Law Commons^™

Zero-Rating, Net Neutrality And The Progressive Realisation Of Human Rights, Balaji Subramaniam

Indian Journal of Law and Technology

The net neutrality debate today, specifically with respect to zero-rating, is invariably characterised as a clash between the noble aspiration to universalise access on one hand, and a handful of “core values of the internet” on the other. Such framing makes for a lively dialogue – neutrality proponents can extol the virtues of an “open internet”, and can argue that access universalisation is impossible, and therefore any failed attempt toward that goal is not worth the risk of permanently altering the nature of the network. Proponents of net neutrality argue that zero-rating would stifle innovation and distort consumer choice to …

The Politics Of Pirates: Jonas Andersson Schwarz’S “Online File Sharing”, Gautam Bhatia

Indian Journal of Law and Technology

The international debate over file-sharing is defined by polarities. Some view this conflict as a battle for internet openness against the efforts of the film and music industry to bring about a second Enclosure Movement, this time against the worldwide digital commons. Others, however, consider it to be a legitimate law-enforcement operation against wilful facilitators of large-scale copyright infringement. In his book, Online File Sharing, published in early 2014, Jonas Andersson Schwarz argues that this dichotomy is a deeply flawed way of understanding the file-sharing dispute. Using tools from critical theory and political philosophy, Schwarz aims to break down the …

Technology Innovations In Securities Trading: Can Sebi’S Bicycle Catch The High- Frequency Trading Ferrari, Armaan Patkar

Indian Journal of Law and Technology

Algorithmic high-frequency trading is a techinnovation of securities trading. It is enabled by high-tech trading algorithms and communication and computing infrastructure that allows traders to profit based on the speed and volume of their trading, rather than by trading based on conventional trading fundamentals. However, its strategies have become ubiquitous with market manipulation, regulatory arbitrage and clouding the ability of investors to accurately read the market. Understandably, regulators have been making efforts to protect the markets and stay abreast with the rapid evolution of highfrequency trading. In this endeavour, the U.K. Financial Services Authority remarked that regulators are riding bicycles …

The Internet Of Citizens: A Lawyer’S View On Some Technological Developments In The United Kingdom And India*, Guido Noto La Diega

Indian Journal of Law and Technology

This article aspires to constitute a useful tool for both Asian and European readers as regards some of the state-of-the-art technologies revolving around the Internet of Things (‘IoT’) and their intersection with cloud computing (the Clouds of Things, ‘CoT’) in both the continents. The main emerging legal issues will be presented, with a focus on intellectual property, consumer protection, and privacy. The cases chosen are from India and the United Kingdom, two countries that are conspicuously active on this front. I will give an account only of (what I consider to be) the highlights of the IoT in India and …

Picket Patents: Non-Working As An Ip Abuse, Dr. Feroz Ali

Indian Journal of Law and Technology

Patents picket when the patent holder practices the patent in certain jurisdictions but refuses to work the patent in others. The concept of patent picketing developed as a result of a shift from the representation of the working of an invention physically to the merely describing, effectively, the inventions in patent applications. Patent holders picket with their patents and demand a higher price, thereby not only preventing others from using their invention but also ensuring that the product is not made available in all markets. Such behaviour can be regarded as an intellectual property (IP) abuse when the non-working of …

The Great Resignation Or The Great Joy In Higher Education: Emerging Lessons From The Pandemic, Kathleen Elliott Vinson

Suffolk University Law School Faculty Works

The Great Resignation, the Great Attrition, the Great Disengagement, and the Big Quit are a few of the names for the phenomenon occurring throughout different industries, including higher education.1 Higher education is not immune from this great exodus and is at a turning point as retention of faculty, administrators, and staff is more important than ever.2 What’s joy got to do with it?3 Can it drive those who work in higher education to stay, leave, or return?4 Money is not enough by itself to retain workers.5 Over the last two years, higher education, like other industries, is facing a fundamental …

Integrating Doctrine And Diversity Speaker Series: Making Changes, Making Mistakes (Part 2), Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Only You Can Prevent Amendment Abuse, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Sixth Judicial Di Court For Garfield County. Honorable Judge Mandy Larsen

NICOLAS C. WILDE Law Office of Nicolas C. Wilde, LLC TREVOR J. LEE Hoggan Lee Hutchinson Counsel for Appellant

BARRY HUNTINGTON Garfield Courthouse. Attorney's Office JERRY JAEGER Special Garfield County Attorney Counsel for Appellee

C. Leon Nelson And Marilynn Tetrick, Defendants/Appellants, V. Karen Goldberg, Marc Goldberg, Thomas Goldberg Elaina Friedman, And Martin Krone, Plaintiffs/Appellees : Brief Of Appellants, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Ryan B. Hancey, Adam L. Grundvig, J. Adam Knorr, Counsel for appellants

C. Leon Nelson And Marilynn Tetrick, Defendants/ Appellants, V. Karen Goldberg, Marc Goldberg, Thomas Goldberg Elaina Friedman, And Martin Krone, Plaintiffs /Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Interlocutory Appeal from the Third Judicial District Court, Salt Lake County, Honorable Richard D. McKelvie

Cameron L. Sabin, Joshua Cutler, Counsel for appellees

Ryan B. Hancey, Adam L. Grundvig, J. Adam Knorr, Counsel for appellants

Swimming With Broad Strokes: Publishing And Presenting Beyond The Lw Discipline, Robin Boyle-Laisure, Stephen Paskey

Journal Articles

No abstract provided.

Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway

Dalhousie Law Journal

Climate change is expected to have an unprecedented impact on human migration and displacement over the next decade. Individuals forced to migrate on the basis of climate change or natural disasters remain, however, on the periphery of international and domestic environmental and refugee protections. Teitiota, a landmark decision by the UN Human Rights Committee (the Committee) in 2020 could, however, point the way toward filling these legal gaps by using the principle of non-refoulement under human rights law to prevent the deportation of those whose lives are at risk. As such, this paper seeks to explore the application of Teitiota …

Brief Amicus Curiae Of The National Congress Of American Indians, A Tribal Elder, The International Council Of Thirteen Indigenous Grandmothers, And The Mica Group Supporting Plaintiff-Appellant And En Banc Rehearing, Stephanie Hall Barclay, Francesca Matozzo

Court Briefs

No. 21-15295
Apache Stronghold v. United States of America

Appeal from the United States District Court for the District of Arizona, Honorable Steven P. Logan (2:21-cv-00050-PHX-SPL)

From the Summary of the Argument

Meaningful access to sacred sites such as Oak Flat is an indispensable part of many Indigenous tribes’ religious exercise. Nonetheless, the government has repeatedly denied necessary access and even destroyed such sites, thus thwarting the ability of tribal members to exercise core aspects of their spiritual practices. The tribal members in this case face the same fate.

Defining “Different”–How Distinctive Methods Of Textual Interpretation Led To The Abduction Enhancement Circuit Split, Adam Manaa

Pepperdine Law Review

This note examines the federal circuit courts’ differing approaches to interpreting the robbery abduction enhancement in the United States Sentencing Guidelines. Specifically, this note sets forth how the Sixth Circuit’s strict method of textual interpretation in United States v. Hill led to the erroneous holding that the term “different location” refers to “a place different from the store that is being robbed.” This note argues the court should have taken a more holistic interpretative approach, taking the underlying purpose of the Guidelines into account.

Mmu: 09/12/22–09/18/22, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Bailie Sirhall

2Ls Taking Ls: Sachit Shrivastav

Ask a 3L: Cole Craghan

Sport Report by Stephen Nugent

Jackie's Corner

Vol. 63, No. 04 (September 12, 2022)

Indiana Law Annotated

No abstract provided.

Non-Lawyer Judges In Devalued Courts, Maureen Carroll

Reviews

Recent legal scholarship has shed needed light on the vast universe of litigation that occurs without lawyers. Large majorities of civil litigants lack representation, even in weighty matters such as eviction and termination of parental rights, raising a host of issues worthy of scholarly attention. For example, one recent article has examined racial and gendered effects of the lack of constitutionally guaranteed counsel in civil matters, and another has shown that judges tend not to reduce the complexity of the proceedings for the benefit of unrepresented parties. In Judging Without a J.D., Sara Greene and Kristen Renberg add an important …

Ndls Communicator: Week Of 09.12.22, Notre Dame Law School

NDLS Communicator

The Latest News

• Fighting to Educate a Different Kind of Lawyer
• Program on Church, State & Society announces Stefan McDaniel to serve as first Rodes Fellow
• Christine Venter was the 2021 recipient of the Teresa Godwin Phelps Award for Scholarship in Legal Communication.
• Jeff Pojanowski's paper "Authenticity and Free Speech" was published in the Law and Religion Forum (St. John's Law School Center for Law and Religion).
• Patrick Corrigan co-organized a conference, London Law and Finance Symposium, as part of the Global Lawyering Initiative at the London Global Gateway on September 9. Patrick and Maria Maciá both presented at the …

Anti-Satellite Tests: A Risk To The Security And Sustainability Of Outer Space, Mckayla Swan

Liberty University Journal of Statesmanship & Public Policy

In November of 2021, The Russian Federation conducted an anti-satellite test (ASAT), destroying one of their defunct satellites in low earth orbit (LEO). This test, although not the first of its kind, created thousands of pieces of new space debris, threatening LEO satellites and the International Space Station (ISS). Russia’s test has resurfaced discussions on the militarization of space and its long-term sustainability. Absent legally binding multilateral agreements aimed at long-term peace and sustainability in space, the area will continue to develop in a hazardous direction. Therefore, The United States should initiate a multilateral treaty to develop a partial ban …

22nd Annual Rwu Law Alumni Association Scholarship Golf Tournament 09-11-2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Statutory Foundations: Let’S Discuss The Fuss, The Nonplus, And The Superfluous, Thomas Simmons

Faculty Publications

No abstract provided.

The Mortgagee Looks At The Commercial Lease, Seneca B. Anderson

Florida Law Review

No abstract provided.

Rehabilitation Of The Insolvent Wage Earner Under The Bankruptcy Act In Florida, Charles Elihu Nadler

Florida Law Review

No abstract provided.

Secured Creditors In Bankruptcy Under Florida Law, Harold Friedman

Florida Law Review

No abstract provided.

Why We Need The Uniform Commercial Code, Karl N. Llewellyn

Florida Law Review

No abstract provided.

The Presentment Problem In The Collection Of Checks Through Banks, Dexter Delony

Florida Law Review

No abstract provided.

Banks' Liability In Handling Accounts Of Decedents And Fiduciaries, Richard M. Lund

Florida Law Review

No abstract provided.

Severance Damage In Eminent Domain Proceedings, Aubrey V. Kendall, Sheldon J. Plager

Florida Law Review

No abstract provided.

The Foreign Corporation, An Elusive Defendant, James E. Cobb, Edwin Presser

Florida Law Review

No abstract provided.