Law Commons^™

Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu, Francis Gurry, Keun Lee

Faculty Scholarship

While growing disparities in wealth and income are well-documented across the globe, the role of intellectual property rights is often overlooked. This volume brings together leading commentators from around the world to interrogate the interrelationship between intellectual property and economic inequality. Interdisciplinary and globally oriented by design, the book features economists, legal scholars, policy analysts, and other experts. Chapters address the impact of intellectual property rights on economic inequality, the effect of economic inequality on the protection and enforcement of these rights, and the potential use of innovation law and policy to help reduce economic inequality. The volume also tackles …

Introduction To Intellectual Property, Innovation And Economic Inequality, Daniel Benoliel, Peter K. Yu

Faculty Scholarship

This chapter provides an introduction to Intellectual Property, Innovation and Economic Inequality. It begins by discussing the problem of economic inequality, including the scale of that problem, types of economic inequality, and extant research on such inequality. The chapter then outlines the structure of this volume, which is divided into three parts: (1) theoretical, empirical, and policy issues; (2) intellectual property and national inequality; and (3) intellectual property and global inequality.

China, The Trips Waiver, And The Global Pandemic Response, Peter K. Yu

Faculty Scholarship

This chapter identifies three distinct reasons why China took a middle-of-the-road position in the debate on the COVID-19 TRIPS waiver at the WTO. It also recounts the country’s more assertive position in the run-up to the adoption of the Ministerial Decision on the waiver. Drawing eight lessons from the international debate on the waiver and the subsequent Ministerial Decision, the chapter offers insights into the future role China can or will play in future international policy debates at the intersection of intellectual property and public health, including during the next pandemic.

Reshaping Intellectual Property Scholarship From Within, Peter K. Yu

Faculty Scholarship

Written for the Symposium collecting papers from the Race + IP 23 Conference, this article explores intellectual property scholarship that has been either overlooked or marginalized. Because scholars of color are often outsiders looking in, the article identifies opportunities to reshape intellectual property scholarship from within. Even though the focus of this article was chosen with readers of this Symposium in mind, its insights will be relevant to all scholars.

This article begins by calling on scholars to develop a deeper appreciation of the intrinsic motivations of authors and inventors. It then discusses the oft-overlooked inequalities of creativity and innovation …

New Approaches And Challenges Regarding Trade, Climate Action, And The Wto, Sunayana Sasmal

Columbia Center on Sustainable Investment

This report considers how the WTO, as an institution and its rules, can and should be a game-changer in undertaking climate action and the green energy transition globally. By leveraging its toolkit, the WTO has the potential to drive climate action, from regulating border carbon adjustments to promoting trade in green products, green electricity, and dissemination of climate technologies. However, unlocking this potential requires legal reforms, a proactive institutional role, and strong political will from WTO members.

Becoming Golden: The Udsl Law Review Turns 50, Nicholas Daniel Seger

University of Dayton Law Review

No abstract provided.

De Novo Déjà Vu: The Inequitable Consequences Of The Remand Process Under New Jersey Municipal Land Use Law, Timothy R. Jinks

University of Dayton Law Review

No abstract provided.

Navigating Legal Currents: The Constitutional Quandary Of Redefining “Navigable”, Brodi Voight

University of Dayton Law Review

No abstract provided.

Dentistry And The Law: Overlooked Purchase Agreement Terms, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Selling a dental practice involves numerous legal, financial, and operational considerations. Assembling a team—including a lawyer, accountant, broker, and insurance professional—is crucial for ensuring a smooth transaction. While letters of intent are optional, they help define terms like exclusivity, due diligence, and confidentiality.

Purchase agreements, often drafted by the buyer’s lawyer, should detail asset allocation, tax implications, and handling of accounts receivable. Neglected areas such as work-in-process procedures and rework responsibilities must also be addressed to avoid disputes. Properly planning and negotiating these terms protects both buyer and seller, minimizing post-sale complications and ensuring a seamless transition of ownership.

How Adr Can Be Implemented As A Useful Tool With Contract Disputes Between Agents And Their Clientele, Leora Perlstein

Cardozo Journal of Conflict Resolution (CJCR) Blog

The entertainment, sports, and arts industry is a fast-paced and profitable field that draws in a wide range of stakeholders, such as producers, artists, labels, and agents. Contracts play a vital role in safeguarding the interests of all parties in the entertainment industry; they clarify the terms of agreement, protect intellectual property rights, and offer a framework for resolving disputes. Although the idea behind contracts sounds positive and secure for a client, there are darker portrayals of the arts and entertainment industries— or, for example, a record company— which may try to stifle a young artist’s creativity through deception in …

Regulating Robo-Advisors In An Age Of Generative Artificial Intelligence, Daniel Schwarcz, Tom Baker

Law & Economics Working Papers

New generative Artificial Intelligence (AI) tools can increasingly engage in personalized, sustained and natural conversations with users. This technology has the capacity to reshape the financial services industry, making customized expert financial advice broadly available to consumers. However, AI’s ability to convincingly mimic human financial advisors also creates significant risks of large-scale financial misconduct. Which of these possibilities becomes reality will depend largely on the legal and regulatory rules governing “robo-advisors” that supply fully automated financial advice to consumers. This Article consequently critically examines this evolving regulatory landscape, arguing that current U.S. rules fail to adequately limit the risk that …

Survey Of Capital Cases In Georgia, Jessica L. Heywood

Mercer Law Review

This Article examines five cases decided during the Survey period: two decisions by the Supreme Court of Georgia and three decisions by federal courts involving Georgia defendants. The Georgia Supreme Court cases are a direct appeal and a habeas appeal. All three federal cases are habeas petitions by Georgia state prisoners. We included federal cases because they involve significant points of law and illustrate the United States Court of Appeals for the Eleventh Circuit’s continued lax oversight of habeas claims, decades after the passage of the Antiterrorism and Effective Death Penalty Act (AEDPA) by Congress. The small number of cases …

Business Associations, Scott Lowry

Mercer Law Review

This Article surveys a selection of noteworthy cases involving business associations that Georgia courts decided between June 1, 2023, and May 31, 2024.

State And Local Taxation: A Three Year Survey, David Greenberg, Alexus Holton

Mercer Law Review

This Article surveys the most critical and comprehensive changes in Georgia law occurring between June 1, 2021, and May 31, 2024. Most notably, this Article discusses state income tax reform, digital products taxation, the Georgia Tax Court constitutional amendment proposal, and other important state and local taxation topics.

Georgia’S Law Of Rules: Textualism And A Survey Of The Canons, Matthew P. Cavedon

Mercer Law Review

Before a travel guide can be written, there has to be a map; before treatises can be written, there have to be surveys. This Article is a survey of Georgia textualism and every canon the Supreme Court of Georgia has recognized in its 180-year history. I begin with a general overview of textualism: the priority of plain meaning, legal context, and legal history (Part I). If there is no ambiguity, “our search for [legal] meaning is at an end.”

But of course, this frequently fails to be the case, so I have read nearly 4,000 cases in search of the …

Tackling Terry: Georgians’ State Constitutional Protections On Searches, Seizures, And Privacy, Hunter J. Rodgers

Mercer Law Review

Currently found in Paragraph XIII of our state Bill of Rights, Georgia has had a search and seizure provision in its Constitution for over 160 years. For the last sixty, our courts interpreted it in lockstep with the Fourth Amendment. Countless cases treat our state provision as an afterthought, only worth mention as an aside to the Fourth Amendment, or in acknowledgment that the court was not reviewing on state grounds, or both. Even where the Georgia Supreme Court issues opinions enhancing search and seizure protections, or at least arguing for it, it shunts Paragraph XIII into a corner to …

Symposium Introduction, Jorge Fabra-Zamora

Buffalo Law Review

No abstract provided.

Front Matter, Volume 50, Issue 1, University Of Dayton

University of Dayton Law Review

Table of contents and front matter for Volume 50, Issue 1

The Equal Protection Case Against Disparate U.S. Humanitarian Parole Policies For Afghans Compared To Ukrainians, Darcy Gallego

Fordham Law Review

The disparities between the U.S. government’s use of humanitarian parole in response to the humanitarian crises in Afghanistan and Ukraine are indicative of discrimination and violate the Equal Protection Clause. As such, U.S.-based relatives of Afghans should prevail in seeking accountability for the thousands of Afghans who continue to wait for protection.

First, this Note explains what immigration parole is, provides an overview of standing, equal protection, and animus, and describes how the government has used parole for Afghans and Ukrainians. Second, it compares parole for Afghans and Ukrainians and discusses recent immigration equal protection challenges. Third, it demonstrates that …

"Waves Of Freedom": Kant And The Right To Rescue On The High Seas, Aravind Ganesh

Buffalo Law Review

This Article draws upon the legal philosophy of Immanuel Kant to argue that all seafarers—from stateless migrants to billionaires on mega-yachts—possess legal rights to rescue on the high seas. These rights are of the kind legal practitioners call “human rights,” and correspond to obligations enforceable against the flag state of any Coast Guard, naval, or other “public” vessel receiving the seafarers’ distress signals. A second, corollary claim is that we must abandon the “Grotian” model of the seas as commons and view them instead as “global public goods” that the international legal order always already maintains through institutions for the …

Legality Beyond The State, David Lefkowitz

Buffalo Law Review

Inquiry into law beyond the state, or indeed within it, necessarily presupposes a concept of law. Consider, for example, H.L.A.’s account of international law.1 Hart famously characterizes law in terms of a union of primary and secondary rules.2 Understood in functional terms, primary rules govern actions, while secondary rules govern rules. Hart also pays particular attention to a special class of secondary rules, namely those that create specific offices whose occupants are empowered to identify, alter, apply, and enforce a society’s rules. An advanced legal system, then, is a practice of holding accountable constituted by both a hierarchy of norms—primary …

The Rule Of Interlegality, Nicole Roughan

Buffalo Law Review

A “recognition model of legality” grounds legality upon the normative significance of recognition of the role of the official of law, and the requirements of a moral relation of recognition between law’s officials and subjects. On this model, plural overlapping claims to legality can undermine the rule of law by disrupting recognition of both the role of the official and the moral relation of legality between officials and subjects. This Essay examines the legality deficits that arise from conflicting recognitions of officiality and subjection in contexts of overlapping state and Indigenous legal orders. In such contexts of plural overlapping claims …

The Workings Of Legal Exceptionalism: Arbitration As A Portal To Stateless Law-In-Action Regimes, Thomas Schultz

Buffalo Law Review

This Essay seeks to explores the fertility of thinking about arbitration as a portal to stateless legal regimes. Using the distinction between law in books and law in action, as well as the concepts of social and political disembeddedness and quiet politics, it argues that under the current paradigm of arbitration, it operates as a porous portal, getting corporate and natural citizens to escape into stateless law-in-action legal regimes (though in practice not into a law-in-books stateless legal regime). This raises questions of control of and accountability for the political effects of such stateless law-inaction legal regimes on the rest …

The Postnational Aspirations Of European Law, Paul Linden-Retek

Buffalo Law Review

This Essay begins from a particular quarrel over the interpretation of the German Federal Constitutional Court’s PSPP judgment of May 2020 to open onto questions of how to conceive political freedom beyond the nation-state, about the structure of postnational constitutionalism and its purposes, and, finally, about the role of courts within that structure and in light of those aspirations. In arguments defending the Court, an influential strand of constitutional theory, in this Essay represented by the intervention of Ulrich Haltern, continues to channel assumptions that constrain thinking about Europe as a postnational legal order. Assuming that political freedom is essentially …

Is International Law Progressive, Cormac Macamhlaigh

Buffalo Law Review

The rise of authoritarian populism in recent years has raised the question of whether international law can be coopted for authoritarian purposes. Tom Ginsburg has recently argued for the rise of what he calls “authoritarian international law” which, he claims, is undermining the hitherto progressive ethos of international law since the foundation of the United Nations. This paper critically examines this category of authoritarian international law. Adopting a Dworkinian interpretive methodology to the question of the normativity of international law, it argues that a putative authoritarian international law is incompatible with the normativity of international law as currently understood. This …

When European State Courts Face Post-Colonial Legality: A Private International Law Approach Inspired By Decolonial Theory, Sandrine Brachotte

Buffalo Law Review

This Essay develops avenues for private international law (PIL) to deal with cases involving the interaction between Western state law and distinctive forms of law that citizens from post-colonial states, especially African states, bring with them to Europe. Laws of the second type, which I call “postcolonial legality,” incorporate both traditional forms of legality usually dubbed “religious” and “customary” law along with state law that originates from colonial law. Drawing on some lessons from decolonial theory, I try to apply to this particular context a “less colonial” PIL theory and subsequent PIL rules and reasoning. The argument builds on the …

The Priority Of International Law, Pavlos Eleftheriadis

Buffalo Law Review

What is international law? Any theory of international law must explain both its technical nature and its moral force and must also show how the two come together in practice in order to give it the priority that it claims. For example, the genocide cases before the International Court of Justice exhibit a puzzling dedication to procedure. The Court is invited to examine the war in Gaza strictly on the basis of the Genocide Convention, without assessing any allegations of war crimes or other alleged violations of international law. The reason is a well-known procedural rule—namely that states have to …

New Digital Dangers To Democracy: How Artificial Intelligence Could Supercharge Black Voter Suppression, Paul M. Barrett, Cecely Richard-Carvajal

Vanderbilt Social Justice Reporter

No abstract provided.

Sustained, Strategic Organizing Paves The Way For Jail Voting Work In Tennessee

Vanderbilt Social Justice Reporter

No abstract provided.

No.55 - December 2024, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.