Law Commons^™

Reviewing Inter Partes Review Five Years In: The View From University Technology Transfer Offices, Cynthia L. Dahl

All Faculty Scholarship

With the implementation of the inter partes review (IPR) proceeding under the America Invents Act in 2012, university technology transfer offices (TTOS) were worried that the value of their patents might be irreparably harmed. With IPR proceedings making patent challenges easy, relatively inexpensive, and a threat extending over the lifetime of a patent, TTOs wondered if IPRs might do nothing short of undermining their licensing business model.

However, although IPRs have irreparably changed the patent infringement landscape outside of the university setting, the effect on university patents has not been nearly as severe. This chapter explores why that might be …

A Qualitative Study: Black Male College Students’ Perceptions Of Campus Law Enforcement Officers On A College Campus, Junelle M. Bennett

Graduate Research Theses & Dissertations

Black males are often the recipients of police brutality, criminal stereotyping, and inequitable treatment in higher education. This qualitative study examined the experiential narratives of 15 Black male college students’ perception towards law enforcement officers. The data was collected via one-on-one interviews, concluded with a focus group, and then presented in narrative forums. The participants’ feelings, attitudes, or beliefs about themselves as Black males significantly contributed to their inherent identification of the cultural challenges associated with law enforcement officers. The participants’ personal and vicarious life experiences prior to enrolling into higher education were significant to the authentic comprehension of the …

Trauma-Informed Advocacy: Learning To Empathize With Unspeakable Horrors, Susan Ayres

Faculty Scholarship

No abstract provided.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Algorithms Take Flight: Modern Pricing Algorithms' Effect On Antitrust Laws In The Aviation Industry, David Krieghbaum Jr.

Loyola Consumer Law Review

What happens when an inevitable moving force collides with an immovable object? Either the force finds a way around the object or the object must adapt to contain the force. Over a century has passed since the federal government passed the Sherman Act, Clayton Act, and Federal Trade Commission Act. As times change, the three reigning laws have had very little reform. Federal antitrust laws remain immovable through the past century as civilization has made astounding advancements. The advancement of technology in business is inevitably becoming a large part of how corporations are securing advantages against their competition. Artificial intelligence …

There Ought To Be A Law: What Corporate Social Responsibility Can Teach Us About Consumer Contract Formation, Colin P. Marks

Loyola Consumer Law Review

No abstract provided.

Limits Of Assent In Consumer Contracts: A (Regulatory) View From The South, Nicolas Rojas Covarrubias

Loyola Consumer Law Review

The Restatement of the Law Consumer Contracts project has proved to be controversial. The current published draft of the Restatement diminishes the role of assent as a fundamental element to determine the content of an agreement, limiting its influence to the "core deal terms" and accepting that proper notice and reasonable opportunity to review proposed standard terms (pre or post transaction) is enough to adopt them as part of the contract. This has been questioned from empirical and normative perspectives, being qualified as detrimental to consumers' rights. In fact, the draft proposal actually incurs in the same defect that it …

Response To Birth Rights And Wrongs, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

Tim Edgar: The Accidental Comparatist, Kim Brooks

Articles, Book Chapters, & Popular Press

This paper focuses on the contributions of Tim Edgar as a major comparative law scholar. It reviews the major debates and theoretical directions in comparative law scholarship and offers a case study of Edgar's contributions in the light of the major debates in comparative law. Edgar's development as a comparatist is traced through three defined phases. His identification of the policy problem to be resolved is highlighted as a major feature of his contribution.

An Examination Of How The Canadian Military’S Legal System Responds To Sexual Assault, Elaine Craig

Articles, Book Chapters, & Popular Press

Although the Canadian military has been conducting sexual assault trials for over twenty years, there has been no academic study of them and no external review of them. This review of the military’s sexual assault cases (the first of its kind) yields several important findings. First, the conviction rate for the offence of sexual assault by courts martial is dramatically lower than the rate in Canada’s civilian criminal courts. The difference between acquittal rates in sexual assault cases in these two systems appears to be even larger. Since Operation Honour was launched in 2015 only one soldier has been convicted …

The Politics Of Regulating And Disciplining Judges In Nigeria, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The disciplining of judges is a sensitive and complex challenge. In Nigeria, the complexity is heightened because the process is complicated by socio-political factors and public views about the motivations for disciplining some judges, including claims of political interference by the ruling government. This Chapter argues that both judicial discipline and the work of the National Judicial Council (NJC) – the body responsible for judicial regulation in Nigeria – are caught up within Nigeria’s peculiar socio-politics, a reality that a strictly legal analysis will miss. The Chapter analyzes contemporary challenges and controversies associated with the complaints and discipline procedure in …

New Brunswick Needs A Public Inquiry Into Systemic Racism In The Justice System: Nova Scotia Shows Why, Naiomi Metallic

Articles, Book Chapters, & Popular Press

First Nations across New Brunswick have been demanding a public inquiry since the deaths of Chantel Moore and Rodney Levy at the hands of police barely a week apart from each other, and less than two months after the failed prosecution of the man alleged to have hit and killed Brady Francis. There are serious problems in the province’s justice system.

Mi’gmaq and Wolastoqiyik peoples are demanding more than just an investigation into the police conduct in Moore’s and Levy’s deaths; what is sought is a full examination of how New Brunswick’s justice system fails First Nations peoples in the …

Source-Based Taxing Rights From The Oecd To The Un Model Conventions: Unavailing Efforts And An Argument For Reform, Oladiwura Ayeyemi Eyitayo-Oyesode

Articles, Book Chapters, & Popular Press

A significant number of scholars have written about the nexus between fairness in the allocation of taxing rights in double taxation treaties and sustainable development in developing countries. These scholars have argued for expansive taxing rights for developing countries, as against the current source- restricting provisions in taxation treaties between developed and developing countries based on the OECD and UN Model taxation treaties. They have also highlighted the need for developing countries to critically assess their treaty networks, and to consider gaps in their local laws and policies that encourage revenue loss. This paper contributes to this body of knowledge …

Comparative Legal Perspectives On Cultural Land Trusts For Urban Spaces Of Culture, Community, And Art: A Tool For Counteracting Displacement, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

As cities redevelop and previously less desirable or marginalized portions of the city space are “retaken” by a city, areas that have provided affordable performance, rehearsal, and live/work space for the arts and culture sector are becoming increasingly less available for these uses. Focusing predominantly on the Canadian Civil Law and Common Law context with passing reference to other jurisdictions such as the US, Scotland, and the UK, this article explores techniques for managing the increased pressure on and increasingly rapid displacement of spaces of arts, culture, and community cultural wealth that is taking place in cities. To this end, …

Uas For Public Safety Operations: A Comparison Of Uas Point Clouds To Terrestrial Lidar Point Cloud Data Using A Faro Scanner, Joseph S. Cerreta, Scott S. Burgess, Jeremy Coleman

International Journal of Aviation, Aeronautics, and Aerospace

Unmanned Aircraft Systems (UAS) can be useful tools for public safety agencies during crime or vehicle accident scene investigations if it can provide value to the resource-constrained agency. The speed of data collection, while minimizing first responder risk, while sustaining an acceptable level of accuracy and precision compared to other tools is where the agency may find value. During a recent homicide investigation in Florida, a UAS provided saved 81% in law enforcement labor hours with an acceptable level of accuracy compared to traditional methods. The purpose of this research was to compare UAS to determine if there were differences …

Gearing Up Impact Assessment As A Vehicle For Achieving The Un Sustainable Development Goals, Angus Morrison-Saunders, Luis E. Sánchez, François Retief, A. John Sinclair, Meinhard Doelle, Megan Jones, Jan-Albert Wessels, Jenny Pope

Articles, Book Chapters, & Popular Press

This article reflects on the potential for impact assessment (IA) to be a major vehicle for implementing the UN Sustainable Development Goals (SDGs). While it is acknowledged that the SDGs are intended to deliver broader outcomes than IA currently does, we nevertheless argue there is significant convergence between IA and the SDGs, which we explore utilising the key dimensions of sustainability assessment: comprehensiveness, strategicness and integratedness. We conclude that ‘geared up’ IA might be used as a major vehicle to facilitate achievement of the SDGs. However, IA must become more comprehensive and integrated, such that the full suite of SDGs …

Reducing Unnecessary Caesarean Sections: Scoping Review Of Financial And Regulatory Interventions, Newton Opiyo, Claire Young, Jennifer Harris Requejo, Joanna Erdman, Sarah Bales, Ana Pilar Betrán

Articles, Book Chapters, & Popular Press

Background: Caesarean sections (CS) are increasing worldwide. Financial incentives and related regulatory and legislative factors are important determinants of CS rates. This scoping review examines the evidence base of financial, regulatory and legislative interventions intended to reduce CS rates.

Methods: We searched MEDLINE, EMBASE, CINAHL and two trials registers in June 2019. Both experimental and observational intervention studies were eligible for inclusion. Primary outcome measures were: CS, spontaneous vaginal and instrumental birth rates. We assessed quality of evidence using Grading of Recommendations, Assessment, Development and Evaluation (GRADE) method.

Results: We identified 9057 articles and assessed 65 full-texts. We included 16 …

In The Shadow Of International Law: Secrecy And Regime Change In The Postwar World, Hannah Steeves

Articles, Book Chapters, & Popular Press

In the Shadow of International Law: Secrecy and Regime Change in the Postwar World explores a theoretical argument that might explain why world leaders often pursue regime change surreptitiously. Author Michael Poznansky is an assistant professor in international affairs and intelligence studies cross-appointed to the political science department at the University of Pittsburgh. He explores the role that international laws addressing violations of sovereignty have played in post-WWII America’s increase in covert interventions intent on altering the domestic authority structures of another state. Simply put, the book tests Poznansky’s theory that non-intervention principles and provisions lead to intentionally covert actions …

Creative And Responsive Advocacy For Reconciliation: The Application Of Gladue Principles In Administrative Law, Andrew Martin

Articles, Book Chapters, & Popular Press

A s a response to the estrangement and alienation of Indigenous peoples from the Canadian justice system, Gladue principles are central to reconciliation in sentencing and other criminal law contexts. However, the role of Gladue principles in administrative law more broadly remains uncertain. In this paper, I argue that the factors underlying Indigenous peoples’ estrangement and alienation from the justice system indicate estrangement and alienation from the administrative state itself, and thus Gladue principles appropriately apply in administrative law contexts. Using the results of a comprehensive search of reported decisions by tribunals and by courts on judicial review, I analyze …

California's Consumer Privacy Act Faces Possible Revision As Enforcement Deadline Looms, Rebecca Garcia

Loyola Consumer Law Review

No abstract provided.

Privacy Or Protection: The Catch-22 Of The Ccpa, Diane Y. Byun

Loyola Consumer Law Review

On June 28, 2018, the California Legislature passed the nation's strictest data privacy law, the California Consumer Privacy Act of 2018 ("CCPA"). Although effective January 1, 2019, the provisions of the CCPA did not become operative until January 1, 2020. The CCPA enforces compliance obligations on any business that collects covered personal information about California residents ("Consumers") and exceeds one of three thresholds: (i) annual gross revenues of $25 million, (ii) collection of personal information for commercial purpose of 50,000 or more covered consumers, or (iii) 50% or more annual revenue from selling Consumers' personal information. This low threshold demonstrates …

Psychiatry In The Courtroom: Relying On The American Psychiatric Association's Manuals To Resolve Disputes About Personal Status, Janet L. Dolgin

Hofstra Law Faculty Scholarship

The article discusses the benefits and disadvantages of the court's reliance on the American Psychiatric Association's Diagnostic and Statistical Manual (DSM) to resolve cases involving matters of personal status. Topics discussed include cases involving transgender people who sought the right to be legally identified and implicating the mental health of a parent in parental termination and development of the DSM.

The Restatement Of The Law Of Consumer Contracts: The American Law Institute's Impossible Dream, Mark E. Budnitz

Loyola Consumer Law Review

No abstract provided.

Ali's Restatement Of The Law Of Consumer Contracts: Perpetuating A Legal Fiction?, Dee Pridgen

Loyola Consumer Law Review

The American Law Institute's proposed Restatement of the Law of Consumer Contracts has undergone a lengthy process of drafts and discussions, but the road to completion has been rocky. Indeed, only one of nine proposed sections have thus far been adopted by the ALI membership, despite years of work on the project. Much of the criticism centered on the proposal's definition of consumer assent to (or adoption of) standard contract terms, which as currently drafted states that consumers are bound by contract terms of which they have had notice and an opportunity to review, and have manifested assent in some …

Hiding In Plain Sight: Mediation, Client-Centered Practice, And The Value Of Human Agency, Robert A. Baruch Bush, Peter F. Miller

Hofstra Law Faculty Scholarship

Students and practitioners of transformative mediation still underemphasize the importance of client “empowerment” – the opportunity for clients to recapture the sense of agency that conflict has compromised. That is, those learning the skills of a client-centered process like transformative mediation tend to overlook and ignore the achievement of client empowerment, compared to other goals. Why does the achievement of client empowerment go unseen in this way, even when its value has been explained and emphasized in written work, training, and otherwise? Addressing this “invisibility” of client empowerment is a major challenge for those who ascribe importance to the impact …

Blasting Reproach And All-Pervading Light: Frederick Douglass’S Aspirational American Exceptionalism, Lucy Williams

Faculty Scholarship

Some scholars critique American exceptionalism as a proud, uncritical orientation. In this article, however, I argue that Frederick Douglass, an outspoken social critic, qualifies as an American exceptionalist thinker. I first identify and theorize two modes of exceptionalist rhetoric: accomplished exceptionalism, which is self-celebratory and largely uncritical, and aspirational exceptionalism, which is self-critical and reflective. I then provide a close reading of “What to the Slave Is the Fourth of July” to show how Douglass employs aspirational rhetorical techniques. Finally, I discuss the benefits of reading Douglass as an exceptionalist thinker and suggest that his aspirational rhetoric activates reflective and …

Marshall Shapo's "Constitutional Tort" Fifty-Five Years Later, Michael Wells

Scholarly Works

In 1965, Northwestern University Law Review published Professor Marshall Shapo’s article, Constitutional Tort: Monroe v. Pape and the Frontiers Beyond.1 Professor Shapo’s paper analyzed the origins of constitutional tort law, which consists of suits for damages for constitutional violations committed by government officials or the governments themselves. The article began with an account of the post-Civil War background of 42 U.S.C. § 1983, a statute enacted in 1871 to enforce the Fourteenth Amendment. After the Civil War, recalcitrant southerners, acting through groups like the Ku Klux Klan, intimidated the freedmen and their white supporters, organized lynch mobs, burned houses, and, …

Dual Class Stock In Comparative Context, Christopher Bruner

Scholarly Works

Review of the article by Marc T. Moore, Designing Dual Class Sunsets: The Case for a Transfer-Centered Approach, University College London Faculty of Laws Working Paper No. 9/2019, available at SSRN.

Neuroscience And Mental Competency: Current Uses And Future Potential, John B. Meixner Jr.

Scholarly Works

One major conundrum in the field of law and neuroscience is that the mental states that are most relevant to legal determinations are often mental states that occurred in the past, and can longer be assessed. Could the defendant, at the time he committed the crime, have had the cognitive capacity to satisfy the required mens rea for the crime charged? Was an individual's tortious conduct intentional or inadvertent? Even if the field of neuroscience eventually gains the ability to provide data relevant to understanding of immediate mental states, those data will be unavailable to legal actors by the time …

Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin

Scholarly Works

Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …