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Articles 211 - 240 of 17049
Full-Text Articles in Law
The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose
The Ncaa's Challenge In Determining Nil Market Value, Meg Penrose
Faculty Scholarship
This Article proceeds in three parts. Part II discusses the changes that NIL has wrought in college athletics. It briefly explains collectives and their impact on NIL. Part III discusses the impossibility of limiting athletes’ “fair market value” given market value depends on what the market is willing to pay. Congress has failed to pass national legislation. Yet the mosaic of state laws is simply unfit to stand in for national legislation. And, following multiple litigation losses, the NCAA cannot be trusted to “value” the athletes themselves. Market value, if one is to be established, must be uniform and assessed …
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
The Sffa V. Harvard Trojan Horse Admissions Lawsuit, Kimberly West-Faulcon
Seattle University Law Review
Affirmative-action-hostile admissions lawsuits are modern Trojan horses. The SFFA v. Harvard/UNC case—Students for Fair Admissions, Inc. v. President & Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, et. al., decided jointly—is the most effective Trojan horse admissions lawsuit to date. Constructed to have the distractingly appealing exterior façade of a lawsuit seeking greater fairness in college admissions, the SFFA v. Harvard/UNC case is best understood as a deception-driven battle tactic used by forces waging a multi-decade war against the major legislative victories of America’s Civil Rights Movement, specifically Title VI and Title VII …
Increasing Transparency Within City Government Using Blockchain Technology, Jennifer Ayala
Increasing Transparency Within City Government Using Blockchain Technology, Jennifer Ayala
Featured Student Work
When the news or a friend mentions blockchain technology, is it typically always referenced in the context of cryptocurrency? While cryptocurrencies do rely on blockchain technology to record financial transactions between people and businesses,
1 government agencies have begun testing how blockchain technology could improve the lives of constituents.2 A notable advantage of implementing blockchain technology within government, however, is that it has the possibility to prevent corruption due to its very nature.3 The City and County of San Francisco has been the latest victim of government corruption in recent years,
4 with the most recent scandal involving the indictment …
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Seattle University Law Review
Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …
Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler
Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler
Seattle University Law Review
How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Stakeholder Governance On The Ground (And In The Sky), Stephen Johnson, Frank Partnoy
Seattle University Law Review
Professor Frank Partnoy: This is a marvelous gathering, and it is all due to Chuck O’Kelley and the special gentleness, openness, and creativity that he brings to this symposium. For more than a decade, he has been open to new and creative ways to discuss important issues surrounding business law and Adolf Berle’s legacy. We also are grateful to Dorothy Lund for co-organizing this gathering.
In introducing Stephen Johnson, I am reminded of a previous Berle, where Chuck allowed me some time to present the initial thoughts that led to my book, WAIT: The Art and Science of Delay. Part …
Overseeing The Administrative State, Jill E. Fisch
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee
Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee
Seattle University Law Review
In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
Seattle University Law Review
When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.
The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …
I Want A New (Generic) Drug: A Comparative Case For Shifting U.S. Generic Drug Policies To Increase Availability And Lower Healthcare Costs, Immer S. Chriswell
I Want A New (Generic) Drug: A Comparative Case For Shifting U.S. Generic Drug Policies To Increase Availability And Lower Healthcare Costs, Immer S. Chriswell
Northwestern Journal of International Law & Business
Enacted in 1984, Hatch-Waxman was intended to increase generic drug availability and make critical healthcare more affordable for Americans. In the nearly forty years following, while it has increased availability of drugs, it has also allowed drug originators to create avenues to profit in ways not intended when the original compromise was struck, undermining its success. Moreover, given a weak antitrust standard against reverse settlement payments proscribed in Actavis, the U.S. faces a dilemma to further improve access to generic medications in the future. The E.U.’s approach to generic drugs, while presently geographically fragmented, is simpler and has a clear …
Spilling The Beans On Trade Dress: Whether Trade Dress Protection Gives Rise To Liability Under A Section 32 Claim On Trademark Infringment, Dahna S. Kazemyan
Spilling The Beans On Trade Dress: Whether Trade Dress Protection Gives Rise To Liability Under A Section 32 Claim On Trademark Infringment, Dahna S. Kazemyan
UIC Review of Intellectual Property Law
No abstract provided.
Good Intentions Gone Wrong: The Copyright Act’S Safe Harbor Provision And The Requirement Of Actual Knowledge, Dolapo Igori
Good Intentions Gone Wrong: The Copyright Act’S Safe Harbor Provision And The Requirement Of Actual Knowledge, Dolapo Igori
UIC Review of Intellectual Property Law
No abstract provided.
Update On Patent-Related Cases In Computers And Electronics, Karishma Jiva Cartwright, Timothy T. Hsieh, Saurabh Vishnubhakat
Update On Patent-Related Cases In Computers And Electronics, Karishma Jiva Cartwright, Timothy T. Hsieh, Saurabh Vishnubhakat
Articles
This paper provides an overview of patent cases relating to computer and electronics technology that were not taken up by the Supreme Court during the October 2022 term. As of this writing, the Supreme Court has not granted certiorari in any patent-related cases for its October 2021 Term. The Court has, however, called for the views of the Solictor General in four cases, indicating higher interest and raising the possibility that one or more of these cases may appear on the Court's merits docket for the October 2022 Term. Additionally, though the Court denied certiorari in Baxter v. Becton, Dickinson, …
Antitrust Regulation Of Copyright Markets, Jacob Noti-Victor, Xiyin Tang
Antitrust Regulation Of Copyright Markets, Jacob Noti-Victor, Xiyin Tang
Articles
Late last year, a federal court sided with the Department of Justice and blocked the planned merger of book publishers Simon & Schuster and Penguin Random House. The decision was a rare collision between antitrust law and the deeply consolidated copyright content industries. Over the course of the past decade, acquisitions and mergers in the recording, music publishing, and audiovisual space have left just a handful of juggernaut content producers in their wake. Moreover, new technology companies that have entered the content-creation and distribution markets have begun to leverage their scale to further their own industry consolidation.
This Article examines …
Taylor V. Hunton Andrews Kurth, Llp: Patents - Legal Malpractice, Nate Kelly
Taylor V. Hunton Andrews Kurth, Llp: Patents - Legal Malpractice, Nate Kelly
Transactions: The Tennessee Journal of Business Law
No abstract provided.
Jack Daniel’S And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey
Jack Daniel’S And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey
Faculty Scholarship
In Jack Daniel’s v. VIP Products, the Supreme Court announced a bright-line rule: whatever speech protections govern the use of trademarks in artistic works, no such rule applies “when an alleged infringer uses a trademark in the way the Lanham Act most cares about: as a designation of source for the infringer’s own goods.” Those who engage in “trademark use,” in other words, must face the usual likelihood-of-confusion standard, regardless of whether their use also has expressive dimensions. The Jack Daniel’s defendant conceded that it was engaged in trademark use, so the opinion did not do the hard work …
A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey
A Matter Of Facts: The Evolution Of Copyright’S Fact-Exclusion And Its Implications For Disinformation And Democracy, Jessica Silbey
Faculty Scholarship
The Article begins with a puzzle: the curious absence of an express fact-exclusion from copyright protection in both the Copyright Act and its legislative history despite it being a well-founded legal principle. It traces arguments in the foundational Supreme Court case (Feist Publications v. Rural Telephone Service) and in the Copyright Act’s legislative history to discern a basis for the fact-exclusion. That research trail produces a legal genealogy of the fact-exclusion based in early copyright common law anchored by canonical cases, Baker v. Selden, Burrow-Giles v. Sarony, and Wheaton v. Peters. Surprisingly, none of them …
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Trademark Infringement: The Likelihood Of Confusion Of Nfts In The Us And Eu, Sara Sachs
Brooklyn Journal of International Law
The immutability of non-fungible tokens has made it an invaluable tool for asset ownership and authentication across a variety of industries. With the proliferation of NFTs comes the need to protect trademarks and prevent consumer confusion in the digital age. This Note explores the existing legal framework for trademark law in the United States and European Union. This Note argues for a new trademark standard that reflects the interconnected nature of a global digital society.
Artificial Intelligence And Transformative Use After Warhol, Gary Myers
Artificial Intelligence And Transformative Use After Warhol, Gary Myers
Washington and Lee Law Review Online
The Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith clarifies the scope of transformative use and the role of these uses in the fair use analysis. This important case has implications for a fair use analysis of artificial intelligence. This article evaluates the interaction between copyright law’s fair use doctrine and typical sources and uses for artificial intelligence. In other words, the article will assess whether or not the use of copyrighted material to “train” AI programs—AI inputs—and the products of AI programs—AI outputs—are likely to found to be transformative in light of …
Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey
Covid-19 Response In An Alternative America: Legal Tools That The Us Government Failed To Invoke, Neil Davey
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder
The Contours Of Contempt In Patent Law After Tivo, Inc. V. Echostar Corp.: An Empirical Study, Nina Elder
Minnesota Journal of Law, Science & Technology
No abstract provided.
Brief For Former And Current Law Library Directors, Professors, And Academics As Amici Curiae In Support Of Defendant-Appellant, Michelle M. Wu, Austin Martin Williams
Brief For Former And Current Law Library Directors, Professors, And Academics As Amici Curiae In Support Of Defendant-Appellant, Michelle M. Wu, Austin Martin Williams
Georgetown Law Faculty Publications and Other Works
The Copyright Act and libraries have a shared purpose: to spread knowledge to the public. See Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 574 (1994) (noting the purpose of copyright is “[t]o promote the Progress of Science and useful Arts”). Libraries rely on balanced, careful application of the fair use balancing test to achieve that purpose. Amici respectfully submit that the District Court's decision collapsed copyright law's multi-part fair-use balancing test into a theory focused primarily on economics. Amici further respectfully submit that the District Court's fair-use analysis was broadly applied to Internet Archive's (IA) activities without distinguishing …
Who’S Suing You?, David Mcgowan
Who’S Suing You?, David Mcgowan
Minnesota Journal of Law, Science & Technology
No abstract provided.
A New Addition To The Trademark Litigator's Tool Kit: A Neuroscientific Index Of Mark Similarity, Mark Bartholomew, Zhihao Zhang, Ming Hsu, Andrew S. Kayser, Femke Van Horen
A New Addition To The Trademark Litigator's Tool Kit: A Neuroscientific Index Of Mark Similarity, Mark Bartholomew, Zhihao Zhang, Ming Hsu, Andrew S. Kayser, Femke Van Horen
Journal Articles
With trademark law always striving to keep abreast of new developments in science and technology, the authors of this article propose an innovative, neuroscience-based approach to answering the time-honored question of whether likelihood of consumer confusion exists in a particular dispute.
Comments On Amgen V. Sanofi, Oskar Liivak
Comments On Amgen V. Sanofi, Oskar Liivak
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Chicago-Kent Journal of Intellectual Property
Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Chicago-Kent Journal of Intellectual Property
Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Chicago-Kent Journal of Intellectual Property
No abstract provided.