limited number of cases. The prisoner may be released early based on a record of good behavior. The President may grant clemency to those sentenced in an earlier era to decades in prison for a drug crime. The prosecutor may recommend drug court rather than a jail sentence to a defendant addicted to illegal substances. In the era of “smart on crime,” reform often comes through expanding these mechanisms of relief …

The Rise Of China, The United States, And The Limits Of International Law, Julian G. Ku

North Carolina Journal of International Law

No abstract provided.

A Survey Of North Carolina's Public Accommodation Ordinances And A Proposal For A Statewide Public Accommodation Law, Becca Pearson

North Carolina Law Review

No abstract provided.

Assignment (Or Novation) Of Indemnity Policies, Chee Ho Tham

Research Collection Yong Pung How School Of Law

In this article Dr Chee Ho Tham suggests that terminological confusion has arisen over the use of the phrase “assignment” in connection with policies of non-marine indemnity insurance, where the “assignment” is made before the occurrence of the insured event which causes loss or damage to the subject-matter of the policy. An “assignment” of the contract of insurance entails a novation and should be referred to as such.

What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton

Notre Dame Law Review

Securities law has long regulated securities-related speech—and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court’s twenty-first-century Free Speech Clause doctrine has inspired corporate speakers’ increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …

Fairness And Fair Use In Generative Ai, Matthew Sag

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko

The Qualitative Report

This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …

All The Internet's A Stage: Reform Of The Digital Millennium Copyright Act And Broadway's Bootleg Problem, Emma K. Wimberly

Georgia Law Review

Broadway is the cultural epicenter of theatre arts. While Broadway performances are internationally known and hugely profitable, they remain inaccessible to a significant number of fans. The inability to bear the increasing costs of travel, lodging, and tickets leads many fans to turn to bootlegs. Bootlegs are illegal recordings of live performances. They are widely viewed and shared online, and uploaders purposefully work to obscure the illegality of these recordings, allowing them to evade tools designed to combat copyright infringement.

The Digital Millennium Copyright Act (DMCA), enacted in 1998, amended U.S. copyright law to attempt to prevent digital copyright infringement. …

Political Advocacy Groups: The Puppet Masters Behind Public School Boards’ Banning Of Books, Sean Maloney

DePaul Law Review

No abstract provided.

To See Or Not To See: Color-Blind Casting And Its Role In The American Theatre Today, Michael Ecker

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

At best, the theatre has had questionable reputations with inclusivity and representation throughout its storied history. For one, despite its sophisticated form being well-established as early as the ancient Greeks, professional stages in England didn’t see their first actress until the early winter of 1660—with her eighth of December debut being the only “early” thing about it, coming over 2,000 years after public performance’s Mediterranean beginnings. Structural change then—despite often being invoked by the earliest thespians—was slow to materialize internally. Certainly in 2023, the theatre can look back proudly on the breadth of its progress—even still, though, perhaps not proudly …

Now What? The Right To Privacy In Montana After Dobbs, Caitlin E. Borgmann

Montana Law Review

No abstract provided.