Law Commons^™

The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen

Journal of Intellectual Property Law

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. Infact, the uniformity argument was a primary justification for theenactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.

The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason for the …

Equitable Resale Royalties, Brian L. Frye

Journal of Intellectual Property Law

A “resale royalty right” is a legal right that gives certain artists the right to claim a percentage of the resale price of the artworks they created. Many countries have created a resale royalty right, but the United States has not, and a federal court recently held that a resale royalty right created by California was preempted by federal law.

Commentators disagree about the justification of the resale royalty right. Supporters argue that equity entitles artists to a resale royalty right, which also encourages the production of artwork and protects artists from exploitation. Opponents argue that the resale royalty right …

Introduction To The "Lockett V. Ohio At 40 Symposium": Rethinking The Death Penalty 40 Years After The U.S. Supreme Court Decision, Margery B. Koosed

ConLawNOW

Professor Koosed provides an introduction to the symposium on the fortieth anniversary of the U.S. Supreme Court’s decision in Lockett v. Ohio, which discusses the backstory and import of the case. The decision in Lockett laid the framework for narrowing application of the death penalty by overturning Ohio’s 1974 era death penalty law, and heralding the significance and breadth of mitigating factors that must be considered by jurors and judges making the life or death decision in the penalty phase of capital cases, and tapped in to issues of disproportionate sentencing (those decided and yet to be).

Juvenile Drug Courts, Allison Washburn

The Kabod

Past criminalization of drug crimes in response to the social control of drugs in the United States has led to harsh punitive sentences for drug crimes. Since 1989, drug courts have proliferated across the United States as a unique response to non-violent drug crimes. Over the past few decades, as legislation has increasingly criminalized drugs, the number of drug crimes has skyrocketed. Juvenile drug courts are a relatively new response to juvenile drug crimes. This paper seeks to explain the purpose and processes of juvenile drug courts to determine the areas of research necessary to better understand these programs and …

Playing To Their Passion: A Legal Research Course That Resonates With Law Students, Susan Drisko Zago

Law Faculty Scholarship

The first year of law school is chock-full of new experiences. Students can become overwhelmed in the face of so much change that they forget why they chose law school as a career path. They often lose sight of their end goal and need a touchstone to ground them back to their initial interests. Legal Research is the ideal first-year class to connect the acquisition of legal skills with interesting topics in a way that encourages students’ engagement in their present and future learning. By adding a student-selected subject context to their class, Legal Research instructors can incorporate contextualized learning …

Cardozo Law News Brief: October 26, 2018, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2018

Featured Faculty:

• Stewart Sterk
• Betsy Ginsberg
• Edward Zelinsky
• Jocelyn Getgen Kestenbaum
• Gabor Rona
• Myriam E. Gilles
• Alexander A. Reinert
• Michel Rosenfeld
• Kate Shaw
• Ekow N. Yankah

Campus News:

• Cardozo is Named to Billboard's List of Top Music Law Schools

Events:

• Are We Already Living in a "Black Mirror" World? A Conversation About AI, Law, and Corporate Ethics
• Women in IP
• Religious Accommodations and Equality: A Comparative View
• Abraham Lincoln, Adolf Hitler and the Hunt for Nazi Looted Art in America
• #MeToo and the Legal Profession
• From Script to Screen: A FAME Center and Entertainment Law Society Event
• The Conscience Wars: …

Regulation A+: New And Improved After The Jobs Act Or A Failed Revival?, Neal Newman

Faculty Scholarship

This piece is a follow-up to a previous article that I wrote on Regulation A. In April of 2012, then President Barack Obama signed into law the Jumpstart our Business Start Ups (JOBS) Act. Under the JOBS Act’s Title IV, Congress made revisions to a private offering exemption referred to as Regulation A with the intention of reviving an exempt offering option that was close to dormant. The primary Regulation A criticism being that issuers were required to do too much in terms of providing business and financial disclosure where the most the issuer could raise though a Regulation A …

Elizabeth Warren’S New Housing Proposal Is Actually A Brilliant Plan To Close The Racial Wealth Gap, Mehrsa Baradaran, Darrick Hamilton

Popular Media

Last month, Sen. Elizabeth Warren released a $450 billion housing plan called the American Housing and Economic Mobility Act. The proposal is a comprehensive and bold step toward providing affordable housing for the most vulnerable Americans. The bill is the first since the Fair Housing Act with the explicit intent of redressing the iterative effects of our nation’s sordid history of housing discrimination. Critically, it has the potential to make a substantive dent in closing our enormous and persistent racial wealth gap.

Texas Gulf Sulphur And The Genesis Of Corporate Liability Under Rule 10b-5, Adam C. Pritchard, Robert B. Thompson

Articles

This Essay explores the seminal role played by SEC v. Texas Gulf Sulphur Co. in establishing Rule 10b-5’s use to create a remedy against corporations for misstatements made by their officers. The question of the corporation’s liability for private damages loomed large for the Second Circuit judges in Texas Gulf Sulphur, even though that question was not directly at issue in an SEC action for injunctive relief. The judges considered both, construing narrowly “in connection with the purchase or sale of any security,” and the requisite state of mind required for violating Rule 10b-5. We explore the choices of the …

2018 Distinguished Service Award Program

Distinguished Service Awards

No abstract provided.

Appeal No. 0930: M-I L.L.C. Dba M-S Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-267 (Temporary Authorization; Strasburg Facility)

Appeal No. 0964: Kevin Simballa, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-231 (Auer North Unit; Hilcorp Energy)

The Digital Services Tax: A Conceptual Defense, Wei Cui

All Faculty Publications

As 2018 nears its end, a digital service tax (DST) seems imminent in Europe, yet elaborations of the DST’s motivations have so far come primarily from the European Commission and the UK Treasury: academic and practitioner commentators remain largely skeptical. This paper offers a new conceptual defense of the DST that is independent of the existing government positions. I argue that a clear case can be made for the DST as a way of taxing location-specific rent earned by digital platforms. While the DST may also be partially motivated by other, potentially conflicting visions for reforming international taxation, such as …

The Santa Clara, 2018-10-25, Santa Clara University

The Santa Clara

No abstract provided.

How Can Practitioners Help Clients Assess Their Interests And Risks In Litigation?, John Lande

Faculty Blogs

This post summarizes the discussion at a Quinnipiac-Yale Dispute Resolution Workshop. It highlights some practical ideas that the audience suggested about clients’ interests, timing of discovery and mediation, possible trial outcomes, legal fees, consequences of litigation, and decision fatigue in “marathon mediations.”

Poe, Benjamin, 1749-1839 - Relating To (Sc 3282), Manuscripts & Folklife Archives

Manuscript Collection Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 3282. Power of attorney, 5 October 1842, appointing William Dillon of Daviess County, Missouri as attorney in fact for William P. Dillon and Nathan Dillon (guardian of Isaac Dillon), both of Tazewell County, Illinois. The document authorizes William Dillon to demand and receive payment of a legacy due under the will of Benjamin Poe, deceased, of Allen County, Kentucky.

The Ghost (And Second Dean) Of Dickinson Law: Walter Harrison Hitchler, Pamela G. Smith

Perspectives on Law School History

No abstract provided.

Clark Cty. Sch. Dist. V. Las Vegas Review Journal, Nev. Adv. Op. 84 (Oct. 25, 2018) (En Banc), Edgar Cervantes

Nevada Supreme Court Summaries

The Court determined that the interest of individuals who participate in an internal investigation by a state agency regarding the inappropriate behavior of an elected official should be considered before publishing their identity or identifying information on public records. The Court adopted the Cameranesi test to determine the scope of redactions of names of persons identified in an investigative report with nontrivial privacy claims.

Contract Basics For Librarians And Others In Higher Ed, Stephen Wolfson, Mariann Burright

Presentations

If you have signature or negotiation authority for your institution, and would like to get an overview of contracts to learn what your institution’s rights and obligations may be under a contract, this session is for you! Participants will learn:

• Why it is important to understand how contracts work?
• What does it mean for a contract to be enforceable in a US court?
• How is an enforceable contract formed?
• What could lead to contract breach?

Williams V. State, 134 Nev. Adv. Op. 83 (Oct. 25, 2018), Arthur Burn

Nevada Supreme Court Summaries

The Court determined that (1) a district court must perform a comprehensive three-step analysis when a defendant challenges the use of race in peremptory strikes and that (2) a district court should hold a hearing when a defendant seeks to admit evidence showing that a minor victim could have contrived sexual abuse allegations.

Wither The Creative City? Art, Cities, And Justice, David J. Goodwin, Patrick Verel, Geeta Tewari

Posters

Maloney Library lecture series, Behind the Book

The Cost Of Obeying The Law?: The Seventh Circuit Rejects The Bona Fide Error Defense From A Debt Collector Who Followed The Then-Binding Law, Jun Qiu

Seventh Circuit Review

It is expected that people should follow the law, which includes the statutes themselves and the judicial rulings interpreting those statutes. However, if the binding judicial interpretation changes, should the parties be liable for their behavior following the old binding judicial interpretation of a federal statute at the time when it was still in effect? Or, should there be any defense that would allow the parties to shield themselves from liability for a good-faith reliance on the old binding judicial interpretation?

Stranded At Sea: The Seventh Circuit And The Rule 11 “Safe Harbor” Rule, Daniel Ristau

Seventh Circuit Review

When lawyers pursue frivolous claims, they invite sanctions. Rule 11 of the Federal Rules of Civil Procedure requires attorneys to certify that the pleadings and motions they submit are meritorious. Since 1993, attorneys have been required to serve opposing counsel with a motion—to fire a warning shot—when they intend to file for sanctions. This provides attorneys an opportunity to seek “safe harbor” and avoid sanctions by withdrawing or amending actions brought for an improper purpose.

Your Supervisor As Your Chattel: Broadening The Scope Of Negligent Hiring And Retention In Illinois, Philip F. Vieira

Seventh Circuit Review

In Illinois, employers have a duty to act reasonably in hiring and retaining their employees. An employer who negligently hires or retains an employee may be liable for injuries caused by that employee even if the employee is acting outside the scope of employment. Of course, this doctrine has to have some limit. Otherwise, employers would be responsible for practically any injury committed by one of its employees, even if it is only tangentially related to the fact of employment. However, courts have struggled to define that outer limit. Particularly when faced with horrific injuries, courts may be tempted to …

Mirror, Mirror On The Wall, Are They Trainees And Not Employees At All? The Legality And "Economic Reality" Of Unpaid Internships, Beatriz Carrillo

Seventh Circuit Review

The number of unpaid internships has skyrocketed over the past years as employers seem to prefer those with experience in the field. “Experience” has become the currency that college students seek to open the door to future employment. Unpaid interns have become the modern-day equivalent of entry-level employees. However, they are not paid for the hours worked and lack the normal employment protections offered to employees, such as FLSA and Title VII protections. The court's interest recently has been sparked to define the roles of interns in the labor force and has started to shape intern’s legal protections. As a …

The “Animus” Briefs: Attacks On The Seventh Circuit’S Sound Analysis Of Transgender Bathroom Rights In Public Schools, Brennan B. Hutson

Seventh Circuit Review

You have probably heard about state legislatures floating the idea of “bathroom laws” that would prohibit transgendered individuals from using the bathroom of their gender identity in public places. Although no state has actually signed such legislation into law, the spirit of those anti-transgender laws has been carried out in smaller governmental entities: public schools. Unlike a hypothetical state law, which would be nearly impossible to enforce without state officials performing inspections of genitals, a school policy is truly enforceable and has real effects.

Outgrowing Its Usefulness: Seventh Circuit Limits The Application Of The Common Actor Inference In Title Vii Discrimination Cases, Michael G. Zolfo

Seventh Circuit Review

Can a person harbor discriminatory views toward protected minority groups, yet still hire a member of that group as an employee? Under Title VII jurisprudence, the “common actor inference” holds that if the same supervisor hires and fires an employee in a short time period, that supervisor likely did not have a discriminatory reason for the employment decision. The common actor inference has been accepted and used across all U.S. Circuit Courts of Appeal, but was recently criticized and limited by the Seventh Circuit.

Vasquez V. Foxx: Brief Of Eighteen Scholars As Amici Curiae In Support Of Petitioners, J. J. Prescott

Appellate Briefs

Amici are eighteen scholars across six disciplines whose work includes the leading empirical studies of persons convicted of sexual offenses and the laws applied to them. The Appendix identifies them and describes their work.

Amici believe it critical that judicial decisions affecting constitutional rights be grounded on an accurate understanding of empirical realities. At the very least, they should not propagate misunderstandings. Unfortunately, such misunderstandings are commonplace and often traceable to language in early opinions of this Court. The Seventh Circuit opinion in this case is an example. It relies on mistaken assumptions about both the re-offense risks posed by …

Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora

Journal Articles

Este artículo presenta los dos temas centrales de la filosofía del derecho de Wilfrid J. Waluchow –el positivismo incluyente y el constitucionalismo del “árbol vivo”– con una exposición crítica de sus principales tesis, los contextos en los que surgen y las principales objeciones y desaf íos a los que aún deben responder.

[This paper addresses the two main Wilfred J. Waluchow’s research interests on philosophy of law, namely Inclusive Legal Positivism and the Constitutionalism presented in The Living Tree. The author provides us with a critical exposition of Waluchow’s main theses and a proper background where Waluchow’s philosophy is set, …

Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.