Law Commons^™

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson

Journal of Intellectual Property Law

No abstract provided.

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

No abstract provided.

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Journal of Intellectual Property Law

No abstract provided.

The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren

Journal of Intellectual Property Law

It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes, (in pdf format with no digit rights management (DRM) restrictions), at a suggested price of $30. In addition, students …

The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King

Journal of Intellectual Property Law

No abstract provided.

Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak

Journal of Intellectual Property Law

The implementation of post-grant trial proceedings in the U.S. Patent and Trademark Office is one of the most significant aspects of the Leahy-Smith America Invents Act. Practitioners have a great deal of new subject matter to master, including the governing statutes and rules, and instructive Patent Trial and Appeal Board decisions. All of this new law is superimposed, however, on an existing legal landscape relating to the practitioner’s duty of candor and potential consequences for candor violations. Furthermore, the new law creates additional candor and disclosure obligations specifically applicable in post-grant contested proceedings.

This paper discusses the “old” and “new” …

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.

Ndls Update 11/17/2015, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

The Evolution Of Giving: Considerations For Regulation Of Cryptocurrency Donation Deductions, Ashley Pittman

Duke Law & Technology Review

This Issue Brief looks at the rapidly growing area of cryptocurrency donations to nonprofit organizations. Given the recent IRS guidance issued on taxation of Bitcoin, specifically its decision to treat cryptocurrencies as property, questions now arise as to how charitable contributions of the coins will be valued for tax deductions. Though Bitcoin resembles most other capital gain property, its volatility, general decline in value, anonymity, and potential for abuse require specific guidance on valuation and substantiation so as to handle its unique nature and prevent larger deductions for charitable contributions than those to which taxpayers are entitled.

Noriega V. Activision/Blizzard: The First Amendment Right To Use A Historical Figure's Likeness In Video Games, Joshua Sinclair

Duke Law & Technology Review

Panama’s former dictator, Manuel Noriega, recently sued Activision Blizzard in the California Superior Court for using his likeness and image in the popular video game “Call of Duty: Black Ops II.” In his complaint, Noriega alleged that the use of his likeness violated his right of publicity. Former New York Mayor, Rudy Giuliani, came to Activision’s defense, and filed a motion to dismiss, which was granted. In granting Activision’s motion, the court held that Activision’s use of Noriega’s likeness was transformative and did not violate his right of publicity. This Issue Brief argues that the California Superior Court should not …

Red Bridge Capital, Llc, A Utah Limited Liability Company, Plaintiff And Appellee, Vs. Don Lagos, Llc, A Utah Limited Liability Company, Mellon Valley, Llc, A Utah Limited Liability Company, And Roland N. Walker, An Individual, And Sally Walker, An Individual, Defendants And Appellants : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

On appeal from the decision of the Third District Court, Salt Lake county, Judge Kennedy, District Judge

Authenticity And Admissibility Of Social Media Website Printouts, Wendy Angus-Anderson

Duke Law & Technology Review

Social media posts and photographs are increasingly denied admission as evidence in criminal trials. Courts often cite issues with authentication when refusing to admit social media evidence. Cases and academic writings separate recent case law into two approaches: The Maryland Approach and the Texas Approach. The first method is often seen as overly skeptical of social media evidence, setting the bar too high for admissibility. The second approach is viewed as more lenient, declaring that any reasonable evidence should be admitted in order for a jury to weigh its sufficiency. This Brief addresses the supposed differences between the two sets …

Meaningful Use Of Health Information Technology: Proving Its Worth?, Lisa Sprague

National Health Policy Forum

Health policymakers in recent years have looked to the implementation of health information technology (IT)—electronic health records and the like—as a means to improve quality, reduce costs, and achieve better health outcomes across populations. But implementing health IT in a meaningful way must go beyond purchasing medical records software. The U.S. Department of Health and Human Services (HHS) devised a set of measures and incentives for hospitals and eligible medical professionals within Medicare or Medicaid to mark successive stages of effective IT implementation. This issue brief discusses the history of meaningful use, the measures used to evaluate effectiveness, and the …

Brief Of Amici Curiae Labor Law & Labor Relations Professors In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Charlotte Garden, Counsel For Amici Curiae

Fred T. Korematsu Center for Law and Equality

Friedrichs v. California Teachers Association

Appeal No. 0900: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-68 (Enviro Clean Facility)

State Of Utah, Plaintiff/Appellee, Vs. Allen Bruun And James Didericksen, Defendants/Appellants, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a judgment of conviction and a restitution order for 7 counts of theft, a second degree felony, 5 counts of theft, a third degree felony, and one count of theft, a class A misdemeanor, in violation of Utah Code § 76-6-404, and one count of Pattern of Unlawful Activity, a second-degree felony, in violation of Utah Code§ 76-10-1603 Third District Court in and for Salt Lake County, State of Utah Case Nos. 111903467 and 111903468,The Hon. Katie Bernards-Goodman presiding

Vol. 49, No. 12 (November 16, 2015)

Indiana Law Annotated

No abstract provided.

Sexual Orientation Discrimination Under Title Vii After Baldwin V. Foxx, Ryan H. Nelson

Washington and Lee Law Review Online

The Equal Employment Opportunity Commission in Baldwin v. Foxx opined—for the first time—that employment discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964. This Article tackles the two administrative law questions that Baldwin poses: what level of deference should a court afford Baldwin, and should such deference force that court to overturn precedent holding that sexual orientation discrimination lies beyond the purview of Title VII?

First, after the Supreme Court’s opinion in Barnhart, lower courts have split on whether Chevron Step Zero should be governed by the rule-of-law test announced in Christensen …

University Extends Unprecedented Tuition Freeze And Guarantee, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

It's Time For A Public Option In Banking, Mehrsa Baradaran

Popular Media

Associate Professor Mehrsa Baradaran published this article in The Harvard Law Record on November 16, 2015. It discusses how post offices can provide ordinary citizens with banking services.

Due Process Vs. Administrative Law, Kent H. Barnett

Popular Media

This article by Professor Kent Barnett was published in the Wall Street Journal on November 16, 2015. It discusses the Securities and Exchange Commission recently coming under fire for pressuring its in-house administrative-law judges to rule in its favor during agency enforcement proceedings.

In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley

Nevada Supreme Court Summaries

The Court determined that under NRS § 451.007 (the Uniform Determination of Death Act) the District court failed to consider whether the American Association of Neurology (AAN) guidelines adequately measure all functions of the entire brain and whether the guidelines are considered accepted medical standards by states that have adopted the Act.

November 15, 2015: None, Bruce Ledewitz

Hallowed Secularism

Blog post, “None“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg

William & Mary Environmental Law and Policy Review

No abstract provided.

Naiming The States Where Loving Will Be Recognized: On Tea Leaves, Horizontal Federalism, And Same-Sex Marriage, Mark Strasser

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Allyship To The Intersex Community On Cosmetic, Non-Consensual Genital "Normalizing" Surgery, Robert Hupf

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Toward A Socially Responsible Application Of The Criminal Law To The Problem Of Street Harassment, Maeve Olney

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Married On Sunday, Fired On Monday: Approaches To Federal Lgbt Civil Rights Protections, Lisa Bornstein, Megan Bench

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Where The American Dream Becomes A Nightmare: Lgbt Detainees In Immigration Detention Facilities, Lauren Zitsch

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad

William & Mary Environmental Law and Policy Review

No abstract provided.