Digital Commons Network^™

The Business Of Treaties, Melissa J. Durkee

Articles

Business entities play important and underappreciated roles in the production of international treaties. At the same time, international treaty law is hobbled by state-centric presumptions that render its response to business ad hoc and unprincipled.

This Article makes three principal contributions. First, it draws from case studies to demonstrate the significance of business participation in treaty production. The descriptive account invites a shift from attention to traditional lobbying at the domestic level and private standard-setting at the transnational level to the ways business entities have become autonomous international actors, using a panoply of means to transform their preferred policies into …

Federal Treaty And Trust Obligations, And Ocean Acidification, Robert T. Anderson

Articles

Ocean acidification will have profound effects on the entire human population and natural resources that depend in any way upon Earth’s oceans and lakes. In turn, those effects will be even greater, and potentially catastrophic, for indigenous populations who rely on the seas for physical, cultural, and spiritual sustenance. While most research on carbon dioxide absorption from the atmosphere has focused on oceans and the resulting acidification, many believe that acidification levels also will also increase in the Great Lakes. Indian tribes in the Pacific Northwest and the Great Lakes regions share reliance on marine and freshwater resources, and many …

Beyond Severability, Lisa Marshall Manheim

Articles

Severability is a wrecking ball. Even the most cautious use of this doctrine demolishes statutes in contravention of legislative intent and without adequate justification. It does so through the imposition of an artificially restrictive framework: one that requires that courts respond to a statute’s constitutional flaw by disregarding that statute either in whole or in part. In the last few years alone, this framework has flattened the Voting Rights Act, threatened the Bankruptcy Code, and nearly toppled the Affordable Care Act.

Yet courts apply severability reflexively, never demanding justification for its destructive treatment. Scholars, meanwhile, assiduously debate the particulars of …

Copyright's Illogical Exclusion Of Conceptual Art That Changes Over Time, Zahr K. Said

Articles

This Essay argues that copyright illogically excludes conceptual art from protection on the basis of fixation, given that well-settled case law has interpreted the fixation requirement to reach works that contain certain kinds of change so long as they are sufficiently repetitive to be deemed permanent. While conceptual art may perhaps be better left outside the scope of copyright protection on the basis of its failure to meet copyright’s other requirements, this Essay concludes that fixation should not be the basis on which to exclude conceptual art from protection.

There are of course both normative and descriptive questions around the …

Patented Electric Guitar Pickups And The Creation Of Modern Music Genres, Sean M. O'Connor

Articles

This Essay provides an overview of how patents played a core role in developing world-changing musical genres. This may be surprising, as normally copyright law is associated with incentivizing advances in the creative arts. But as this Conference’s theme [The IP Platform: Supporting Invention and Inspiration] and presentations emphasize, the whole range of intellectual property (“IP”), especially when viewed as a platform, supports innovation across the spectrum of human ingenuity and creativity.

This Essay is also intended to be read in conjunction with a viewing of the live-music demonstration of how pickups transformed popular music, delivered at the Conference and …

The Risks Of Clouded Property Title For Cannabis Business Owners, Investors, And Creditors, Sean M. O'Connor, Jason Liu

Articles

This Article provides a brief primer on the surprising range of assets that the Controlled Substances Act forfeiture provisions govern for the state-legal cannabis businesses. It outlines these provisions for tangible as well as intangible property, with an emphasis on risks to state-legal cannabis businesses’ intellectual property and issued securities.

We argue that these forfeiture risks create clouded title for all subject tangible and intangible property—not only for the state-legal businesses and their proprietors, but also for those businesses’ outside investors, creditors, and suppliers/contractors.

The Revival Of Climate Change Science In U.S. Courts, William H. Rodgers, Jr., Andrea K. Rodgers

Articles

Science never has been the obstacle to the recognition of climate change. Since Arhennius did his original calculations in 1896, the scientific world was quite aware of the prospect that industrial-age levels of carbon dioxide pollution would result in increasing global temperatures and acidification of the world’s oceans. The brilliant—and striking—graphical display that we know today as the Keeling Curve started in 1957, and year after year it records the relentless upward march of these atmospheric pollutant loadings.

Through the years, necessarily, a vast number of scientific warnings, publications, findings, and predictions would be offered to the public at large, …

Judicial Wisdom Or Patent Envy? The Eleventh, Seventh And Federal Circuits’ Patent Jurisdictional Battle, Xuan-Thao Nguyen

Articles

This article observes a startling new appellate jurisdictional battle waged by regional circuit courts to chip away the Federal Circuit's exclusive jurisdiction in patent cases. The Eleventh Circuit took an unprecedented step by engaging in patent claim construction and infringement under literal infringement analysis and the doctrine of equivalents analysis. In a case of first impression, the Eleventh Circuit asserted that it legitimately has appellate jurisdiction to decide cases involving substantive patent law. Instead of grabbing jurisdiction, the Seventh Circuit, through its Chief Judge, grabbed public attention by advocating for the abolishment of the Federal Circuit's exclusive jurisdiction over patent …

"The More Things Change . . .": New Moves For Legitimizing Racial Discrimination In A "Post-Race" World, Mario L. Barnes

Articles

No abstract provided.

Privacy, Public Disclosure, Police Body Cameras: Policy Splits, Mary D. Fan

Articles

When you call the police for help—or someone calls the police on you—do you bear the risk that your worst moments will be posted on YouTube for public viewing? Police officers enter some of the most intimate incidences of our lives—after an assault, when we are drunk and disorderly, when someone we love dies in an accident, when we are distraught, enraged, fighting, and more. As police officers around the nation begin wearing body cameras in response to calls for greater transparency, communities are wrestling with how to balance privacy with public disclosure.

This Article sheds light on the balances …

Regulating Unicorns: Disclosure And The New Private Economy, Jennifer S. Fan

Articles

“Unicorns” are private companies with valuations of a billion dollars or more. As their name indicates, unicorns were originally so rare as to be almost mythical. But Uber and other technology companies have ushered in a new era: we now have a blessing of unicorns, each one of which has the potential to transform financial and cultural norms.

Yet from a legal perspective, these behemoths are regulated just like their much smaller, non-mythical counterparts. Unicorns’ dizzying valuations have not been matched with any expansion or recalibration of regulation. As a result, vital information about these companies remains secret, perhaps for …

Actic Law & Policy Year In Review: 2015, Craig H. Allen, Bridgette J. Cooper, Adam Murray

Articles

A review of significant legal developments affecting the Arctic, including treaties and other international agreements; actions by the U.S. Congress, President, and other federal agencies; developments from the European Union and ten foreign countries; and several international organizations. Also addressed are themes including arctic marine shipping; indigneous residents; marine resources; military activities; polar icebreakers; pollution prevention, response, and liability; and scientific research.

The Secession Of The Successful: The Rise Of Amazon As Private Global Consumer Protection Regulator, Jane K. Winn

Articles

In 2005, the Americans for Fair Electronic Commerce Transactions (“AFFECT”) coalition issued a list of 12 principles it hoped would contribute to a new consensus about what constitutes fairness in online consumer transactions. A decade later, a cursory review of different jurisdictions indicates that, while there has been little discernable progress in the direction of the principles in the United States, other jurisdictions such as the European Union have made more progress.

However, the one jurisdiction in the world that comes closest to implementing all 12 principles across the full spectrum of consumer transactions is not a government at all, …

Until The Client Speaks: Reviving The Legal-Interest Model For Preverbal Children, Lisa Kelly, Alicia Levezu

Articles

This article seeks to revive and develop further the concept of legalinterest advocacy, which was first introduced by the American Bar Association in 1996. This overlooked model offers a workable alternative to both the best-interest and substituted-judgment representation models for preverbal clients. Through legal-interest advocacy, attorneys for preverbal children are charged with ensuring that the many rights given to infants are enforced, while withdrawing from attorneys the ability to impose their values on the child client. This article outlines how legal-interest advocacy representation can ensure that a child's legal rights are protected and preserved until the child client can speak …

Why Law Matters, Kellye Y. Testy

Articles

Presidential address given at the Association of American Law Schools annual meeting, Jan. 9, 2016.

Genetic Diversity And Population Structure Of Brassica Oleracea Germplasm In Ireland Using Ssr Markers, Mohamed El-Esawi, Paula Bourke, Renee Malone, Kieran Germaine

Articles

The most economically important Brassica oleracea species is endangered in Ireland, with no prior reported genetic characterization studies. This study assesses the genetic diversity, population structure and relationships of B. oleracea germplasm in Ireland using microsatellite (SSRs) markers. A total of 118 individuals from 25 accessions of Irish B. oleracea were genotyped. The SSR loci used revealed a total of 47 alleles. The observed heterozygosity (0.699) was higher than the expected one (0.417). Moreover, the average values of fixation indices (F) were negative, indicating excess of heterozygotes in all accessions. Polymorphic information content (PIC) values of SSR loci ranged from …

E-Cigarettes: Effective Cessation Tools Or Public Health Threat?, Luke Clancy, Kate Babineau

Articles

In a short time, electronic cigarettes have become a multi-billion dollar industry. Since their introduction to the market, prevalence of ever-use among smokers in the USA appears to have increased from 2% in 2010 to >30% in 2012, and the rate of increase appears to be similar in the United Kingdom, Ireland and other Western countries according to a special Eurobarometer survey in 2014.1 The e-cigarette market is estimated to be worth over $3 billion. However, there is no consensus on the role of e-cigarettes and their contribution to the provision of smoking cessation (SC) services, nor to global tobacco …

Views Of Fathers In Ireland On The Experience And Challenges Of Having A Breast-Feeding Partner, Annemarie Bennett, Daniel Mccartney, John Kearney

Articles

Objective this study investigated the relationship between fathers and breast feeding in Ireland.

Design and method a cross-sectional semi-quantitative questionnaire with closed-ended and open-ended questions was posted to 1398 men with an Irish partner who had given birth 4–7 months previously. Fathers who specified that their partner breast fed their last or only child were questioned about their: influence on the breast feeding decision; ability to assist with breast feeding challenges; preferred type of information on breast feeding; perceived advantages and disadvantages to breast feeding; and views on breastfeeding in public. Data from closed-ended questions on breast feeding were presented …

Influence Of Ionic Liquids On The Selectivity Of Ion Exchange-Based Polymer Membrane Sensing Layers, Lukasz Mendecki, Nicole Callan, Meghan Ahern, Benjamin Schazmann, Aleksandar Radu

Articles

The applicability of ion exchange membranes is mainly defined by their permselectivity towards specific ions. For instance, the needed selectivity can be sought by modifying some of the components required for the preparation of such membranes. In this study, a new class of materials –trihexyl(tetradecyl)phosphonium based ionic liquids (ILs) were used to modify the properties of ion exchange membranes. We determined selectivity coefficients for iodide as model ion utilizing six phosphonium-based ILs and compared the selectivity with two classical plasticizers. The dielectric properties of membranes plasticized with ionic liquids and their response characteristics towards ten different anions were investigated using …

Highly Efficient F, Cu Doped Tio2 Anti-Bacterial Visible Light Active Photocatalytic Coatings To Combat Hospital-Acquired Infections, Nigel S. Leyland, Joanna Podporska-Carroll, John Browne, Steven J. Hinder, Brid Quilty, Suresh Pillai

Articles

Bacterial infections are a major threat to the health of patients in healthcare facilities including hospitals. One of the major causes of patient morbidity is infection with Staphylococcus aureus. One of the the most dominant nosocomial bacteria, Methicillin Resistant Staphylococcus aureus (MRSA) have been reported to survive on hospital surfaces (e.g. privacy window glasses) for up to 5 months. None of the current anti-bacterial technology is efficient in eliminating Staphylococcus aureus. A novel transparent, immobilised and superhydrophilic coating of titanium dioxide, co-doped with fluorine and copper has been prepared on float glass substrates. Antibacterial activity has demonstrated (by using Staphylococcus …

Characterisation Of Strip Silicon Detectors For The Atlas Phase-Ii Upgrade With A Micro-Focused X-Ray Beam, L. Poley, A. Blue, R. Bates, I. Bloch, S. Diez, J. Fernandez-Tejero, C. Fleta, B. Gallop, B. Greenall, I.M. Gregor, K. Hara, Y. Ikegami, C. Lacasta, K. Lohwasser, D. Maneuski, S. Nagorski, I. Pape, P.W. Phillips, D. Sperlich, K. Sawhney

Articles

The planned HL-LHC (High Luminosity LHC) in 2025 is being designed to maximise the physics potential through a sizable increase in the luminosity up to 6centerdot1034 cm−2s−1. A consequence of this increased luminosity is the expected radiation damage at 3000 fb−1 after ten years of operation, requiring the tracking detectors to withstand fluences to over 1centerdot1016 1 MeV neq/cm2. In order to cope with the consequent increased readout rates, a complete re-design of the current ATLAS Inner Detector (ID) is being developed as the Inner Tracker (ITk).

The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman

Articles

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …

Legal Capacity For All: Including Older Persons In The Shift From Adult Guardianship To Supported Decision-Making, Rebekah Diller

Articles

For the last several decades, guardianship has been the subject of continual calls for reform, often spurred by revelations of guardian malfeasance and other abuses in the system. Recent developments in international human rights law pose a more fundamental challenge to the institution. Under Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), governments may not deprive individuals of their “legal capacity”—or right to make decisions and have those decisions recognized as legally binding—on the grounds of disability. In the wake of the CRPD, the concept of supported decision-making has gained growing acceptance as …

Panel 3: Litigation Funding As A Tool For Collective Actions And Arbitrations, Anthony J. Sebok

Articles

The article explores innovative models of litigation funding, particularly third-party financing, and their implications for access to justice and legal efficiency. It examines how different jurisdictions, such as Quebec and Australia, have implemented funding mechanisms to address gaps in legal representation and the challenges of aggregating claims. The analysis highlights the potential benefits of these models, including increased access to justice and economic efficiency, while also addressing concerns about legitimacy, corruption, and systemic biases.

The Entrepreneurial Commons: Reframing The Relationship Between Intellectual Property And Entrepreneurship, Michael J. Burstein

Articles

Reconceptualizing entrepreneurial activity as a knowledge commons leads us to ask a different set of questions than previous studies have, and to utilize a different set of methodological tools. As Part II described, existing approaches to understanding the relationship between IP and entrepreneurship focus on the firm and its reactions to various IP laws. By contrast, to the extent that the exemplar entrepreneurial activities described in Part III can be described as instances of commons governance, the analysis must necessarily be broader. The knowledge commons framework forces us to acknowledge that much of information production and dissemination depends on relationships …

The Moral Psychology Of Copyright Infringement, Christopher Buccafusco, Dave Fagundes

Articles

Numerous recent cases illustrate that copyright owners sue for infringement even when an unauthorized use of their work causes them no economic harm. This presents a puzzle from the perspective of copyright theory as well as a serious social problem, since infringement suits designed to remedy non-economic harms tend to stifle rather than encourage creative production. While much scholarship has critiqued copyright’s economic theory from the perspective of authors’ incentives to create, ours is the first to explore this issue from the perspective of owners’ motivations to sue for infringement. We turn to moral psychology, and in particular to moral …

Innovation Heuristics: Experiments On Sequential Creativity In Intellectual Property, Stefan Bechtold, Christopher Buccafusco, Christopher Jon Sprigman

Articles

All creativity and innovation build on existing ideas. Authors and inventors copy, adapt, improve, interpret, and refine the ideas that have come before them. The central task of intellectual property (IP) law is regulating this sequential innovation to ensure that initial creators and subsequent creators receive the appropriate sets of incentives. Although many scholars have applied the tools of economic analysis to consider whether IP law is successful in encouraging cumulative innovation, that work has rested on a set of untested assumptions about creators’ behavior. This Article reports four novel creativity experiments that begin to test those assumptions. In particular, …

Using Architecture Design Studio Pedagogies To Enhance Engineering Education, Shannon Chance, John Marshall, Gavin Duffy

Articles

Problem-Based Learning pedagogies that require high levels of inquiry and hands-on engagement can enhance student learning in engineering. Such pedagogies lie at the core of studio-based design education, having been used to teach architects since the Renaissance. Today, design assignments and studio-based learning formats are finding their way into engineering programs, often as part of larger movements to implement Student-Centered, Problem-Based Learning (PBL) pedagogies. This spectrum of pedagogies is mutually supportive, as illustrated in the University of Michigan’s SmartSurfaces course where students majoring in engineering, art and design, and architecture collaborate on wickedly complex and ill-defined design problems. In SmartSurfaces …

A Different Type Of Lighting Research: A Qualitative Methodology, Kevin Kelly

Articles

As lighting researchers we can learn from our colleagues in the humanities who have progressed Qualitative Research methods to a high level of rigour. We should consider using Qualitative Research Methods more. Such methods allow exploration of complex issues involving human behaviour and facilitate researchers to address difficult to answer questions that otherwise go unanswered. Good quality Qualitative Research can provide rich explanations of what went on in a given situation. Validity and Reliability are considered differently with this type of research methodology. This paper attempts to identify when qualitative research is appropriate, what questions it can answer in lighting …

Gravity As An Ultra-Low Frequency Scattering Efect, Jonathan Blackledge

Articles

Under the weak gravitational field appromination and for the 00-component of the stress-energy tensor, Einstein's field equations for the gravitational potential. By considering Newton' field equation to be the result of an ultra-low frequency scattering effect (in the limiting) case, this work introduces a model where gravitational field is taken to be the result of an ultra-low frequency gravitational wave (propagating in a near-Cartesian Minkowski space) scattering from an object (a mass)