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Reichenbach V. Jacin Invs. Corp. Apr 2025

Reichenbach V. Jacin Invs. Corp.

All Decisions

Tenants alleged a fraudulent scheme by landlord to deregulate rent-stabilized units without lawful justification, citing unexplained rent spikes unsupported by Major Capital Improvements (MCIs) or Individual Apartment Improvements (IAIs). Landlord failed to rebut with documentation, triggering the use of DHCR's default formula. Applying recent amendments to the Rent Stabilization Law mandating a return to Thornton and Grimm, the court found a colorable claim of fraud and ruled apartments 2J, 3D, 4C, and 5J were unlawfully deregulated. The court ordered declaratory and injunctive relief, including the issuance of proper rent-stabilized leases. Practice Note: Under amended rent laws, courts may examine the …

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Dissecting The Contribution Of Stmn2 To Als Pathogenesis, Kelsey Krus Apr 2025

Dissecting The Contribution Of Stmn2 To Als Pathogenesis, Kelsey Krus

Arts & Sciences Graduate Student Theses and Dissertations

TDP-43 is required for splicing of Stathmin-2 (STMN2) transcript, so STMN2 is reduced in most ALS patients. TDP-43 does not regulate STMN2 in mice as it does in humans. Thus, mouse models of ALS do not reflect patient loss of STMN2. To test the hypothesis that a reduction in STMN2 contributes to ALS pathogenesis, we generated STMN2 knockout mice. Constitutive STMN2 loss induces an early sensory and motor neuropathy with disrupted motor behavior and dramatic distal neuromuscular junction (NMJ) denervation. This NMJ pathology occurs in fast-fatigable motor units, which are the most vulnerable in ALS. In contrast, motoneurons and axons …

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Faculty Senate Chronicle April 3, 2025, Heather Loughney Apr 2025

Faculty Senate Chronicle April 3, 2025, Heather Loughney

The University of Akron Faculty Senate Chronicle

Minutes for the regular meeting of The University of Akron Faculty Senate on April 3, 2025

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Review Of Perspectives On Good Writing In Applied Linguistics And Tesol, Jennifer E. Eidum Apr 2025

Review Of Perspectives On Good Writing In Applied Linguistics And Tesol, Jennifer E. Eidum

Journal of Response to Writing

No abstract provided.

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Exploring Efl Teachers’ Beliefs About Strategy, Scope And Focus In Written Corrective Feedback, Jiahe Gu, Erhan Aslan Apr 2025

Exploring Efl Teachers’ Beliefs About Strategy, Scope And Focus In Written Corrective Feedback, Jiahe Gu, Erhan Aslan

Journal of Response to Writing

Effective written feedback is crucial to student learning and fostering writing skills. Responding to student writing is a multi-faceted and complex process which requires a more nuanced understanding in second language writing research. This study explored teachers’ beliefs and practices about written feedback may be influenced by a range of factors. Data were collected from four middle-school English teachers in China via stimulated recall tasks and semi-structured interviews reflecting retrospectivly on how and why teachers gave feedback to student writing. Findings revealed intersections between feedback strategy and learner proficiency level; feedback scope and time constraints and teacher workload; and feedback …

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Lists Of Selected Full-Text Databases By Subscription In East Asian Studies, Michiko Ito, Ellie Kim, Jian P. Lee, Anlin Yang Apr 2025

Lists Of Selected Full-Text Databases By Subscription In East Asian Studies, Michiko Ito, Ellie Kim, Jian P. Lee, Anlin Yang

Journal of East Asian Libraries

No abstract provided.

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The Effect Of Nanomorphology As Quantified Via The K‑Index On The Drug Delivery Properties Of Isocyanate-Derived Aerogels, Stephen Y. Owusu, A. B. M. Shaheen Ud Doulah, Vaibhav A. Edlabadkar, Kamden J. George, Chariklia Sotiriou-Leventis Apr 2025

The Effect Of Nanomorphology As Quantified Via The K‑Index On The Drug Delivery Properties Of Isocyanate-Derived Aerogels, Stephen Y. Owusu, A. B. M. Shaheen Ud Doulah, Vaibhav A. Edlabadkar, Kamden J. George, Chariklia Sotiriou-Leventis

Miners Solving for Tomorrow Research Conference

No abstract provided.

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Time-Share Condominiums: Property's Fourth Dimension, David R. Dubord Apr 2025

Time-Share Condominiums: Property's Fourth Dimension, David R. Dubord

Maine Law Review

Time-shared ownership of condominiums is a concept which, though virtually unheard of in this country ten years ago, has now gained a foothold in America's real estate market. Essentially, time-sharing involves the division of ownership of a condominium into a number of fixed time periods during which each purchaser has the exclusive right of use and occupation. While condominium ownership itself is an ancient and well-established method of joint property ownership, what is novel about time-sharing is the division of joint ownership rights into binding periods of exclusive use and possession. The methods of creating time-shared interests are varied and …

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The Constitutionality Of Maine's Real Estate Mortgage Foreclosure Statutes, Kathleen Barry Apr 2025

The Constitutionality Of Maine's Real Estate Mortgage Foreclosure Statutes, Kathleen Barry

Maine Law Review

In Maine, Fuentes v. Shevin caused understandable concern about the constitutionality of the state statutes governing real property mortgage foreclosures. Of the foreclosure procedures existing in 1972, only one provided for impartial determination by a court of the mortgagor's breach of condition. In response to Fuentes, the Maine Legislature in 1975 enacted a straightforward provision for foreclosure by civil action. Although the constitutionality of Maine's pre-1975 foreclosure statutes under the fourteenth amendment has not been litigated, lenders in Maine's largest city have recently abandoned all methods of foreclosure except foreclosure by civil action. Lenders, debtors, and legislators in Maine would …

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Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz Apr 2025

Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz

Maine Law Review

Alan Bakke, an unsuccessful medical school applicant, filed suit challenging the constitutionality of the minority admissions program administered by the Medical School of the University of California at Davis. The practice of reserving sixteen special places for minority students out of a total of 100 positions in the entering class, Bakke contended, constituted a denial of the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution. Bakke's suit afforded the justices of both the California Supreme Court and the United States Supreme Court a unique opportunity to examine the substantive nature of the "equality" …

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The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu Apr 2025

The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

Municipal governments in almost all parts of the country are frequently inclined to exercise their police, spending, and policymaking powers in an impermissibly exclusionary manner. Their objective in many instances is simply to keep population growth and local property taxes down. In Maine these tendencies are very much in evidence. This misuse of local governmental powers is almost totally predicated on a misconception of the status of local governments and the purposes for which they exist. Local governments are not sovereign. They are not independent units of government. They are subunits of state government, creatures of the state analogous to …

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Trademark Expansion As An Avenue To Protect Personal Identity Amidst The Rise Of Deepfake Technology, Abigail Sawyer Apr 2025

Trademark Expansion As An Avenue To Protect Personal Identity Amidst The Rise Of Deepfake Technology, Abigail Sawyer

Journal of Intellectual Property Law

Recent technological advances, often referred to as deepfakes, pose a new legal conundrum. How can individuals protect their identities online? A deepfake is a manufactured image, video, or audio file that appears to attribute words or acts to someone that has never acted in such a manner. Already this technology has been used to extort money and in attempts to spread false information and sway elections. As technology continues to improve, these deepfakes will only become increasingly more convincing. Traditional approaches to identity protection do not address all the various harms or the multi-jurisdictional nature of the harms that deepfakes …

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Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban, Dante Pellegrino Apr 2025

Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban, Dante Pellegrino

Journal of Intellectual Property Law

Trade Secret Laws are vital in the corporate world to protect and encourage corporations to innovate without fear of others profiting from their effort. Is this applicable in other areas as well? This note analyzes the applicability and practicality of Trade Secret Law in College Football coaching through the lens of Kirby Smart, Head Coach at the University of Georgia, and Former University of Alabama Head Coach Nick Saban’s previous professional relationship. Coach Kirby Smart worked under Coach Saban for eleven years. After this, Kirby Smart succeeded as the Head Coach at the University of Georgia. The success and organization …

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The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton Apr 2025

The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton

Journal of Intellectual Property Law

The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be …

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A New Curveball: An Analysis Of The Current Nil Battle That Is Destabilizing The Landscape Of College Athletics, Sierra Hamilton Apr 2025

A New Curveball: An Analysis Of The Current Nil Battle That Is Destabilizing The Landscape Of College Athletics, Sierra Hamilton

Journal of Intellectual Property Law

On June 21, 2023, the Supreme Court unanimously ruled that the NCAA was in violation of antitrust law and found unlawful the organization’s restrictions on education-related benefits schools could offer student-athletes. This ruling marked the official beginning of the Name, Image, and Likeness (NIL) boom throughout college athletics. Presently, the NCAA has failed to develop uniform regulations that conform to the standards set by the Supreme Court and appease the nationwide educational institutions. As a result, states have drafted various bills and laws to regulate NIL contracts throughout their jurisdiction. Foreseeably, this has created an air of uncertainty around NIL …

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The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry, Caleb Graham Apr 2025

The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry, Caleb Graham

Journal of Intellectual Property Law

This paper observes and analyzes the current discussion around the exuberant use of non-compete clauses in the business world by placing a focus on the hospitality industry and why, in an time where we are witnessing the demonization of non-competes it might be prudent to revisit and enhance trade secret laws to make them better equipped to handle the caseload that would inevitably come should non-competes be banned by the FTC. While the near-ban or complete ban of non-competes would certainly affect other industry fields and bodies of law, the hospitality industry is one that has been particularly scrutinized as …

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Bootlegging For The Better: Livestreams And The Music Industry, Delta Pennington Apr 2025

Bootlegging For The Better: Livestreams And The Music Industry, Delta Pennington

Journal of Intellectual Property Law

As online presence has continued to become a more important aspect of everyday, it has become a norm in American Culture to share every aspect of life, including concert attendance. While artists expressed distaste in the past for recording at concerts, there has been a shift by musicians to acceptance of recording at concerts, sometimes being an important form of cheap promotion. Artists that do continue to express distaste for concerts being shared on social media have turned to non-legal remedies to solve their problem. Although there is a remedy available to artists for the livestreaming of concerts through the …

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The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music, Michael L. Menna Apr 2025

The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music, Michael L. Menna

Journal of Intellectual Property Law

This article is guided by two questions: (1) How well does the law actually protect musicians from market exploitation? (2) What new perspectives and legal strategies can better secure their bargaining power and financial wellbeing? Copyright and antitrust are not mutually exclusive in music or in any other industry, yet there are important lessons to be learned from comparing how the musician’s prominence in each doctrine does and doesn’t correlate to what its laws can really do for different members of that creator class. Stakeholders frequently cast copyright as an essential necessity for “everyone in the music industry,” but this …

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Art Wants To Be Free, Brian L. Frye Apr 2025

Art Wants To Be Free, Brian L. Frye

Journal of Intellectual Property Law

What is fair use? In Warhol v. Goldsmith, the Supreme Court held that licensing a painting based on a photograph wasn’t a transformative fair use, because the painting competed with the photograph in the market for images of the same person. This article tells the story of Warhol v. Goldsmith, analyzes the opinion, and explains how it changed copyright doctrine. It also presents a theory of how appropriation artists can use the public domain to insulate themselves from liability for copyright infringement.

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The Role Of Foreseeability In Jurisdictional Inquiry: Tyson V. Whittaker & Son, Inc., Philip M. Coffin Iii Apr 2025

The Role Of Foreseeability In Jurisdictional Inquiry: Tyson V. Whittaker & Son, Inc., Philip M. Coffin Iii

Maine Law Review

When defining the extent of their jurisdiction over nonresident defendants, state courts must be ever mindful of the principle that "all assertions of state-court jurisdiction must be evaluated according to the standards set forth in International Shoe and its progeny. In deciding jurisdictional issues against this background of Supreme Court decisions, many courts have had considerable difficulty in ascertaining the precise extent of the amorphous and discretionary standards set forth in International Shoe and subsequent cases. In the recent decision of Tyson v. Whitaker & Son, Inc., the Maine Supreme Judicial Court was put to this task in deciding whether …

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Tortious Interference With The Expectancy Of A Legacy: Harmon V. Harmon, Paul F. Driscoll Apr 2025

Tortious Interference With The Expectancy Of A Legacy: Harmon V. Harmon, Paul F. Driscoll

Maine Law Review

The decision of the Maine Supreme Judicial Court in Harmon v. Harmon established that a plaintiff has a remedy in damages for tortious interference with the expectancy of a legacy which may be sought prior to the testator's death. The purpose of this Note is to examine the Harmon court's reasoning, the utility of the remedy announced in Harmon in light of pre-existing plaintiffs' remedies, and the potential consequences of that decision. The development of these themes will require an examination of the decisional law background of the Harmon decision and an analysis of the legal status of testamentary expectancies.

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The Dilemma Of Concurrent Coverage: Carriers Insurance Co. V. American Policyholders Insurance Co., Joanne F. Cole Apr 2025

The Dilemma Of Concurrent Coverage: Carriers Insurance Co. V. American Policyholders Insurance Co., Joanne F. Cole

Maine Law Review

Insurance draftsmen responding to consumers' demands for comprehensive automobile liability protection have attempted to create precise, extensive coverage for the insured while at the same time limiting the insurer's liability if possible. One consequence of this effort is that when two or more policies cover the same risk and person and concurrent coverage results, the insurers may attempt to reduce their liability on the grounds that other insurance is available. Insurers achieve this contingent coverage through the device of "other insurance" clauses—a judicially approved means of reducing or avoiding liability if other valid and collectible insurance exists. These clauses originated …

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Securing Solar Access In Maine, Martha Freeman Apr 2025

Securing Solar Access In Maine, Martha Freeman

Maine Law Review

This Comment explores the common law property concepts of nuisance, water law, and easements which arise by operation of law in order to determine the kind and degree of solar access protection they can provide Maine residential users of solar energy. The final section of this Comment proposes an express solar easement by which Maine citizens can create their own enforceable interests in unobstructed sunlight for solar energy use. In highly urbanized areas where space is scarce and already developed, the conflicts between solar energy users and other land and airspace users may be too difficult to resolve. In Maine, …

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Maine's Action To Try Title: A Proposal For Statutory Reform, Eve Hlavatý Cimmet Apr 2025

Maine's Action To Try Title: A Proposal For Statutory Reform, Eve Hlavatý Cimmet

Maine Law Review

Maine law provides three distinct statutory proceedings to try title: the real action, an action at law to quiet title, and an action in equity to quiet title. As the preceding Comment demonstrates, the present statutory scheme preserves outmoded distinctions between law and equity that are functionally obsolete in modern civil practice. Although the statutory law governing actions to try title in most states is, like Maine's, a patchwork product replete with archaic concepts, several other states have consolidated legal and equitable remedies into simple, comprehensive statutory actions. This Comment proposes a similar statute for Maine in the interest of …

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Maine Abortion Statues Of 1979: Testing The Constitutional Limits, Arlyn H. Weeks Apr 2025

Maine Abortion Statues Of 1979: Testing The Constitutional Limits, Arlyn H. Weeks

Maine Law Review

In June of 1979 the 109th Maine Legislature enacted four statutes dealing with abortion. The public and legislative debate on these issues was intense and emotional. Due to the great scope of the subject, this Comment will be limited to discussion of the statutes dealing with informed consent and parental notification, which directly raise issues of individual constitutional rights. The constitutional implications of these two statutes will be examined, and the likely outcome of a constitutional challenge to each will be suggested. Because there are as yet no Supreme Court decisions directly on point for either statute as written, this …

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Maine's Actions To Try Title: A Historical Perspective, Gregory W. Powell Apr 2025

Maine's Actions To Try Title: A Historical Perspective, Gregory W. Powell

Maine Law Review

Actions to try title are commonly used by Maine lawyers to adjudicate real estate title conflicts. Though often time consuming, expensive, and complicated, such actions are necessary in any state that seeks to foster a stable, economically efficient real estate market. Actions to try title have been necessary in all states because no protective statutory scheme for land titles has ever succeeded in eliminating all title defects that interfere with quiet possession or salability. Maine is no exception. Until a more effective statutory scheme for securing titles and restoring land's marketability becomes available, actions to try title will remain important …

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A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?, Madge Baker Apr 2025

A Response To Professor Delogu: Is Impermissible Exclusion A Reality In Maine?, Madge Baker

Maine Law Review

A basic premise of Professor Orlando Delogu's article, The Misuse of Land Use Control Powers Must End: Suggestions for Legislative and Judicial Responses, is that many Maine municipalities are using their land use regulatory powers in impermissibly exclusionary ways. Professor Delogu proposes that the legislature and courts of Maine should respond to correct the situation. This Commentary will attempt to illustrate that Professor Delogu has failed to document his premise or to define accurately the difference between permissible and impermissible exclusion. He is unable, therefore, to substantiate the need for state intervention in an area of law traditionally delegated to …

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A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu Apr 2025

A Final Note On The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

The Baker criticism of my article is flawed in several major respects. First, while tacitly accepting the basic premise of the article that impermissible exclusion may be achieved by local misuse of a wide variety of facially permissible land use control tools, Ms. Baker argues that merely because the article did not demonstrate a sufficient degree of misuse in Maine, the corrective measures suggested are unwarranted. But a full reading of the article makes clear that no such exhaustive indictment of Maine towns was intended. The article was not an empirical study. The article intended to point out a widening …

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The International Legal Obligations Of Signatories To An Unratified Treaty, Martin A. Rogoff Apr 2025

The International Legal Obligations Of Signatories To An Unratified Treaty, Martin A. Rogoff

Maine Law Review

There are currently two major international agreements of the United States which have been signed by the parties and transmitted by the President to the Senate for its advice and consent: the Treaty with the Soviet Union on the Limitation of Strategic Offensive Arms, known as SALT II, and the Agreement with Canada on East Coast Fishery Resources and the accompanying Treaty to Submit to Binding Dispute Settlement the Delimitation of the Maritime Boundary in the Gulf of Maine Area. Both agreements were signed after lengthy and complex negotiations. Both agreements are extremely detailed and represent a delicate balancing of …

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The Prima Facie Case Approach To Employment Discrimination, Joanne F. Cole Apr 2025

The Prima Facie Case Approach To Employment Discrimination, Joanne F. Cole

Maine Law Review

Employment discrimination litigation has increased dramatically during the past decade. Under Title VII of the Civil Rights Act of 1964—Congress' sweeping prohibition of discrimination in employment decisions on the basis of race, color, religion, sex, or national origin –older federal civil rights statutes and state counterparts to Title VII, courts have developed discrete, cognizable theories of discrimination. An analytical framework has also developed by which to evaluate the facts, innuendoes, and statistics that constitute the claims and defenses in a discrimination case. Within the generally accepted approach to the evidence, however, there is no consensus about the weight each element …

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