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Articles 1 - 30 of 63
Full-Text Articles in Law
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Tax Benefits Of Government-Owned Marijuana Stores, Benjamin Leff
Articles in Law Reviews & Other Academic Journals
This Article is the first to address whether independent governmental affiliates that sell marijuana are exempt from federal income tax under section 115 of the Internal Revenue Code. It argues that such entities should easily pass the IRS's current interpretation of the three requirements for tax-exemption under section 115: (i) that exempt income be derived from "the exercise of any essential governmental function"; (ii) that such income "accru[e] to a State or any political subdivision thereof"; and (iii) that the income "not serve private interests[.]" In addition, this Article argues that though selling marijuana is illegal under federal law, that …
Nontechnical Disclosure, Jonas Anderson
Nontechnical Disclosure, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet
Articles in Law Reviews & Other Academic Journals
The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints.In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress the …
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Book Review J. Shoshanna Ehrilich, Regulating Desire: From The Virtuous Maiden To The Purity Princess, Maya Manian
Articles in Law Reviews & Other Academic Journals
In this effective and engaging book, J. Shoshanna Ehrlich uncovers the hidden agendas underlying the long history of the law's regulation of female adolescent sexuality. Ehrlich persuasively demonstrates that a multitude of laws purporting to protect public health in one form or another in fact "encode the value of female virtue into law based upon a set of assumptions about their sexuality" (3). The book spans a wide time period, moving chronologically through a series of legal reform movements targeting young women's sexuality, from the 1838 effort to criminalize seduction to the modem-day movement promoting abstinence-only sex education. Although the …
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Intellectual Property And Related Rights In Climate Data, Michael Carroll
Articles in Law Reviews & Other Academic Journals
This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Thinking Outside The Jury Box: Deploying The Grand Jury In The Guilty Plea Process, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
There is near-universal agreement that the engine of the modern American criminal justice system is plea bargaining.'Given the ubiquity of plea bargaining, the Supreme Court and the rest of the legal community have begun setting their sights on how the practice might be better regulated. At the same time, many hold the view that the grand jury has outlived its usefulness in the administration of criminal justice and is a relic of a time gone by. Even before recent calls for the abolition of the grand jury in the wake of high-profile cases that seemed to cast the institution in …
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Judge Rodney Gilstrap has a lot of patent cases on his docket. In fact, in 2015 there were 1,686 patent cases that were filed and assigned to Judge Gilstrap, an astronomical number for a single judge. Judge Gilstrap — one of eight federal judges who sit on the Eastern District of Texas — is so popular with patent plaintiffs that over one-fourth of all patent cases in the country are heard by him. This Article addresses the problems with allowing this judge shopping to occur. It reviews the scholarship on the topic that is almost universally opposed to judge shopping …
President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams
President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams
Articles in Law Reviews & Other Academic Journals
Many commentators argue that the White House does not have a policy regarding the Middle East and North Africa. Based on observations of the White House's foreign policy decisions over a breadth of seven years, this article argues that The White House does have a clear policy and it is one of Strategic Absence. The term Strategic Absence is used to describe political behavior that arises from a belief that sometimes, in foreign affairs, it is better to be absent rather than present. Strategic Absence has led to a degradation of American influence in the Middle East and has contributed …
Policing Criminal Justice Data, Wayne Logan, Andrew Ferguson
Policing Criminal Justice Data, Wayne Logan, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses a matter of fundamental importance to the criminal justice system: the presence of erroneous information in government databases and the limited government accountability and legal remedies for the harm that it causes individuals. While a substantial literature exists on the liberty and privacy perils of large multi-source data assemblage, often termed "big data," this article addresses the risks associated with the collection, generation and use of "small data" (i.e., individual-level, discrete data points). Because small data provides the building blocks for all data-driven systems, enhancing its quality will have a significant positive effect on the criminal justice …
The Big Data Jury, Andrew Ferguson
The Big Data Jury, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
This article addresses the disruptive impact of big data technologies on jury selection.Jury selection requires personal information about potential jurors. Current selection practices, however, collect very little information about citizens, and litigants picking jury panels know even less. This data gap results in a jury selection system that: (1) fails to create a representative cross-section of the community; (2) encourages the discriminatory use of peremptory challenges; (3) results in an unacceptably high juror “no show” rate; and (4) disproportionately advantages those litigants who can afford to hire expensive jury consultants.Big data has the potential to remedy these existing limitations and …
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman
Rendered Invisible: African American Low-Wage Workers And The Workplace Exploitation Paradigm, Llezlie Coleman
Articles in Law Reviews & Other Academic Journals
The narrative of low-wage worker exploitation has increasingly narrowed in focus to reflect the experiences of undocumented immigrant workers whose immigration status makes them particularly vulnerable to wage theft and other denials of their substantive workplace rights. Indeed, much of the scholarship in this area rests solidly at the intersection of immigrant justice and employment law. This article disrupts this paradigm by arguing that this limited narrative has rendered African American low-wage workers invisible. It also draws from the voices of low-wage worker advocates who have borrowed from current activism to announce that #BlackWorkersMatter. Given the role of paradigms in …
Judicial Lobbying, Jonas Anderson
Judicial Lobbying, Jonas Anderson
Articles in Law Reviews & Other Academic Journals
Abstract: Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done-not to mention little that could be done-to restrict judges from lobbying. Judicial lobbying occurs, in large part, when …
The External Dimension Of Eu Investment Law, Fernanda Nicola
The External Dimension Of Eu Investment Law, Fernanda Nicola
Articles in Law Reviews & Other Academic Journals
EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements ("FTAs") is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …
The Affordable Care Act Is Not Tort Reform, Andrew F. Popper
The Affordable Care Act Is Not Tort Reform, Andrew F. Popper
Articles in Law Reviews & Other Academic Journals
On March 23, 2010, President Obama signed The Patient Protection and Affordable Care Act (PPACA). Prior to the enactment of the PPACA, Congress held several hearings focused on subrogation and relaxation of collateral source restrictions as well as caps on damages in an effort to promote tort reform. While the ACA included provisions on medical liability reform, the suggested tort reform was thwarted, and the ACA had no actual legal effect on limiting medical malpractice liability. This article argues that the reality is that the PPACA has done nothing to change the admissibility of collateral sources nor has it enhanced …
Student Loan Derivatives: Improving On Income-Based Approaches To Financing Law School, Benjamin Leff, Heather Hughes
Student Loan Derivatives: Improving On Income-Based Approaches To Financing Law School, Benjamin Leff, Heather Hughes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Stories Of Teaching Race, Gender, And Class: A Narrative, Brenda V. Smith
Articles in Law Reviews & Other Academic Journals
This Essay transcribes and discusses Smith's keynote speech at the New England Clinical Conference at Harvard Law School in November, 2015. Smith's speech discusses the intersection between race, gender, and class, highlighting them as sites of vulnerability through a personal storytelling lens. By sharing her individual experiences, Smith hopes to draw attention to insecurities and threats faced by many individuals who refuse to speak out.
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Frontlines: Policing At The Lexus Of Race And Mental Health, Camille Nelson
Articles in Law Reviews & Other Academic Journals
he last several years have rendered issues at the intersection of race, mental health, and policing more acute. The frequency and violent, often lethal, nature of these incidents is forcing a national conversation about matters which many people would rather cast aside as volatile, controversial, or as simply irrelevant to conversations about the justice system. It seems that neither civil rights activists engaged in the work of advancing racial equality nor disability rights activists recognize the potent combination of negative racialization and mental illness at this nexus that bring policing practices into sharp focus. As such, the compounding dynamics and …
Independence And Immigration, Amanda Frost
Independence And Immigration, Amanda Frost
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour
Can't Get There From Here: Recalculate Into Better Legal Writing, Heather Ridenour
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Is Courtesy No Longer Contagious, David Spratt
Is Courtesy No Longer Contagious, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez
The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker
Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker
Articles in Law Reviews & Other Academic Journals
As is well known among financial economists but not previously recognized within the antitrust community, large and diversified institutional investors such as BlackRock, Fidelity, State Street, and Vanguard collectively own roughly two-thirds of the shares of publicly traded U.S. firms overall, up from about one-third in 1980. Recent economic research involving airlines and banking raises the possibility that overlapping ownership of horizontal rivals by diversified financial institutions facilitates anticompetitive conduct throughout the economy, and that the problem has been growing for decades, unnoticed until now. This response to an article by Professor Einer Elhauge, explains why it may be more …
Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson
Why The Hurry To Regulate Autonomous Weapon Systems-But Not Cyber-Weapons?, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
The Historical Realization Of The Americans With Disabilities Act On Athletes With Disabilities, Michael W. Carroll, Michael Cottingham, Don Lee, Deborah Shapiro, Brenda Pitts
Articles in Law Reviews & Other Academic Journals
The Americans with Disabilities Act (ADA) of 1990 has been one of the most powerful tools used by persons with disabilities in the fight for access and equality. Significant case law demonstrates the impact of the ADA on disability sport participation and access, but little is known regarding how the ADA has impacted athletes with disabilities. Thus, the purpose of this study was to gain the perspective of elite athletes with disabilities who competed before and after the ADA's enactment. Participants were interviewed, and the data were transcribed and analyzed. Findings indicated that participants generally felt physical barriers were most …
Residual Value Capture In Subsidized Housing, Brandon Weiss
Residual Value Capture In Subsidized Housing, Brandon Weiss
Articles in Law Reviews & Other Academic Journals
This Article argues that our primary federal subsidized housing production pro- gram, the Low-Income Housing Tax Credit (LIHTC), will result in the unnecessary forfeit of billions of dollars of government investment and the potential displacement of tens of thousands of households beginning in 2020 when LIHTC property use restrictions start to expire. The LIHTC example is presented as a case study of an inherent dynamic of public-private partnerships namely, the potential capture by for-profit providers of "residual value." For purposes of this Article, this is value generated by a public-private transaction that is unnecessary to incentivize a private provider to …
The Feminist Case For Acknowledging Women's Acts Of Violence, Jamie Abrams
The Feminist Case For Acknowledging Women's Acts Of Violence, Jamie Abrams
Articles in Law Reviews & Other Academic Journals
This Article makes a feminist case for acknowledging women’s acts of violence as consistent with — not threatening to — the goals of the domestic violence movement and the feminist movement. It concludes that broadly understanding women’s use of strength, power, coercion, control, and violence, even illegitimate uses, can be framed consistent with feminist goals. Beginning this conversation is a necessary — if uncomfortable — step to give movement to the movement to end gendered violence.
The domestic violence movement historically framed its work on a gender binary of men as potential perpetrators and women as potential victims. This binary …
Should The Best Offenses Ever Be A Good Defense: The Public Authority To Use Force In Millitary Operations: Recalibrating The Use Of Force Rules In The Standing Rules Of Engagement, Gary Corn
Articles in Law Reviews & Other Academic Journals
The Chairman of the Joint Chiefs of Staff's Standing Rules of Engagement/StandingRules for the Use of Force (SROE/SRUF)for U.S. Forces provides strategic guidance to the armed forces on the authority to use force during all military operations. The standing self-defense rules in the SROE for national, unit, and individual self-defense form the core of these use-of-force authorities. The SROE self-defense rules are incorrectly built on a unitary jus ad bellum framework, legally inapplicable below the level of national self-defense. Coupled with the pressures of sustained counter-insurgency operations, this misalignment of individual and unit self-defense authorities has led to a conflation …
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Law Enforcement Access To Data Across Borders: The Evolving Security And Rights Issues, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Liability For Mobile Health And Wearable Technologies, Lindsay Wiley, Nicolas Terry
Liability For Mobile Health And Wearable Technologies, Lindsay Wiley, Nicolas Terry
Articles in Law Reviews & Other Academic Journals
Most of the legal commentary regarding mobile health has focused on direct regulation leveraging existing laws and regulators such as HIPAA privacy through HHS-OCR or device regulation by the FDA. However, much of the mobile health revolution likely will play out in lightly regulated spaces bereft of most of the privacy, security, and safety rules associated with traditional health care. This article examines the potential for common law liability models to bridge these gaps (even on a temporary basis). Part II of this paper provides an introduction to the terminology used, and presents a brief typology of the apps appearing …