Law Commons^™

The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Regulatory Outlook For Derivatives Based On Sports Outcomes, Benjamin Augugliaro

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note dives into the intersection between two distinct areas: sports gambling and derivatives. ErisX had the keen idea to use sports-based futures contracts for hedging purposes, and thought that because of these hedging purposes, it would not be rubbing up against any sports gambling laws. However, the Commodity Futures Trading Commission (CFTC), in charge of regulating the trading of futures contracts, still presented a problem for ErisX. The CFTC prohibits futures contracts involving “gaming,” and while the purpose of these contracts are not speculative, they still involve sports. Therefore, a new CFTC body equipped to deal with sports-based contracts …

Navigating A Multi-Billion Dollar Industry: Protecting Drug-Related Inventions To Further Research And Development, Minal Patel

Brooklyn Journal of Corporate, Financial & Commercial Law

Even with advancements in science and technology, pharmaceuticals continue to find themselves tethered to patent protection guidelines that once ensured revenue would continue to flow and provide funding for the next blockbuster drug or antibodies. However, as the Federal Circuit appears to inch towards unpredictability in the realm of patent validity, challenges involving patenting are imminent. In fact, gaps are forming in the ability of pharmaceuticals to further research and develop drugs. This Note proposes a solution that encapsulates a more precise standard supported by economic and policy rationales to determine patent validity. It begins with the general requirements of …

The Uncitral Model Law And Secured Transactions Law Reform, Louise Gullifer

Brooklyn Journal of Corporate, Financial & Commercial Law

No abstract provided.

Standing In The Ether: Constitutional Standing In Data Breach Cases After Mcmorris, Andrew Ridge

Brooklyn Journal of Corporate, Financial & Commercial Law

For some time, circuit courts have been ostensibly divided over the power of plaintiffs to maintain claims for injuries sustained from data breaches based merely on an increased risk of injury. However, in McMorris v. Carlos Lopez & Assocs., LLC, 995 F.3d 295 (2d Cir. 2021), the Second Circuit denied the existence of the circuit split, instead contending that its three-factor balancing test for determining standing for risk of future injury in data breach cases could be reconciled with the positions of both clusters of circuits. The three factors are “(1) whether the plaintiffs’ data has been exposed as the …

The Internet Is For Porn…Or Is It? Fair Access To Financial Services And The Need For Onlyporn Legislation, Emily Pollak

Brooklyn Journal of Corporate, Financial & Commercial Law

Historically, the pornography industry has been the target of countless attempts to delegitimize sex work, but it still endures as a legal industry. Nevertheless, financial service providers such as banks and third-party payment processors have circumvented providing the industry fair access to their services, under vague pretexts such as reputational risk. While porn is not the only marginalized industry affected by unfair treatment from financial service providers, it is among the most targeted. This note gives context to this issue and provides that access to the global marketplace should not be limited by financial institutions functioning as de facto legislators, …

The Dark Side Of E-Commerce: The Negative Effects Of E-Commerce On The Environment, Flora Ho

Brooklyn Journal of Corporate, Financial & Commercial Law

E-commerce has many advantages for both consumers and sellers, but its process has taken a toll on the environment. In this Note, I discuss two integral aspects of the e-commerce process that contribute to climate change: (1) air pollution from delivery vehicles, and (2) the use of non-sustainable packaging. I will provide insight into the U.S. environmental laws currently in place that regulate greenhouse gas emissions and other contributors to climate change, such as the Clean Air Act and the Solid Waste Disposal Act, while highlighting how these laws are minimal at best. I argue that the U.S. government should …

Achieving Law Reform Sometimes Requires A Strong Defense, William H. Henning

Brooklyn Journal of Corporate, Financial & Commercial Law

In 2019, a joint drafting committee authorized by the Uniform Law Commission and the American Law Institute began work on a sweeping set of amendments to the official text of the Uniform Commercial Code (UCC) that address issues arising from emerging technologies. The amendments were approved by the sponsoring organizations at their 2022 annual meetings, and efforts are already underway to gain uniform nationwide enactment by state legislatures. The most significant changes to the UCC consist of a new Article 12 dealing with digital assets and amendments to Article 9 that facilitate the leveraging of these assets. Also in 2019, …

When Sexual Assault Becomes Incident To Military Service, Lauren C. Brady

Journal of Law and Policy

For seventy-two years, federal courts have barred military servicemembers who are survivors of sexual assault from recovery under the Federal Tort Claims Act (FTCA). The Feres doctrine, promulgated from the Supreme Court case Feres v. United States, became the foundation for federal courts’ decisions that sexual assault is incident to one’s service in the military. Courts’ over-deference to the military has enabled a system that turns a blind eye to perpetrators and abusive environments on bases. However, the Ninth Circuit recently turned the tide in FTCA cases, holding in Spletstoser v. Hyten that military sexual assault survivors should be permitted …

What Counts As ‘Racist Enough?’: A Clearer Standard For New Trials When Jurors Demonstrate Racial Bias, Priyadarshini Das

Journal of Law and Policy

The no-impeachment rule, Federal Rule of Evidence 606(b), necessitates that jurors keep their deliberations secret. However, in the 2017 Supreme Court case Peña-Rodriguez v. Colorado, the Court created a racial bias exception to the no-impeachment rule. This exception allows jurors to notify the court when “one or more jurors made statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.” This Note argues that this standard is too narrow because it fails to consider several situations of racial bias, like implicit bias. The ineffectiveness of this exception is demonstrated …

Weathering The Storm: Establishing Internally Displaced People’S Right To Affordable Housing In The Wake Of Natural Disasters, Raina Hasan

Journal of Law and Policy

In 2020, natural disasters caused more internal displacement than war; floods, storms, and wildfires caused thirty million new displacements globally, and 1.7 million in the U.S. alone. The data and history suggest that masses of people will be displaced every year and will face housing insecurity without any formal acknowledgement of their unique plight or a guarantee that internally displaced persons (“IDPs”) will have protected rights. This Note proposes that, considering the worsening climate crisis leading to more frequent and severe natural disasters, the U.S. should codify the rights of internally displaced people as laid out in the United Nations’ …

Protecting The ‘Unwanted’: How And Why We Should Defend Former Gang Members In Their Pursuit Of Asylum, Anjani P. Shah

Journal of Law and Policy

This Note discusses the flaws in the tripartite analysis to determine whether an asylum seeker satisfies the protected ground of “membership in a ‘particular social group’” (“PSG”). An applicant seeking a PSG determination must prove: (1) “immutability,” (2) “social distinction,” and (3) “particularity.” This Note argues that when PSG asylum claims are denied and appealed to the Board of Immigration Appeals (“BIA”), the BIA has incoherently tangled what is actually required in order to compel an affirmative PSG determination. One group of asylum seekers that has been significantly disadvantaged by this tripartite test is former gang members. This Note argues …

Hacking Copyright: Holding Cops Accountable For Abusing Youtube’S Copyright Filter System, Tyler Bloom

Journal of Law and Policy

This Note both explores the mechanisms and incentive structures that make “copyright hacking” possible and explains the legal system’s failure to provide recourse for victims of successful “copyright hacks” by police officers. Because the DMCA has failed to keep pace with the internet’s exponential growth, OSPs, such as YouTube, have developed filtering systems that can be exploited to “copyright hack” users and ultimately suppress their speech. A victim of “copyright hacking” by a police officer currently has no recourse; the doctrine of qualified immunity functionally precludes them from suing for violating their First Amendment rights. This Note proposes two possible …

Ice Transfers And The Detention Archipelago, Sabrina Balgamwalla

Journal of Law and Policy

This article examines transfers as an understudied but critical dimension of the immigration detention system. Transfers regularly take detainees in immigration custody from public to private facilities, across state lines, and beyond the jurisdiction of individual courts. Immigration and Customs Enforcement (“ICE”) has virtually unlimited authority to use transfers strategically to further agency goals of immigration enforcement. For individual detainees, transfers shape outcomes in their immigration cases. Noncitizens are regularly funneled into detention centers in legal jurisdictions generally hostile to claims for relief. Transfers also regularly send detainees to facilities in isolated, rural communities, where they are more likely to …

Unending Reform: Police Resistance To Consent Decrees And Federal Monitors, Finn Mayock

Journal of Law and Policy

The murder of George Floyd and the subsequent protests that engulfed the United States in 2020 reignited public attention towards the violent and discriminatory practices of police departments across the country. While methods of reforming these institutions were debated with new vigor, the federal courts have been quietly overseeing efforts to obtain constitutionally compliant policing in numerous cities for decades. Using legal tools such as consent decrees and monitors, the Department of Justice has enlisted the assistance of federal courts to ensure that police practices are in congruence with the Constitution. As pervasive police violence against black and brown people …

An End-To-End Pipeline From Law Text To Logical Formulas, Aarne Ranta, Inari Listenmaa, Jerrold Soh, Meng Weng Wong

Research Collection Yong Pung How School Of Law

We propose a pipeline for converting natural English law texts into logical formulas via a series of structural representations. Text texts are first parsed using a formal grammar derived from light-weight annotations. An intermediate representation called assembly logic is then used for logical interpretation and supports translations to different back-end logics and visualisations. The approach, while rule-based and explainable, is also robust: it can deliver useful results from day one, but allows subsequent refinements and variations.

A Tokenized Future: Regulatory Lessons From Crowdfunding And Standard Form Contracts, Darian M. Ibrahim

Faculty Publications

This Article examines the world of risk investing in the cryptoeconomy. The broader crypto market is booming despite the latest downturn. People and institutions are buying in. The question is now how to regulate it.

This Article first tackles the question of whether coins, tokens, and other investable cryptoassets are securities. Second, for those cryptoassets that are not securities, this Article seeks to find a regulatory solution that balances promoting innovation with investor protection, just as the Securities and Exchange Commission (SEC) would do. To strike the right balance, this Article adopts a proposal by Ian Ayres and Alan Schwartz …

A World Without Prosecutors, Jeffrey Bellin

Faculty Publications

Bennett Capers’ article Against Prosecutors challenges us to imagine a world where we “turn away from prosecution as we know it,” and shift “power from prosecutors to the people they purport to represent.”

[...]

Capers joins a long line of authors seeking to attack mass incarceration by reducing the role of prosecutors. I agree with these authors that we should dramatically shrink the footprint of American criminal law and ending the war on drugs is a good place to start. But while Capers styles his proposal as a “[r]adical change,” I find the focus on prosecutors in this context decidedly …

Retrospective And Prospective Study Of The Evolution Of Apc Costs And Electronic Subscriptions For French Institutions, Antoine Blanchard, Diane Thierry, Maurits Van Der Graaf

Copyright, Fair Use, Scholarly Communication, etc.

French Résultats principaux

Coûts 2020

• Dépenses d'abonnement aux périodiques électroniques en 2020: 87,5 M€
• Coûts des APC en 2020: 30,1 M€

Coûts prédits sous l'hypothèse d'une évolution à l'identique des tendances observées:

• Dépenses d'abonnement aux périodiques électroniques en 2030: 97,5 M€
• Coûts des APC en 2030: 50,6 M€

Coûts prédits dans un scenario d'accélération vers le gold OA:

• Coûts des APC en 2030: 68,7 M€

Coûts prédits dans un scenario de hausse du libre accès green et transition du libre accès hybride vers gold:

• Coûts des APC en 2030: 38,5 M€

Coûts prédits pour 90% d'articles d'auteurs correspondants affiliés en …

A New Feudalism: Selfish Genes, Great Wealth, And The Rise Of The Dynastic Family Trust (Dft), Eric Kades

Faculty Publications

Today’s record levels of economic inequality are infecting our future as the top 0.01% bequeath vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines—not just for a generation or two, but forever. Although it may sound implausible, interviews with estate lawyers serving very high-net-worth clients reveal that some members of the wealthiest tier of testators are already exploiting the RAP’s elimination, along with a tax loophole, to establish dynasty trusts that will financially empower their bloodline as long as it continues. Recent work in evolutionary …

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.

Ensuring An Inclusive Environment For Deaf And Hard Of Hearing Patients, Joseph Samona Dds, Michael Korleski Rdh, Bsdh, Stephen J. Stefanac Dds, Ms

The Journal of the Michigan Dental Association

This article emphasizes the need for an inclusive environment in dental practice for Deaf and hard of hearing (DHH) patients. It sheds light on the challenges faced by DHH patients during dental appointments, such as communication barriers due to mask-wearing and lack of sign language interpreters. The article highlights the importance of using proper terminology, understanding communication preferences, and providing accommodations to ensure effective communication with DHH patients. It also discusses legal requirements, including the Americans with Disabilities Act, to provide reasonable accommodations. Ensuring inclusivity in dental practice is essential to improving access to care and enhancing oral health outcomes …

10-Minute Ebd: Are Hearing Protective Devices Effective For Protecting Clinicians From Noise Exposure In Clinical Practice?, Julie Frantsve-Hawley Phd

The Journal of the Michigan Dental Association

This Ten-Minute Evidence-Based Dentistry Article provides an example of implementing the evidence-based dentistry search process with trusted search engines and identifying the best literature through critical appraisal to answer the clinical question: Are Hearing Protective Devices Effective for Protecting Clinicians from Noise Exposure in Clinical Practice? This article examines the effectiveness of hearing protective devices for safeguarding clinicians from noise exposure in dental practice. The clinical environment, exacerbated by COVID-19 aerosol-reducing devices, exposes oral health providers to elevated sound levels. While there's no conclusive evidence regarding the impact of handpieces on hearing, occupational noise exposure in dental settings can affect …

Dentistry And The Law: Employee Vs. Independent Contractor, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column discusses hiring a dentist as an employee or an independent contractor. Employing a dentist as an independent contractor offers advantages such as avoiding compliance with various employment laws and not having to withhold taxes. However, there is uncertainty regarding whether tax and other authorities will recognize the independent contractor relationship. Factors like supervision and control play a significant role in this determination. To mitigate uncertainty, practices can contract with an entity owned by the dentist, providing a potential solution. Legal counsel is recommended for setting up such arrangements.

Headquarters Report: Mda Strategic Plan: In The Rear View Mirror And Around The Curve, Karen Burgess Cae

The Journal of the Michigan Dental Association

The Association Executive Director's year-end report discusses the accomplishments and challenges of the MDA's 2021-25 Strategic Plan. Member value remains high, as indicated by a Net Promoter Score of 43 and positive feedback on benefits like TDSC.com. However, younger practitioners are less engaged due to pandemic-related challenges. Member engagement saw a successful in-person Annual Session and increased online engagement. Organizational sustainability remains strong, but efforts are focused on maintaining membership participation. Diversity, equity, and inclusion initiatives, including a collaborative website, made significant progress. Advocacy efforts resulted in Medicaid reform and defeating restrictive bills. The report concludes by emphasizing the evolving …

J Mich Dent Assoc December 2022

The Journal of the Michigan Dental Association

Monthly, The Journal of the Michigan Dental Association brings news, information, and feature articles to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story on Ensuring an Inclusive Environment for Deaf and Hard of Hearing Patients.
• A clinical feature: Traumatic Ulcerative Granuloma Mimicking Squamous Cell Carcinoma in Lichen Planus.
• Feature information on the University of Michigan’s BioArtography Project.
• A recap on MDA volunteer leadership activity at the 2022 ADA House of Delegates.
• News you need, Editorial and regular department …

The Art In Science: The University Of Michigan’S Bioartography Project, Deborah L. Gumucio Phd

The Journal of the Michigan Dental Association

"The Art in Science: The University of Michigan’s BioArtography Project" emphasizes the importance of using art to convey scientific information to the public. Scientists and medical professionals often struggle to communicate their research effectively to non-experts. The BioArtography Project, initiated in 2005, combines art and science to bridge this communication gap. It features striking images of cells and tissues under microscopes, accompanied by lay-language descriptions of the research behind each image. The project aims to engage the public, stimulate curiosity, and convey information about scientific discoveries. BioArtography images have led to meaningful discussions with the public, dispelling myths and educating …

2022 Author/Title Index To The Journal Of The Michigan Dental Association, Jackie Hammond

The Journal of the Michigan Dental Association

The Journal of the Michigan Dental Association annually publishes an index of the year’s articles listed by title and author. This resource is intended to aid in content searches.

Mental Illness Labeling In Justice-Involved People, Elena Therese Vaudreuil

Open Access Theses & Dissertations

While it cannot be denied that there is a strong correlational relationship between justice-involvement and mental illness, research has demonstrated that severe mental illness is rarely the direct cause of criminal activity. However, stigmatizing attitudes towards people with mental illness are often rooted in incorrect generalizations regarding the link between mental illness and unpredictable, dangerous behavior, which can be magnified by labels (e.g., "schizophrenic" or "criminal"). This reduction of a person to a label results in a number of negative outcomes, ranging from the prejudice and inequitable treatment one may experience from groups such as justice workers, police, and employers …

Corrupt Or Charitable? Patient Assistance Programs And The Case For Narrowing The Breadth Of The Federal Anti-Kickback Statute, Isaac Strauss

Cardozo Law Review

No abstract provided.