Law Commons^™

A Natural Right To Copy, Glynn Lunney

Faculty Scholarship

In this symposium, we gather to celebrate the work of Wendy Gordon. In this essay, I revisit her article, A Property Right in Self-Expression: Equality and Individualism in the Natural Law of Intellectual Property. In the article, Professor Gordon first used the "no-harm" principle of John Locke to justify copyright as natural right and then used his “enough-and-as-good” proviso to limit that right. Her second step turned natural rights approaches to copyright on its head. Through it, she showed that even if we accept copyright as natural right, that acceptance does not necessarily lead to a copyright of undue breadth …

Reverse Contributors? African State Parties, Icsid, And The Development Of International Investment Law, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these dispute are limited. This article addresses this gap. It examines the contribution of some of the high-profile ICSID disputes involving African states to the development of international investment law. Notwithstanding the charges against African States in ICSID, I contend that the involvement of African States in ICSID Disputes has contributed to the development of international investment law. In particular, the jurisprudence that …

The Daily Work Of Fitting In As A Marginalized Lawyer, Kim Brooks

Articles, Book Chapters, & Popular Press

Despite increased public dialogue about the need for inclusion, marginalized lawyers adjust their behaviour to “fit” in their legal workplaces. In this article, the author presents the results of interviews with lawyers in Canada who self-identify as belonging to a marginalized group based on race, ethnicity, Indigeneity, gender or sexual identity, working-class background, and/or disability. Based on these interviews, the author advances a taxonomy of the five strategies employed by these lawyers to fit in to their workplaces: covering strategies, compensating strategies, mythologizing strategies, passing strategies, and exiting strategies. Marginalized lawyers employ covering strategies, which may be appearance-, affiliation-, advocacy-, …

The Right To Stay: The Suspension Clause, Constitutional Avoidance, And Federal District Court Jurisdiction To Grant Stays Of Removal Despite 8 U.S.C. Sec. 1252(G), Yael Ben Tov

Cardozo Law Review

No abstract provided.

Aligning Investment Treaties With Sustainable Development Goals, Lise Johnson, Lisa E. Sachs, Nathan Lobel

Columbia Center on Sustainable Investment Staff Publications

Policy makers and other stakeholders are currently asking fundamental questions about whether and to what extent international investment agreements (IIAs) are consistent with and are helping to advance sustainable development objectives at home and abroad.

A 2019 paper from CCSI examines the alignment of IIAs with the 2030 Sustainable Development Agenda, arguing that while FDI will play an important role in advancing development outcomes, existing treaties must be reformed and future IIAs reimagined in order to achieve deep alignment with the sustainable development goals.

The paper proposes that IIAs should be designed and evaluated with respect to their ability to …

Improving Access To Justice: Do Contingency Fees Really Work?, Allan C. Hutchinson

Articles & Book Chapters

While not touted as a universal panacea for access problems, contingency fees have received general praise as an important and justice-improving initiative. By back-loading the payment of legal fees, the assumption is that the interests of clients and litigants will be better served. I challenge that received wisdom. While the rise of contingency fee agreements between lawyers and clients has increased the number of people who can afford lawyers and make successful claims, the more challenging issue is whether that increase is being achieved at too high a price to clients and litigants – while more people are able to …

J Mich Dent Assoc December 2019

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA’s 6,200+ members across the state. No publication reaches more Michigan dentists! This month's issue features articles on the importance of beneficiary designation and estate planning, managing your online reputation, and a trauma-informed approach to dental care.

End Matter

Journal of International Business and Law

No abstract provided.

Financial And Industrial Investors: It Is Time For An Informal Voice, Monica Cossu

Journal of International Business and Law

This article begins by distinguishing between financial intermediaries and institutional investors, and providing a taxonomy of the different types of active behaviours starting with the formal, more traditional and widely-known typologies of activism, then redirecting focus to other informal forms of activism, disentangling the "collective" from the "individual" ones. References will be made to American, British, French, German, Italian and Spanish contexts. Some limited remarks will be devoted to identifying the specifics aims and similarities of other international jurisdictions (for example to Icelandic one for its slate voting system for the appointment of directors, which is very similar to the …

Securitisation Special Purpose Vehicles In Ireland: Regulatory Nature And Central Bank Of Ireland Supervision, Matteo Zambelli

Journal of International Business and Law

No abstract provided.

Nash Bargaining Solution And Its Generalizations In Intellectual Property Litigation: Virnetx And An Analysis Of The Court's Decision, Rajeev R. Bhattacharya

Journal of International Business and Law

I explain the Nash Bargaining Solution and its generalizations. I discuss their pros and cons in the context of intellectual property litigation. I then provide a description and analysis of the Court's decision in VirnetX from this perspective.

The World Trade Organization Should Lyft The Globe Out Of Its Uber Problem, J. B. Bailey

Journal of International Business and Law

No abstract provided.

In Greece: A Human Rights Warzone Demands Expansion Of The International Criminal Court, Kyriaki Christodoulou

Journal of International Business and Law

No abstract provided.

Up To Par: Guaranteeing The Right Of Quality Control In The Golf Ball Refurbishment Industry, James Karins

Journal of International Business and Law

No abstract provided.

Challenging H-1b Denials In Federal Courts: Trends And Strategies, Hun Lee, Stephen W. Yale-Loehr

Cornell Law Faculty Publications

The denial rate for H-1B petitions has quadrupled over the past few years, increasing from six percent in fiscal year (FY) 2015 to twenty-four percent in FY 2018. After President Trump issued his ‘‘Buy American and Hire American’’ executive order in April 2017, U.S. Citizenship and Immigration Services (USCIS) has effectively raised the standard of proof on H-1B petitions.

USCIS has used several reasons to deny H-1B petitions, including claims that the employer failed to show that a position qualifies as a ‘‘specialty occupation,’’ impermissibly assigned employees to third-party worksites, or failed to pay the required wage.

Under USCIS’s recent …

Sb 213 - Campaign Contributions Reporting, David R. Carducci, Minho R. Seo

Georgia State University Law Review

The Act amends Georgia’s campaign contributions reporting requirements for public officials. Specifically, the Act amends the dates that campaign contributions must be filed by public officials during nonelection years from January 31, before the start of the legislative session, to June 30, after the end of the legislative session. The Act also amends an election year reporting date from March 31 to April 30. Furthermore, the Act requires that any person or independent committee that contributes to, accepts contributions for, or makes expenditures on behalf of candidates to file a December 31 campaign contribution disclosure report

Mise En Scene And The Decisive Moment Of Visual Legal Rhetoric, Michael D. Murray

Law Faculty Scholarly Articles

This article explores the attorney author's understanding and implementation of principles that define how visual rhetorical works fulfill the task of effective visual communication and advocacy. These principles-referred to as mise en scene-will guide the attorney in the identification or creation of works that will exhibit the "decisive moment" of effective visual rhetoric in legal contexts. In equal measure, knowledge and understanding of these principles will enable lawyers to design and use effective visuals, and to challenge or respond to the visual rhetorical works proffered by their opponents.

Lawful Searches Incident To Unlawful Arrests: A Reform Proposal, Mark A. Summers

Buffalo Law Review

No abstract provided.

A Kafkaesque Process? Ferc Jurisdiction During Chapter 11 Bankruptcy, Richard E.B. Dornfeld, Cory J. Marsolek

Mitchell Hamline Law Review

No abstract provided.

The Simultaneous Pursuit Of Cost Recovery And Contribution Under Cercla: Making Sense Of Cercla's Private Party Remedies In The Aftermath Of Atlantic Research, Eric A. Degroff

Mitchell Hamline Law Review

No abstract provided.

Animal Rights: Time To Start Unpacking What Rights And For Whom, Jane Kotzmann, Nick Pendergrast

Mitchell Hamline Law Review

No abstract provided.

Transportation Electrification: An Examination Of The Utility's Role, Kate Kahlert

Mitchell Hamline Law Review

No abstract provided.

Reorganizations, Sales, And The Changing Face Of Restructuring In Canada: Quantitative Outcomes Of 2012 And 2013 Ccaa Proceedings, Alfonso Nocilla

Dalhousie Law Journal

This article examines quantitative data on the outcomes of proceedings under the Companies’ Creditors Arrangement Act (CCAA), Canada’s principal statute for resolving large, complex corporate insolvencies. In particular, this article compares the durations, direct costs, and returns to different classes of creditors generated by traditional reorganizations under the CCAA and by “liquidating CCAAs”—that is, proceedings in which the insolvent debtor sells substantially all of its assets rather than reorganizing itself. The article makes a number of contributions to the existing scholarship. Firstly, quantitative data on CCAA proceedings are rare. The data examined here, collected by the author from proceedings initiated …

Mal-Who? Mal-What? Mal-Where? The Future Cyber-Threat Of A Non-Fiction Neuromancer: Legally Un-Attributable, Cyberspace-Bound, Decentralized Autonomous Entities, Jonathan A. Schnader

North Carolina Journal of Law & Technology

For decades, science fiction writers have tackled philosophical and existential questions arising from the creation of artificial intelligence (“AI”) by human beings. AI, however, is no longer a fictional concept, but rather an evolving part of modern society. How will AI systems impact United States’ national security interests? Considering the increased national security threat coming from actors in cyberspace, policymakers should consider the cybersecurity risk of AI systems that operate entirely in cyberspace. This article opines that a serious threat to national security will arise from a cyberspace-bound, decentralized autonomous entity (“CyDAE”) because of the “unexplainability” of current AI system …

The Influencers: Facebook's Libra, Public Blockchains, And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

North Carolina Journal of Law & Technology

The theoretical promise of blockchain technology is truly extraordinary: a peer-to-peer distributed immutable ledger that could revolutionize economies, societies, and even our daily lives. But what if blockchain technology is not as decentralized as people think? What are the ramifications if, in reality, a blockchain’s core decisions are actually influenced by small groups of people or corporations?

This short article seeks to answer that question, by demonstrating that decentralized public blockchains are only as immutable as the decentralization of their governance. Moreover, the announcement of Libra, Facebook’s new permissioned blockchain, shows a growing trend of centralized control around decentralized technologies. …

From Amazon's Domination Of E-Commerce To Its Foray Into Patent Litigation: Will Amazon Succeed As "The District Of Amazon Federal Court"?, Kaity Y. Emerson

North Carolina Journal of Law & Technology

Modern-day consumers often expect instant gratification. Instead of shopping via printed catalogues and retail stores, consumers flock to the convenience of online shopping platforms, like Amazon. On these platforms, consumers have instant access to items they need, anytime, and anywhere. The popularity of these platforms to both consumers and sellers of items has also ushered in a wave of counterfeit products to these platforms. Technology giant Amazon has a pervasive counterfeit problem that has been harming the legitimacy of its retail operation for some time. Amazon had previously employed a hands-off approach to counterfeits and left sellers to resolve disputes …

Temporal Equal Protection, David A. Super

North Carolina Law Review

No abstract provided.

Ai Goes To School—Implications For School District Liability, Harold J. Krent, John Etchingham, Alec Kraus, Katharine Pancewicz

Buffalo Law Review

No abstract provided.

The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson

Buffalo Law Review

Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …

Abandoning Realization And The Transition Tax: Toward A Comprehensive Tax Base, Henry Ordower

Buffalo Law Review

No abstract provided.