Law Commons^™

Justice Department Inspector General’S Report Raises Troubling Questions About Fbi’S Role In Fisa Cases, Peter Margulies

Law Faculty Scholarship

No abstract provided.

What’S Good For The Goose Is Good For The Gander, Or Is It? The Pitfalls Of Using The Court’S Neoliberal Construction Of The First Amendment To Protect Secondary Picketing, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Court Issues Preliminary Injunction Against President Trump’S Ban On Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

A Global Perspective On Digital Sampling, Loren Mulraine

Law Faculty Scholarship

The state of the law in the United States is complicated by the fact that the de minimis doctrine is, and has been a muddled doctrine. Copyright law and patent law allow future authors and inventors to build upon the works of previous rights holders. In the patent world, the new work must be a non-obvious improvement on the original patent. In copyright, the key is that the secondary user cannot take a substantial portion of the prior author's copyrightable expression. There is no infringement without substantial similarity. By definition, a de minimis taking is the polar opposite of substantial …

New Homeland Security Asylum Rule Allows Removal To Central American Countries That Have Signed Agreements With The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

Judge Issues Temporary Restraining Order Against Proclamation Barring Uninsured Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Investment In Latin America Will Limit Migration North, Ryan J. O'Riordan, Stanley P. Kowalski

Law Faculty Scholarship

The refugee crisis at the US Southern Border is due to multiple compounding factors: Latin America’s over-reliance on commodities, failure to economically diversify to innovation, and a lack of coherent US strategic engagement with the region. The situation is hemispheric; imploding states and a serious humanitarian calamity loom ever larger on the southern horizon. Since this represents a long-term problem requiring strategic and sustainable development initiatives, a new Alliance for Progress for the 21st Century is proposed which will build partnerships to advance innovation-driven development across the region.

Rescinding Inclusion In The Administrative State: Adjudicating Daca, The Census, And The Military's Transgender Policy, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Data Scams, Roger Allan Ford

Law Faculty Scholarship

Targeting platforms like Google and Facebook are usually seen as presenting tradeoffs between utility and privacy. This Article identifies and describes a different, non-privacy cost of targeting platforms: they make it easier for malicious actors to scam others. They do this by making it easier for scammers to reach the most promising victims, hide from law-enforcement authorities and others, and develop better scams. Technology offers potential solutions, since the same data and targeting tools that enable scams could help detect and prevent them, though neither platforms nor law-enforcement officials have both the incentives and expertise needed to develop and deploy …

President Trump Bars Uninsured Immigrants From The U.S., Peter Margulies

Law Faculty Scholarship

No abstract provided.

So You Want To Talk About Race By Ijeoma Oluo, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.

Quantifying The Resilience Value Of Distributed Energy Resources, James M. Van Nostrand

Law Faculty Scholarship

Extreme weather events, which are occurring with increasing frequency as a result of climate change, threaten the reliability and resilience of the nation's electricity grid. Increased flooding due to intense rainfall, hurricane damage fueled in part by a warmer atmosphere and warmer, higher seas, and widespread wildfires caused by extended drought conditions constitute potential hazards for utility infrastructure and delivery of essential electricity service. As a possible adaptation strategy, increased deployment of distributed energy resources (DERs), which are small-scale generating resources located near-and connected to-a load being served with or without grid interconnection, can improve the resilience of the electric …

Review Of Ian Kerr And Jane Bailey, The Implications Of Digital Rights Management For Privacy And Freedom Of Expression, 2 Journal Of Information, Communication & Ethics In Society 87 (2004), Ann Bartow

Law Faculty Scholarship

Ian Kerr, who passed away far too young in 2019, was an incisive scholar and a much treasured colleague. The wit that sparkled in his papers was matched only by his warmth toward his friends, of whom there were many. He and his many co-authors wrote with deep insight and an equally deep humanity about copyright, artificial intelligence, privacy, torts, and much much more.

Ian was also a valued contributor to the Jotwell Technology Law section. His reviews here display the same playful generosity that characterized everything else he did. In tribute to his memory, we are publishing a memorial …

Uncertainty In Employee Status Across Federal Law, Ryan G. Vacca

Law Faculty Scholarship

Numerous federal statutes rely on a distinction between employees and independent contractors. Based on a series of Supreme Court decisions from 1968 through 2003, courts and administrative agencies have used a common law multifactor test to draw this distinction. In an effort to enhance predictability and certainty within and across legislation, these cases have rejected a purposive approach in applying the test. But the Supreme Court has never said which, if any, of the factors are the most important in the analysis, nor has anyone determined whether the underlying purpose—enhancing predictability and certainty—has been attained.

This empirical Study uses content …

Supreme Court Stays Asylum Injunction: Signal On The Merits Or Procedural Snag?, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …

What Ending The Flores Agreement On Detention Of Immigrant Children Really Means, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Ninth Circuit Stays Part Of Injunction Against Third Country Asylum Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

East Bay District Court Enjoins New Asylum Rule, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Administration's New Asylum Rule Exceeds Statutory Authority, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Do Female Investors Support Female Entrepreneurs? An Empirical Analysis Of Angel Investor Behavior, Seth C. Oranburg, Mark Geiger

Law Faculty Scholarship

There is an ongoing debate on why female entrepreneurs face greater challenges than their male counterparts do in raising capital for their companies. Rooted in homophily – theory supporting the notion that women support women – is the argument that there are not enough female investors to support female-led firms. In the context of accredited investor-investee exchanges, we explored whether the gender of investor and the gender of investee’s CEO are related. Using a United States sample of 529 investments from fiscal year 2018, we found a significant association between the gender of the investor and the gender of the …

Asylum Update: Trump’S ‘Remain In Mexico’ Policy Can Continue, The Ninth Circuit Rules, Peter Margulies

Law Faculty Scholarship

No abstract provided.

New Asylum Limits: A Balancing Act For The Homeland Security Secretary, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Another Hague Judgements Convention? Bucking The Past To Provide For The Future, Louise Ellen Teitz

Law Faculty Scholarship

No abstract provided.

Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Will Conservative Justices Sound The Death Knell Of State Action? Be Careful For What You Wish, Anne M. Lofaso

Law Faculty Scholarship

No abstract provided.

Supreme Court Reinforces Mandatory Detention Of Immigrants, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn

Law Faculty Scholarship

No abstract provided.

The Role Of Deference In Adjudicating The Military Transgender Policy, Daca And The Census, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Learning From Millennials In The Legal Workspace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen

Law Faculty Scholarship

No abstract provided.