Law Commons^™

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.

4b Trademark Law Session. The Functionality Doctrine In Disarray?, Marshall Leaffer, Mark A. Lemley, Gordon Humphreys, David Stone, Irene Calboli, Jeffrey A. Handelman

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

No abstract provided.

2b Patent Law Session. Patents And The Public Health, John R. Thomas, Joshua D. Sarnoff, Catherine Fitch, Justin Hughes, James Love, Gustavo De Freitas Morais

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

No abstract provided.

3b Copyright Law & Competition Law Session. Artificial Intelligence, Annsley Merelle Ward, Stephen Burley, Colin Birss, Sasha Rosenthal-Larrea, Suzanne Wilson, John Lee, Helen Conlan

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

No abstract provided.

2a Patent Law Session. Unified Patent Court, Anne-Charlotte Le Bihan, Klaus Grabinski, Aloys Hüttermann, Myles Jelf, Miquel Montañá, Edger F. Brinkman

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

No abstract provided.

3a Copyright Law Session. Eu Copyright Developments, Stanford Mccoy, Eleonora Rosati, Ursula Feindor-Schmidt, Lauri Rechardt, Jerker Rydén, Martin Schaefer

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

No abstract provided.

4a Trademark Law Session. Eu Trademark Law Update, Sven Schonhofen, James Nurton, Paolo Catallozzi, Joel Smith, Gordon Humphreys, Peter Reuss

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

No abstract provided.

1b Plenary Session. Key Current Ip Issues: Reflections & Analysis, Hugh C. Hansen, Paul R. Michel, Denny Chin, He Jing, Richard D. Arnold, Renata B. Hesse

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

No abstract provided.

1a Plenary Session. Government Leaders’ Perspectives On Ip, Hugh C. Hansen, António Campinos, Shira Perlmutter, Marco Giorello, Antony S. Taubman, Kathi Vidal

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

No abstract provided.

Becoming A More Environmentally Sustainable Law Library: How Law Libraries Can Reduce Their Carbon Footprint To Help Combat Climate Change, Todd G. E. Melnick

Staff Publications

No abstract provided.

Hosting Successful "Welcome Back" Events For Your Law School Students, Kelly Leong, Gail Mcdonald

Staff Publications

No abstract provided.

Best Practices For Developing And Running Legal Tech Programs In An Academic Setting, Jennifer Dixon, Janet Kearney, Kelly Leong

Staff Publications

No abstract provided.

Work-In-Progress: A Research Framework In Fcil Teaching?, Janet Kearney

Staff Publications

No abstract provided.

Making The Case For Law Tech, Janet Kearney

Staff Publications

As the concept of a “practice-ready” attorney continues to grow in both law firms and law schools, law school libraries are meeting this need by offering programming related to legal technology. In this article, a law librarian from the United States discusses their successes and failures in creating and maintaining legal technology programming, a first step in a larger conversation on practice-ready law graduates. This article is based on a June 2021 presentation given at the annual conference of the British and Irish Association of Law Librarians.

Lawyers And The Lies They Tell, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

The law holds lawyers to a more demanding standard of conduct than others when it comes to aspects of their fiduciary relationships with courts and clients. For instance, states can sanction lawyers for some speech inside a courtroom that would be protected if uttered by a non-lawyer. This Article explores whether lawyers’ free speech rights should also be different from those of other speakers when lawyers, acting on their own behalf, participate in political discourse. Applying the current First Amendment framework, the authors question the bar’s assumption that, simply because lawyers are subject to rules of professional conduct, courts can …

The Institutions Of Family Law, Clare Huntington

Faculty Scholarship

Family law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis.

This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be …

Lowering The Stakes Of The Employment Contract, Aditi Bagchi

Faculty Scholarship

Every country has to make hard choices about the distribution of entitlements. But employers control the entitlements that individual Americans enjoy to a far greater extent than those in other rich democracies. In this Essay, I argue that, in the absence of the political consensus necessary to deliver state solutions to political questions, employers here are assigned an exaggerated role in employees’ lives. Government incentives for and directives to employers have become a strategy of political deflection. The effect has been to raise the stakes of employment well beyond the scope of those terms and conditions that relate to attracting …

The Challenge Of Radical Reform In Pluralist Democracies, Aditi Bagchi

Faculty Scholarship

Martijn Hesselink proposes a new European charter of private law that would correct the deficiencies in private law identified by Katharina Pistor. While Hesselink aims to achieve radical reform by way of radical democracy, this article argues that radical democracy is unlikely to realise a radically progressive vision of private law. Citizens of wealthy, post-industrial democracies lack certainty about both the material consequences of reform and the demands of justice. Because their caution renders them averse to far-reaching, bundled reform packages, public discourse in post-industrial societies as we find them is more likely to produce incremental than radical substantive reform.

The False Promise Of General Jurisdiction, Maggie Gardner Gardner, Pamela K. Bookman, Andrew Bradt, Zachary Clopton, D. Theodore Rave

Faculty Scholarship

The Supreme Court has said that general jurisdiction provides at least one clear and certain forum to sue defendants, and that assumption has begun to shape the Court’s understanding of specific jurisdiction. But that assumption is wrong. General jurisdiction does not provide a guaranteed U.S. forum for foreign defendants or in cases involving multiple defendants. And even when defendants can be sued “at home,” such cases may be (and not infrequently are) dismissed for forum non conveniens, sometimes even when no alternative forum is available.

Nor is a regime reliant on a general jurisdiction backstop desirable. The Court’s narrowed version …

Impeaching Legal Ethics, Bruce A. Green, Rebecca Roiphe

Faculty Scholarship

In the investigations, hearings, and aftermath of President Trump’s first impeachment, lawyer-commentators invoked the rules of professional conduct to criticize the government lawyers involved. To a large extent, these commentators mischaracterized or misapplied the rules. Although these commentators often presented themselves to the public as neutral experts, they were engaged in political advocacy, using the rules, as private litigators often do, as a strategic weapon against an adversary in the court of public opinion. For example, commentators on the left wrongly conveyed that, under the rules, government lawyers had a responsibility to the public to voluntarily assist in the impeachment, …

Law And The Moral Dynamics Of Collective Action, Aditi Bagchi

Faculty Scholarship

Many moral demands on social groups cannot be met without cooperation among group members. In some cases, individual action does not advance the collective moral interest at all without some threshold level of cooperation by other group members. Is an individual required to act as if others will cooperate even if she knows that they will not? This Article argues that individuals may take into account the reality of pervasive noncooperation and decline to attempt cooperation. Only ex ante mandatory rules can solve moral collective action problems. In a political community, those rules are public law. The most compelling argument …

Still Against Prosecutors, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Countering Gerrymandered Courts, Jed H. Shugerman

Faculty Scholarship

The key insight in Professor Miriam Seifter’s outstanding article Countermajoritarian Legislatures is that state legislatures are usually antidemocratic due to partisan gerrymandering, whereas state governors and judiciaries are insulated from gerrymandering by statewide elections (or selection), and thus they should have a more prominent role in framing election law and in enforcing the separation of powers.

This Piece offers a friendly amendment: These observations are true, so long as states do not gerrymander their state supreme courts into antidemocratic districts. The problem is that historically, judicial elections emerged generally as districted elections, and often with regional and partisan politics shaping …

Platform Realism, Informational Inequality, And Section 230 Reform, Olivier Sylvain

Faculty Scholarship

Online companies bear few duties under law to tend to the discrimination that they facilitate or the disinformation that they deliver. Consumers and members of historically marginalized groups are accordingly the likeliest to be harmed. These companies should bear the same, if not more, responsibility to guard against such inequalities.

Free-Ing Criminal Justice, I. Bennett Capers

Faculty Scholarship

No abstract provided.

Retrospective Risk Allocation, Aditi Bagchi

Faculty Scholarship

No abstract provided.

A Comment On Foohey Et Al., Steering Loan Modifications Post-Pandemic, Susan Block-Lieb

Faculty Scholarship

No abstract provided.

Fit For Its Ordinary Purpose: Implied Warranties And Common Law Duties For Consumer Finance Contracts, Susan Block-Lieb, Edward J. Janger

Faculty Scholarship

The history of consumer goods and consumer credit markets pre-sents an anomaly: market transactions for consumer goods and credit transactions evolved in tandem from face to face and bespoke to standardized and widely distributed; the law governing these “product” markets has not. With consumer goods, the Uniform Commercial Code codifies implied warranties of merchantability and fitness for a particular purpose, and the common law of tort provides strict liability for defective products. With consumer fi-nance contracts, borrowers enjoy scant common law protection. And yet both consumer goods and consumer contracts may be danger-ously defective “products.”

This Article reconsiders the traditional, …

Corporate Accountability And Worker Empowerment, Atinuke O. Adediran

Faculty Scholarship

No abstract provided.

Mala Prohibita, The Wrongfulness Constraint, And The Problem Of Overcriminalization, Youngjae Lee

Faculty Scholarship

The wrongfulness constraint, as a principle of criminalization, is supposed to preclude criminalization in the absence of wrongfulness. Crimes that look especially problematic from the perspective of the wrongfulness constraint are mala prohibita offenses. The aim of this Essay is to consider the question whether the wrongfulness constraint can serve as an effective tool to curb overcriminalization by looking at the case of mala prohibita offenses. This Essay defends the following propositions. First, because of the availability of an array of tools to defend various mala prohibita offenses as satisfying the wrongfulness constraint, it is often not a straightforward matter …