Law Commons^™

Kei Briefing Note 2024:8 The Basic Proposal For The Design Law Treaty (Dlt) And Its Inappropriate Restrictions On Transparency, James Love

Joint PIJIP/TLS Research Paper Series

The World Intellectual Property Organization (WIPO) is holding a diplomatic conference from November 11 to 22, 2024 in Riyadh, Saudi Arabia, to conclude and adopt a Design Law Treaty (DLT). The negotiators will be working from the documents dated May 10, 2024: a thirty-one page “Basic Proposal For The Design Law Treaty” (DLT/DC/3), and a sixteen page “Basic Proposal For The Regulations Under The Design Law Treaty” (DLT/DC/4), both documents submitted by the Director General of WIPO, as well as a nineteen page, “Notes On The Basic Proposal For The Design Law Treaty” (DTL/DC/5), prepared by the WIPO Secretariat.

While …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Fortney

Law and Contemporary Problems

No abstract provided.

Capital Stack Ut Llc, Appellee V. Gowtham Reddy; Genesis Capital Investments, Llc; Jga Development, Llc; Genesis Opportunity Zone Fund; Shiva Holdings, Llc; And Project 557 First St Development, Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County Honorable Patrick Corum

Kennedy D. Nate, Austin C. Nate, Counsel for Appellants

Anna Rubin, Erik A. Christiansen, Alex N. Vandiver, Counsel for Appellee

How The Politics Of Federal Judicial Selection Affect Judicial Diversity And What This Means For Public Confidence In Courts, Matthew E. Baker, Christina L. Boyd, Jennifer Hickey, Adam G. Rutkowski

Law and Contemporary Problems

No abstract provided.

Cardozo’S Ijc Files Immigration Bond National Class Action Lawsuit, Kathryn O. Greenberg Immigration Justice Clinic

Cardozo News 2024

In October, the Kathryn O. Greenberg Immigration Justice Clinic (IJC) filed a lawsuit against Immigration and Customs Enforcement (ICE), alleging that the agency illegally kept more than $300 million in bond payments from tens of thousands of low-income immigrant families and U.S. citizens.

Foreword, Bruce A. Green, Leslie C. Levin

Law and Contemporary Problems

No abstract provided.

Judges And The Regulatory State: Trends Of Resistance And Restraint, Luke P. Norris

Law and Contemporary Problems

No abstract provided.

The Psychology Of Persuasive Precedent, Jeffrey J. Rachlinski, Andrew J. Wistrich

Law and Contemporary Problems

No abstract provided.

Supreme Impropriety? Assessing The Justices' Conduct, Veronica Root Martinez

Law and Contemporary Problems

No abstract provided.

Journal Staff

Law and Contemporary Problems

No abstract provided.

The Gloria And Stanley Plesent Lecture: The Architecture Of Desire: How The Law Shapes Interracial Intimacy And Perpetuates Inequality With Professor Solangel Maldonado, Gertrud Mainzer Program In Family Law, Policy And Bioethics, Benjamin N. Cardozo School Of Law

2024 Event Invitations

Professor Maldonado is Eleanor Bontecou Professor of Law at Seton Hall Law School. She writes and teaches in the areas of family law, gender, race and their intersections. She is an Associate Reporter for the American Law Institute’s Restatement of the Law, Children and the Law, and author of The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (NYU Press, 2024). She is the co-editor of two casebooks—Family Law: Cases and Materials (Foundation Press, 7th ed. 2019) and Family Law in the World Community (Carolina Academic Press, 3rd ed. 2015). She serves on the editorial board …

Environmental Law And Economic Law Review: Is Green Economy And Environmental, Social, And Governance (Esg) Green Economy Or Greenwashing?, Birkah Latif, Mohammad Qadam Shah, Aidir Amin Daud, Marthen Napang, Padma D. Liman, Indah Camelia, La Ode M. Syarif, Andi Tenri Famauri Rifai, Aldi Yusa Ali, Adelin Yohana Gloria

Indonesian Journal of International Law

In implementing the SDGs according to the principle of green economy, countries are competing to apply the ESG concept which aims to identify all non-financial risks and opportunities related to the company's routine, especially those related to Environment (E), Social (S), and Governance (G), to achieve sustainability development in business through corporate actions. Such well-founded implementation within a company will generate a positive impact and increase the appeal for investors amid today's fierce business competition. The ESG is expected to be the key in promoting economic improvement without sacrificing environmental aspects.

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

An Evaluation Of Public Perceptions Regarding Strain And Workplace Violence, Benjamin Newman

Doctoral Dissertations and Projects

Verbal abuse, physical injury, and property damage have become pervasive in employment sectors. The Occupational Safety and Health Administration (OSHA) declared workplace violence as a national health and safety issue. Statistics indicated workplace violence as the third-leading cause of fatal occupational injury in the United States. While previous research has focused on case studies, policies, and awareness, limited data has been published regarding public attitudes related to workplace violence. The purpose of this phenomenological study was to understand public attitudes related to strain and its involvement in workplace violence. Participants between the ages of 18 and 65, who are currently …

The Impact Of Adverse Childhood Experiences On Later Desistance Among Serious Juvenile Offenders From A Broken Family Composition, Olivia Franklin

Master's Theses

The current study aimed to contribute to the overall knowledge of desistance patterns among juveniles by exploring them among serious juvenile offenders who come from a broken home. Utilizing the Pathways to Desistance (PTD) dataset, this study used logistic regression to examine the impact of family composition on later desistance while controlling for various adverse childhood experiences (ACEs) one might experience. Two research questions guide this study: (1) Does family composition (i.e., “broken homes”) impact later desistance among serious adolescent offenders, while controlling for important criminological predictors (i.e., self-control and antisocial peer influence)? (2) Is the quality of one’s home …

State Of Utah, Plaintiff/ Appellee V. Justin Simnitt, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Fifth Judicial District Court, Iron County Hon. Ann Marie McIff Allen

Shane A. Klenk, Attorney for Appellee State of Utah

Scott A. Hagen, Attorney for Appellant Justin Simnitt

The Role Of Judicial Diligence In Developing Administrative Law In The United Arab Emirates, Amal Saeed Al Nakhebi

Thesis/ Dissertation Defenses

The general rule is that the judge is obligated to adjudicate any dispute brought before him, so he must search for a solution within the folds of legislative texts, and then other sources of the legal rule, and the texts may not help the judge while looking at the cases before him, but he cannot refrain from ruling on the pretext of the absence of a text that can be applied to the case brought before him, so it was necessary for the judge to strive to search for an appropriate solution, otherwise he would be denying justice.
Since administrative …

Law School News: Rwu Receives $750,000 Gift From Hassenfeld Family Foundation To Strengthen Law School's Regional Impact And Reputation 11-13-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Blockchain & Beyond: The Implications Of Crypto Enforcement & Policy Changes, Cardozo Crypto Law Society, Greg Cipolaro, Lindsay Lin, Sarah Milby, Jane Perov, Danielle Kantor

2024–2025 Flyers

A panel exploring how policy changes and regulatory enforcement are shaping the future of the crypto industry.

Feasibility Of Technical Solutions For The Detection Of Falsified Images In Research, Phill Jones, Hylke Koers

Copyright, Fair Use, Scholarly Communication, etc.

In this report, we discuss the findings of an investigation into the feasibility of developing a research image integrity system. The focus was primarily on immunohistochemistry blots and microscopy images, although the findings are relevant to other types of research images such as gel blots and spectroscopy, geophysical, or astronomical images, as well as to any digital data type. The investigation comprised a mix of desk research and semi-structured (anonymized) interviews with nine stakeholders representing publishers, researchers, technologists, and microscopy companies.

We found that it would be possible to implement a system to assert image integrity and that the technology …

Dispute Resolution Mechanisms Of Public-Private Partnership (Ppps) In Uae And Comparative Law, Aicha Boujaber

Thesis/ Dissertation Defenses

Public-private partnerships (PPP) serve as a mechanism for enabling public entities to execute their assigned developmental tasks, aiming to serve the public interest. Thus, they become a crucial tool for achieving the economic and social objectives of the United Arab Emirates. The complex and multi-dimensional nature of these contracts increases the likelihood of disputes arising at various stages of project implementation.
This thesis compares the legal frameworks governing administrative public-private partnership (PPP) dispute resolution across the jurisdictions under review, assessing their effectiveness in preventing or resolving these conflicts. It further seeks to evaluate the success of legislators in balancing the …

Gatekeeper Competition Policy, Herbert Hovenkamp

Michigan Technology Law Review

Antitrust policy in the United States has always had special rules for dominant firms. As Justice Scalia once observed:

Where a defendant maintains substantial market power, his activities are examined through a special lens: Behavior that might otherwise not be of concern to the antitrust laws—or that might even be viewed as procompetitive—can take on exclusionary connotations when practiced by a monopolist.

Frand Arbitration Will Destroy Frand, Barbara Lauriat

Michigan Technology Law Review

Standard essential patent-licensing disputes have been raising the costs of business in the telecommunications industry for over a decade. As technology and interconnectivity extend beyond mobile phones into the Internet of Things (“IoT”), the number of these disputes will only increase. While many academics, policymakers, and stakeholders support arbitration to resolve these disputes, this article warns of the potential long-term consequences of doing so on a large scale.

Standard Setting Organizations usually require the owners of patented technology included in industry standards to commit to licensing on Fair, Reasonable, and Non-discriminatory (“FRAND”) terms to avoid potential abuse of their market …

The Unfairness Of Fair Machine Learning: Leveling Down And Strict Egalitarianism By Default, Brent Mittelstadt, Sandra Wachter, Chris Russell

Michigan Technology Law Review

In recent years, fairness in machine learning (ML), artificial intelligence (AI), and algorithmic decision-making systems has emerged as a highly active area of research and development. To date, most measures and methods to mitigate bias and improve fairness in algorithmic systems have been built in isolation from policymaking and civil societal contexts and lack serious engagement with philosophical, political, legal, and economic theories of equality and distributive justice. Many current measures define “fairness” in simple terms to mean narrowing gaps in performance or outcomes between demographic groups while preserving as much of the original system’s accuracy as possible. This oversimplified …

The Implications Of Chatgpt For Legal Services And Society, Andrew Perlman

Michigan Technology Law Review

On November 30, 2022, OpenAI released a chatbot called ChatGPT.1 To demonstrate the chatbot’s sophistication and its potential implications, both for legal services and society more generally, most of this paper was generated in about an hour through prompts within ChatGPT. Only this abstract, the preface, the outline headers, the footnotes, the epilogue, and the prompts were written by a person. ChatGPT generated the rest of the text with no human editing. To be clear, the responses generated by ChatGPT were imperfect and at times problematic, and the use of an AI tool for law-related services raises a host of …

Antitrust Compliance For The Modern Age, Heyman Center On Corporate Governance, Manish Kumar, Samuel N. Weinstein, Jillian Charles, Deirde Mcevoy-Cappock, Sean Farrell, Jeffrey Martino

2024–2025 Flyers

Please join us for essential insights into the latest developments in compliance guidelines, best practices for corporate compliance programs, and effective litigation in the context of compliance issues.

State Of Utah, Plaintiff/Appellee V. Debra Kay Youren, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from convictions for one count of exploitation of a vulnerable adult and one count of theft, both second-degree felonies, in the Fourth Judicial District, Juab County, the Honorable Anthony L. Howell presiding

ANN M. TALIAFERRO Brown Bradshaw & Moffat Counsel for Appellant

WILLIAM M. HAINS (13724) Assistant Solicitor General SEAN D. REYES (7969) Utah Attorney General Counsel for Appellee

Pathways To A Diverse Legal Academy: Pipeline Programs After Sffa, Steven W. Bender

Seattle University Law Review Online

Responding to the Supreme Court’s 2023 Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA) decision invalidating race-conscious admission policies in a public and private university, I urge an emphasis on pipeline programs to ensure law school admissions pools include racially diverse applicants. I detail my school’s pipeline programs for high school, college students, and recent college graduates—both as these programs were implemented before the Court’s decision and as they changed in its wake—as examples of what law schools generally, and collectively, should be doing. Most importantly, I focus on the lawful recruitment, design, and content …

Fbi Crime Reporting: Overcoming Challenges For A Safer Future, Alan Saquella

Publications

Accurate crime reporting is essential for effective law enforcement, evidence-based policymaking, and building trust between communities and their local police departments. The FBI’s Uniform Crime Reporting (UCR) Program has served as a vital source of crime statistics for decades. However, its data collection process faces hurdles that, when addressed, could lead to even greater transparency and safety improvements. These challenges—such as inconsistent participation, voluntary reporting, and varying crime classifications—have contributed to underreporting, leading to gaps in our understanding of crime trends. The good news is that these are surmountable challenges, and focusing on improvements can foster a clearer picture of …

Brief Of Professors William Araiza, Jeffrey Lubbers, And Peter M. Shane As Amici Curiae In Support Of Defendantappellant Federal Trade Commission, Jeffrey Lubbers

Amicus Briefs & Court Filings

Amici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law. As leading administrative law scholars, amici have a strong interest in the sound development of administrative law in the federal courts, and are submitting this …