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Articles 1 - 30 of 6087
Full-Text Articles in Law
Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn
Unmarked: Intellectual Property And Geography, Lorie Graham, Stephen Mcjohn
Minnesota Journal of Law, Science & Technology
No abstract provided.
A “Duty To Write” Smart Contracts That Unsophisticated Users Have A “Duty To Read”, Chase Webber
A “Duty To Write” Smart Contracts That Unsophisticated Users Have A “Duty To Read”, Chase Webber
Minnesota Journal of Law, Science & Technology
No abstract provided.
How Privilege Undermines Cybersecurity, Daniel Schwarcz
How Privilege Undermines Cybersecurity, Daniel Schwarcz
Articles
In recent years, cyberattacks have cost firms countless billions of dollars, undermined consumer privacy, distorted world geopolitics, and even resulted in death and bodily harm. Rapidly accelerating cyberattacks have not, however, been bad news for many lawyers. On the contrary, lawyers that specialize in coordinating all elements of victims’ incident-response efforts are increasingly in demand. Lawyers’ dominant role in cyber-incident response is driven in part by their purported capacity to ensure that information produced during the breach response process remains confidential, particularly in any subsequent lawsuit. By interposing themselves between their clients and any third party consultants involved in incident …
Personal Jurisdiction’S Moment Of Opportunity: A Reform Blueprint For Originalists And Nonoriginalists, Allan Erbsen
Personal Jurisdiction’S Moment Of Opportunity: A Reform Blueprint For Originalists And Nonoriginalists, Allan Erbsen
Articles
Personal jurisdiction doctrine is broken, but there is a moment of opportunity to repair it. The Supreme Court has struggled for decades to explain why constitutional law sometimes prevents states from providing local remedies for local injuries. Basic questions lack satisfying answers. Should doctrine emphasize liberty or federalism? Is the Due Process Clause the proper foundation for limits on state power or are other clauses more relevant? What harms should limits on state power prevent and what harms should limits avoid creating? Decisions addressing these questions rely on jargon rather than a coherent account of how to allocate jurisdictional power …
Standing, Nominal Damages, And Nominal Damages "Workarounds" In Intellectual Property Law After Transunion, Thomas F. Cotter
Standing, Nominal Damages, And Nominal Damages "Workarounds" In Intellectual Property Law After Transunion, Thomas F. Cotter
Articles
In June 2021, the United States Supreme Court held, in TransUnion LLC v. Ramirez, that plaintiffs lack standing to assert claims for statutory damages under the Fair Credit Reporting Act unless they can demonstrate “concrete harm” arising from those violations. Although TransUnion was not a case involving intellectual property (“IP”) rights, if the rationale of the decision is that Congress cannot authorize federal courts to entertain claims for statutory damages unless the plaintiff shows that it has suffered actual harm, some common monetary awards for the infringement of IP rights — specifically, statutory damages, reasonable royalties, and (in design patent …
Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, June Carbone
Supporting Families In A Post-Dobbs World: Politics And The Winner-Take-All Economy, June Carbone
Articles
The pathway to stable and secure middle-class status involves two elements: the ability to postpone family formation to facilitate human capital investment and the ability to marshal the emotional and material resources needed to address children needs. Yet, the ability to meet the middle-class threshold for family investment is under assault as the class-based COVID-19 pandemic vulnerabilities and the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization illustrate. While the American Rescue Plan demonstrates the federal government's considerable ability to address children's needs, Dobbs represents the judicial assault on federal power and the ongoing devolution in responsibility for …
Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Linus Chan
Process As Suffering: How U.S. Immigration Court Process And Culture Prevent Substantive Justice, Linus Chan
Articles
In this article, we argue that there is a form of double punishment unique to the immigration court system that attorneys and their noncitizen clients must navigate throughout changing political contexts. The first form of punishment is the court process during removal proceedings, and the second form of punishment is removal from the United States. Our interviews with removal defense attorneys in the U.S. Upper Midwest illustrate how these punishments intersect with one another and push attorneys to adopt strategies that may not lead to winning a case, but intend to protect their clients by losing as slowly as possible. …
The Multifaceted Method Of Comparative Law And Economics, Francesco Parisi
The Multifaceted Method Of Comparative Law And Economics, Francesco Parisi
Articles
As initially conceived of in the Eighties, Comparative Law and Economics provided legal scholars a neutral language for the exploration of similarities and differences across legal systems. Its value added is the theoretical rigour of its models and the possibility to engage in a scientific dialogue not hampered by jurisdiction-specific features. At a later stage, comparative approaches became fully embedded in economic research and its empirical methods. Possible synergies with comparative legal research abound, but the organization of academic structures has so far prevented to fully exploit them.
Moderating The Fediverse: Content Moderation On Distributed Social Media, Alan Rozenshtein
Moderating The Fediverse: Content Moderation On Distributed Social Media, Alan Rozenshtein
Articles
No abstract provided.
Doing Injustice: Exchanging One “Arbitrary, Cruel, And Reckless” Sentencing System For Another, Michael Tonry
Doing Injustice: Exchanging One “Arbitrary, Cruel, And Reckless” Sentencing System For Another, Michael Tonry
Articles
Marvin Frankel’s characterization of American sentencing in Criminal Sentences: Law Without Order remarkably successfully distilled ideas that were in the air and emerging. His main proposals—a sentencing commission, sentencing rules, requirements that judges explain their decisions, and meaningful appellate sentence review—would in a better America go a long way toward establishing the kind of rational, humane, and just process he imagined. Despite some early, partial successes, however, Frankel’s proposals remain largely untested. In retrospect, he underestimated, misunderstood, or chose to ignore formidable political impediments to serious sentencing reform in late twentieth century America. He also largely ignored two intractable problems, …
The Blue Family Constitution, June Carbone
The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase
The Partial Success Of Judge Frankel’S Sentencing Commission, Fifty Years On, Richard Frase
Articles
Judge Marvin Frankel’s writings in the early 1970s inspired the creation of sentencing guidelines commissions and guidelines rules in twenty-two state and federal jurisdictions. By the late 1970s Frankel’s tentative proposals had been substantially filled out by other writers and reformers; the two most common guidelines models were adopted by Minnesota (1980) and Pennsylvania (1982). The federal guidelines (1987) have been justly criticized, but most state guidelines have been accepted by judges and other practitioners and observers. This sentencing reform model has also been endorsed by the American Bar Association and the American Law Institute. This essay tells the story …
State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Fionnuala Ní Aoláin
State Responsibility For Human Rights Violations Perpetrated In The Name Of International Counter-Terrorism Financing Obligations, Fionnuala Ní Aoláin
Articles
This Essay responds to the increasing adoption by States across continents of repressive, over-reaching laws, regulations, and policies aimed at countering the financing of terrorism. It documents the immense international pressure to adopt counter-terrorism financing measures, coupled with the seeming marginalization of concurrent international human rights law obligations. The Essay first sets out the applicable legal framework and rapid normative developments in international counter-terrorism financing law. Second, the Essay provides a snapshot of existing allegations of human rights violations committed in the name of international counter-terrorism financing obligations, including judicial harassment and undue surveillance of human rights defenders and civil …
The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin
The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin
Articles
In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. …
Textualism And The Administrative Procedure Act, Kristin Hickman
Textualism And The Administrative Procedure Act, Kristin Hickman
Articles
In recent years, the Supreme Court occasionally has applied a more limited approach to textualist reasoning that, if applied to the APA, could expand the perceived gulf between textualism and existing administrative law doctrine. Our purpose with this Essay is to explore the implications of this trend for APA interpretation, particularly as it might apply to agency rulemaking. We do not purport to address critics of textualism as an interpretive methodology; we speak primarily to those who are persuaded of textualism’s merits. We also will not try to resolve all the many disagreements about textualism’s variations or the APA’s meaning. …
Enforcement-Proofing Work Law, Charlotte Garden
Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan
Crimmigrating Narratives: Examining Third-Party Observations Of Us Detained Immigration Court, Linus Chan
Articles
Examining what we call “crimmigrating narratives,” we show that US immigration court criminalizes non-citizens, cements forms of social control, and dispenses punishment in a non-punitive legal setting. Building on theories of crimmigration and a sociology of narrative, we code, categorize, and describe third-party observations of detained immigration court hearings conducted in Fort Snelling, Minnesota, from July 2018 to June 2019. We identify and investigate structural factors of three key crimmigrating narratives in the courtroom: one based on threats (stories of the non-citizen’s criminal history and perceived danger to society), a second involving deservingness (stories of the non-citizen’s social ties, hardship, …
Appointed Or Elected: How Justices On Elected State Supreme Courts Are Actually Selected, Herbert M. Kritzer
Appointed Or Elected: How Justices On Elected State Supreme Courts Are Actually Selected, Herbert M. Kritzer
Articles
During at least part of the post–World War II period, the constitutions of thirty-six states called for the popular election of the judges of the states’ highest courts. In practice, only slightly more than half of those judges (excluding strictly interim appointees) initially obtained their positions by election. This article examines the likelihood of initial election in actual practice, how it has varied over time, and various factors that might be related to election versus appointment (e.g., type of election, mandatory retirement). It concludes that state norms play a substantial role in determining patterns of actual selection.
A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu
A Helper For Patenting The “Unpredictable”: Artificial Intelligence, Shuang Liu
Minnesota Journal of Law, Science & Technology
No abstract provided.
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros
Physical Losses, Invisible Damages: Finding Coverage For Business Interruption Insurance Claims Sustained During The Covid-19 Pandemic, Mason Medeiros
Minnesota Journal of Law, Science & Technology
No abstract provided.
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote
A Taking Timebomb: Loss Of Access Takings As A Barrier To Managed Retreat From Sea Level Rise, Isaac Foote
Minnesota Journal of Law, Science & Technology
No abstract provided.
Making Your Robotic Surgery Systems General Purpose: A Possible Preventive Measure For Induced And Contributory Infringement Liability Arising In Medical Procedures, Mengmeng Du
Minnesota Journal of Law, Science & Technology
No abstract provided.
The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes
The ‘Burbs And The Bees: Race, Class, And Rpbb Policy In Minnesota, Julia Brokaw, Hudson B. Kingston, Jordan Hughes
Minnesota Journal of Law, Science & Technology
No abstract provided.
Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring De Villiers
Rule 10b-5 Meets Wagon Mound: A New Perspective On Loss Causation, Meiring De Villiers
Minnesota Journal of Law, Science & Technology
No abstract provided.
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt
Excessive Sanctions & Evolving Standards Of Decency: The Mitigating Nature Of Sexual Trauma For Juvenile Survivors Who Murder, Ingrid Hofeldt
Minnesota Journal of Law, Science & Technology
No abstract provided.
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
A Broad View Of Broadview Solar: How Ferc’S Whiplash-Inducing Orders Expand The Scope Of Purpa, Christopher Cerny
Minnesota Journal of Law, Science & Technology
No abstract provided.
Costly Gadgets: Barriers To Market Entry And Price Competition For Generic Drug-Device Combinations In The United States, Michael S. Sinha
Costly Gadgets: Barriers To Market Entry And Price Competition For Generic Drug-Device Combinations In The United States, Michael S. Sinha
Minnesota Journal of Law, Science & Technology
No abstract provided.
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question, Angélica Guevara
To Be, Or Not To Be, Will Long Covid Be Reasonably Accommodated Is The Question, Angélica Guevara
Minnesota Journal of Law, Science & Technology
No abstract provided.
Combatting Climate Change Through Conservation Easements, Claire Wright
Combatting Climate Change Through Conservation Easements, Claire Wright
Minnesota Journal of Law, Science & Technology
No abstract provided.
Data As Labor: Retrofitting Labor Law For The Platform Economy, Eugene K. Kim
Data As Labor: Retrofitting Labor Law For The Platform Economy, Eugene K. Kim
Minnesota Journal of Law, Science & Technology
No abstract provided.