Law Commons^™

Connecting The Dots: Sharing Hidden Histories Of Regional Inventors’ Patents, John Schlipp, Kris Kallies

Journal of the Patent and Trademark Resource Center Association

Patent and Trademark Resource Centers (PTRCs) support inventors, entrepreneurs, and researchers with patent and trademark information. Some PTRCs share regional patent history as part of their community outreach. This article focuses on PTRCs that have developed online databases and published works documenting regional patents, thereby providing hidden historical insights for historians, genealogists, and students. It spotlights the development of Georgiavation, a historic patent database developed by the PTRC at Georgia Southern University. Finally, this article offers guidance for libraries, museums, and other institutions interested in documenting their state or regional patent histories. This can result in a more inclusive narrative …

Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter

The University of New Hampshire Law Review

No abstract provided.

Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr

The University of New Hampshire Law Review

Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.

That the United States has well over fifty-one independent criminal legal systems frustrates efforts …

Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski, Stanley Kowalski

The University of New Hampshire Law Review

The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …

Nextgen Licensure & Accreditation, Nachman N. Gutowski

The University of New Hampshire Law Review

The Bar Exam is changing. The National Conference of Bar Examiners is pushing full steam ahead with a replacement for the current elements that make up the Uniform Bar Exam (UBE). This new exam, called the NextGen Bar Exam (NextGen), is scheduled to launch in Summer 2026. Current American Bar Association (ABA) accreditation standards do not consider the coming changes. A full picture of what the adjustments will look like is hazy and very much in the trial stages still. These shifts impact current law students, the legal education practices of law schools, and accreditation standards. There is a near-universal …

A Drug's Life: The Untapped Potential Of Secondary Pharmacology Studies In Drug Development, Christina Scott

The University of New Hampshire Law Review

The United States Food and Drug Administration has evolved over the past century to regulate new medicine and protect the public from harmful or ineffective drugs. Drug development and testing science have advanced rapidly alongside the FDA’s increased regulation, enabling pharmaceutical companies to assess a drug's potential adverse reactions by studying its reactivity with various proteins called "off-target receptors." Off-target proteins are often screened and reported in the Investigational New Drug Application as a percentage indicating the drug's binding strength to each protein, which suggests the strength of a particular adverse drug effect. Adverse drug effects often lead to unfavorable …

Masthead

The University of New Hampshire Law Review

No abstract provided.

New And Useful Improvements: The Role Of Institutional Culture, Leadership, Incentives, And Regulation In 30 Years Of Legal Education Since The Maccrate Report, Greg Brandes

The University of New Hampshire Law Review

New and useful improvements – in the words of the patent statute – have emerged from legal education’s pursuit of seamlessly developing contributing members of the legal profession, as the 1992 MacCrate Report advocated. These include the widespread adoption of distance learning techniques for better teaching and assessment, course pedagogy that is more inclusive for students with diverse learning needs, and a new subset of the academy schooled and interested in the science of teaching and learning. But it has not been easy.

Efforts to improve legal education have sometimes foundered and other times flourished because of varying faculty and …

Front Matter

Hofstra Law Review

No abstract provided.

How To Handle The Truth: Avoiding Improper Sentencing Argument In Courts-Martial, Cooper C. Millhouse, Stephen Paul

Hofstra Law Review

The Court of Appeals for the Armed Forces has identified a variety of sentencing arguments as improper. These arguments are improper because they encourage courts-martial to abandon disinterested impartiality or because they ask courts-martial to consider facts or opinions unrelated to the accused’s culpability. This Article catalogs and classifies the improper arguments that violate these principles for use by the JAG Corps.

Censorship And Book Bans: Two Non-Constitutional Arguments Against Queer Erasure, Eliot T. Tracz

Hofstra Law Review

The article discusses the recent attempt by a Massachusetts police officer to remove Maia Kobabe's book Gender Queer: A Memoir from a school, a move tied to broader efforts to censor LGBTQ-themed books. Topics include the history of book bans in the U.S. and their inconsistent legal treatment, the increase in book bans targeting LGBTQ individuals, and an economic analysis of book bans using a "least cost avoider" framework.

The New Legal Ethics: The 2024 Howard Lichtenstein Distinguished Professorship In Legal Ethics Lecture, W. Bradley Wendel

Hofstra Law Review

The article reflects on the inaugural Howard Lichtenstein Lecture in Legal Ethics, delivered by Tom Shaffer in 1989, and his exploration of the moral dimensions of lawyer professionalism. Topics include Shaffer's view on the moral virtues that lawyers should cultivate, such as honor, integrity, and fairness, the ideal of the "gentleman-lawyer" exemplified by characters like Atticus Finch, and the concept of complicity in the legal profession.

Drake Or Droid?: A.I.-Generated Music And The Legal Challenges In Safeguarding Artist Rights, Nicoletta Gasparis

Hofstra Law Review

The article explores the growing use of artificial intelligence (A.I.) in music production and its legal implications. Topics include the rise of generative A.I. in music, exemplified by the creation of the song "Heart on My Sleeve," the ethical and legal concerns regarding A.I.'s ability to replicate artists' voices and styles, and the challenges in safeguarding artist rights amidst this new technological landscape.

The President’S Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

Agency Use Of Indirect Benefits To Justify Regulation, Abe Eichner

Michigan Law Review

Executive agencies have long used indirect benefits—meaning benefits beyond the express purpose of a regulation—to justify their rulemakings. However, the statutes that provide agencies with regulatory authority rarely explicitly direct agencies to consider indirect benefits. Lower courts disagree over whether consideration of indirect benefits is permissible, and the Supreme Court has reserved the question for a future case. Courts and existing scholarship have largely asked whether particular statutory provisions authorize consideration of indirect benefits. This Note contends that, even without such statutory authorization, indirect benefits are presumptively permissible because they further three traditional administrative law values: rational decisionmaking, transparency, and …

Editorial Forward, Executive Board

UC Law Journal of Race and Economic Justice

No abstract provided.

Breaking Bias: A Singular Chapter Solution For Racial Equity In Consumer Bankruptcy, Jerron Wheeler

UC Law Journal of Race and Economic Justice

This article explores the aftermath of the Covid-19 pandemic, revealing a looming medical debt crisis among Black families, while examining the intersection of racial bias, attorney practices, and the existing two-chapter consumer bankruptcy system. Proposing a solution, the article advocates for the consolidation of Chapters 7 and 13 into a single chapter, citing the Consumer Bankruptcy Reform Act of 2020 (CBRA) as a potential remedy. Further, this article argues that a single chapter would simplify the bankruptcy process, reducing the influence of attorney bias and promoting uniform eligibility criteria. This approach aims to make debt relief more accessible, especially for …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Trade Law Policing On The Factory Floor: Next Generation Agreements And Their Corporate Accountability Tools, Kathleen Claussen

Articles

Trade policymakers' increased attention to sustainability has prompted the development of trade tools focused on corporate accountability within international trade agreements. As evidenced by the creation and use of the United States-Mexico-Canada Agreement's Rapid Response Labor Mechanism, this institutional shift has potent implications for labour rights and environmental protections. This article, which transcribes a lecture delivered at the Lauterpacht Centre in October 2023, scrutinises the turn toward supply-chain policing within international trade law and its institutional, legal, sociological, rhetorical and disciplinary effects.

Green Gold: The Akkoub’S Settler Ecologies, Irus Braverman

Journal Articles

The akkoub (Gundelia tournefortii) is a thistle-like plant so precious in Palestinian cuisine that it is often referred to as “green gold.” The risks, as well as the mystique, surrounding the akkoub have only intensified since the state of Israel designated this plant as protected under the Nature and Parks Protection Act. The story of the akkoub as depicted in this article illustrates the three tenets of “settler ecologies”: the regime of environmental protections enacted by the settler state that furthers its domination of the natural landscape and its dispossession of local and Indigenous communities. The first and …

Comprehensive Pluralist, Political Liberal: Rosenfeld And Rawls, Frank I. Michelman

Cardozo Law Review

A main plot in A Pluralist Theory of Constitutional Justice starts out from a supposition of political common cause between the author and his readers. Together, we are to be concerned with the upkeep and the fate of a certain high form of politics to which we're presumed attached, named by the book's first words as "liberal constitutional democracy" (LCD). The idea is that we want that form of politics to be in actual implementation going forward the best that it can be.

Minimal Justice, Bernhard Schlink

Cardozo Law Review

Stating what maximum justice demands is straightforward. Justice prevails if everyone is treated equally whenever anything is distributed or if any unequal distribution reflects a particular achievement or needs, and if compensation is always granted if something is taken. Such distribution includes according or assigning any kind of right or duty, which may take the form of opportunities, positions, services, and obligations. When it comes to what may be taken and the form that compensation assumes, the spectrum ranges from property or life and limb, taken through criminal acts and paid for by punishment for such crimes, to intentional or …

Feedback Loops: Upward Appreciation., Patrick Barry

Articles

When was the last time you tried to make your boss feel welcome? Last week? Last month? Never?

How about the last time you tried to make one of your mentors feel welcome? Your mom? Your dad? A particularly helpful pastor, rabbi, imam, or other religious leader?

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

On Academic Lawyers In The U.S. Government: Walter’S Wisdom, Harold Hongju Koh

North Carolina Law Review

No abstract provided.

Safe Storage And Self-Defense From Heller To Bruen, Joseph Blocher

North Carolina Law Review

No abstract provided.

Presidential Authority To Decline To Follow Supreme Court Opinions, Cristina Rodríguez

North Carolina Law Review

No abstract provided.

Reflections On Race, The Constitution, And Growing Up In The Segregated South, Walter Dellinger

North Carolina Law Review

No abstract provided.

Judicial Discipline Through The Prism Of Public Law Values: A Critical Analysis Of Bill C-9, An Act To Reform The Judges Act, Richard Devlin, Sheila Wildeman

Articles, Book Chapters, & Popular Press

Bill C-9 is the first legislative reform to the Judges Act in five decades. The goal of the legislation is to enhance public confidence in the administration of justice by modernizing the complaints and discipline system for federally appointed judges. In a previous essay published in Volume ?? of the Advocates’ Quarterly we offered a normative framework for assessment of a complaints and discipline system and identified seven key strengths of Bill C-9. In this sequel, we continue to apply this normative framework and argue that the legislation is marred by five significant weaknesses. We conclude that because the reforms …

الحماية القانونية للمساهم في شركة المساهمة العامة, سيف درويش المري

Dissertations

Legal Protections for A Shareholder in A Public Joint Stock Company

There is no doubt that legal protections for a shareholder in a public joint stock company have become one of the key pillars on which the UAE national economy rests as it examines shareholder protections by critically analyzing shareholders' voting and related rights, the right to information, expulsion right, dissolution of a company, derivative actions and direct actions.

This thesis critically assesses and attempts to provide a solution to the problem of minority shareholder protection, that is, the available methods by which minority shareholders can ensure their protection against …