Digital Commons Network^™

A Shareholder’S Guide To Blowing Up 100 Years Of Delaware Corporate Law: Intellectual Property And Corporate Governance After Delaware Senate Bill No. 313, Avery C. Hill

Journal of Intellectual Property Law

This note examines the intersection between shareholders agreements and intellectual property ownership in Delaware corporations after Delaware Senate Bill No. 313. Delaware corporate governance law has created extensive statutory and case law balancing the competing interests of corporate actors. The board of directors maintains an exclusive right to manage the affairs of a corporation, unless otherwise provided in the certificate of incorporation. Delaware law defers to director’s management authority through the business judgement rule, but fiduciary duties govern a director’s responsibly to shareholders. Shareholders maintain rights such as voting for the board of directors, receiving distributions, and selling shares, but …

Victims’ Rights Or The Public’S Right To Know: Rethinking The Boundaries Of The Right Of Publicity In True Crime, Millicent F. Dye

Journal of Intellectual Property Law

Advancements in technology and the development of new online platforms have paved the way for true crime to become one of the most popular genres today. While some believe true crime content is akin to news reporting, others have raised ethical concerns and believe that victims’ identities should be protected by a right of publicity.  The key is to find a balance between protecting victims and protecting free speech. This Note explores the right of publicity laws in a select few countries and addresses the shortcomings of the current approaches. This Note asserts that certain true crime content must be …

Unplugging The Federal Right Of Publicity: Why Existing Laws Can Protect Artists Without A Federal Right Of Publicity, Ashley L. Burgess

Journal of Intellectual Property Law

The rapid rise of artificial intelligence(AI)in music creation has sparked concern over how the rights of artists can remain adequately protected from unauthorized uses of their voices, likeliness, and stylistic elements. A popular proposed solution to this complex problem is the creation of a federal right of publicity. Proponents of this solution stress that it would provide artists with a unified legal framework to better protect the commercialized use of their identity.

This paper argues that a federal right of publicity is neither necessary nor the most efficient solution to address the challenges posed by AI music. A federal right …

No Patent Attorney In Their Right Mind: How Jepson Claims Clarify Subject Matter Eligibility Post-Mayo, Jared M. Brown

Journal of Intellectual Property Law

Patent practitioners have gradually shelved Jepson claims for four decades. In those four decades, Supreme Court patent subject matter eligibility jurisprudence has taken a roller-coaster ride from an ancient point-of-novelty approach through the days of Diamond v. Diehr and back to a modernized arguably point-of-novelty-focused approach again in Mayo and Alice. In the absence of congressional action, the Federal Circuit has been left to deal with the aftermath. The inventive landscape—particularly with regard to biotech and software—is shifting fast, and our patent scheme is struggling to keep up.

In the case of software inventions, the Federal Circuit has largely …

Patents In Paradise: The Evolution Of Patent Law In The Cayman Islands, Andrew W. Torrance, Andrew P. Morriss, Lisa C. Friedman

Journal of Intellectual Property Law

This study examines the Cayman Islands’ unique position in the global intellectual property (IP) landscape, contrasting its success as an exporter of financial and legal services with the inherently domestic nature of patent protection. We hypothesize that due to this limitation, the Cayman Islands functions as a strategic, cost-effective jurisdiction for augmenting patent protection initially obtained elsewhere. Our research provides the first comprehensive analysis of Caymanian patents, and through a quantitative examination of patent family data—including filing trends, economic valuation, geographic distribution, and assignee profiles—we find strong empirical evidence to support this thesis.
Our findings reveal a disproportionate presence of …

Toward A Transformative Fair Use Standard After Warhol, Sangwook Park

Journal of Intellectual Property Law

The Supreme Court’s 2023 decision in Andy Warhol Foundation v. Goldsmith narrowed the transformative fair use inquiry but left unresolved where derivative adaptation ends and genuine transformation begins. This article proposes that the Purpose-Expression Shift (PES) Framework can supply that missing line, a dual-pronged standard rooted in § 107(1) that asks (1) whether the secondary work serves a purpose meaningfully different from the original and (2) whether its expressive alterations are tailored to realize that new purpose. Mapping two decades of case law onto a four-quadrant matrix, this article shows how the PES Framework can predict outcomes under first factor …

The Transatlantic Clinical Trial Transparency Gap, Gabriela Lenarczyk

Journal of Intellectual Property Law

Clinical trial data occupy a contested space between private commercial assets and public goods. While the United States Food and Drug Administration (FDA) has historically shielded these data through expansive trade-secret interpretations, the European Union (EU) has adopted a more open disclosure regime. This Article compares the two regimes and traces how the EU’s two-decade journey toward transparency has become a key reference for researchers and advocates of open data-sharing.

Focusing on EU practices—targeted redactions, time-bound access, granular disclosure guidelines—the paper shows that U.S. objections to broader transparency often rest on overstated concerns about competitive harm. A Filspari (sparsentan) case …

The Free Content Illusion, Jonathan M. Barnett

Journal of Intellectual Property Law

Conventional scholarly wisdom tends to discount the importance of copyright as a tool for delivering remuneration to the artists that sustain the digital creative ecosystem or as an enabling mechanism that facilitates the licensing, distribution, and financing transactions that constitute the economic infrastructure of the media and entertainment industries. This position runs counter to the evolution of digital content markets, which have experienced renewed investment and growth concurrently with the development of technological tools that have enabled content owners to correct for the “copyright deficit,” regulate access, and extract payment from platforms and users. This result conforms to standard economic …

Science And Poetry: A View From The Divide, Alison Hawthorne Deming

Creative Nonfiction Magazine

No abstract provided.

Action De Grace, Madison Smartt Bell

Creative Nonfiction Magazine

No abstract provided.

Rapid Ascent: Rocky Mountain National Park In The Great Acceleration: 1945-Present, Mark Boxwell

Rocky Mountain National Park

A Master's Thesis asserting that wat-time technologies cheap fossil fuels, and a culture of techno-optimism—epitomized by the Mission 66 development program—helped foster a “Great Acceleration” of human alterations of Earth’s natural systems.

Rocky Mountain National Park; Institute of Arctic and Alpine Research; Roaring River; La Poudre Pass; Left-hand Reservoir; Lake Isabelle; Mount. Ida Ridge Pond.

The Politics Of Solitude: Listening To Environmental Change In Rocky Mountain National Park, 1945-Present, Mark Boxwell

Rocky Mountain National Park

A telling of the history of mechanical nose's proliferation in RMNP and people's reactions to tourist and their machines.  A sensory and environments history of the park.

Rocky Mountain National Park; Boxwell, Mark; Smith, Mark; Marx, Leo; Sutter, Paul; Coates, Peter; Estes Park; McNeill; Crutzen, Paul ;Nash, Roderick; Brooks Range; Darling, Fraser; Echhorn, Noel; Harvey, Mark; Wilderness Act; Abbey, Edward; Mooney, David; Estes Park Trail Gazette; Estes Park Board of Trustees; Estes Park Airport Committee; Love, John Arthur; Beau; Lucas; Bussey, Woodrow; Federal Aviation Administration; Louter, David; Black, Brian; Eisenhower, Dwight; Drury. Newton; Mission 66;

Final Report To The National Park Service - Colorado State University Cooperative Studies Unit: Vegetational History Of Rock Mountain National Park, Scott Elias, Harvey Nichols

Rocky Mountain National Park

The principal question addressed in this study concerns whether or not the current subalpine ecosystem boundaries are in equilibrium with modern climate, or whether they owe some part of their present distribution to past conditions which no longer exist, and are therefore unusually vulnerable to contemporary damage.

Rocky Mountain National Park: A History, C W. Buccholz

Rocky Mountain National Park

Rocky Mountain National Park: A History is more than just the story of Rocky Mountain in its brief tenure as a national park. Its scope includes the earliest traces of human activity in the region and outlines the major events of exploration, settlement, and exploitation. Origins of the national park idea are followed into the recent decades of the Park's overwhelming popularity. It is a story of change, of mountains reflecting the tenor of the times. From being a hunting ground to becoming ranchland, from being a region of resorts to becoming a national park, this small segment of the …

Yafo, Ha-Te‘Uda Ha-Aduma Street: Remains Of The Al-Hureish Neighborhood From The Late Ottoman Period And British Mandate Era / יפו, רחוב התעודה האדומה: שרידי שכונת אל־הורייש משלהי התקופה העות'מאנית וימי המנדט הבריטי, Ayelet Dayan, Yoav Arbel

Qadum: Journal of Excavation Reports from Israel

The excavation at the corner of Yehuda Ha-Yamit and Ha-Te‘uda Ha-Aduma Streets in Yafo uncovered remains dating to the eighteenth–twentieth centuries CE, including those of the late Ottoman and British Mandate neighborhood of al-Hureish. The earliest construction remains at the site, dated to the second half of the nineteenth century CE, suggest agricultural activity in the area or early residential structures with channels installed for drainage. This construction was later disrupted by a wall, possibly part of the eastern wall of the al-Hureish neighborhood, built in a subsequent phase. The main significance of the excavation was the al-Hureish neighborhood, founded …

System And Method For Preventing Insider Fraud Using Change-And-Revert Pattern Detection In Sensitive Banking Fields, Alok Roy

Defensive Publications Series

The present disclosure relates to a technique for preventing insider fraud using change-and-revert pattern detection in sensitive banking fields. The technique includes a monitoring framework configured to detect alterations to protected customer identity fields, such as mobile numbers and email addresses, recovery contact, card details, communication preference, or authentication identifiers. An audit trigger logs modification events, capturing details such as old and new values, timestamps, and user identifiers. A change data capture service continuously polls these logs to identify changes and activate cooling-off periods and transaction restrictions upon detection. The policy enforcement module invokes these restrictions, while the fraud pattern …

Skrmetti And The Problem Of Incidental Intent, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

Adolph Michelin V. Warden Moshannon Valley Correctional Center

2026 Decisions

USDC for the Western District of Pennsylvania

Sherice Sargent V. School District Of Philadelphia

2026 Decisions

USDC for the Eastern District of Pennsylvania

Experiences Of Stigma And Barriers To Care Among Transgender And Gender Expansive Populations Seeking Mental Healthcare, Amanda Veldorale-Griffin, Elizabeth Banks, Elizabeth Patrick, Judith Cannon, Caidan Thomas Smith

Marriage and Family Therapy Faculty Articles and Research

Transgender and gender expansive (TGGE) people experience increased risk for mental health issues and suicidality, as well as significant barriers to mental healthcare, due to stigma and discrimination, including from mental healthcare providers. A sample of 945 TGGE participants completed self-report surveys, measuring experiences of stigma and barriers to care, and counselor competence. Data were divided into two groups by age and analyzed through linear regressions and one-way ANOVAs. Across groups, participants (approximately 58% of younger participants and 49% of older participants) reported experiencing stigma from a healthcare provider, and all reported some barriers to care, with more than half …

February 2 Elections, Census & Redistricting Update, Jeffrey M. Wice

Elections, Census & Redistricting Updates

No abstract provided.

Sjsu Erfa Board Minutes, February 2, 2026, San Jose State University, Emeritus And Retired Faculty Association

SJSU ERFA Minutes

SJSU ERFA Executive Board Minutes February 2, 2026

Vol. 70, No. 4 (February 2, 2026)

Indiana Law Annotated

No abstract provided.

Construction Project Performance Research: A Bibliometric, Scientometric, And Qualitative Review (1989–2023), Abdelnaser Abdelhameed, Mohamed S. Yamany, Ahmed Abdelaty, Emad Elbeltagi

Faculty Publications

Despite the significant increase in publications on construction project performance (CPP), there is a deficiency of research that rigorously assesses and synthesizes previous studies to delineate the field’s development, themes, and research gaps. This article employs quantitative and qualitative methodologies to critically evaluate studies on CPP published over the last three decades and indexed in the Scopus database. The quantitative approach includes bibliometric searches and scientometric analyses to assess the extent of research interest and achievements. The qualitative methodology aims to conduct thorough content analysis to classify existing material based on prevalent themes. The results demonstrate an exponential growth of …

Joann Sebastiani V. Westmoreland County

2026 Decisions

USDC for the Western District of Pennsylvania

Usa V. Naim Allen

2026 Decisions

USDC for the District of New Jersey

Joann Sebastiani V. Westmoreland County

2026 Decisions

USDC for the Western District of Pennsylvania

Adolph Michelin V. Warden Moshannon Valley Correctional Center

2026 Decisions

USDC for the Western District of Pennsylvania

Sherice Sargent V. School District Of Philadelphia

2026 Decisions

USDC for the Eastern District of Pennsylvania

Usa V. John Watson

2026 Decisions

USDC for the Middle District of Pennsylvania