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 …

Diversifying The Curriculum: A Framework For Change Through Staff-Student Collaboration, Christa De Brun, Jenny O’Connor, Chika Dike, Emily Fleming, Mariya Lyash, Graeme Murphy

Teaching and Learning Together in Higher Education

No abstract provided.

Editorial: Welcome To The Journal Of Online Mentoring!, Lee Stadtlander

Journal of Online Mentoring

I am pleased to welcome you to Walden University’s new Journal of Online Mentoring (JOM), sponsored by the Institute for Faculty Mentoring Excellence. This open access, peer reviewed journal is dedicated to advancing evidence based practices, scholarship, and innovation in virtual mentoring. The inaugural issue explores how online mentoring strengthens scholarly identity, ethical research practices, and doctoral student success in digitally mediated environments.

About The Author: Carol Sanford

Creative Nonfiction Magazine

No abstract provided.

About The Author: James Glanz

Creative Nonfiction Magazine

No abstract provided.

About The Author: Mara Gorman

Creative Nonfiction Magazine

No abstract provided.

About The Author: Scott A. Sandford

Creative Nonfiction Magazine

No abstract provided.

Blur (The Interior Of A Diagnosis), Ruth Gila Berger

Creative Nonfiction Magazine

No abstract provided.

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

Creative Nonfiction Magazine

No abstract provided.

Introduction: Doctors And Writers, Lee Gutkind

Creative Nonfiction Magazine

No abstract provided.

About The Author: Madison Smartt Bell

Creative Nonfiction Magazine

No abstract provided.

About The Author: Genevive Cotter

Creative Nonfiction Magazine

No abstract provided.

About The Author: Mimi Schwartz

Creative Nonfiction Magazine

No abstract provided.

Cover To Cover: Reviews Of New Books, Karen Rosica, Lea Simonds, Kathleen Veslany, Katie M. M. Yeomans

Creative Nonfiction Magazine

No abstract provided.

Snakebit, Connie Wieneke

Creative Nonfiction Magazine

No abstract provided.

Memoir? Fiction? Where's The Line?, Mimi Schwartz

Creative Nonfiction Magazine

No abstract provided.

The Better Porch, Becky Bradway

Creative Nonfiction Magazine

No abstract provided.

From The Editor: Style And Substance, Lee Gutkind

Creative Nonfiction Magazine

No abstract provided.

Front Matter

Creative Nonfiction Magazine

No abstract provided.

Rocky Mountain National Park's Loch Vale Watershed, Jill Barron

Rocky Mountain National Park

A News Account of the National Park Service investigation whether there is an acidic deposition problem, and how acidic deposition affects high elevation ecosystems of the Southern Rocky Mountains.

Rocky Mountain National Park; Loch Vale Watershed; Acidic Deposition;

Inspiring The Future: The Next 100 Years Of Research And Learning At Rocky Mountain National Park, Ben Bobowski

Rocky Mountain National Park

A memorandum covering adaptive management on the coming future of Rocky Mountain National Park

The Role Of Science Through A Century Of Elk Habitat Management At Rocky Mountain National Park, Therese Johnson

Rocky Mountain National Park

A report on the  role of science through a century of Elk habitat management at Rocky Mountain National Park.

Rocky Mountain National Park; Rocky Mountain National Park Elk; Elk and Vegetation Management Plan;

Rocky Mountain Historic Trails, Rocky Mountain National Park Continental Divide Research Center

Rocky Mountain National Park

A flyer covering the trails at Rocky Mountain National Park that qualify for the National Register of Historic Places.

Fern Lake; Mills, Enos ;Longs Peak Trail; Mission 66; Estes Park; Grand Lake; Hot Sulphur Springs; Standish, Sierra