Law Commons^™

The Rights And Obligations Of Mod Creators In Canadian Videogame Law, Christian Clavette

Canadian Journal of Law and Technology

This article explores the legal landscape for mod creators in the Canadian video game industry, examining their rights and obligations under Canadian copyright law and End User License Agreements (EULAs). With the growth of the industry, independent creators have increasingly contributed to game development through “mods,” which modify or enhance existing games. While these mods offer significant creative and commercial potential, they also pose legal challenges, particularly regarding copyright infringement and the enforceability of EULAs. The article evaluates relevant Canadian and U.S. case law, highlighting key differences and similarities, and discusses how these legal principles apply to mods. It also …

The Advocate (Fall 2024), Lewis & Clark Law School

The Advocate

No abstract provided.

Childhood Adversity's Impact On Criminal Behavior, Isobel Marie Avento

Theses and Dissertations

Adverse childhood experiences (ACEs), such as abuse, neglect, and family criminal history, have been identified as potential risk factors for negative physical, psychological, and behavioral health outcomes. Emerging literature suggests that ACEs are also among the primary factors leading to delinquency and adult criminal behavior. However, there is limited applied research that provides practitioners with appropriate insight to intervene when ACEs are identified among juvenile delinquents to reduce recidivism risk. This study adds to the existing literature by examining how cumulative ACEs shape criminal behavior of individuals from the onset until its desistance over the span of twenty years. Using …

Classifying Open Access Business Models, Tasha Mellins-Cohen

Copyright, Fair Use, Scholarly Communication, etc.

The proliferation of open access (OA) business models has been rapid, presenting challenges for stakeholders in communicating and working effectively with one another. This article aims to clarify terminologies and address the inconsistencies and gaps in previous attempts to categorize OA models, supporting informed decision-making. It presents five core types, each with distinct characteristics and implications for funding, equity, and implementation. Operating at the level of individual pieces of content, transactional models expose authors to the financial implications of their decisions to make content OA; they often must pay out of their own funds. Driven by negotiations between libraries or …

Client Confidentiality As Data Security, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …

Can Federated Learning Solve Ai’S Data Privacy Problem?: A Legal Analysis, Warren B. Chik, Florian Gamper

Research Collection Yong Pung How School Of Law

Federated learning (FL) is a method of training AI systems on different datasets without sharing data. The promise of FL is to enable AI systems to be trained on data, including personal data, while preserving data privacy and confidentiality, and thus, inter alia, facilitate compliance with data protection legislation. FL has generated a considerable interest amongst the computer science community, yet there is a dearth of legal analysis of FL. This is a problem because the question of whether FL facilitates compliance with data protection legislation is a legal question. This article will fill this lacuna by providing a comprehensive …

Tender Rejection Under Article 393 Of The Polish Public Procurement Law (Ppl) – Remarks De Lege Lata And De Lege Ferenda, Joanna Affre, Mateusz Restel

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article examines how Poland has implemented Article 85 of Directive 2014/25/EU, and determines what consequences arise from the discrepancies between the wording of Polish and EU provision. The prerequisites that allow contracting authorities to exercise the right to reject a tender, due to the origin of the products covered by it, are identifi ed, and an interpretation of each of these prerequisites is provided. This discussion responds to problems related to the application of Article 393(1) point 4 of the Polish Public Procurement Law (PPL). The paper calls for the amendment of this provision, by introducing an obligation to …

Justification For The Introduction Of The Eu Short-Term Rentals (Str) Regulation In The Context Of The Housing Market In The Eu, Paweł Budny

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Given the priority status of ensuring universal access to decent and affordable housing at the EU level, the EU legislator has highlighted the need for harmonization in the collection of data on short-term rentals of residential units through sharing economy platforms. The dynamic growth of platform tourism, observed across the EU in recent years, justifies the need for the introduction of EU Regulation 2024/1028 on Short-Term Rentals (STR), which imposes on collaborative economy platforms that operate on the short-term property rental market, the obligation to provide relevant authorities with data on landlords and units associated with the services provided. The …

Legal And Practical Aspects Of Sharing And Entrusting Personal Data, Taking Into Account Tourism Regulations During The Covid-19 Pandemic, Stanislaw Hady-Głowiak, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents issues related to the sharing of personal data, and to entrusting data for their processing, with particular emphasis on tourism regulations during the pandemic. The work aims to indicate practical solutions, and to distinguish between situations of entrusting data for processing, a contractor authorized to process them on the basis of a contract, and of sharing of personal data. In the latter case, the most important thing is to verify each time the legal basis authorizing their sharing, and to keep a register of data sharing. In the case of the process of entrusting personal data for …

Trust And Robotics: A Multi-Staged Decision-Making Approach To Robots In Community, Wenxi Zhang, Willow Wong, Mark Findlay

Research Collection Yong Pung How School Of Law

With the desired outcome of social good within the wider robotics ecosystem, trust is identified as the central adhesive of the human–robot interaction (HRI) interface. However, building trust between humans and robots involves more than improving the machine’s technical reliability or trustworthiness in function. This paper presents a holistic, community-based approach to trust-building, where trust is understood as a multifaceted and multi-staged looped relation that depends heavily on context and human perceptions. Building on past literature that identifies dispositional and learned stages of trust, our proposed decision to trust model considers more extensively the human and situational factors influencing how …

China And Global Trade Order Post Ukraine War: From Value Chains To Values Chains, Henry S. Gao

Research Collection Yong Pung How School Of Law

China has long been hailed as the biggest success story in economic development through integration into global value chains, especially since its accession to the WTO 20 years ago. However, it is much less well-known how China refitted the global value chain narrative to influence economic analysis and trade governance. At the same time, the value chains analysis also backfired when the U.S. tried to cut China out of its supply chains and pushed for decoupling with China, while China itself started to abuse its role in value chains for political gains. The process was further accelerated by the Ukraine …

The Three Eras Of Australian Practice On Mpas: The Interaction Between National And International Law And Policy, Ethan Beringen, Nengye Liu, Michelle Mei Ling Lim

Research Collection Yong Pung How School Of Law

Australia has attempted to position itself as a world leader in Marine Protected Area (MPA) practice through leveraging its significant national MPA network as well as its heavy involvement in the creation of high seas MPAs in the Antarctic. However, the quality of Australia’s domestic and international MPA practice have separately been subject to similar and convincing critiques. Despite this, little research exists which highlights how these two levels of law-making may interact regarding MPAs. Hence, the question to be addressed is: ‘How does Australia’s domestic and international MPA practice interact?’ Through drawing upon middle power theory to characterise this …

Selected Aspects Of The Organization Of Tourism And Recreation In Natural Areas With Different Status Of Legal Protection, Marcin Pasek, Dominik Borek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

An important place in the strategy of promoting health of modern societies, especially in the post-pandemic world, is played by orienting recommendations on how to spend free time towards tourism and recreation in the natural environment. The utilitarian nature of this type of activity is associated with the need to respect legal provisions, relating to the use of statutory forms of nature conservation, as well as non-statutory protection areas. The aim of the study is to characterize the tourist-recreational use in both of the abovementioned types of ecological habitats, and to indicate the similarities and differences in the conditions of …

Report On The Series Of Seminars On The Mutual Infl Uence Of Competition Law And Labour Law In The Era Of ‘Platformization’, July 2022 – September 2023, Warsaw/Rzeszów – Porto, Agata Jurkowska-Gomułka, Sylwia K. Mazur

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Seminar report

Access To Justice As Access To Data, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

This Keynote Address, delivered in celebration of the launch of SCALES, discusses the importance of making local and state court data available for research on the functioning of the American civil justice system. It describes the regulatory and administrative challenges of obtaining good-quality data from courts. It calls for a concerted effort among researchers and policymakers to develop open-source technologies for the development of case management systems and data infrastructure. And it urges researchers to foster a collaborative research ecosystem based on broadly sharing court data.

Donald Trump And The Collapse Of Checks And Balances, David M. Driesen

SMU Law Review Forum

This Essay analyzes Donald Trump’s erosion of checks and balances during his presidency and how President Trump will likely seek to complete their collapse if he regains power. Its First Part shows that congressional willingness to check presidential abuses of power declined during Trump’s presidency and will likely get much weaker in a second term. It also shows that President Trump figured out how to evade checks and balances from Congress in his first term and examines his plans to further usurp congressional powers. Part Two looks at the judicial role in facilitating or checking presidential power through a lens …

How To Impeach A Verdict: A Response To Melanie C. Regis, Cynara Hermes Mcquillan

Scholarly Works

No abstract provided.

Taming The Wild West: Can Order Be Restored To The Collegiate Playing Fields?, Edward D. Cavanagh

Faculty Publications

On May 23, 2024, the NCAA and member conferences entered into a historic settlement to resolve the House case, a class action lawsuit brought on behalf of some 14,000 college athletes seeking damages for lost opportunities to gain financial benefits from their schools' use of their name, image, and likeness ("NIL") due to the NCAA's past denials of NIL compensation from media broadcasts, video games, and third parties. The trial court had certified damage classes consisting of (1) men's football and basketball players; (2) women's basketball players; and (3) other sports. As part of the settlement, defendants agreed to pay …

Illegal, Unreported And Unregulated (Iuu) Fishing As Pathways To Human Trafficking: Navigating The Trafficked State Of Migrant Filipino Fishermen In J.W. Henley’S Migrante, Mary Harmony I. Guevarra

Akda: The Asian Journal of Literature, Culture, Performance

This study focuses on how J.W. Henley’s Migrante (2020) illustrates the synchroneity of Illegal, Unreported and Unregulated (IUU) fishing to the human trafficking dynamics at sea, in which the maturation and onset of its male protagonist’s psychological and physiological damages confirm his trafficked state. This paper offers further scrutiny on the gendered footing of human trafficking and opens a reframing of its discourse. Migrante tells the painful story of Rizal, who finds employment in a fishing vessel on the shores of Su’ao, Taiwan; as his crew go about their routine at sea which is interspersed with illegal trades in the …

A Right To Be Left Dead, Mark Bartholomew

Journal Articles

Technology forces us to contemplate a counterpart to the right of privacy—Brandeis and Warren’s “right to be let alone”—for the age of artificial intelligence: the right to be left dead. Traditionally, it has been presumed that even if Brandeis and Warren’s right constitutes “the most comprehensive of rights and the right most valued by civilized men,” it does not apply to the dead. The question is whether we need a new approach at a time when technology can reanimate anyone and make them behave in a manner indistinguishable from their living presence. This Article interrogates the need for a right …

Evolving Corporate Philanthropy, David I. Walker

Faculty Scholarship

With the rise of corporate ESG initiatives and public benefit corporations, corporate philanthropy is evolving from an emphasis on cash contributions (contributional philanthropy) to an emphasis on adjusting operations to advance the public good (operational philanthropy). All forms of corporate philanthropy are controversial, but this article evaluates the impact of this evolution on the relative benefits and concerns of corporate philanthropy, arguing that the shift in emphasis towards operational philanthropy increases the comparative advantage of corporate philanthropy, increases agency costs, both simplifies and complicates shareholder primacy concerns, and increases the difficulty of prescriptively regulating corporate philanthropy through the tax code …

Constitutional Disorder, Robert L. Tsai

Faculty Scholarship

This is a review essay inspired by two books: Yuval Levin's American Covenant (2024) and Erwin Chemerinsky's No Democracy Lasts Forever (2024). I make the following points. First, all treatments of the U.S. Constitution can be mapped on a continuum from the worshipful to the diagnostic. Second, Levin's account, which inclines toward the devotional, extols certain features deemed both originalist and virtuous: social unity over untidiness, consensus over dissent, fear and loathing of mass politics. Third, such accounts may not be sufficiently nimble to grapple with contemporary problems such as new forms of oligarchy or movement capture of traditional parties. …

Contracting Hoop Dreams: Using Sports Law To Teach Transactional Practice, Cody Jacobs

Faculty Scholarship

One of the places I find the most joy in teaching legal writing is problem development—writing compelling factual scenarios that give students interesting legal issues to work through is rewarding and fun.  The best prompts will motivate students to really jump into their role representing their client and encourage them to think about the “big picture”—how the law ties into social, political, and economic structures in society at large.  Much has been written about the best ways to do this in the context of litigation assignments (briefs, memos, etc.), but there has been less discussion about problem creation in the …

Innovation Challenges In The Air Force Sbir Program: From The Small Businesses’ Perspective, Hart J. Holt, Amy M. Cox, Scott Drylie, David S. Long, Alfred E. Thal Jr., R. David Fass

Faculty Publications

Every year the United States invests $3.2 billion in the Small Business Innovation Research (SBIR) program to promote innovation among the nation’s small businesses. Half of this investment is from the DoD. This research considers the challenges faced by small businesses innovating with the DoD, particularly those awarded SBIR contracts with the United States Air Force. The authors surveyed 286 unique small businesses that were previously awarded an Air Force SBIR contract. By asking the survey respondents open-ended questions and categorizing their responses, they pinpoint unaddressed challenges from the small business perspective. By categorizing survey responses through Qualitative Content Analysis, …

Intellectual Property, Genetic Resources, And Associated Traditional Knowledge, N.S. Gopalakrishnan, Srividhya Ragavan, Narendran Thiruthy

Faculty Scholarship

The recently concluded WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge mandates disclosure requirements in patent applications, thereby creating an obligation to attribute the use of genetic resources and traditional knowledge. The WIPO member countries thus have an opportunity to modify their national patent laws, so that they can effectively control genetic resources and traditional knowledge. This article examines the choices that the biodiversity-rich countries have when designing their national legal systems to implement the treaty.

Shifting Toward Boilerplate Regulation, Wayne R. Barnes

Faculty Scholarship

Consumer assent to standard form contracts has been creating cognitive dissonance among contracts scholars for a century. Businesses impose standard forms on consumers, who never read the terms. But consumers would not understand them if they did. And they don’t have the bargaining power to change them anyway—the terms are famously “take it or leave it.” Contracting is ideally theorized as an act of voluntary, knowing consent to all the terms agreed to. The dissonance is that consumers, although ostensibly signaling their assent to the boilerplate by signing (or clicking, or tapping their phone screen), do not in fact know …

Section Three Of The Fourteenth Amendment: Insurrection, Mark A. Graber

William & Mary Bill of Rights Journal

The public, scholarly, and legal debate over whether former president Donald Trump is eligible to hold office under Section Three of the Fourteenth Amendment has focused far more on technical legal questions than on whether Trump engaged in an insurrection. Scholarly and public commentary rarely examines the constitutional/ common law of insurrection, preferring instead to examine whether Trump is exempt from Section Three because Section Three either exempts presidents or the presidency from disqualification or because Section Three is not self-executing. Trump v. Anderson (2024) focused on state incapacity to disqualify “oathbreaking insurrectionists” rather than on whether Trump was an …

Is The Constitution Of 1787 A White Supremacist Document? Against Essentialism In Constitutional Interpretation, David S. Schwartz

William & Mary Bill of Rights Journal

A curious convergence is emerging in legal academia around the conclusion that the 1787 Constitution is a white supremacist document. Although most originalists would deny that contention, their methodology strongly favors, if it does not compel, an agreement with progressive, “neo-Garrisonian” scholars that the Constitution of 1787 is indeed a white supremacist document. Both the neo-Garrisonian and originalist elements of this implicit convergence stem from their “essentialism” in Constitutional interpretation: the idea that the Constitution or its terms or provisions carry a uniquely and objectively correct meaning, invariant over time, and independent of our evolving normative commitments.

This Article argues …

Balancing Tradition And Inclusion: Framework Principles For An Afghan Accord, M. Hamed Isar

William & Mary Bill of Rights Journal

This Article examines the turbulent constitutional history of Afghanistan and proposes a pragmatic constitutional framework balancing Islamic principles with rights, protections, and constraints on power. After analyzing the Taliban’s current extraconstitutional rule and ideological objections to an inclusive order, it makes the case for principled compromise. The first step to constitutional reform for Afghanistan is to recognize that Afghans, the Taliban, and the international community pay a high price for disregarding law and accountability in governance. To that end, this Article canvasses the many factors that could motivate the Taliban to accept the rule of law, despite the constraints it …

The First Amendment In Education: May Faculty At Public Schools Be Disciplined For Political Hate Speech?, Ken M. Levy

William & Mary Bill of Rights Journal

At a House hearing on December 5, 2023, the presidents of three universities— Harvard, MIT, and the University of Pennsylvania—refused to state that certain kinds of hate speech, specifically calls for genocide of Jews, are prohibited on their campuses. The backlash against two of them, Harvard’s Claudine Gay and Penn’s Liz Magill, was swift and devastating; both were successfully pressured to resign. Still, while Professors Gay’s and Magill’s responses were widely criticized as tone-deaf, they were legally correct. At many private, and all public, colleges and universities, even the worst hate speech is generally protected unless it is accompanied by …