Law Commons^™

In Defense Of 5g: National Security And Patent Rights Under The Public Interest Factors, Kenny Mok

University of Chicago Law Review

Section 337 of the Tariff Act of 1930 authorizes the International Trade Commission (ITC) to stop—or “exclude”—patent-infringing imports. Exclusion orders protect the country against unfair trade practices and help enforce U.S. patent rights. But before issuing an order, the ITC is required by Section 337 to consider the order’s harm to the public health and welfare, its effect on competitive conditions, the availability of substitutes, and the harm to consumers. Because it rarely finds that these “public interest factors” outweigh the benefits of patent enforcement, the ITC has mostly granted exclusion orders despite growing concerns related to the public’s reliance …

Textual Rules In Criminal Statutes, Joshua Kleinfeld

University of Chicago Law Review

No abstract provided.

Write Like You’Re Running Out Of Time: Prepublication Review, Retroactive Classification, And Intermediate Scrutiny, Henry Walter

University of Chicago Law Review

The Constitution’s promises of freedom of speech and common defense can, at times, be at odds. One acute example of that tension is the prepublication review process, by which the government reviews written works by certain current and former employees to ensure that they do not contain classified or other sensitive information. While this process surely has its merits in preserving national security, it also presents authors with a bureaucratic thicket that is often difficult to navigate. This process is further complicated by the fact that the government can retroactively classify documents, meaning that information that authors might have thought …

Evidentiary Inequality, Sandra F. Sperino

Faculty Publications

Federal employment discrimination law is rife with evidentiary inequality. Courts allow employers to draw from a broad palette of evidence to defend against discrimination claims, while highly restricting the facts from which plaintiffs can prove their claims. This Article draws from hundreds of cases to show how judges favor the employer's evidence and disfavor the plaintiff's evidence across multiple dimensions, such as time, witnesses, documents, relevance, and reliability. Judges have created a host of named doctrines that severely restrict the evidence plaintiffs are allowed to use to prove their discrimination claims. At the same time, a host of unnamed, and …

Foreword: Law + Computation: An Algorithm For The Rule Of Law And Justice?, Daniel W. Linna Jr.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Legislative Recipe: Syntax For Machine-Readable Legislation, Megan Ma, Bryan Wilson

Northwestern Journal of Technology and Intellectual Property

Legal interpretation is a linguistic venture. In judicial opinions, for example, courts are often asked to interpret the text of statutes and legislation. As time has shown, this is not always as easy as it sounds. Matters can hinge on vague or inconsistent language and, under the surface, human biases can impact the decision-making of judges. This raises an important question: what if there was a method of extracting the meaning of statutes consistently? That is, what if it were possible to use machines to encode legislation in a mathematically precise form that would permit clearer responses to legal questions? …

Welcoming Families With Children To Csusb: Making An Intergenerational Difference, Leslie Leach

Electronic Theses, Projects, and Dissertations

Coming back to school after a gap in your education can be a daunting task. For students with children (SWC), the undertaking has different challenges than their classmates. Providing resources geared towards their success plays a significant role in the student's ability to complete their education. It also allows the SWC to feel a sense of belonging within their institution of higher learning. This project analyzes other California State Universities' family housing programs to advocate a similar program at California State University, San Bernardino. Using the Communication Theory of Identity (CTI) and Organizational Identity (OI), I can illustrate how resources …

In Juno V. Kite The Federal Circuit Strikes Down Patent Directed Towards Pioneering Innovation In Car T-Cell Therapy, Christopher M. Holman

Faculty Works

Chimeric antigen receptor T-cells (also known as CAR T-cells) are T-cells that have been genetically engineered to produce an artificial T-cell receptor for use in immunotherapy. In recent years CAR-T cell therapy has emerged as an important new modality of cancer treatment, particularly for blood-borne cancers like leukemia. As would be expected, important advances in the development of CAR T-cell therapy have been the subject of extensive patenting and licensing activity. Juno v. Kite, a recent decision of the Court of Appeals of the Federal Circuit striking down a foundational CAR T-cell therapy patent, has raised serious questions as to …

Evaluating Nebraska Ems Providers' Ability And Willingness To Respond To Bioterrorism Emergencies, Ryan Houser

Capstone Experience: Master of Public Health

Previous studies have found that public health systems within the United States are inadequately prepared for an act of biological terrorism. This study utilized an Internet-based survey to assess the level of preparedness and willingness to respond to a bioterrorism attack, and identify factors that predict preparedness and willingness among Nebraska Emergency Medical Service providers, who are key to resilience in the face of an attack. The survey was available for one month in 2021 during which 190 EMS providers responded to the survey. The subjects included Registered Nurses, doctors, EMTs, and paramedics. Only 10% of the respondents are both …

Hostile Restructurings, Diane L. Dick

Washington Law Review

The conventional wisdom holds that out-of-court loan restructurings are mostly consensual and collaborative. But this is no longer accurate. Highly aggressive, nonconsensual restructuring transactions—what I call “hostile restructurings”—are becoming a common feature of the capital markets. Relying on hypertechnical interpretations of loan agreements, one increasingly popular hostile restructuring method involves issuing new debt that enjoys higher priority than the existing debt; another involves transferring the most valuable collateral away from existing lenders to secure new borrowing.

These transactions are distinguishable from normal out-of-court restructurings by their use of coercive tactics to overcome not only the traditional minority lender holdout problem, …

Autonomous Corporate Personhood, Carla L. Reyes

Washington Law Review

Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI’s increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the …

Community Empowerment In Decarbonization: Nepa’S Role, Wyatt G. Sassman

Washington Law Review

This Article addresses a potential tension between two ambitions for the transition to clean energy: reducing regulatory red-tape to quickly build out renewable energy, and leveraging that build-out to empower low-income communities and communities of color. Each ambition carries a different view of communities’ role in decarbonization. To those focused on rapid build-out of renewable energy infrastructure, communities are a potential threat who could slow or derail renewable energy projects through opposition during the regulatory process. To those focused on leveraging the transition to clean energy to advance racial and economic justice, communities are necessary partners in the key decisions …

Just "Dropped": Nike's Latest Trademark Foreshadows The Demise Of The Knockoff Sneaker Industry And Limits Consumer Choice, Claudia Perez

North Carolina Journal of Law & Technology

No abstract provided.

Lawyering 'Twisties': Naming And Untangling Performance Anxiety, Heidi K. Brown

Faculty Scholarship

No abstract provided.

Bargaining For Integration, Shirley Lin

Faculty Scholarship

No abstract provided.

The Empowerment Of Migrant Workers In A Precarious Situation, Fay Faraday

Commissioned Reports, Studies and Public Policy Documents

The experience of transnational migrants working for low pay under exploitative conditions has been well-documented for many years. Yet, a sizeable catalogue of binding international instruments establishes a rights-based framework through which states commit to deliver substantive labour protections to migrant workers. By focusing on the operation of labour inspectorates in five countries – Canada, Germany, Malaysia, Qatar and South Africa – this paper undertakes a comparative analysis to explore what accounts for the persistent gap between the vision of the rights-based framework and the reality of rights violations that migrant workers experience. These countries were selected for comparison because …

A Novel Dataset Measuring Change In Copyright Exceptions, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

Copyrights grant creators long periods of market exclusivity during which they or their agents have the exclusive right to reproduce and distribute their works. However, copyright exceptions limit their scope and strength. The laws on both copyright protection and copyright exceptions vary substantially from one country to the next. This working paper introduces a novel, survey-based dataset that describes changes to 24 countries’ laws on copyright exceptions over time. To explore the data, I construct two indices from subsets of the dataset; one that focus on exceptions related to ICT technologies and another that focuses on educational uses. The indices …

Board Of Officers - Vol. 51, No. 3 2021

Seton Hall Law Review

No abstract provided.

Table Of Contents - Vol. 51, No. 3 2021

Seton Hall Law Review

No abstract provided.

Adding Bite To The Zone Of Twilight: Applying Kisor To Revitalize The Youngstown Tripartite, Zachary W. Singer

Michigan Journal of Environmental & Administrative Law

In the half century and more since Justice Jackson’s famous concurrence in Youngstown Sheet & Tube Co. v. Sawyer, the fog surrounding acceptable executive power in national security and foreign affairs has only thickened. Today, whether presidents are responding to the challenges of an amorphous global war on terrorism or a global pandemic, they act against a backdrop of ambiguous constitutional and statutory authorization and shifting precedent. While Justice Jackson outlined zones of presidential power by tying that power to congressional acts, the Court subsequently watered down the test by looking to other factors, like legislative intent. At other …

Eia Directive Procedural Guarantees As Substantive Individual Rights In Il V. Land Nordrhein-Westfalen, Alexis Haddock

Michigan Journal of Environmental & Administrative Law

Environmental impact assessments serve as a necessary tool for attaining the goals of the Aarhus Convention and the EIA Directive (2011/92). The Aarhus Convention and EIA Directive aim to guarantee the public’s right to participate in environmental decision-making, to be provided information necessary to effectively participate, and to have access to a procedure to challenge a decision. The ECJ’s recent case IL v. Land Nordrhein-Westfalen articulates the current interpretation of the European Union Member States’ obligations under the EIA Directive to provide individuals standing to challenge impact assessment decisions. This opinion reaffirmed that in cases where the procedural defect did …

Structured To Fail: Lessons From The Trump Administration’S Faulty Pandemic Planning And Response, Alejandro E. Camacho, Robert L. Glicksman

Michigan Journal of Environmental & Administrative Law

The Trump Administration’s response to the COVID-19 pandemic is a stark reminder that poorly designed government can be a matter of life and death. This article explains how the Administration’s careless and delayed response to the crisis was made immeasurably worse by its confused and confusing reallocation of authority to perform or supervise tasks essential to reducing the virus’s ravages.

After exploring the rationale for and impact of prior federal reorganizations responding to public health crises, the article shows how a combination of unnecessary and unhelpful overlapping authority and a thoughtless mix of centralized and decentralized authority contributed to the …

A Solution To The Hard Problem Of Soft Law, Keagan Potts

Michigan Journal of Environmental & Administrative Law

Administrative Agencies often rely on guidance documents to carry out their statutory mandate. Over the past few decades, the Food and Drug Administration (FDA) has been criticized for using soft law guidance documents to exercise powers beyond those authorized by Congress. Since attacks on the use of guidance documents persist and agencies need soft law to respond quickly and flexibly to rapid technological growth, it is essential to develop a solution that preserves this crucial regulatory mechanism and prevents its abuse. The most likely alternative to soft law guidance is formal regulation, which must be developed through the notice-and-comment process. …

E-Museletter: December 2021, William Taylor Muse Law Library

Museletter

This Issue:

Director's Message

Library News

Library Winter Break Closure

Featured Resources

Materials Update

Things to Consider

Student Services Corner

Gearing up for 2022!

Arms Control 2.0: Updating The Cyberweapon Arms Control Framework, Evan Mulbry

Michigan Technology Law Review

This Note analyzes multiple problems with the existing arms control framework for cyberweapons as well as surveillance technology and calls for four specific areas of reform. First, the existing framework does not specifically enumerate the software controlled under existing arms control treaties, which can lead to gaps in international export control compliance. Cyberweapons should be enumerated with greater specificity to prevent confusing and disjointed implementation by states. Second, the divide between Wassenaar and Shanghai Cooperation Organization conceptions of what constitutes a cyberweapon reduces the effectiveness of international control because nations do not share an agreed upon cyberweapon definition. States should …

Content Moderation Remedies, Eric Goldman

Michigan Technology Law Review

This Article addresses a critical but underexplored aspect of content moderation: if a user’s online content or actions violate an Internet service’s rules, what should happen next? The longstanding expectation is that Internet services should remove violative content or accounts from their services as quickly as possible, and many laws mandate that result. However, Internet services have a wide range of other options—what I call “remedies”—they can use to redress content or accounts that violate the applicable rules. This Article describes dozens of remedies that Internet services have actually imposed. It then provides a normative framework to help Internet services …

Individuals As Gatekeepers Against Data Misuse, Ying Hu

Michigan Technology Law Review

This article makes a case for treating individual data subjects as gatekeepers against misuse of personal data. Imposing gatekeeper responsibility on individuals is most useful where (a) the primary wrongdoers engage in data misuse intentionally or recklessly; (b) misuse of personal data is likely to lead to serious harm; and (c) one or more individuals are able to detect and prevent data misuse at a reasonable cost.

As gatekeepers, individuals should have a legal duty to take reasonable measures to prevent data misuse where they are aware of facts indicating that the person seeking personal data from them is highly …

Immigration Law—Creating Consistency In Domestic Violence Asylum Cases, Zoya Miller

University of Arkansas at Little Rock Law Review

No abstract provided.

Time To Mail It In? A Survey Of 2020 Voting Rights Issues In Arkansas And Recommendations For More Inclusive Elections, Kim Vu-Dinh

University of Arkansas at Little Rock Law Review

The highly contagious COVID-19 pandemic, combined with over fifty lawsuits brought by former President Donald Trump, made the general election of 2020 one of the most controversial in the history of the United States. Accusations of voter disenfranchisement proliferated across the nation and were initiated by members of both sides of the political spectrum, even before Election Day. Arkansas was no exception to this rule. In 2020, multiple Arkansas lawsuits highlighted the weaknesses of the state’s voter infrastructure, particularly with regard to the absentee ballot process. Voting-by-mail was particularly important in the pandemic year when long lines became a public …

Yazzie V. Hobbs: The 2020 Election And Voting By Mail On- And Off-Reservation In Arizona, Jean Reith Schroedel, Kara Mazareas, Joseph Dietrich, Jamaica Bacus-Crawford

University of Arkansas at Little Rock Law Review

During the 2020 election, voting by mail was touted as a way to safely vote from home and avoid the risks of contracting COVID-19. While voting by mail is definitely safer than in-person voting, it also assumes that all citizens have equal access to the mail services needed for voting by mail. Lawyers, acting on behalf of Navajo plaintiffs in Arizona, argued in Yazzie et al. v. Hobbs (2020) that voters living on the Navajo Nation faced impermissible barriers in accessing voting by mail. They provided evidence showing there was limited mail service on the reservation and that mail delivery …