Law Commons^™

Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton

Journal of Intellectual Property Law

No abstract provided.

The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer

Journal of Intellectual Property Law

No abstract provided.

Cybersecurity, Shareholders, And The Boardroom: An Analysis Of Current And Proposed Measures For Protecting Corporate Intellectual Property, Kathryn V. Wymer

Journal of Intellectual Property Law

No abstract provided.

A Duty To Safeguard: Data Breach Litigation Through A Quasi-Bailment Lens, Miles Christian Skedvold

Journal of Intellectual Property Law

No abstract provided.

Balancing The Competing Functions Of Patent Post-Grant Proceedings, Michael Xun Liu

Journal of Intellectual Property Law

Since the 1980s, the United States Patent and Trademark Office has amended or revoked patents through post-grant proceedings. These are quasi-judicial proceedings that are often used to resolve patent disputes. But aside from adjudicating private disputes, post-grant proceedings also aim to protect the public against invalid patents, create more certainty in patent rights, and bolster confidence in the patent system. These functions are often described as “examinational” because they rely on the PTO’s ability to reexamine the validity of issued patents.

This Article explores the extent to which post-grant proceedings under the America Invents Act (AIA) perform examinational functions. Although …

Kob-Tv Interviews Kastenberg On The Stolen Valor Act, Joshua E. Kastenberg

Faculty Scholarship

Professor Kastenberg discusses the likehood of a local teenager being tried for murder as an adult.

Robben Ann Oldroyd, Petitioner/ Appellant V. Farrell Lynn Oldroyd, Respondent/ Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Judgment Entered by the Second Judicial District Court, Honorable Noel S. Hyde

From Print To Digital And Back Again: Three Decades Of Lessons From A Library Newsletter, Rachel S. Evans

Presentations

This session shared the many lessons learned over the years of publishing the UGA Law Library’s longstanding newsletter Amicus Briefs both in print and electronically. It also shared current tools used for online and print publication, as well as assessing readership including Drupal, WordPress, MailChimp, Google Analytics and DataStudio, Piktochart, iTunes, YouTube, Feedburner, and Digital Commons.

“They’Re Bringing Crime:” White Fear And Closing Borders, Hanna Rosenheimer

Student Scholar Symposium Abstracts and Posters

Leading up to the 2016 election, popular rhetoric surrounding immigrants to the United States took a marked turn. This change can be partially explained using Piotr Cap’s proximization theory, a threat-based discursive model that relies on locating threatening events in proximity to the audience in order to justify preventative or protective measures. Quantitative public opinion data from the Chapman University Survey of American Fears suggests that a disbelief in immigrants’ ability to assimilate is strongly correlated with a fear of immigrants committing crimes. White Americans who hold these beliefs typically tend to favor or strongly favor preemptive punitive action against …

Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub

Arkansas Law Review

This discussion is divided into three basic parts. Part one will provide a brief overview of artificial intelligence technology, its societal implications, and use emerging uses in hiring. Part two will discuss the potential for Title VII disparate impact arising from the use of artificial intelligence in hiring. Finally, part three will discuss proposed solutions to the challenges associated with the use of artificial intelligence technology, ultimately advocating for an approach that involves careful selection of the artificial intelligence program and balancing the use of artificial intelligence technology with human intuition.

Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao

Arkansas Law Review

Greening of company supply chains has become almost de rigueur for large, publicly facing companies. One indication of this situation is the fact that 35 of the Fortune 50 companies and at least 58 of the Fortune 100 companies discuss at least some aspects of their green supply chain management (GSCM) activities on their public websites, primarily under the heading of “responsible sourcing.” These GSCM activities ] have the potential to contribute in very important ways to meeting societal sustainability goals, influencing suppliers that are beyond the reach of the national laws of consumer nations, and driving changes in environmental …

Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman

Arkansas Law Review

The principal tasks of the chief executive officers of publicly-traded exploration and production companies is to guide senior management and the company through various operational, regulatory, and financial challenges, all the while mitigating risk and providing shareholders with an expected return on their investment. Executives face declining reserves, increased funding and development costs, and some shareholder and public opposition to oil and gas development or hydraulic fracturing based on climate change or negative environmental externalities. Although these oil and gas companies are familiar with technical and financial challenges, public opposition to extractive industries is a newer barrier to entry and …

Food Sustainability In The Age Of Complex, Global Supply Chains, Steph Tai

Arkansas Law Review

Food production has become more complex over time. Moreover, we are producing food in an increasingly global, rather than local, manner. How can demands for sustainability be reinforced in this age of complex, global supply chains? This essay focuses on three key features of the modern food supply chain: the variety of components, the complexity of the chain itself, and diversity of “enforcement” mechanisms in food production supply chains. These features suggest that traditional governmental tools (such as command and control measures) and contractual tools (such as performance standards) may not be sufficient to ensure sustainable production methods.

Board Rooms And Jail Cells: Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin

Arkansas Law Review

Although it had been mentioned in other disciplines, the term “private environmental governance” entered the legal literature in 2007. In the first paragraph of the article that imported the term, Professor Michael Vandenbergh wrote, “Nongovernmental organizations (NGOs), rather than lobbying national and international governmental bodies to generate public requirements, are using consumer pressure to demand that corporations engage in . . . private regulation.” Thus, from its very beginning, the legal scholarship on private environmental governance has explicitly acknowledged the role of NGOs. As the study of private environmental governance has grown in volume, sophistication, and recognition, the role of …

Contracting For Sustainable Surface Management, Tara Righetti

Arkansas Law Review

This article examines the surface damage agreement as an instrument of private governance. Part I describes split-estate ownership of oil and gas and the historic dominant-servient ordering of the mineral and surface estates. Part II explores the rebalancing of power effectuated by split estate acts and statutory requirements to contract for surface damages in both state and federal law. Part III examines the surface damage agreement and provides a catalog of common environmental provisions and covenants within those agreements. Part IV analyses surface damage agreements within the framework of private governance instruments, identifying their benefits and exploring the limitations of …

Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh

Arkansas Law Review

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …

The Pope And The Capital Juror, Aliza Plener Cover

Articles

In a significant change to Catholic Church doctrine, Pope Francis recently declared that capital punishment is impermissible under all circumstances. Counterintuitively, the Pope’s pronouncement might make capital punishment less popular but more prevalent in the United States. This Essay anticipates this possible dynamic and, in so doing, explores how “death qualification” of capital juries can insulate the administration of the death penalty when community morality evolves away from capital punishment.

Corporate Social Responsibility (Csr) In Islamic Banks In The Light Of Sharia: A Comparative Study Of Islamic And Western Perspectives In Saudi Arabia, Mohammed Abdullah Alshubrumi

SJD Dissertations

The focus of this study is the concept of corporate social responsibility (CSR), social justice and business ethics in relation to Sharia. The key role that Sharia plays in shaping CSR principles in business and society is explored and the related concepts of Ummah (Muslim community) and brotherhood in Islam are highlighted. In addition, Islamic social responsibility in both its mandatory (zakat) and voluntary (sadaqah, waqf, quard al-hassan) forms as practiced over centuries in Muslim society are considered. Further, the study provides significant insights into the Islamic transactions jurisprudence (fiqh al-mu'amalat).

Against …

Cartographies Of Power: Unequal Urban Development And The Racialization Of Space In São Paulo, Jessica Hyman

Undergraduate Honors Theses

This work aims first and foremost to add to the literature on urban politics and race in Brazil. Where other scholars have not so explicitly addressed the ever present ideology of whiteness in regards to spatial organization and displacement in Brazil, this piece aims to do so. I build off of the work of past scholars in reinforcing that the belief in the racial democracy of Brazil is in fact a myth. I do so by illustrating the processes of the racialization of space that occur in São Paulo’s favelas and their development. The right to the city —a Brazilian …

Week Of December 3, 2018 - December 7, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Environmental Law Society (CELS)
• Cardozo FAME Center
• Cardozo Office of Student Services & Advising
• Cardozo Student Animal Legal Defense Fund (SALDF)
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• Jewish Law Students Association (JLSA)
• Latin American Law Student Association (LALSA)

Mmu: 12/03/18–12/09/18, Student Bar Association

Monday Morning Update

Father Mike Scheduled: Tuesday, March 26

Take Home Exam Schedule

Political Science Dept Seeks TAs

Mass Schedule

Announcement - Weekly Bible Study

Legal Voices for Children & Youth Christmas Drive

Legal Writing Center

Invitation to all NDLS Student Groups

Health & Wellness Information

This Week @ NDLS

Song of the Week

Meme of the Week

1L of the Week: Connor Barrett

Long Reads of the Week

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The Obama Judge And The Foundations Of The Rule Of Law, Bruce Ledewitz

Law Faculty Publications

No abstract provided.

Ten Ideas For Community Based Justice, Ab Currie

Canadian Forum on Civil Justice

Community-based legal services have long been a part of national legal services programs in countries that introduced legal aid programs in the early years of the access to justice movement. Because of inadequate funding for legal services the pressure to do more with less has been a constant in legal aid and access to justice services. This rationing of resources has driven much creativity, innovation and a wealth of ideas for improving the delivery of legal services and continues to do so. The ten ideas about community-based justice presented in this short paper are a small part of that much …

Public And Private Spending On Justice In Canada, Lisa Moore, Mitchell Perlmutter, Trevor C. W. Farrow

Canadian Forum on Civil Justice

As a ubiquitous aspect of everyday life, it should come as little surprise that legal problems have a tremendous cumulative cost on society. Assessing the cost of civil, family and criminal justice problems in Canada is a complex and multifaceted undertaking, owing in part to the number of agencies involved in the administration of justice, the various types of justice system expenses, and the intangible and ‘knock on’ costs that often result from experiencing legal problems. Further, costs can be examined in monetary, temporal, personal, physical health, mental health and other terms. The monetary costs are of course the most …

T H E N O Tio N Of A S S E S S M E N T Of E V Id E N C E In C R Im In A L P R O C Ee D In G S, B Rajabov

ProAcademy

The article analyses the scientific and comperative-legal aspects of the notion of assessment of evidence. Besides, recommendations on improvement of the notion of assessment of evidence.

Officer Use Of Force: A Multicase Study Of Institutional Betrayal, Margarita Mcauliffe

Theses & Dissertations

Law enforcement officers in the United States are authorized to utilize force (Alpert & MacDonald, 2001); however, the use of force can cause physical and emotional trauma to the person against whom it is used, and to the person’s loved ones (WHO, 2002; Bloom, 2012; APA, 2013). The needs and rights of traumatized individuals must be addressed for healing to occur (U.S. DOJ, 2013). It was not known if the needs and rights of the survivors of officer use of force were being met. Filling a gap in the literature, this exploratory multicase study investigated 5 use-of-force incidents with demographically …

December 1, 2018: "I Retired", Bruce Ledewitz

Hallowed Secularism

Blog post, "I Retired“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

The Torch (December 2018), Crtp

Torch: The Civil Rights Team Project Newsletter

Description

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal’S Intelligence For Determinations Of Legal Personhood, Paul Mclaughlin

Law Library Faculty Scholarship

Children and animals are treated much the same under the law. Both are seen as having limited, if any, legal rights. For children there are legal processes that can be used to determine if a minor is mature enough to be considered a legal person for life affecting decision making considerations and emancipation proceedings. Animals, no matter what their intelligence levels, are not allowed an opportunity to be found as legal persons and are denied the rights, privileges, and responsibilities that legal personhood bestows. This article looks at the similarities between the historical treatment of children and animals and argues …