Law Commons^™

Estoppel By Nonviolence, Darrell A.H. Miller

Law and Contemporary Problems

No abstract provided.

The Two "Two Americas" Of Trump And Romney, Lawrence Zelenak

Law and Contemporary Problems

No abstract provided.

Living In The Shadow Of American Racism, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.

Ndls Communicator: Week Of 09.19.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Class of 2022 builds on Notre Dame Law School’s strong tradition of securing clerkships
• ND Law’s Religious Liberty Clinic supports the Buddhist association in Alabama land use case
• Charity law scholars from around the world will gather in London
• The Religious Liberty Clinic files an amicus brief supporting en banc review in Apache Stronghold v. United States
• Members of the Notre Dame Black Law Students Association share what the group means to them on campus and beyond.
• The Wrongful Conviction podcast tells the story of Andy Royer, the first ND Law Exoneration Justice Clinic client to be …

Chisholm V. Georgia (1793): Laying The Foundation For Supreme Court Precedent, Abigail Stanger

The Cardinal Edge

No abstract provided.

The Failure Of Uncertainty Within United States' Immigration Law In The Competition For Critical Chinese-Born Stem Grads, Neil Rutledge

Nebraska Law Bulletin (Selected Issues)

It is difficult to overstate the information technology sector’s role in the United States economy. According to the Brookings Institute, “(i)n 2017 alone, the IT industry’s contribution to real economic output in the United States exceeded that of the professional and business services, finance and insurance, and manufacturing sectors.” The Covid-19 pandemic further accelerated this growth–49 members of the Fortune 500 are now tech companies.

In the battle for economic and national-security supremacy, Chinese-born students and scientists studying and working at United States’ universities have emerged as a singular vital component in each nation's strategic ambitions. In the United States, …

Two Causal Relationships Between The Planes Of Fact-Finding And Substantive Law, Henrique Carneiro

Nebraska Law Bulletin (Selected Issues)

This essay depicts two causal processes that demonstrate how, in the American legal system, the fact-finding plane is more fundamental than the substantive law (or substantive rights) plane. In the first process, a priori policy judgments about what facts should be available, and a priori epistemological claims about what facts can be available, drive expansions, contractions, and intentional reaffirmations of legal rights’ substantive scope. In the second process, factual wrinkles in individual cases are seized upon by judges and/or litigators and exercise an outsized influence on the development of substantive law. Although these processes are present across different areas of …

The Social Value Of Intellectual Property, Alina Ng

Journal Articles

The focus of this paper is not on how intellectual property owners can misuse intellectual property rights in harmful ways in society. Much has already been written about that topic. Instead, this paper is about how to encourage intellectual property owners, especially corporate owners, to make decisions and implement strategies about their intellectual property rights that are socially valuable and positively impactful. This paper argues that if corporate and business owners of intellectual property understand the role that their intellectual property rights can have in creating a positive social impact, the influence that they can have in the market as …

Higher Ed Has Faults -- But Don't Ignore Its Utility, A. Benjamin Spencer

Popular Media

No abstract provided.

Information Theory And Patent Documents, W. Michael Schuster

Akron Law Review

Recent scholarship has expanded the scope of analytical tools available to patent law researchers. The foundation of information theory published by Claude Shannon has been applied to textual analysis to determine the similarities of patents and to assess a patent’s value. This article presents a theoretical application of information theory to quantify lexical ambiguity and originality in innovation within patent law.

Revisiting The Justification Of Trademark Protection For Single Drug Compositions: A Critical Analysis From A Regulatory Perspective, Kuhu Tiwari, Dr. Niharika Sahoo Bhattacharya

Akron Law Review

Trademarks, which are premised on product differentiation, are alleged to play a divergent role when used on pharmaceutical products: they tend to create an artificial product differentiation for the bioequivalent pharmaceutical products that are marketed as branded, generics, and branded-generic products. It is implied that the companies incorporate trademarks to market their products to different consumers at different prices. However, concerns arise when a company uses multiple trademarks for a single active pharmaceutical ingredient (API); sometimes, the company labels each trademark as treating a different medical condition.

This practice of brand proliferation may pose risks to patient safety by confusing …

Fair Use As A Market Facilitator, Miriam Marcowitz-Bitton, Dan Bombach

Akron Law Review

The Digital Age has enabled individuals worldwide to store, organize, and share everything from cherished memories embodied in photographs and videos to academic writing and correspondence. Yet, archived collections of academic, public, and private libraries are out of reach to many, and many books are now beyond reach because they are no longer in print. The high cost of digitization exacerbates these challenges.

In 2004, Google Inc. responded to these issues by announcing a project to scan and digitize the collections of several leading universities and public libraries (the “Google Books” project). The project offered users the opportunity to search …

Letting Anarchy Loose On The World: The Anarchist Cookbook And How Copyright Fails The Author, Debora Halbert

Akron Law Review

The Anarchist Cookbook by William Powell remains one of the most controversial books in print, even 50 years after its first publication. The story to be told about its ongoing publication can teach us about the politics of authorship, ownership, publication, copyright assignments, the public domain, and the legacies our printed words leave behind. Later in life Powell regretted publishing the book and wished that it would be removed from publication and circulation but stated that he did not own the copyright and so could not control the book. However, even at his death the book remained in print and …

Symposium: Sexual Orientation, Gender Identity & The Constitution: Love Is Love: The Fundamental Right To Love, Marriage, And Obergefell V. Hodges, Reginald Oh

ConLawNOW

Why is same-sex marriage a constitutional right of individual autonomy and dignity? Because of love. Based on a close reading of Justice Anthony Kennedy’s majority opinion in Obergefell v. Hodges, this essay will argue that Obergefell is best understood as an opinion about the centrality of love, not just marriage, for individual self-realization. It is love that helps make sense of Kennedy’s opinion. If love is not understood to be an essential aspect of Kennedy’s reasoning, then the opinion is rendered less coherent, emptied of much of its substance, and made vulnerable to critiques from both the right and …

Todd A. Brown And Michael S. Brown As Plaintiffs In Several Consolidated Matters, Consent Order, Wesley B. Tailor

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

No abstract provided.

2022-2023 Supreme Court Preview: Digital Notebook (Cover Page), Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Court And Religion, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Roberts Court After A Seismic Term, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Court And Limits On The Administrative State, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Judging Hard Cases, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2022-2023 Supreme Court Preview: Schedule Of Events, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2022-2023 Granted Cases, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

2022-2023 Supreme Court Preview: Panelist Biographies, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Moot Court: Moore V. Harper, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes

Shorter Faculty Works

Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.

Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.

Abortion Litigation And Second Amendment Litigation After Dobbs And Bruen, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

The Roberts Court And Race, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

'To Empower And Amplify Lgbtq+ Voices' 09-16-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Notre Dame Law School Religious Liberty Initiative, Marcus Cole, Stephanie Barclay, Mona Polacca, Aly Cox, Paolo Carozza, John Meiser, Zahraa Nasser, Olivia Rogers, Rick Garnett

2019–Present: G. Marcus Cole

"I want Notre Dame to be a light for the people who are suffering darkness. I want this to be a place that people all around the world can see as a source of hope, where they can find people who are willing to fight for them, for their religious freedom and for their human flourishing." — Dean G. Marcus Cole, Notre Dame Law School

Learn more about Notre Dame Law School's Religious Liberty Initiative at https://law.nd.edu/RLI.

Recommender Systems And Autonomy: A Role For Regulation Of Design, Rights, And Transparency, Christian Djeffal, Christina Hitrova, Eduardo Magrani

Indian Journal of Law and Technology

Recommender systems are now widely deployed across multiple dimensions of the digital reality that increasingly shapes our lives. In doing so, they mould individual thoughts and actions and can affect individual and collective autonomy. In this paper we first discuss how the ubiquitous exercise of ‘soft’ power by recommender systems on individual users presents interference into individual autonomy and its legal dimensions, expressed through collective and individual self-determination, democratic values and institutions, as well as individual human rights and freedoms. We then argue that this exercise of power over individual and collective destinies necessitates regulatory action to establish an appropriate …