Law Commons^™

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Ieee Istas13- People As Sensors: The Social Implications Of Living In A Smart World, Alexander Hayes, Katina Michael, Nick Rheinberger

Alexander Hayes Mr.

What is the technological trajectory of people wearing sensors? What are the benefits, risks and costs? What is the vibe going to be like at ISTAS13 with people like Marvin Minsky and Ray Kurzweil attending? What do you hope to gain from the meeting? Can we foresee a time that all glasses will be embedded with sensors? What are the implications? E.g. in the higher education sector? What about the gathering of evidence by law enforcement? What is point of eye?

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Underclaiming And Overclaiming, Sachin Pandya, Peter Siegelman

Peter Siegelman

Arguments that we have too much litigation (overclaiming) or too little (underclaiming) cannot be valid without estimating how many of the undecided claims that are brought (actual claims) or not brought (potential claims) have or lack legal merit. We identify the basic conceptual structure of such underclaiming and overclaiming arguments, which entails inferences about the distribution of actual or potential claims by their probability of success on the merits within a claims-processing institution. We then survey the available methods for estimating claim merit.

The Quickly--Evolving Tax Filing Status For Same-Gender Couples, John Treu

John S. Treu

Discusses the evolving law regarding federal income tax filing status for same-gender couples.

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.

Canudo On Evidence: Laws Of New York, Gary Shaw

Gary M. Shaw

No abstract provided.

The Solution To The Real Blackmail Paradox: The Common Link Between Blackmail And Other Criminal Threats, Ken Levy

Ken Levy

Disclosure of true but reputation-damaging information is generally legal. But threats to disclose true but reputation-damaging information unless payment is made are generally criminal. Most scholars think that this situation is paradoxical because it seems to involve illegality mysteriously arising out of legality, a criminal act mysteriously arising out of an independently legal threat to disclose conjoined with an independently legal demand for money. But this is not quite right. The real paradox raised by the different legal statuses of blackmail threats to disclose and disclosure itself involves a contradiction between our strong intuition that blackmail threats should be criminal …

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William Corbett

William R. Corbett

No abstract provided.

Quoted In Usa Today Article "Judge's Strike At U.S. Surveillance Won't Be Last Word", Jimmy Gurule

Jimmy Gurule

Jimmy Gurule was quoted in the USA Today article "Judge's strike at U.S. surveillance won't be last word" by Kevin Johnson and Richard Wolf on December 17, 2013. "It is not clear one way or another how this will be ultimately decided,'' said University of Notre Dame law professor Jimmy Gurule, who applauded Leon's decision as a "victory for the U.S. Constitution and the rule of law.''

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Beware The Sleeper: Harris V Quinn, Kent Greenfield

Kent Greenfield

No abstract provided.

Apple Verdict Could Alter Future Of Tablet, Phone Design (Quotes: Mark Mckenna) Fox News.Com And Usa Today, Mark Mckenna

Mark P. McKenna

Apple verdict could alter future of tablet, phone design Associated Press article quotes Mark McKenna in Fox News.com and USA Today, Aug 27, 2012 "That's a great question ... and it's the subject of a fair amount of current debate," said Notre Dame University law professor Mark McKenna.

Quoted In "With Samsung Win On Galaxy Tab, Judge May Reconsider U.S. Ban", Mark Mckenna

Mark P. McKenna

"With Samsung win on Galaxy Tab, judge may reconsider U.S. ban" article by Basil Katz and Dan Levine quotes Mark McKenna in Reuters Aug 27, 2012.

Normally, when a preliminary injunction based on one patent becomes inconsistent with a subsequent verdict, the party subject to the injunction asks the court to lift it, said Mark McKenna, a professor at the University of Notre Dame's Law School.

Yet while the jury absolved Samsung on allegations the Galaxy Tab violated Apple's design patent, it did say the device infringed some of Apple's software patents. That could complicate Samsung's pitch, McKenna said.

"If …

Op-Ed: Don’T Stop At Sopa, Mark Mckenna

Mark P. McKenna

Op-ed in Slate.com by Mark McKenna. SOPA and PIPA are (almost) dead? Now can we talk about the law that already exists?

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive (Quotes: Mark Mckenna) Bloomberg/Businessweek, Mark Mckenna

Mark P. McKenna

Apple-Samsung Jury Foreman Says Google E-Mail Persuasive article by Joel Rosenblatt, Karen Gullo and Douglas MacMillan quotes Mark McKenna in Bloomberg/Businessweek, Aug 26, 201. “I could imagine him being very useful to the other jurors as long as he’s not trying to dominate the jury room,” said Mark McKenna, a University of Notre Dame Law School professor, in an interview before the verdict. “It could be the case that because this guy has a lot of expertise that a lot of jurors defer a lot of specific questions to him.” Hogan’s patent isn’t the same type as those covering software …

"The Problem Of Genericide In Trademarks" (Quotes: Mark Mckenna) Legalzoom, September 2012, Mark Mckenna

Mark P. McKenna

The Problem of Genericide in Trademarks article by Michelle Fabio quotes Mark McKenna in Legalzoom, September 2012.

University of Notre Dame Law Professor Mark P. McKenna notes that leading up to the Google lawsuit, there have been “a few cases [regarding genericide], but most of them are quite old, and courts tend to be very reluctant to declare that a mark has become generic.”

The risk of genericide for the everyday trademark owner is likely fairly low. It is also “way overstated by trademark owners who want to shut down another use but want to shield themselves from bad public …

Colin Kaepernick Defends Move To Protect Personal Brand (Quotes: Mark Mckenna) Usa Today - February 4, 2013, Mark Mckenna

Mark P. McKenna

Colin Kaepernick defends move to protect personal brand article by Jeffrey Martin on USA Today quotes Mark McKenna, February 4, 2013.

"Sometimes, there is some money to be made from capitalizing on a hot theme," said Mark McKenna, a professor at Notre Dame School of Law specializing in intellectual property, via e-mail. "That moment is, for most of your examples, pretty fleeting – think 'Linsanity.' But it's possible it is enough to justify some interest.

"But in the cases in which the phrases refer to a particular individual, sometimes they're less concerned with using the term themselves to make money …

"Kohler Co. Steamed Over Arizona Firm’S Name Salon School Makes Change To Avoid Trademark Suit" (Quotes: Mark P. Mckenna) Milwaukee Journal Sentinel, Mark Mckenna

Mark P. McKenna

Kohler Co. steamed over Arizona firm’s name Salon school makes change to avoid trademark suit by Rick Romell of the Journal Sentinel quotes Mark P. McKenna in Milwaukee Journal Sentinel on Jan. 24, 2012.

People have no hard and fast right to use their name on their business if someone else already has trademarked it, said Durst and two academic experts - Mark McKenna of the University of Notre Dame Law School and J. Thomas McCarthy, senior professor at the University of San Francisco.

McKenna, however, called Kohler Co.'s assertions "a pretty aggressive use of their trademark rights."

He said …

"Apple Vs. Samsung: Three Possible Outcomes" (Quotes: Mark Mckenna) Cnn Money, Mark Mckenna

Mark P. McKenna

Apple vs. Samsung: Three possible outcomes article by David Goldman quotes: Mark McKenna in CNN Money on Aug 24, 2012.

"I have been surprised that Samsung seems to have been on the defensive so much," said Mark McKenna, a law professor and intellectual property specialist at the University of Notre Dame.

"Apple V Samsung: Five Experts, Five Questions" (Quotes: Mark Mckenna) Computerworld, Mark Mckenna

Mark P. McKenna

"Apple v Samsung: Five experts, five questions" article by "Apple v Samsung: Five experts, five questions" (Quotes: Mark McKenna) Computerworld in Computerworld quotes Mark McKenna. Q2. If you could give advice to this jury -- that got 109 pages of instructions and hundreds of other pages of documents -- what would it be? Mark McKenna: They will have to first focus on the validity of the rights Apple and Samsung claim. A lot of the instructions have to do with damages, and damages are irrelevant if the rights aren't valid. Then I think they have to guard against the risk …

"Apple Jurors Grappled With Complex Patent Issues" (Quotes: Mark Mckenna) Associated Press, Mark Mckenna

Mark P. McKenna

"Apple jurors grappled with complex patent issues" Associated Press article by PAUL ELIAS quotes Mark McKenna, Aug 26, 2012

"Should Google Be Running Scared From Apple?" (Quotes: Mark Mckenna) Wired Aug 28, 2012, Mark Mckenna

Mark P. McKenna

Should Google Be Running Scared From Apple? article by Sarah Mitroff quotes Mark McKenna in Wired Aug 28, 2012.

Looking at the case, University of Notre Dame law professor Mark McKenna says Google is focusing on distancing itself from the pinch-to-zoom, the tap-to-zoom, and the bounce-back features that Samsung created, saying they aren’t included in its base Android code. “Google’s claim is that those features are part of the modified experience from other companies that license the Android operating system,” says McKenna.

"Free Speech Vs. Infringement In Suit On Alabama Artwork" (Quotes: Mark Mckenna) New York Times, Mark Mckenna

Mark P. McKenna

"Free Speech vs. Infringement in Suit on Alabama Artwork" New York Times article by Daniel Grant quotes Mark McKenna.

The case is of great interest to “artists all over the country whose free speech rights should not be subject to licensing arrangements by colleges and universities,” said Mark P. McKenna, a law professor at Notre Dame who was part of a group of professors that wrote a friend-of-the-court brief to the Court of Appeals on Moore’s behalf.

Mark Mckenna Quoted In The Mac News World Article "Apple Breaks Legal Serve In Samsung’S Home Court.", Mark Mckenna

Mark P. McKenna

Mark McKenna was quoted in the Mac News World article Apple Breaks Legal Serve in Samsung’s Home Court on December 13. "Neither of these companies wants to give an inch because the cumulative effect of these cases is to make it as difficult on each other as possible," Mark McKenna, a professor at Notre Dame Law School, told MacNewsWorld.

Samsung Shares Fall After Apple Verdict (Quotes: Mark Mckenna) Washington Post Aug 27, 2012, Mark Mckenna

Mark P. McKenna

Samsung shares fall after Apple verdict article by Hayley Tsukayama quotes Mark McKenna in Washington Post Aug 27, 201. Yet while the jury noted some infringement based on hardware design, they also said that Samsung violated Apple’s software design patents — findings that could have wider repercussions for the smartphone market, said Mark McKenna, a professor at the University of Notre Dame, who specializes in intellectual-property law. “Apple made most of the case about the design patents, but Apple wins on its utility patent claims, which is more significant because it relates to the software,” McKenna said. “Design only goes …

"Who Owns Crimson And White?" (Quotes: Mark Mckenna) Wall Street Journal, Mark Mckenna

Mark P. McKenna

Who Owns Crimson and White? (Quotes: Mark McKenna) Wall Street Journal. Article by Allen Barra. Mark McKenna, a Notre Dame professor specializing in trademark law, is an amicus attorney for the case. In a phone interview last week, he said: "CLC and the university are using Daniel Moore as a test case. The bottom line is that Alabama and other schools want to control all the merchandise carrying an image associated with their schools. If they win, it isn't clear how far they could take this. If Daniel Moore isn't free to use an image from an Alabama game, how …

Court: Reselling Books Bought Abroad Isn't A Copyright Violation - (Quotes: Mark Mckenna), Npr’S Morning Edition, Mark Mckenna

Mark P. McKenna

Court: Reselling Books Bought Abroad Isn't A Copyright Violation interview by Dan Bobkoff quotes Mark McKenna, NPR’s Morning Edition March 20, 2013 DAN BOBKOFF, BYLINE: Once you buy a book in the U.S., you're free to lend it, throw it away or sell it. This is called the First Sale Doctrine, says law professor Mark McKenna of Notre Dame. MARK MCKENNA: This is why there are used book stores. BOBKOFF: But the question at stake in this case was whether that still applies to products sold and made in another country. Grad student Supap(ph) Kirksang(ph) made tens of thousands of …

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.

Q&A: “The Sc Has Treated Judicial Independence As A Static Concept”, Anil Kalhan

Anil Kalhan

No abstract provided.