Law Commons^™

What’S “Controversial” About Esg? A Theory Of Compelled Commercial Speech Under The First Amendment, Sean J. Griffith

Faculty Scholarship

This Article uses the Securities and Exchange Commission’s SEC’s recent foray into Environmental, Social, and Governance ESG to illuminate ambiguities in First Amendment doctrine. Situating mandatory disclosure regulations within the compelled commercial speech paradigm, it identifies the doctrinal hinge as “controversy.” Rules compelling commercial speech receive deferential judicial review, provided they are purely factual and uncontroversial. The Article argues that this requirement operates as a pretext check, preventing regulators from exceeding the plausible limits of the consumer protection rationale.

Applied to securities regulation, the compelled commercial speech paradigm requires the SEC to justify disclosure mandates as a form of investor …

Hiding In Plain Sight: An Ilo Convention On Labor Standards In Global Supply Chains, James J. Brudney

Faculty Scholarship

This Article proposes a solution to the primary challenge currently confronting governments, employers, and workers under international labor law: how to promote and protect decent labor conditions in global supply chains (GSCs).

The Article begins by summarizing why existing public law and private law approaches have failed to meet this challenge over several decades. It describes the shortcomings of law and practice in developing countries as well as the weakness of corporate social responsibility (CSR), including the most ambitious version of CSR, the U.N. Guiding Principles on Business and Human Rights. It then analyzes the problems with recent national laws …

Private Law And Public Discourse, Aditi Bagchi

Faculty Scholarship

Democracies need institutions that help to build public consensus on fundamental principles of justice. However, the major public institutions associated with this task – electoral institutions, the press, education, and civil society—each face a trade-off between a high degree of governmental control over their agendas, on the one hand, and self-segregation by participants, on the other. This Article identifies private law—the litigation of private claims and their judicial resolution—as an unlikely but ultimately critical site for building consensus on political principles. After laying out what public discourse requires (and what it does not), the Article argues that private law is …

Title Ix And "Menstruation Or Related Conditions", Marcy L. Karin, Naomi Cahn, Elizabeth B. Cooper, Bridget J. Crawford, Margaret E. Johnson, Emily Gold Waldman

Faculty Scholarship

Title IX protects against sex-based discrimination and harassment in covered education programs and activities. The Biden Administration's recently proposed Title IX regulations do not, however, include discrimination on the basis of menstruation or related conditions as a form of discrimination based on sex. This comment on the proposed regulations explains why the regulations should include conditions related to menstruation and recommends changes for how to do so.

Reflection, Deliberation, And Dialogue: Stipanowich's Contribution To Dispute Resolution, Jacqueline Nolan-Haley .

Faculty Scholarship

No abstract provided.

Family Law For The One-Hundred-Year Life, Naomi R. Cahn, Clare Huntington, Elizabeth Scott

Faculty Scholarship

Family law is for young people. To facilitate child rearing and help spouses pool resources over a lifetime, the law obligates parents to minor children and spouses to each other. Family law’s presumption of young, financially interdependent, conjugal couples raising children privileges one family form—marriage—and centers the dependency needs of children.

This age myopia fundamentally fails older adults. Families are essential to flourishing in the last third of life, but the legal system offers neither the family forms many older adults want nor the support of family care older adults need. Racial and economic inequities, accumulated across lifetimes, exacerbate these …

Punishment Without The State, I. Bennett Capers

Faculty Scholarship

People are speaking up on social media and in other virtual spaces, sometimes to spur the criminal process, sometimes in response to the criminal system’s perceived failures, and even sometimes completely indifferent to the criminal system. People are expressing moral condemnation. They are shaming, shunning, banishing, and canceling. What are the implications of punishment through virtual spaces, in lieu of the usual—and now seemingly antiquated—space of physical courtrooms? More broadly, when all the world can become a virtual courtroom, a “place” for judgment, what are the implications for how we think about crime itself? And perhaps most importantly, if social …

Taxation And The Constitution, Reconsidered, John R. Brooks, David Gamage

Faculty Scholarship

Our current income tax is unable to address growing concentrations of financial wealth and resulting economic inequality. But reforms to address these problems—such as a wealth tax or an income tax on unrealized capital gains—are stymied by fears of unconstitutionality. The basic claim is that wealth taxes and similar reforms are “direct taxes” under the Apportionment Clauses of the Constitution, and since apportionment is not feasible, these taxes are impossible. But this claim is wrong.

This Article shows that there is in fact a long history of federal taxes similar to wealth taxes—both apportioned and uniform—and a well-developed constitutional tax …

Pauli Murray: Human Rights Visionary And Trailblazer, Darin E. W. Johnson, Catherine Powell

Faculty Scholarship

No abstract provided.

`Representing And Being Represented In Turn’ – A Symposium On Hélène Landemore’S Open Democracy, Ethan J. Leib

Faculty Scholarship

No abstract provided.

Policing "Bad" Mothers, I. Bennett Capers

Faculty Scholarship

Jessamine Chan’s The School for Good Mothers — a speculative novel about a mother who abandons her child for a few hours and is required to attend a school for good mothers to regain custody — may not be a great book, but it is a good yarn, and a page turner, and thought-provoking. Thought-provoking, because to measure her fitness to be a mother, the protagonist is assigned a robot doppelganger of her child — one that is sentient, one that seems almost real, one that might even pass the Turing test, and one that she is required not only …

Theorizing Corroboration, Maggie Wittlin

Faculty Scholarship

A child makes an out-of-court statement accusing an adult of abuse. That statement is important proof, but it also presents serious reliability concerns. When deciding whether it is sufficiently reliable to be admitted, should a court consider whether the child’s statement is corroborated—whether, for example, there is medical evidence of abuse? More broadly, should courts consider corroboration when deciding whether evidence is reliable enough to be admitted at trial? Judges, rule-makers, and scholars have taken significantly divergent approaches to this question and come to different conclusions.

This Article argues that there is a key problem with using corroboration to evaluate …

Civil Justice At The Crossroads: Should Courts Authorize Nonlawyers To Practice Law?, Bruce A. Green

Faculty Scholarship

No abstract provided.

5b Patent Law Session. Patent Potpouri, Andrew Bowler, Michael Williams, Sepehr Shahshahani, Ari Laakkonen, Marleen Van Den Horst, Simon Holzer

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

1c Plenary Session. Views From The Judiciary, Hugh C. Hansen, Richard Arnold, Stephen Burley, Paolo Catallozzi, Klaus Grabinski, Simon Holzer, Gordon Humphreys, Robin Jacob, Carl Josefsson, Rian Kalden, F. Scott Kieff, Paul R. Michel, Pauline Newman, Peter Charleton, Edger F. Brinkman

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

5d Patent Law Session. Ptab, John B. Pegram, Adam Mossoff, Patricia Martone, Brian Scarpelli, George E. Badenoch, Brian P. Murphy

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

6d Copyright Law, Competition & Trademark Law Session. U.S. Copyright Developments, Michael S. Shapiro, David O. Carson, Kevin Amer, Joshua L. Simmons, Jennifer Pariser, Sandra Aistars

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

7d Competition, Two Concurrent Sessions & Trademark Law. U.S. Trademark Law Developments, Matthew D. Asbell, Marshall Leaffer, Jennifer Simmons, Rebecca Tushnet, Gerald M. Levine, Maria A. Scungio

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

5c Patent Law Session. International Patent Developments, Robin Jacob, Peter Charleton, Brian Cordery, John Richards, Heinz Goddar, Melanie Müller, Eva Ehlich, Kevin Mcgough

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

7c Competition, Two Concurrent Sessions & Trademark Law. Trade Secrets, Victoria A. Cundiff, Camilla Alexandra Hrdy, Max Haedicke, James Pooley, Thomas D. Pease, Mark F. Schultz

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

6c Copyright Law, Competition & Trademark Law Session. Frand, Cordula Schumacher, Jorge L. Contreras, Steven Geiszler, David Por, Jyh-An Lee, Steve Akerley, Wolrad Prinz Zu Waldeck Und Pyrmont

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

6b Copyright Law, Competition & Trademark Law Session. Copyright Protections For Publishers, Ted Shapiro, Kimberley Isbell, Danielle Coffey, Ali Sternburg, Jan Bernd Nordemann, Carlo Scollo Lavizzari

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

7b Competition, Two Concurrent Sessions & Trademark Law. Multilateral Developments, Michele Woods, Steven Tepp, Annabelle Bennett, F. Scott Kieff, Paul Maier

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

6a Copyright Law, Competition & Trademark Law Session. Fair Use, Ron Lazebnik, Daan G. Erikson, Jane C. Ginsburg, Joseph C. Gratz, Brian W. Gray, Bhamati Viswanathan

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

5a Patent Law Session. Patent Prosecution And Litigation, Penny Gilbert, Kenneth R. Adamo, Carl Josefsson, David J. Kappos, Ronald E. Dimock, Otto Licks

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

7a Competition, Two Concurrent Sessions & Trademark Law. Antitrust: Developments And Trends, Daryl Lim, Damien Geradin, William E. Kovacic, Thomas B. Nachbar, Thibault Schrepel, Angela Zhang, Eleonor M. Fox

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

Kickoff Session. What Will China's Ip System Look Like In 5 Years?, He Jing, Michael-Yu Ding, Guobin Cui, Zheng Ning Ms, Yang Ming, Chi Xu

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

4c Trademark Law Session. Is The Likelihood Of Confusion Test Getting Out Of Hand?, Anderson Duff, Daniel R. Bereskin, Irene Calboli, Jeffrey A. Handelman, Rebecca Tushnet, Miguel Pérez, Tobias Timmann

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

2c Patent Law Session. U.S. Patent Developments, Martin J. Adelman, Nicholas P. Groombridge, Laura Sheridan, Carey R. Ramos, Marjan Noor, Nahoko Ono

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.

3c Copyright Law & Concurrent Session. Copyright Potpourri, Ron Lazebnik, Sean M. O'Connor, Mehdi Ansari, Fiona Phillips, Nicholas Bartlet, Ann Bartow, Mitch Glazier

29th Annual Intellectual Property Law & Policy Conference (2022)

No abstract provided.