Digital Commons Network^™

Self-Driving Contracts, Anthony Casey, Anthony Niblett

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No abstract provided.

How Do You Formalize A Tamale?: How To Ease Street Vendors’ Transition Out Of The Shadow Economy, Elizabeth Kregor

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No abstract provided.

Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer

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Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.

Functionality Screens, Christopher Buccafusco, Mark A. Lemley

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Among intellectual property (IP) doctrines, only utility patents should protect function. Utility patents offer strong rights that place constraints on competition, but they only arise when inventors can demonstrate substantial novelty after a costly examination. Copyrights, trademarks, and design patents are much easier to obtain than utility patents, and they often last much longer. Accordingly, to prevent claimants from obtaining “backdoor patents,” the other IP doctrines must screen out functionality. As yet, however, courts and scholars have paid little systematic attention to the ways in which these functionality screens operate across and within IP law.We have four tasks in this …

Mending Broken Promises In Sustainable Design, Alex Lobos

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Sustainable Product Design is effectively combining solutions that address environmental issues while elevating user experience and achieving success in the marketplace. A closer look at the effectiveness of sustainability strategies in the design process reveals that some of the best efforts in this area do not yield the benefits promised. Examples of these shortcomings include product operation with unnecessary features that push performance beyond environmentally friendly levels, products made out of recyclable materials that still end up in landfills and consumers that do not connect sustainable lifestyles to the products they use.

An effective model for consistent benefits in sustainable …

Transparency, Transparency:Comparing The New Lobbying Legislation In Ireland And The Uk, Sean Keeling, Sharon Feeney, John Hogan

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his paper analyses the strength of the new laws regulating lobbying in Ireland and the United Kingdom (UK). This examination was conducted using the Centre for Public Integrity’s (CPI) ‘Hired Guns’ quantitative method for assessing the stringency of lobbying legislation. These laws were introduced, after years of unfulfilled promises and scandals, in an effort to increase the public’s trust in their representative institutions. We find that the Irish Regulation of Lobbying Act 2015 offers a slightly higher level of transparency than the UK’s Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014. Additionally, using the CPI’s index allows …

Examining The Role Of Store Design On Consumers’ Cross-Sectional Perceptions Of Retail Brand Loyalty, John Murray Dr., Jonathan Elms, Christoph Teller

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This paper compares new and established store design prototypes of the same retailer to examine the role of consumers’ cross-sectional perceptions of retail brand loyalty. In-store surveys were administered to capture consumers’ store-level perceptions towards a new store prototype and an older established prototype of the same fast fashion retailer. The data was subjected to multi-group analyzes with structural equations modeling. The findings suggest that store novelty and complexity promote both store design pleasure and retail brand loyalty outcomes. The different store designs do not, however, account for differences in brand loyalty perceptions at the overall retailer level when multi-group …

Internal Brand Identification As Metamorphic Glue In The Internal Branding Process Within A Retailer Network, Edmund O'Callaghan, John Murray

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The growth of collaborative independent retail networks (CIRN’s) has been a significant response by independents to the growing power of retailer multiples. These networks vary in nature and structure, but share a common objective of improved competitiveness through more effective buying, pooled marketing and/or national brand recognition. At a minimum, these networks have enabled independent retailers to achieve a relative degree of competitive parity with multiples, through participation in strategic brand building. Consequently, there is a need for a greater understanding of key issues relating to building independent store brands through collaborative networks. This research aims to better understand the …

The Role Of Law In Adaptive Governance, Barbara Cosens

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The term “governance” encompasses both governmental and nongovernmental participation in collective choice and action. Law dictates the structure, boundaries, rules, and processes within which governmental action takes place, and in doing so becomes one of the focal points for analysis of barriers to adaptation as the effects of climate change are felt. Adaptive governance must therefore contemplate a level of flexibility and evolution in governmental action beyond that currently found in the heavily administrative governments of many democracies. Nevertheless, over time, law itself has proven highly adaptive in western systems of government, evolving to address and even facilitate the emergence …

First Amendment Right To A Remedy, Benjamin Plener Cover

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Scholars and jurists agree that the First Amendment right “to petition the Government for a redress of grievances” includes a right of court access, but narrowly define this right as the right to file a lawsuit. This dominant view fails to meaningfully differentiate between the right to petition, the freedom of speech, and due process, missing the distinct significance of the Petition Clause when individuals petition courts. The most significant threats to court access today occur after the filing stage, when courts deny or limit remedies to legally injured persons — by enforcing a mandatory arbitration provision or an exhaustion …

The Shadow Of Free Enterprise: The Unconstitutionality Of The Securities & Exchange Commission's Administrative Law Judges, Linda Jellum

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Six years ago, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), for the first time giving the Securities and Exchange Commission (SEC) the power to seek monetary penalties through its in-house adjudication. The SEC already had the power to seek such penalties in federal court. With the Dodd-Frank Act, the SEC's enforcement division could now choose between an adjudication before an SEC Administrative Law Judge (ALJ) or a civil action before an Article III judge. With this new choice, the SEC realized a significant home-court advantage. For example, in 2014, the SEC's enforcement division prevailed …

Corporate Governance, Compliance, Social Responsibility, And Enterprise Risk Management In The Trump/Pence Era, Marcia Narine Weldon

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No abstract provided.

Democratic Surveillance, Mary Anne Franks

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No abstract provided.

A Free Speech Tale Of Two County Clerk Refusals, Caroline Mala Corbin

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The ever-expanding Free Speech Clause has made possible claims that would have been unthinkable until recently. This symposium Essay examines the compelled speech claims of two hypothetical county clerks who believe that marriage should be limited to unions between one man and one woman, and who argue that forcing them to issue marriage licenses to gay and lesbian couples compels them to speak in favor of same-sex marriage in violation of the Free Speech Clause.

When a government employee such as a county clerk speaks, she may not be speaking as just a private individual. She may also be speaking …

The Limitations Of Supply Chain Disclosure Regimes, Adam S. Chilton, Galit Sarfaty

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No abstract provided.

Threats And Criminal Deterrence In Several Dimensions, Saul Levmore, Ariel Porat

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No abstract provided.

Constitutional Advice And Transnational Legal Order, Tom Ginsburg

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No abstract provided.

Chevron Step One-And-A-Half, Daniel Hemel, Aaron Nielson

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No abstract provided.

Constitutions And Foreign Relations Law: The Dynamics Of Substitutes And Complements, Tom Ginsburg

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No abstract provided.

Why Incentives For "Patent Holdout" Threaten To Dismantle Frand, And Why It Matters, Richard A. Epstein, Kayvan B. Noroozi

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No abstract provided.

Radical Dissents In International Criminal Trials, Neha Jain

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No abstract provided.

The History And Future Of Capital Punishment In The United States, Robert Stein

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No abstract provided.

The Shadow Of Executive Privilege, Heidi Kitrosser

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No abstract provided.

Unbundling Efficient Breach: An Experiment, Francesco Parisi, Ariel Porat, Maria Bigoni, Stefania Bortolotti

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No abstract provided.

U.S. Airlines And Antitrust: The Struggle For Defensible Policy Towards A Unique Industry, Daniel Gifford, Robert T. Kudrle

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No abstract provided.

Employee Handbooks And Policy Statements: From Gratuities To Contracts And Back Again, Stephen Befort

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No abstract provided.

Competence And Culpability: Delinquents In Juvenile Courts, Youths In Criminal Courts, Barry Feld

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No abstract provided.

Free Speech And National Security Bootstraps, Heidi Kitrosser

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No abstract provided.

Banker Behavior And The Individualist Ethos, Claire Hill

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No abstract provided.

Expanding The U.S. Electric Transmission And Distribution Grid To Meet Deep Decarbonization Goals, Alexandra Klass

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No abstract provided.