Law Commons^™

The Long And Winding Road To Carbon Neutrality: Can California’S Zero Emission Vehicle Survive The Twists And Turns Of The Legal System?, Erin Hudak

San Diego Journal of Climate & Energy Law

The effects of climate change are becoming more and more obvious every year, evidenced by extreme weather events, rising sea levels, and increased global temperature. In an effort to mitigate the damage caused by greenhouse gases, California Governor Gavin Newsom announced a goal to have all new passenger vehicles sold in California be Zero-Emission Vehicles (“ZEVs”) by 2035. This Article explores the possible legal issues that California’s ZEV mandate faces now and may face in the future. First, California will likely face a federal preemption challenge under the Clean Air Act. Second, the California Air Resources Board’s authority to mandate …

Head In The Bitcloud: A Discussion On The Copyrightability And Ownership Rights In Generative Digital Art And Non-Fungible Tokens, Amanda J. Sharp

San Diego Law Review

This Comment discusses three major copyright questions raised by non-fungible tokens (NFTs) creation and distribution in the digital art world. First, how does employing AI in the creation of generative and derivative digital art and NFTs affect the copyright requirements of authorship? Second, who is the rightful owner of an NFT image pre- and post-purchase? Finally, how does the first sale doctrine apply to NFT image purchases and are those protections enough to resolve future copyright-specific NFT claims? In Part I, an introductory example is laid out to showcase the complex issues generative and derivative digital art and NFT images …

Introduction For Roger Williams University Law Review, Symposium Issue, 2023-24, Gregory W. Bowman

Roger Williams University Law Review

No abstract provided.

Application And Implementation Of Modern Approaches And Views In International Relations Of The Republic Of Uzbekistan, Khabibullo Sadibakosev

Scientific reports of Bukhara State University

Introduction. The article discusses the essence and main new trends of the regional foreign policy of Uzbekistan in modern conditions. New trends in regional cooperation in the foreign policy of Uzbekistan revealed from the second half of 2016. Based on the analysis of the works of Uzbek political scientists, researchers, as well as specialists, the continuity of forms, methods, and mechanisms for ensuring stability in the Central Asian region is analyzed. The President of the Republic of Uzbekistan Shavkat Mirziyoyev in his Address to the Oliy Majlis on December 29, 2020, noted that in the face of today's complex geopolitical …

Perils Of The Reverse Silver Platter Under U.S. Border Patrol Operations, D. Anthony

University of Massachusetts Law Review

In the face of expanding U.S. Border Patrol operations across the country, that agency often acquires evidence during its searches that is unrelated to immigration or other federal crimes but may involve state crimes. States are then faced with the question of whether to accept such evidence for state prosecutions when it was lawfully obtained by federal agents consistent with federal law but in violation of the state’s own search and seizure provisions. Sometimes referred to as “reverse silver platter” evidence, states have come to widely varying conclusions as to the admissibility of federally obtained evidence that would clearly have …

The Doctrine Of Arguments Between Ibrahim And His People ( Applied Pattern), Khalid Ibrahim Hasaballah

UAEU Law Journal

The Lack of concern of the Islamic Nation (I.N.) to their doctrine yields illiterate and put its civilization behind all the other nations. Nowadays, the civilization of I.N. is in a decreasing state as a result of being less concerned on their doctrine. But despite of all these factors, the I.N. has proved its standing in the community with the help of Quraan as a guide in many ways and working with its doctrine resolve a lot of issues that showed up these days. Not only following the suggestions and non trust worthy sources. The philosophical logic is having a …

The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa

UAEU Law Journal

The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …

Illinois Biometric Information Privacy Act Litigation In Federal Courts: Evaluating The Standing Doctrine In Privacy Contexts, Michael Mcmahon

Saint Louis University Law Journal

Biometric technology, used to identify individuals based on their unchangeable and unique attributes such as fingerprints or facial geometry, has become commonplace in modern life. In Illinois, the use of biometric information by private organizations is regulated by the Illinois Biometric Privacy Act (“BIPA”), which came into effect in 2008 as the nation’s first state biometric information privacy statute. BIPA is unique in that it includes a private right of action and provides for recovery of liquidated damages where the statute is violated, which has resulted in plaintiffs bringing steadily increasing numbers of class-action suits under the law. This note …

Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.

Touro Law Review

No abstract provided.

A Call To Clarify The "Scope Of Authority" Question Of Qualified Immunity, Pat Fackrell

Cleveland State Law Review

It is no secret the doctrine of qualified immunity is under immense scrutiny. Distinguished jurists and scholars at all levels have criticized the doctrine of qualified immunity, some calling for it to be reconsidered or overruled entirely.

Amidst this scrutiny lies uncertainty in the doctrine’s application. Specifically, the federal courts of appeal are split three ways on the question of whether an official exceeding the official’s scope of authority under state law at the time of the alleged constitutional violation can successfully assert qualified immunity. Some courts of appeal do not require the official to demonstrate he acted within the …

Data-Centric Technoloiges: Patent And Copyright Doctrinal Disruptions, Tabrez Y. Ebrahim

Nova Law Review

Data-centric technologies create information content that directly controls, modifies, or responds to the physical world. This information content resides in the digital world yet has profound economic and societal impact in the physical world. 3D printing and artificial intelligence are examples of data-centric technologies. 3D printing utilizes digital data for eventual printing of physical goods. Artificial intelligence learns from data sets to make predictions or automated decisions for use in physical applications and systems. 3D printing and artificial intelligence technologies are based on digital foundations, blur the digital and physical divide, and dramatically improve physical goods, objects, products, or systems. …

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill

University of Richmond Law Review

No abstract provided.

The Equal Protection Component Of Legislative Generality, Evan C. Zoldan

University of Richmond Law Review

This article advances the broad project outlined above by recognizing

the equal protection component of legislative generality.

Exploring the relationship between the Equal Protection Clause

and the value of legislative generality both enhances an understanding

of the proper bounds of the Equal Protection Clause and

helps define the ultimate parameters of a value of legislative generality.

Part I of this article defines and provides paradigmatic

examples of special legislation. Part II identifies the most widely

held conceptions of equality that can be enforced through the

Equal Protection Clause and describes how special legislation offends

these conceptions. Part III describes how …

The Uneasy Case For The Retirement Of Douglas Kahn, Jeffrey H. Kahn

Michigan Business & Entrepreneurial Law Review

In the fall semester of 1964, a young Douglas Kahn joined the faculty of the University of Michigan Law School. During the spring semester of 2016, he will teach his final course as a full-time faculty member. For the interim fifty two years, he has been a fixture of the Michigan law school community. As a tax professor, former student, and his son, I am pleased and honored to write this introduction for an edition of the Michigan Business & Entrepreneurial Law Review honoring Professor Kahn’s tenure at the University of Michigan.

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

University of Richmond Law Review

No abstract provided.

What Is Criminal Law About?, Guyora Binder, Robert Weisberg

Michigan Law Review

In “The Changing Market for Criminal Casebooks,” Jens David Ohlin offers an appreciative, but nevertheless critical review of established criminal law casebooks. He then introduces his own offering by describing “a vision for a new casebook” that will better serve the needs and wants of contemporary students. Ohlin begins with the arresting claim that criminal law professors are passionate about their subject because they are fascinated by human depravity. Then, throughout his essay, he stresses efficient, consumer-focused delivery of doctrinal instruction as the defining task of a successful casebook. Moreover, he argues, casebooks should devote less attention to academic theories …

Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane

Brooklyn Journal of International Law

This article analyzes the proper bounds of source-based taxation of profits generated when firms outsource factor inputs, such as labor, to achieve cost savings. The article advances arguments grounded in efficiency, treaty text, and international distribution to justify greater source-based taxation than has historically been the case. To implement such expanded taxation, the article proposes a modification to transfer-pricing rules in instances where factor inputs are acquired from affiliates and a modification to the tax treaty rules regarding permanent establishments where factor inputs are acquired from unrelated parties. Finally, the article deals with a range of complications, particularly relating to …

Constitutional Avoidance As Interpretation And As Remedy, Eric S. Fish

Michigan Law Review

In a number of recent landmark decisions, the Supreme Court has used the canon of constitutional avoidance to essentially rewrite laws. Formally, the avoidance canon is understood as a method for resolving interpretive ambiguities: if there are two equally plausible readings of a statute, and one of them raises constitutional concerns, judges are instructed to choose the other one. Yet in challenges to the Affordable Care Act, the Voting Rights Act, the Chemical Weapons Convention, and other major statutes, the Supreme Court has used this canon to adopt interpretations that are not plausible. Jurists, scholars, and legal commentators have criticized …

Dualism And Doctrine, Dov Fox, Alex Stein

Indiana Law Journal

What kinds of harm among those that tortfeasors inflict are worthy of compensation? Which forms of self-incriminating evidence are privileged against government compulsion? What sorts of facts constitute a criminal defendant’s intent? Existing doctrine pins the answer to all of these questions on whether the injury, facts, or evidence at stake are “mental” or “physical.” The assumption that operations of the mind are meaningfully distinct from those of the body animates fundamental rules in our law.

A tort victim cannot recover for mental harm on its own because the law presumes that he is able to unfeel any suffering arising …

Out Of Balance: Wrong Turns In Public Employee Speech Law, Michael Toth

University of Massachusetts Law Review

Although scholars offer a variety of explanations for the modern Supreme Court’s public employee speech jurisprudence, they share a common presumption. According to the standard account, the modern era of public employee free speech law began in 1968, with the Court’s adoption of a balancing test in Pickering v. Board of Education. Contrary to this view, this Article argues that Pickering balancing is better characterized as a relic from a bygone era rather than the start of a new one. Balancing was once the Court’s standard method of judging First Amendment claims. When Pickering was decided, however, balancing was under …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

The Scope Of The Economic Loss Doctrine In Tennessee, Kasey Washburn

Tennessee Journal of Law and Policy

In Lincoln General Insurance Co. v. Detroit Diesel Corp., the Tennessee Supreme Court ruled that Tennessee law does not allow recovery in tort for a defective product that causes damage only to itself, regardless of the manner in which the damage occurs. The United States District Court for the Middle District of Tennessee brought this issue before the Tennessee Supreme Court through a certified question of law. The district court sought to establish the scope of the economic loss doctrine under Tennessee law, focusing specifically on cases where the damage to the defective product resulted from a sudden, calamitous event.

The Copyright/Patent Boundary, Viva R. Moffat

University of Richmond Law Review

No abstract provided.

The Purpose Of The Fourth Amendment And Crafting Rules To Implement That Purpose, Thomas K. Clancy

University of Richmond Law Review

No abstract provided.

Understanding The Relationship Between The Doctrine Of Patent Exhaustion And Self-Replicating Technologies After Bowman V. Monsanto Co., Amy S. Berg

Saint Louis University Law Journal

No abstract provided.

Advancing An Adaptive Standard Of Strict Scrutiny For Content-Based Commercial Speech Regulation, Nat Stern, Mark Joseph Stern

University of Richmond Law Review

No abstract provided.

The Litigation Privilege In Texas., Sam Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Certain Texas cases have arisen where one party in litigation sues the attorney representing an opposing party. In response to such cases, Texas courts promulgated a judicial doctrine generally referred to as the litigation privilege or qualified immunity in order to protect litigants’ right to zealous representation from their attorney. The general rule is that one party to a lawsuit cannot sue the other party’s attorney. However, exceptions to this doctrine exist. This article explores the contours of the litigation privilege in Texas by analyzing the primary Texas cases where one party’s claim against the opposing party’s attorney was dismissed …

Myriad In View Of The Preexisting Products Doctrine: Adopting A Structural Approach, Jonathan Pollmann

Saint Louis University Law Journal

No abstract provided.

Life Sciences Dual Use Research Of Concern, Public Health And Safety, And The Doctrine Of Unconstitutional Conditions, Vickie J. Williams

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Responsible Corporate Officer Doctrine: When Is Falling Down On The Job A Crime?, Kathleen M. Boozang

Saint Louis University Journal of Health Law & Policy

No abstract provided.