Digital Commons Network^™

Medical Recovery Services, Llc V. Gepford Appellant's Reply Brief 2 Dckt. 47208

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Vol.47 N.33 March 5th 2020, Voice Media Ventures

Black Voice News

No abstract provided.

Medical Recovery Services, Llc V. Gepford Appellant's Reply Brief 1 Dckt. 47208

Idaho Supreme Court Records & Briefs, All

No abstract provided.

Sharing Art With Others, Jonathan Scott

University of Mississippi News

No abstract provided.

It's Scandalous! -- Limiting Profane Trademark Registrations After "Tam" And "Brunetti", Gary Myers

Journal of Intellectual Property Law

Over the course of the last two years, the Supreme Court has engaged in a long-overdue assessment of the constitutionality of federal trademark law prohibitions on the registration of offensive marks. In its unanimous 2017 decision in Matal v. Tam, the Court held that the disparagement clause is a content-based provision that violates the First Amendment. In 2019, the Court in Iancu v. Brunetti held that the refusal to register the mark “FUCT” on grounds that it was immoral or scandalous would also violate the First Amendment. These cases offered an opportunity for the Court to clarify the proper role …

Daily Eastern News: March 03, 2020, Eastern Illinois University

March

No abstract provided.

Teaching Justice-Connectivity, Michael Pinard

Louisiana Law Review

The author proposes the teaching model which he calls Justice-Connectivity, which will help build in law students the foundation to recognize the various systems, institutions and conditions of their clients, as well as the residents of the communities around law schools.

Engaging Students In Systemic Change: The Role Of Louisianalaw School Clinics In The State’S Criminal Justice Reformmovement, Robert Lancaster, Maris Mattes

Louisiana Law Review

The article discusses the role of three Louisiana law school clinics in the state's criminal justice reform movement.

Investing In Community: A Playbook For Connecting Economic And Skills Development, Timothy J. Bartik, Brad J. Hershbein, Michelle Miller-Adams, Lee Adams, Amy Meyers, Bridget Timmeney

Reports

No abstract provided.

Drones: Where Does The National Airspace System Start?, Jason T. Lorenzon J.D.

National Training Aircraft Symposium (NTAS)

Unmanned Aerial Systems (UAS), Unmanned Aeronautical Vehicles (UAV), drones and Personal Aerial Vehicles (PAV) constitute the greatest technological advancement since the jet age. (Elaine Chao, Secretary of Transportation, October 26, 2017) This technological advancement has prompted significant public policy challenges and the need for new laws regarding navigable airspace. This proposal investigates how airspace used by drones will evolve given existing Constitutional and common law principals. These principals will influence the creation, development and modification of UAS airspace regulations by the Federal Aviation Administration (FAA).

Two critical but unanswered questions concerning the National Airspace System, are where does navigable airspace …

Vol. 58, No. 08 (March 2, 2020)

Indiana Law Annotated

No abstract provided.

Note: Law And Technology: Online Legal Services That Help Bridge The Access-To-Justice Gap, Katelyn N. Ringrose

Notre Dame Journal on Emerging Technologies

This note explores various pro bono technologies available on the legal market as well as looks to how firms will conduct pro bono work in the future and what the drivers of change are within the industry. Addressing barriers to adopting certain technological offerings, as well as how those offerings can and should be evaluated, is important to finding aspects of legal technologies that can aid in solving legal problems. This note, in Part I, looks at the disruptive nature of online legal technologies before turning to state-specific reporting requirements, which sets the stage for how many hours are required …

March 2020 Newsletter, Haworth College Of Business

Haworth College of Business News

WMU researcher says women entrepreneurs use grit, resilience to achieve profitable growth

Alumna makes empowering others a lifestyle

Stepping up and giving back

MBA student takes the leap

Call for class notes and alumni bloggers

Amjambo Africa! (March 2020), Kathreen Harrison

Amjambo Africa!

In This Issue...

Why participate in the Census ..p. 4

City Announces Expo Grants .....p. 6

Justice for Women.......................p. 9

Fulbright Scholar Escajeda .........p. 9

Portland Adult Ed .....................p. 11

English Classes...........................p. 14

Musician Angelikah Fahray.......p. 19

The Paper Chase: Should The Principles Of Contract Law Govern Erisa Section 302?, Max Birmingham

Hofstra Labor & Employment Law Journal

No abstract provided.

Analysis Of Essential Programs And Services Components: System Administration, James E. Sloan, Amy F. Johnson Phd, Sharon Gerrish

System Administration

The purpose of this report is to provide data analysis and recommendations for the System Administration component within Maine’s Essential Programs and Services (EPS) education cost model. The System Administration component is intended to ensure sufficient funding for the overall oversight of school districts. It includes costs for district-wide staff such as superintendents, human resources personnel, business managers, and associated support staff. System Administration also incorporates Board of Education costs. It does not include costs for direct administration of schools or programs; funding for school administration (i.e. principals) is allocated within a separate staff ratio component of the EPS model. …

How Should We License Lawyers?, Cassandra Burke Robertson

Fordham Law Review

What would a licensing regime designed around client protection look like? This Article proposes that it would include a narrower but more active judicial role. A one-size-fits-all exam would no longer control entry into the profession. The state judiciary would not be the gatekeeper for the entire legal profession; instead, its licensing role would focus on those attorneys who represent individual clients in court and those who manage client funds. But for this subset of lawyers, state judges should take a larger and more active role in overseeing the transition from student to advocate and should require greater practice readiness …

The Trauma Of Trump's Family Separation And Child Detention Actions: A Children's Rights Perspective, Jonathan Todres, Daniela Villamizar Fink

Washington Law Review

In April 2018, the Trump Administration publicly announced a new zero-tolerance policy for illegal entries at the U.S. border. This action kicked off a wave of family separations that made headlines and drew criticism from around the globe. Despite resounding condemnation of these actions, the Trump Administration defended its family separation policy as a “tough deterrent.” At least 2,600 families were torn apart in the ensuing months. And subsequent reports—from both the government and others—have detailed widespread abuses of and substandard conditions for children held in detention centers. The consequences of these separations and the maltreatment of children in detention …

Fostering And Assessing Law Student Teamwork And Team Leadership Skills, Neil Hamilton

Hofstra Law Review

Skills of teamwork and team leadership are foundational for many types of law practice, but how much instruction, supervised experience, assessment, and guided reflection on these two skills did each reader as a law student receive? Law schools' formal curricula, in the author's experience, historically have not given much attention to the development of these skills. There also has been little legal scholarship on how most effectively to foster law students' growth toward later stages of teamwork and team leadership. Legal education must do better.

What is the next step for the 58 law schools that have adopted a learning …

The Case For Leadership Coaching In Law Schools: A New Way To Support Professional Identity Formation, Susan R. Jones

Hofstra Law Review

No abstract provided.

Remutualization, Erik F. Gerding

Cornell Law Review

This Article explores how returning to common law or traditional approaches to financial institution governance can inform and improve a range of financial reforms. In particular, this Article seeks to revive the use of organizational form as a tool of financial regulation. Very old varietals, including partnerships and mutual companies, decanted in new bottles can promote financial stability, lower incentives for excessive risk-taking by financial intermediaries, provide mechanisms to police their market conduct, and better align their incentives with the interests of their customers and consumers.

A Fiduciary Judge's Guide To Awarding Fees In Class Actions, Brian T. Fitzpatricj

Fordham Law Review

It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The answer is to award fees the same way rational class members would want if they could do it on their own. In this Essay, I draw on economic models and data from the market for legal representation of sophisticated clients to describe what these fee practices should look like. Although more data from sophisticated clients is no doubt needed, what we do …

Automation In Moderation, Hannah Bloch-Wehba

Faculty Scholarship

This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.

In fact, however, the …

Extraterritorial Rights In Border Enforcement, Fatma Marouf

Faculty Scholarship

Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial reach of constitutional rights. Policies that keep asylum seekers in Mexico, expand the use of expedited removal, and encourage the cross-border use of force require courts to determine whether noncitizens who are physically outside the United States, or who are treated for legal purposes as being outside even if they have entered the country, can claim constitutional protections. This Article examines a small but growing body of cases addressing these extraterritoriality issues in the border enforcement context, focusing on disparities in judicial analyses that have resulted in …

Reasoned Decision-Making For Ethics Regulation, John S. Dzienkowski, John M. Golden

Fordham Law Review

Many lawyers and scholars have criticized the ethics rules developed by the organized legal profession to regulate the practice of law. Complaints about processes for generating new ethics rules and ethics opinions interpreting ethics rules commonly reflect concerns about failures to engage in reasoned decision-making. Rationales for the proposed rules or the opinions proffered by bar associations, courts, or agencies are often incomplete or inadequately supported, and one must imagine that the quality of resulting rules or their interpretations often suffers. We argue that administrative law provides a model for how courts can address such concerns—a model that courts, both …

Judge's And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Et Al.

Fordham Law Review

Drawing on original data from a cross-jurisdictional investigation of the civil justice landscape, this Article shows how some judges—mired in the pro se crisis—are relying on a shadow network of nonlawyer professionals to substitute for the role counsel has traditionally played. Focusing on domestic violence courts as the primary illustration, we find that even in jurisdictions not currently contemplating regulatory reform, judges are relying on organized nonlawyer actors to prepare pleadings, offer substantive and procedural information to litigants, and provide counseling services. These nonlawyer advocates play a significant role in shaping the facts and arguments presented to the judge, which …

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

North Carolina Journal of Law & Technology

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo.1 This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad2 and Alice3 have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …

Term Asset-Backed Securities Loan Facility, Federal Reserve System: Federal Reserve Bank Of New York

Documents

No abstract provided.

In Pursuit Of Economic Justice: The Political Economy Of Domestic Violence Laws And Policies, Deborah M. Weissman

Utah Law Review

Violence experienced within the family — perhaps the most intimate of all social arrangements — causes devastating consequences. Recent phenomena, including accounts of perpetrators of mass shootings with a history of domestic violence and the #MeToo movement, have called new attention to the costs and consequences of violence against women. Intimate violence wreaks havoc extending beyond the private spaces of the household, thereupon to lay bare the structural shortcomings of public institutions.

The act of domestic violence enters the public imagination principally as an offense of physical abuse. It is more complicated. In fact, intimate partner violence (IPV) is often …

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

Articles & Chapters

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …