Law Commons^™

Bruen In A Changing Judiciary, Joseph Blocher

Duke Law Journal Online

No abstract provided.

Judges, Guns, And Maga, Brannon P. Denning

Duke Law Journal Online

No abstract provided.

A Peek Behind The Scenes Of Supreme Court Decision Making Concerning The Federal Ip System, Jonathan Band

Joint PIJIP/TLS Research Paper Series

In the 1970s and 80s, the Supreme Court decided three cases that continue to define the limits of the authority of the states within the federal intellectual property system: Goldstein v. California (1973); Kewanee Oil Co. v. Bicron Oil Co. (1974); and Bonito Boats v. Thunder Craft Boats, Inc. (1989). The papers of the Supreme Court Justices that decided these cases show the Court as a human institution wrestling with this complex issue. This issue has assumed new importance as state legislatures have rushed to enact laws on the use of generative artificial intelligence to replicate the voice …

Documentary History Of The Limitations And Exceptions In The Sccr, Luca Schirru, Lokesh Vyas, Haddija Jawara, Lukas Ruthes Gonçalves, Sean Flynn

Joint PIJIP/TLS Research Paper Series

The objective of this study is to systematically map all meetings of the Standing Committee on Copyright and Related Rights (SCCR) and the General Assemblies (GA) of the World Intellectual Property Organization (WIPO) to extract, compile, and organize all relevant statements made by Member States regarding the Limitations and Exceptions (L&Es).

The analysis was based on publicly available data from the WIPO website, particularly the official pages dedicated to each SCCR and GA meeting. Our primary focus was on statements recorded in the official "Report" document of each session. When available, we also examined supplementary documents, such as the "Summary …

Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson

Legal Writing Competition Winners

Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.

Justice Delayed By Design: The Harms Of Our Protracted Divorce System, Laurie S. Kohn

Villanova Law Review (1956 - )

No abstract provided.

Three Distinguished Judges To Hear Final Arguments In Sherman Minton Moot Court Competition, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A panel of three distinguished judges will hear final arguments in the Indiana University Maurer School of Law’s Sherman Minton Moot Court Competition on Friday, April 4.

The Hon. Diane S. Sykes, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit; the Hon. Richard L. Young, Senior Judge for the U.S. District Court for the Southern District of Indiana; and the Hon. Alison Conlon, Judge on the Circuit Court of Cook County (Ill.) will hear arguments in the DeLaney Moot Court Room beginning at 5 p.m.

The jurists will also meet with students before the event.

Fraudulent Transfer Law And Sovereign Immunity: An Actual Abuse Of Federalism?, Kyle Beck

Duke Journal of Constitutional Law & Public Policy Sidebar

After All Resort Group filed for bankruptcy, David Miller, its appointed trustee, sought to claw back tax payments the company had made on behalf of two of its principals to the IRS by arguing the payments constituted fraudulent transfers. Unlike a typical clawback action, however, the trustee brought this proceeding under Section 544(b), rather than the more common fraudulent transfer provision, Section 548, because § 544(b) permits the trustee to rely on state fraudulent transfer law—which has longer statutes of limitations than the federal fraudulent transfer provision. The Government challenged this action, arguing that recovery from the IRS was barred …

State Of Utah V. Bridgewaters : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

An appeal from a judgment of conviction of manslaughter, a second-degree felony; and tampering with a witness, a third-degree felony in the Third Judicial District Court, Salt Lake County, State of Utah, the Honorable Hogan, presiding. Appellant is incarcerated

LINDSEY WHEELER (14519) Assistant Solicitor General DEREK BROWN (10476) Utah Attorney General Attorney for Appellee

ROBERT T. DENNY (13687) Salt Lake Legal Defender Assoc. Attorney for Appellant

The Myth Of Second-Class Free Exercise, Frederick Mark Gedicks

Villanova Law Review (1956 - )

No abstract provided.

The Failed Experiment Of Section 230 Of The Communications Decency Act: How It Facilitates Exploitation And How It Must Be Reformed, Mary Graw Leary

Villanova Law Review (1956 - )

No abstract provided.

Drivers Of Effective Laws For Automated Vehicles, William Hubbard

Villanova Law Review (1956 - )

No abstract provided.

Eligibility For Vocational Rehabilitation Under The Maine Workers' Compensation Act: Troubling New Standards, Robert T. Duddy

Maine Law Review

In 1961, section 52 of the Maine Workers' Compensation Act was amended to include a new provision which states that a worker who suffers an industrial injury is entitled to vocational rehabilitation. Under section 52, vocational rehabilitation may be awarded if such services are "necessary and desirable" to restore the injured worker to gainful employment and "reasonable and proper" in scope. The language of section 52 pertaining to vocational rehabilitation has remained essentially unchanged since 1961, despite major developments in the functional, economic, and administrative theories underlying vocational rehabilitation. Narrowly construing section 52, the court in Lancaster v. Cooper Industries …

Time-Share Condominiums: Property's Fourth Dimension, David R. Dubord

Maine Law Review

Time-shared ownership of condominiums is a concept which, though virtually unheard of in this country ten years ago, has now gained a foothold in America's real estate market. Essentially, time-sharing involves the division of ownership of a condominium into a number of fixed time periods during which each purchaser has the exclusive right of use and occupation. While condominium ownership itself is an ancient and well-established method of joint property ownership, what is novel about time-sharing is the division of joint ownership rights into binding periods of exclusive use and possession. The methods of creating time-shared interests are varied and …

The Constitutionality Of Maine's Real Estate Mortgage Foreclosure Statutes, Kathleen Barry

Maine Law Review

In Maine, Fuentes v. Shevin caused understandable concern about the constitutionality of the state statutes governing real property mortgage foreclosures. Of the foreclosure procedures existing in 1972, only one provided for impartial determination by a court of the mortgagor's breach of condition. In response to Fuentes, the Maine Legislature in 1975 enacted a straightforward provision for foreclosure by civil action. Although the constitutionality of Maine's pre-1975 foreclosure statutes under the fourteenth amendment has not been litigated, lenders in Maine's largest city have recently abandoned all methods of foreclosure except foreclosure by civil action. Lenders, debtors, and legislators in Maine would …

The Tort Triangle: Contribution From Defendants Whom Plaintiffs Cannot Sue, Michael T. Hertz

Maine Law Review

The rights of contribution and indemnity between tortfeasors often conflict with other rules foreclosing or limiting one tortfeasor's liability to the plaintiff. Take a simple case involving interspousal immunity. The plaintiff, spouse of one tortfeasor (the "protected tortfeasor"), is injured in a collision between an automobile driven by the spouse and another driven by the second tortfeasor (the "claiming tortfeasor"). The plaintiff brings an action against the claiming tortfeasor, who then claims over against the protected spouse. Many courts hold that because the claiming and protected tortfeasors owe no "common liability" to the plaintiff, contribution will not lie. In some …

Bakke, Lochner, And Law School: The Nobility Clause Versus A Republican Form Of Medicine, James E. Lobsenz

Maine Law Review

Alan Bakke, an unsuccessful medical school applicant, filed suit challenging the constitutionality of the minority admissions program administered by the Medical School of the University of California at Davis. The practice of reserving sixteen special places for minority students out of a total of 100 positions in the entering class, Bakke contended, constituted a denial of the equal protection of the laws guaranteed by the fourteenth amendment to the United States Constitution. Bakke's suit afforded the justices of both the California Supreme Court and the United States Supreme Court a unique opportunity to examine the substantive nature of the "equality" …

The Misuse Of Land Use Control Powers Must End: Suggestions For Legislative And Judicial Responses, Orlando E. Delogu

Maine Law Review

Municipal governments in almost all parts of the country are frequently inclined to exercise their police, spending, and policymaking powers in an impermissibly exclusionary manner. Their objective in many instances is simply to keep population growth and local property taxes down. In Maine these tendencies are very much in evidence. This misuse of local governmental powers is almost totally predicated on a misconception of the status of local governments and the purposes for which they exist. Local governments are not sovereign. They are not independent units of government. They are subunits of state government, creatures of the state analogous to …

Trademark Expansion As An Avenue To Protect Personal Identity Amidst The Rise Of Deepfake Technology, Abigail Sawyer

Journal of Intellectual Property Law

Recent technological advances, often referred to as deepfakes, pose a new legal conundrum. How can individuals protect their identities online? A deepfake is a manufactured image, video, or audio file that appears to attribute words or acts to someone that has never acted in such a manner. Already this technology has been used to extort money and in attempts to spread false information and sway elections. As technology continues to improve, these deepfakes will only become increasingly more convincing. Traditional approaches to identity protection do not address all the various harms or the multi-jurisdictional nature of the harms that deepfakes …

Is Trade Secret Law Applicable And Practical In Sec Coaching? A Look Into Kirby Smart And Nick Saban, Dante Pellegrino

Journal of Intellectual Property Law

Trade Secret Laws are vital in the corporate world to protect and encourage corporations to innovate without fear of others profiting from their effort. Is this applicable in other areas as well? This note analyzes the applicability and practicality of Trade Secret Law in College Football coaching through the lens of Kirby Smart, Head Coach at the University of Georgia, and Former University of Alabama Head Coach Nick Saban’s previous professional relationship. Coach Kirby Smart worked under Coach Saban for eleven years. After this, Kirby Smart succeeded as the Head Coach at the University of Georgia. The success and organization …

The Art That Makes The Ai Artist: Ai’S Potential As A Copyright Infringer And Its Future Under A Licensing Requirement, Bailee Jetton

Journal of Intellectual Property Law

The practices and advancements in the generative AI training process have sent many authors and artists in the creative industry into a panic. In addition to demonstrating output that can rival human-made works, many AI companies rely on copying hundreds of thousands of copyrighted works to teach their AI models. This raises the question of whether AI companies are infringing or if they are permitted to use the work for training purposes under the fair use doctrine. Through current precedent within copyright law and the fair use defense, this note analyzes whether generative AI’s use of copyrighted materials will be …

A New Curveball: An Analysis Of The Current Nil Battle That Is Destabilizing The Landscape Of College Athletics, Sierra Hamilton

Journal of Intellectual Property Law

On June 21, 2023, the Supreme Court unanimously ruled that the NCAA was in violation of antitrust law and found unlawful the organization’s restrictions on education-related benefits schools could offer student-athletes. This ruling marked the official beginning of the Name, Image, and Likeness (NIL) boom throughout college athletics. Presently, the NCAA has failed to develop uniform regulations that conform to the standards set by the Supreme Court and appease the nationwide educational institutions. As a result, states have drafted various bills and laws to regulate NIL contracts throughout their jurisdiction. Foreseeably, this has created an air of uncertainty around NIL …

The Secret Service Industry: Reimagining Trade Secret Protections To Curb Exploitation In The Hospitality Industry, Caleb Graham

Journal of Intellectual Property Law

This paper observes and analyzes the current discussion around the exuberant use of non-compete clauses in the business world by placing a focus on the hospitality industry and why, in an time where we are witnessing the demonization of non-competes it might be prudent to revisit and enhance trade secret laws to make them better equipped to handle the caseload that would inevitably come should non-competes be banned by the FTC. While the near-ban or complete ban of non-competes would certainly affect other industry fields and bodies of law, the hospitality industry is one that has been particularly scrutinized as …

Bootlegging For The Better: Livestreams And The Music Industry, Delta Pennington

Journal of Intellectual Property Law

As online presence has continued to become a more important aspect of everyday, it has become a norm in American Culture to share every aspect of life, including concert attendance. While artists expressed distaste in the past for recording at concerts, there has been a shift by musicians to acceptance of recording at concerts, sometimes being an important form of cheap promotion. Artists that do continue to express distaste for concerts being shared on social media have turned to non-legal remedies to solve their problem. Although there is a remedy available to artists for the livestreaming of concerts through the …

The Fringe Musician, The 360 Deal, And A New Look At Copyright And Competition In Music, Michael L. Menna

Journal of Intellectual Property Law

This article is guided by two questions: (1) How well does the law actually protect musicians from market exploitation? (2) What new perspectives and legal strategies can better secure their bargaining power and financial wellbeing? Copyright and antitrust are not mutually exclusive in music or in any other industry, yet there are important lessons to be learned from comparing how the musician’s prominence in each doctrine does and doesn’t correlate to what its laws can really do for different members of that creator class. Stakeholders frequently cast copyright as an essential necessity for “everyone in the music industry,” but this …

Art Wants To Be Free, Brian L. Frye

Journal of Intellectual Property Law

What is fair use? In Warhol v. Goldsmith, the Supreme Court held that licensing a painting based on a photograph wasn’t a transformative fair use, because the painting competed with the photograph in the market for images of the same person. This article tells the story of Warhol v. Goldsmith, analyzes the opinion, and explains how it changed copyright doctrine. It also presents a theory of how appropriation artists can use the public domain to insulate themselves from liability for copyright infringement.

Table Of Contents, Emily E. Tracy

Journal of Intellectual Property Law

No abstract provided.

The Role Of Foreseeability In Jurisdictional Inquiry: Tyson V. Whittaker & Son, Inc., Philip M. Coffin Iii

Maine Law Review

When defining the extent of their jurisdiction over nonresident defendants, state courts must be ever mindful of the principle that "all assertions of state-court jurisdiction must be evaluated according to the standards set forth in International Shoe and its progeny. In deciding jurisdictional issues against this background of Supreme Court decisions, many courts have had considerable difficulty in ascertaining the precise extent of the amorphous and discretionary standards set forth in International Shoe and subsequent cases. In the recent decision of Tyson v. Whitaker & Son, Inc., the Maine Supreme Judicial Court was put to this task in deciding whether …

Tortious Interference With The Expectancy Of A Legacy: Harmon V. Harmon, Paul F. Driscoll

Maine Law Review

The decision of the Maine Supreme Judicial Court in Harmon v. Harmon established that a plaintiff has a remedy in damages for tortious interference with the expectancy of a legacy which may be sought prior to the testator's death. The purpose of this Note is to examine the Harmon court's reasoning, the utility of the remedy announced in Harmon in light of pre-existing plaintiffs' remedies, and the potential consequences of that decision. The development of these themes will require an examination of the decisional law background of the Harmon decision and an analysis of the legal status of testamentary expectancies.

The Dilemma Of Concurrent Coverage: Carriers Insurance Co. V. American Policyholders Insurance Co., Joanne F. Cole

Maine Law Review

Insurance draftsmen responding to consumers' demands for comprehensive automobile liability protection have attempted to create precise, extensive coverage for the insured while at the same time limiting the insurer's liability if possible. One consequence of this effort is that when two or more policies cover the same risk and person and concurrent coverage results, the insurers may attempt to reduce their liability on the grounds that other insurance is available. Insurers achieve this contingent coverage through the device of "other insurance" clauses—a judicially approved means of reducing or avoiding liability if other valid and collectible insurance exists. These clauses originated …