Law Commons^™

Renewing Faith In Antitrust: Unveiling The Hidden Network Behind Pharmaceutical Product Hopping, Victoria Field

Fordham Journal of Corporate & Financial Law

Patents grant time-limited market exclusivity to drug manufacturers, meaning that other companies are prohibited from copying and selling the patented pharmaceutical. This allows manufacturers to lawfully charge monopoly prices. Generic competition starts at the expiration of the patent. To maintain coveted monopoly power, manufacturers often release an alternative formulation of the drug with a fresh patent that enjoys continued market exclusivity. Manufacturers who can convert their consumer base to the new formulation can continue charging peak prices. This process, called “product hopping,” has been the target of significant antitrust inquiry, with mixed results.

A product hop may be the result …

Hired By A Machine: Can A New York City Law Enforce Algorithmic Fairness In Hiring Practices?, Lindsey Fuchs

Fordham Journal of Corporate & Financial Law

Workplace antidiscrimination laws must adapt to address today’s technological realities. If left underregulated, the rapidly expanding role of Artificial Intelligence (“AI”) in hiring practices has the danger of creating new, more obscure modes of discrimination. Companies use these tools to reduce the duration and costs of hiring and potentially attract a larger pool of qualified applicants for their open positions. But how can we guarantee that these hiring tools yield fair outcomes when deployed? These issues are just starting to be addressed at the federal, state, and city levels. This Note tackles whether a new city law can be improved …

Money Creation And Bank Clearing, Nadav Orian Peer

Fordham Journal of Corporate & Financial Law

Like many other countries, the U.S. money supply consists primarily of deposits created by private commercial banks. How we understand bank money creation matters enormously. We are currently witnessing a debate between two competing understandings. On the one hand, a long-standing conventional view argues that bank money creation originates in individual market transactions. Based on this understanding, the conventional view narrowly limits the scope of banking regulation to market failure correction. On the other hand, authors in a new legal literature emphasize the public aspects of bank money creation, characterizing it as a “public franchise,” a “public-private partnership,” and part …

Exploring Financial Data Protection And Civil Liberties In An Evolved Digital Age, Amanda Lindner

Fordham Journal of Corporate & Financial Law

There is no comprehensive financial privacy law that can protect consumers from a company’s collection sharing and selling of consumer data. The most recent federal financial privacy law, the Gramm-Leach-Bliley Act (“GLBA”), was enacted by Congress over 20 years ago. Vast technological and financial changes have occurred since 1999, and financial privacy law is due for an upgrade.

As a result, loopholes exist where companies can share financial data without being subject to laws or regulations. Additionally, federal financial privacy related laws provide little to no recourse for consumers to self-remediate with litigation, also known as a private right of …

Gamestopped: How Robinhood’S Gamestop Trading Halt Reveals The Complexities Of Retail Investor Protection, Neal F. Newman

Fordham Journal of Corporate & Financial Law

Should brokers have the unfettered right to restrict investor trading? GameStop, a brick-and-mortar video game retailer, had been experiencing declining revenues since 2016. However, GameStop saw its share price climb almost 1000 percent in the span of a one- week period from January 21, 2021 to January 27, 2021 due to retail investors buying significant amounts of GameStop shares during that period. Melvin Capital, a hedge fund, ended up losing billions as they were betting that GameStop shares would lose value instead of increase—a practice referred to as short selling. On January 28, 2021, brokers inexplicably halted trading on GameStop …

Without Reservation: Ensuring Uniform Treatment In Bankruptcy While Keeping In Mind The Interests Of Native American Individuals And Tribes, Connor D. Hicks

Fordham Journal of Corporate & Financial Law

The Bankruptcy Code (“Code”) exists as a mechanism for good faith debtors to discharge debts and seek a “fresh start” in life and finance. 11 U.S.C. § 106(a) ensures that not only are all debtors treated uniformly, but that all creditors, including governmental creditors which may otherwise enjoy immunity from suit, are equally subject to the jurisdiction of Bankruptcy courts and bound to the provisions of the Code.

However, a recent circuit split has demonstrated one niche yet significant instance in which a debtor may not receive the same treatment as their counterparts. While § 106 contains an express waiver …

The Battle With Big Tech: Analyzing Antitrust Enforcement And Proposed Reforms, Youngjae Lee, Morgan Hagenbuch

Fordham Journal of Corporate & Financial Law

No abstract provided.

Trauma-Informed Legal Advocacy, Laken Albrink

Law Faculty Scholarly Articles

A trauma-informed approach in legal practice can reduce the re-traumatization of victims, provide recognition of the role trauma plays in the attorney-client relationship, and provide legal professionals with the opportunity to increase connections to their clients and improve advocacy.1 Part Two of this article defines trauma and adverse childhood experiences and the impact they have on clients. It then explores indicators of trauma and how they may present case barriers if the attorney is not trauma informed. Part Three explores ways attorneys can tailor their practice of law to be trauma-informed with clients, support staff, and other professionals. It demonstrates …

Transfers And Licensing Of Copyrights To Nft Purchasers, Michael D. Murray

Law Faculty Scholarly Articles

Property as a concept in the law means the right to own and control something and to exclude others from using and controlling it. This concept often is expressed as the rights owner having a monopoly over the thing that is owned. When the term “intellectual” is added to the concept of property, it means that the thing protected is a non-tangible item devised, imagined, developed, or invented by a person or group, and that thing has value deserving of protection in the law. Copyright is one form of intellectual property (“IP”), the others being trademarks, patents, right of publicity, …

Trademarks, Nfts, And The Law Of The Metaverse, Michael D. Murray

Law Faculty Scholarly Articles

This Article discusses the early encounters of NFTs, trademarks, and the legal system. This work will examine the areas where NFT creators are getting into or are likely to get into trouble with the law and policy of trademark infringement, trademark dilution, and the related legal causes of action of false endorsement and false designation of origin. United States law is being applied in lawsuits that already are being adjudicated in the real world concerning subject matter that exists only in cyberspace, the pre-cursor to the metaverse.

Nft Ownership And Copyrights, Michael D. Murray

Law Faculty Scholarly Articles

Non-fungible tokens (NFTs) have made enormous waves in the art, music, entertainment, and collectibles world, but the backwash of this blockchain technology has inundated and overwhelmed many peoples’ understanding of intellectual property (IP) law in general and copyright law in particular when it comes to NFTs and blockchains. Artists and creatives who mint NFTs often have very different understandings and expectations from collectors and investors who purchase and use them when it comes to the copyrights associated with the content linked to an NFT. Art law attorneys may not have gone fully down the rabbit hole that is the current …

Nfts Rescue Resale Royalties? The Wonderfully Complicated Ability Of Nft Smart Contracts To Allow Resale Royalty Rights, Michael D. Murray

Law Faculty Scholarly Articles

Resale royalty rights (also known by the French phrase, droit de suite or “right of continuation” rights) give artists a right to participate in the proceeds realized from the resale of their works. According to DuBoff, “[w]hile copyright laws give the creator of a work the right to control eproduction of the work, many visual artists do not benefit as directly as print authors do from this aspect of copyright protection.” Unlike print authors, who derive their primary economic return on a literary work through the sale of multiple copies, visual artists receive most of their economic returns from the …

Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray

Law Faculty Scholarly Articles

The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …

Precious And Dear To Us Is Only This Place: The Transformative Potential Of Monumental Remnants, Zachary A. Bray

Law Faculty Scholarly Articles

When monuments are torn down, what remains, and what should we do with the remains? In the United States as elsewhere, recent political and social conflicts have led to the destruction or relocation of many monuments—sometimes spontaneous, sometimes carefully planned. Much attention has been focused on these processes of removal and relocation, and the laws that hinder or advance these changes. On the other hand, relatively little attention has been paid to what remains behind after monuments are removed or destroyed: the vacant spaces, empty pedestals, fragments of statues, and so forth. Sometimes these remnants are protected by laws that …

Introduction: There Must Be Something In The Water - Or The Bourbon - In Kentucky: Voting Rights In The Bluegrass State, Joshua A. Douglas

Law Faculty Scholarly Articles

Kentucky is best known for three things: horses, bourbon, and basketball. Add positive improvements for the right to vote to the list.

The Bluegrass state has made national news in recent years for its election rules. In 2020, many people in the media and advocacy world pointed to Kentucky as a model for administering an election during the COVID-19 pandemic. Under a bipartisan agreement between the Democratic Governor and Republican Secretary of State, Kentucky initially postponed the 2020 primary to provide for additional planning time. Then it implemented smart rules to ease access to vote-by-mail and made in-person voting safer …

Reading Legal Ethnographies To Re-Map Legal Pluralism: A Pospisilian Corrective To The Prevailing Dichotomous Description Of Afghanistan’S Legal Order, Tomas Ledvinka, James M. Donovan

Law Faculty Scholarly Articles

This article explores several ethnographies (both academic and para-academic) of Afghanistan’s traditional justice (jirgas and shuras) in order to illuminate contrasts of their conceptual approaches at different periods of the country’s history. In this genealogy we identify ethnographic observations of the levels at which various sociolegal authorities operate and which often elude standard international ontology. The article takes the legal ethnographies as signposts for a conceptual reframing of the legal situation in the country by drawing upon Pospisil’s legal-anthropological conceptual approach which offers an alternative to generic global legal models based on binary oppositions such as formal–informal, state–non-state or official–traditional. …

Sb 148 - Amendments To The Nonprofit Code, Joseph Shafritz, Jonathan Shaw

Georgia State University Law Review

The Act revises, simplifies, and modernizes the Georgia Nonprofit Corporation Code, providing greater flexibility in forming and running such organizations.

The Right To Counsel For Habeas Proceedings, Amy Cohen

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Interstate Cannabis Compacts: The Road To A Regional Legal Cannabis Economy, Michael J.K.M. Kinane

Minnesota Law Review Headnotes, Vols. 107 onward (2022-present)

No abstract provided.

Foreword, Nicholas Keenan, Senya Merchant, Clara Lane

UC Law Business Journal

No abstract provided.

Don’T Let The Green Grass Fool You: Green Contingent Convertible Bonds And Their Role In The Pursuit Of A Sustainable Economy, Eyolf Aaro

UC Law Business Journal

This paper exposes some prominent issues that arise when banks label their contingent convertible bonds (CoCos) as “green,” and proposes a mechanism to improve green CoCos as climate change mitigation instruments. The green label is weakly protected due to regulatory requirements for capital instruments issued by banks. Current and proposed green bond frameworks, when applied to standard green bonds are insufficient in ensuring real environmental impacts from the bonds, are not prepared for the novelty of labeling CoCos as green. The result is a financial instrument through which issuing banks unsuccessfully try to achieve both regulatory and environmental aims. The …

The Collapse Of The Turnover-Proof Business Model: Combatting A Labor Crisis, Simran Thiara

UC Law Business Journal

No abstract provided.

Attack On Antitrust: Preventing A Grim Future For Anime Streaming, Michael L. Cederblom

UC Law Business Journal

No abstract provided.

Tort Reform In Florida: The Impact Of Hb837, Kara E. Burns

Honors Undergraduate Theses

Legislative policies play a pivotal role in shaping the socio-political landscape of a nation, addressing critical issues, and reflecting the values and priorities of its citizens. This case study examines the implementation of Florida's House Bill 837 (HB837), a significant piece of legislation that has generated substantial interest and debate. The study aims to shed light on the practical implications of this policy within the context of its introduction, passage, and subsequent results. The research of this case study explores the historical and political backdrop against which HB837 was enacted. It examines the motivations behind the bill, the debates that …

Restoring Confidence In Educational Technologies, Ariel Newman

Faculty Works

This article explores how adaptable digital learning tools, originally designed for K-12 education, can enhance engagement and comprehension in law school classrooms. In response to lingering skepticism toward educational technology following the pandemic, the article advocates for a strategic approach that integrates interactive and student-centered methods rather than reverting entirely to traditional instruction. Newman emphasizes the importance of leveraging digital tools that align with the learning preferences of Generation Z students, fostering more dynamic and effective legal education. By rethinking how technology is used in law schools, educators can create more engaging and responsive learning environments that better prepare students …

Felony Murder Liability For Homicides By Police: Too Unfair And Too Much To Bear, Maria T. Kolar

Journal of Criminal Law and Criminology

On November 23, 2020, a fifteen-year-old boy was gunned down by five Oklahoma City police officers, after he exited a convenience store and dropped the gun that he and a sixteen-year-old partner had earlier used to rob the store’s owner. Initially, the boy’s non-present partner was charged with first-degree (felony) murder for this killing. But after months of efforts by the boy’s mother and local activists, the district attorney also charged five officers with first-degree manslaughter for this same killing.

This case raises the question of whether Oklahoma—or any American state—can convict a defendant of felony murder based upon a …

The Problem Of Habitual Offender Laws In States With Felony Disenfranchisement, Daniel Loehr

Journal of Criminal Law and Criminology

Habitual offender laws operate to increase the sentence of an individual if that person already has a felony conviction. At the same time, many people with felony convictions cannot vote or run for office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As John Hart Ely argued, laws that target a formally disenfranchised group are tainted and deserve heightened constitutional scrutiny. When reviewing habitual offender laws under the Eighth Amendment, however, courts have applied the opposite of heightened scrutiny—they have applied an extreme form …

Policing The Danger Narrative, Avlana K. Eisenberg

Journal of Criminal Law and Criminology

The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What functions should police perform, and how should they perform them to avoid injustice and unnecessary harm? This Article, in contrast, focuses on a central aspect of police culture—namely, how police envision their relationship to those policed. It exposes the vast reach of a deeply engrained “danger narrative” and demonstrates the disastrous consequences that this narrative has helped to bring about. Reinforced by police training, codified by courts, and broadly deployed, the danger narrative is …

Restorative Justice Diversion As A Structural Health Intervention In The Criminal Legal System, Thalia González

Journal of Criminal Law and Criminology

A new discourse at the intersection of criminal justice and public health is bringing to light how exposure to the ordinariness of racism in the criminal legal system—whether in policing practices or carceral settings—leads to extraordinary outcomes in health. Drawing on empirical evidence of the deleterious health effects of system involvement coupled with new threats posed by COVID-19, advocates and academics have increasingly called for race-conscious public health-driven reforms to carcerality in the United States. Recognizing the significance of health to carceral reform, the initiation of a health justice grounded lexicon in criminal justice has opened the doorway to new …

Are Police Officers Bayesians? Police Updating In Investigative Stops, Jeffrey Fagan, Lila Nojima

Journal of Criminal Law and Criminology

Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If those expected costs and benefits change over time, the behavior will change accordingly as actors learn and internalize the parameters of success and failure. In the context of proactive policing, police stops that achieve any of several goals—constitutional compliance, stops that lead to “good” arrests or summonses, stops that lead to seizures of weapons, drugs, or other contraband, or stops that produce good will and citizen cooperation—should signal to officers the features of a stop that increase its rewards …