Law Commons^™

A Questionable Categorization — Trademark's Struggle To Protect Tribal Cultural Property, Emilie (Smith) Rohde

Marquette Intellectual Property & Innovation Law Review

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Keeping It Wreal: How The Eleventh Circuit's Wreal Decision Is Better Suited For A Uniform Reverse Confusion Multifactor Analysis, Sean J. Flaherty

Marquette Intellectual Property & Innovation Law Review

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The Effects Of Section 101'S Subject Matter Eligibility Requirement On Fintech Patent Valuation Models, Fhernam Batiz

Marquette Intellectual Property & Innovation Law Review

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Withdrawing Lanham Act Section 2(C) Consent: What Should Courts Do?, Zachary R. Semancik

Marquette Intellectual Property & Innovation Law Review

The dispute between Luka Dončić and his mother over his ability to withdraw consent to a trademark of his name revealed a gap in trademark law. This Comment explains the lack of legal guidance on how a court should rule if a person initially gives their consent to use their name as a trademark but later wishes to withdraw that consent. The Comment addresses two contrasting ideas. The first is the freedom to contract and the desire of courts to protect the voluntary consent of individuals to allow others to trademark their name. Alternatively, the Comment addresses the right of …

Protecting The Brand: Analyzing The Legal Landscape Of Negative Product Placements, Katie M. Brown, Sarah M. Brown, W. Eric Brown

Marquette Intellectual Property & Innovation Law Review

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Innovative Or Invalid: Amgen, Inc. V. Sanofi, Special Masters, & The Seventh Amendment Right To A Trial By Jury In Civil Proceedings, Nivory Gordon Iii

Marquette Intellectual Property & Innovation Law Review

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Solving The Consideration Problem In Non-Compete Agreements: Continued At-Will Employment Is Inadequate Consideration, Alexander H. Ferrone

Marquette Intellectual Property & Innovation Law Review

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What Is "Substantial Similarity"? Towards A Methodology For Reducing Subjectivity In Design Copyright Disputes, Robert Greenstreet, Karen Greenstreet

Marquette Intellectual Property & Innovation Law Review

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Dmca's Double Scienter Requirement: Allowing Intermediary Software Companies To Be Worry-Free In Making A Buck Off Another's Dime, Kayleigh Lemery

Marquette Intellectual Property & Innovation Law Review

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The First Amendment And Trademark Law: A Conflict Of Rights, Maia Hentges

Marquette Intellectual Property & Innovation Law Review

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Ai, The New Frontier: An Analysis On Trademark Litigation Strategies In The Face Of Generative Artificial Intelligence, Melissa Biesmann

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Territorial Intellectual Property Rights, Fhernam Batiz

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Navigating The Game: Balancing Innovation And Intellectual Property Rights In Video Game Development, Alek Giecewicz

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Precision Is Necessary In Patents, Twinkle Dutta

Marquette Intellectual Property & Innovation Law Review

No abstract provided.

Un Ésprit Sérieux, Pierre Schlag

Publications

No abstract provided.

Forfeiture By Wrongdoing In Domestic Homicide Cases: Where Are We Now?, Caren Myers Morrison

University of Michigan Journal of Law Reform

One of the few common law exceptions to the rule that every criminal defendant enjoys the right to “be confronted with the witnesses against him” is if the defendant has deliberately caused a witness’s unavailability. That a defendant could forfeit his confrontation rights through his own wrongdoing developed from the equitable concept that “no man shall profit from his wrong.” When the Supreme Court narrowed the common law doctrine of forfeiture by wrongdoing in Giles v. California, it seemed like it had dealt a serious blow to the prosecution of domestic homicide cases. Rather than being able to introduce …

Confrontation, The Legacy Of Crawford, And Important Unanswered Questions, Paul F. Rothstein, Ronald J. Coleman

University of Michigan Journal of Law Reform

The right to confront has a long history. In the United States, the Confrontation Clause provides: “In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him[.]” One of the most troublesome areas of Confrontation Clause jurisprudence has been the Clause’s application to “hearsay statements offered against a criminal defendant pursuant to a hearsay exception or exemption[.]” The Supreme Court’s confrontation analysis in this situation once hinged on the statement’s reliability, with the traditional hearsay rule and its exceptions and exemptions as a guide. But in Crawford v. Washington, the Court considered …

Crawford And The Common Law Criminal Trial, Robert K. Kry

University of Michigan Journal of Law Reform

Three weeks after the Supreme Court decided Crawford v. Washington, Justice Scalia delivered the keynote address at the annual meeting of the American Society of International Law. Justice Scalia expounded on his views of when United States courts should and should not rely on foreign law. He urged that courts interpreting a treaty should look to how foreign courts construe the same instrument, on the reasonable assumption that treaty partners would want to strive for a consistent interpretation. By contrast, he took a dim view of relying on modern foreign law to interpret the U.S. Constitution, as the Court …

Crawford And Criminal Justice, William Ortman

University of Michigan Journal of Law Reform

This essay reflects on whether Crawford v. Washington, now in its third decade of life, matters to criminal justice. For all the talk of Crawford as “revolutionary,” that is, has it made any real difference to the world of crime and punishment? I’ve confronted the question before. In a 2021 essay, I argued that Crawford probably has modest real-world effects. Crawford articulated a right that criminal defendants can exercise only at trial. In an adjudicatory system bereft of trials, trial rights don’t count for much. They impact plea outcomes only when they confer bargaining power sufficient to offset prosecutors’ …

Constructing Confrontation: Between Constitutional And Evidence Theory, Michael S. Pardo

University of Michigan Journal of Law Reform

The United States Supreme Court’s decision in Crawford v. Washington was significant as a matter of both constitutional and evidence law. From a constitutional perspective, the opinion was significant because of its “original public meaning” approach to interpreting the text of the Sixth Amendment’s Confrontation Clause. From an evidentiary perspective, the opinion was significant in recognizing a doctrinal rule that potentially excludes evidence in criminal trials that would otherwise be admissible under the Federal Rules of Evidence as well as State evidence laws. This Essay explores Crawford and the subsequent Confrontation Clause cases from these distinct perspectives—illuminated by constitutional and …

Intentional Parenthood, Contingent Fetal Personhood, And The Right To Reproductive Self-Determination, Laura Hermer

University of Michigan Journal of Law Reform

This Article argues that intent should govern legal parenthood, regardless of the method of conception, the person’s biological or genetic relationship to the resulting embryo/fetus, or the person’s gender. This proposition is not new. This Article adds to scholarly discourse by extending the concept: Intent should not just determine parenthood, but also fetal rights. When a pregnant person establishes their procreational intent (or lack thereof) prior to birth, then both the existence (or lack thereof) of legal protections for the embryo/fetus and the gestator’s rights and duties (or lack thereof) should flow from this intent. Non-gestating gamete contributors would do …

Don’T Forget To Like, Follow, And Regulate: An Argument For The Expansion Of Protections For Child Social Media Influencers, Caroline Waldo

University of Michigan Journal of Law Reform

Child social media influencers, colloquially known as “kidfluencers,” have skyrocketed to fame alongside the growth of social media. However, traditional child labor laws do not consider online influencing “work” or these kids to be “child performers.” Thus, these children do not receive any form of legal protection for their presence online, leaving them open to exploitation and severe harms. This Note explores the lack of protection provided to kidfluencers, ultimately proposing a new federal labor law to expand child actor protections to kidfluencers. Part I of this Note provides a brief history of the landscape by reviewing landmark Supreme Court …

Why Medical Error Is Killing You (And Everyone Else), Phoebe Jean-Pierre

University of Michigan Journal of Law Reform

In 2000, the infamous report To Err is Human rocked society with its focus on the pervasive danger of medical error. More than two decades later, medical error rates remain high and pose a consistent danger to patients. Today, medical error ranks as the fourth leading cause of death behind heart disease, cancer, and COVID-19. Medical error reflects the vulnerabilities of the healthcare process and may be diagnostic in nature. A large concern in responding to medical error is an overemphasis on blame and the idea that good physicians do not make mistakes. Our perspective on how to address medical …

What's The Beef With Tax Credits? Feeding California’S Animal Production Industry, Stephanie Don

UC Law Business Journal

California’s animal production industry is a powerhouse in the United States food supply chain. In 2021, California generated $12.8 billion in gross cash income from animal production alone, ranking California’s animal production industry as #7 among the states. However, most small farms reported net losses. This paper identifies two financial issues plaguing California’s small farms in the animal production industry: monopolization, and the cost of complying with California’s heightened standard for ethical animal production.

First, the monopolization of small farms is a nationwide issue. In 2022, only four companies controlled 85% of meat packing in the United States. Large companies …

Collaborative Creac Drafting: Co-Creating An Example In Context, Julie Zink

School of Law Faculty Publications

The quickest way to a student’s mind is through engagement. As legal writing professors, we can assign pages on how to organize an analysis, provide helpful examples, and orally describe the process. However, some students need a more hands-on approach. In this article, I explain my process of actively engaging students to draft their first CREAC together. By collaboratively working together to assemble this ungraded CREAC over a series of classes, the students develop an understanding of how to properly organize their analysis of a discrete issue based on the assigned facts and law. For each part of the CREAC …

The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp

Journal of Law, Technology, & the Internet

When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.

The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …

State Politics And Stress Amongst Lgbtq+ Students At Florida’S Private Colleges: A Psychological And Normative Analysis, Alise Fortune

Honors Program Theses

The recent wave of anti-LGBTQ+ politics and policies in Florida pose potential risks to the mental health and well-being of Florida’s LGBTQ+ students. The present study surveyed LGBTQ+ students attending private colleges in Florida to measure their self-reported stress levels in comparison to non-LGBTQ+ students, the level at which they believed specific sources of stress contributed to their stress levels, their level of distress upon experiencing discrimination, their sense of sexual identity distress, and their awareness of and involvement in advocacy against Florida’s anti-LGBTQ+ bills. Survey results suggested that anti-LGBTQ+ politics in Florida and the personal lives (social and family …

You Got That From Where?: Unpacking Art Imperialism In Western Museums Through The Seated Scribe And The Bust Of Nefertiti, Emmy Shouse

Honors Program Theses

This thesis examines how major Western museums perpetuate colonial narratives in their displays of cultural property through analyses of the displays of two ancient Egyptian antiquities–the Seated Scribe and the Bust of Nefertiti. Despite stated goals of decolonization, institutions like the Louvre and Neues Museum prioritize object presentations glorifying Western imperial excavations and acquisitions over providing historical and cultural context about the objects' Egyptian origins. Sparked by site visits to Egyptian museums and subsequent visits to Berlin’s Neues Museum and the Louvre in Paris, this thesis contrasts disappointing imperialist displays of Egyptian antiquities in European institutions to each object’s full …

Front Matter

City University of New York Law Review

No abstract provided.

Editors' Note

City University of New York Law Review

No abstract provided.