Law Commons^™

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Clark Memorandum: Spring 2024, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Facing Fear with Faith
• The Great Law(s) of Peace
• Grace in the Law School

Crj 6900 Policing, Oscar J. Montesdeoca

Open Educational Resources

No abstract provided.

Glenn Howard Griffin, Petitioner/ Appellant V. State Of Utah, Respondent/ Appellee : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from an order granting Summary Judgment for the State dismissing Glenn Griffin’s petition under the Post-Conviction Relief Act entered in the First District Court, the Honorable Judge Spencer Walsh presiding. Case No. 170100200.

DAVID FERGUSON, Counsel for Appellant

Sean Reyes, Attorney for the Appellee

Tamara Lee Powell, Appellant V. Dean Deloy Powell, Appellee : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from a Judgment of the Third Judicial District Court Salt Lake County, Honorable Mark Kouris

Dennis R. James, Attorney for Appellant

David Corbett, Attorney for Appellee

Ndls Communicator: Week Of 05.20.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School alumnae Kari Lorentson ’19 J.D. and Elizabeth Totzke ’22 J.D. to clerk for U.S. Supreme Court Justice Amy Coney Barrett
• Stories of Notre Dame Law School's Class of 2024 Graduates
• Professor Jay Tidmarsh to deliver Notre Dame Law School 2024 Commencement Address
• Notre Dame Hispanic Law Students Association recognizes Justice Mary Yu with Graciela Olivárez Award and honors 3L graduates
• Celebrating excellence: Notre Dame BLSA honors community leaders, students, and alumni

Faculty Briefs

• Jay Tidmarsh's article he co-authored in 2008 for the Michigan Law Review was cited in Justice Alito's dissent in last …

Taser Use In Law Enforcement: Examining Effectiveness, Medical Consequences, And Ideal Scenarios, Benjamin Smyers

Themis: Research Journal of Justice Studies and Forensic Science

The methods police officers use to detain resisting subjects have changed over time. One addition to their methods is the Thomas A. Swift Electric Rifle (TASER), which hinders subjects using electric shock. This paper examines the effectiveness of the TASER, the potential risk of injury for suspects, and scenarios where its use is most likely to succeed. Since its adoption, the TASER has reduced the likelihood of injury to officers and suspects and is more effective against heavy-set and intoxicated individuals. Although extremely unlikely to result in death, injuries are more likely when used against mentally disturbed people and in …

Deconstructing Drugs: Addressing The Stigma, Harm Reduction, And Policy Solutions, Charlotte Theriault

Themis: Research Journal of Justice Studies and Forensic Science

Black and homeless people who struggle with substance use disorder (SUD), especially opioid use disorder (OUD), have experienced unique obstacles due to inequalities relating to their social determinants of health (SDOH). Historical context and peer-reviewed research were used to evaluate racial bias and expand upon the factors that contributed to the opioid crisis, the effects of COVID-19 on drug overdoses, and the presence of fentanyl in illicit drug supplies. Various studies combat the stigma surrounding substance use disorder (SUD) by acknowledging the disease as a chronic health condition. Research showed that the most effective way to combat these inequalities and …

Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu

Themis: Research Journal of Justice Studies and Forensic Science

This paper delves into the complex concept of human rights, examining its historical evolution and contemporary significance through the perspectives of Lynn Hunt's "Inventing Human Rights," Michelline R. Ishay's "The History of Human Rights," and Samuel Moyn's "The Last Utopia." Hunt's work explores the 18th-century Enlightenment, highlighting the political foundations of natural, equal, and universal rights. Ishay provides a comprehensive account spanning ancient civilizations to modern globalization, emphasizing the dynamic nature of human rights struggles. Moyn challenges conventional views, asserting the mid-20th century emergence of contemporary human rights amidst the Cold War and failed utopian visions. While each historian offers …

179th University Of Notre Dame Commencement, University Of Notre Dame

Commencement Programs

• SCHEDULE OF EVENTS 3
• GRADUATE SCHOOL COMMENCEMENT CEREMONY 9
• DOCTORAL DEGREES 10
• MASTER DEGREES 23
• MENDOZA COLLEGE OF BUSINESS GRADUATE BUSINESS 38
• GRADUATE ARCHITECTURE 44
• LAW SCHOOL 45
• UNIVERSITY COMMENCEMENT CEREMONY 48
• COLLEGE OF ARTS AND LETTERS 51
• COLLEGE OF SCIENCE 59
• COLLEGE OF ENGINEERING 65
• MENDOZA COLLEGE OF BUSINESS 71
• SCHOOL OF ARCHITECTURE 77
• VALEDICTORIAN CANDIDATES 78
• EMERITI FACULTY 78
• HONOR SOCIETIES 78
• AWARDS AND PRIZES 86
• TASSELS 100

Convergence And Divergence: Comparative Analysis Of Procedural Rule Changes Of The Hong Kong And Singapore International Arbitration Centers Within The Framework Of Neo-Institutional Theory, Phillip Hoang Tran

Dissertations

International commercial arbitration (ICA) plays an essential role in resolving disputes between companies engaged in complex, cross-border business transactions. It offers an efficient, neutral, and enforceable mechanism for resolving disputes across different legal and cultural backgrounds. ICA is generally conducted at international arbitration centers located throughout the world. According to the extant literature, there is convergence of procedural rules among these centers. Sabharwal and Zaman (2014), for example, claim increasing convergence of procedural rules among all the major arbitration centers. Similarly, Sharma (2021) proposes that this convergence helps build the international arbitration system. However, there is a near absence of …

Turning Points: An Evaluation Of Formal And Informal Interventions In The Life Of Ex-Offenders, Kapil Sharma

Themis: Research Journal of Justice Studies and Forensic Science

In life course criminology, turning points and how they relate to the desistance process have received considerable attention. Scholars have proposed that significant events in people's lives, such as employment, marriage, and parenthood, strengthen their social ties and cause them to refrain from committing crimes. This study uses data from the Record Clearance Project of San Jose State University to identify concrete, significant "turning points" in the lives of ex-offenders. Therefore, this study aimed to investigate specific "turning points" events in offenders' life courses that compelled them to stop anti-social behavior and develop a pro-social identity, as well as the …

Police Dogs: A Useful Tool Or Expensive Legal Nightmare, Madeline Hoyt

Themis: Research Journal of Justice Studies and Forensic Science

This article critically evaluates the arguments for and against the continuing use of police dogs. Arguments against the continuing usage of police dogs include the high level of variability in success rates due to different traits of the dogs, differing training styles, and the various types of drugs that the dogs are trained to detect. Arguments against the continuance of police dogs also include the legal issues related to the use of police dogs; health implications, job-related injuries incurred by the dogs, and the expenses related to the purchasing, training, and care of the working dogs. The arguments in favor …

2024 Lsu Law Commencement Program, Lsu Law

Commencement Programs

No abstract provided.

Commencement 2024: Speech By Distinguished Professor Of The Year Jay Tidmarsh, Jay Tidmarsh

Commencement Programs

Judge James J. Clynes, Jr., Professor of Law Jay Tidmarsh, selected by Notre Dame Law School’s Class of 2024 as Distinguished Professor of the Year, delivered this speech to the class during the Law School’s Hooding Ceremony on May 18, 2024, in Purcell Pavilion.

6ppd-Q, Tires, And Salmon, Oh My: Policies And Remedies For Tribes In The Acute Mortality Of Coho Salmon In The Puget Sound Region., Meralina Morales

American Indian Law Journal

The pervasive reliance on automobiles within society exacerbates environmental degradation in low-income and communities of color, notably in Native and tribal communities. The leaching of Tread Wear Particles (TWP), including the detrimental 6PPD-quinone (“6PPD-q”), into waterways, significantly impacts aquatic ecosystems. This issue is especially impactful for endangered species, like the coho salmon, that hold profound cultural significance for indigenous tribes in the Pacific Northwest, for example, the Nez Perce Tribe believes that the fate of the salmon and people are linked.[1]

The scientific foundations of 6PPD-q's impact on salmon through bioaccumulation and biomagnification highlights its environmental justice implications. This …

Participation In Paradise?: Indigenous Participation And Environmental Decisionmaking In HawaiʻI, Lindsay Peterson

American Indian Law Journal

No abstract provided.

Digital Allotment And Vanishing Indians: Idsov And Llms, Sam Mcveety

American Indian Law Journal

No abstract provided.

How Redistricting Affects Native Representation: The Turtle Mountain Band Of Chippewa, Ryland Mahre

American Indian Law Journal

No abstract provided.

Class Of 2024 Commencement, Tamika R. Montgomery-Reeves

Graduation Addresses

Commencement took place on May 18, 2024 to recognize Juris Doctor, Master of Laws and Master in the Study of Law graduates in the University of Georgia School of Law ceremony. The School of Law will held its commencement for the Class of 2024 in the Classic Center Grand Hall. The Honorable Tamika R. Montgomery-Reeves, class of 2006, delivered the keynote address.

A longer set of biographical information related to the speaker was shared alongside other Commencement 2024 details via email, and is duplicated below:

"The Honorable Tamika R. Montgomery-Reeves was sworn in as a Judge of the United States …

Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales

Master's Theses

Mexico has historically been known as an emigration or transit country. In this context, civil society organizations have played pivotal roles in addressing the voids in support for migrants. Among these organizations, Casa Frida Refugio LGBT stands out as a significant service provider, specifically for LGBT+ migrants. This study engages in a qualitative case study analysis of the organization Casa Frida, drawing from interviews conducted with nine LGBTQ+ migrants and refugees, personal observations, and Casa Frida’s website and social media accounts. The research seeks to answer two central questions: Firstly, what role does an LGBT+ specific service provider like Casa …

Evaluating Climate Migration Through Discourse Analysis Of International Policy Framework And “El Progreso” Community Blog, Olusola Akanni

Master's Theses

ABSTRACT

Environmental changes are driven by global warming, such as rising temperatures, melting ice, and increased natural disasters which directly affect the living conditions of huma thereby driving migration. This study highlights the inadequacies of current migration management policies as the United States is seeing a significant influx of migrants from Central America. The focus of this discourse analysis is on the role of inadequate policies and the failure of international efforts like the Paris Climate Agreement in addressing the issue of climate-induced migration effectively. Despite the goals set by such international agreements to mitigate the effects of climate change …

Human Trafficking: Foreign National Adolescent Survivors In The United States, A Call To Expand Otip Eligibility Letters, Ailleene L. Maldonado

Master's Theses

The Office of Trafficking in Persons grants child eligibility letters to foreign national minors who have been confirmed victims of trafficking. These OTIP Eligibility Letters provide recipients with public benefits to the same extent as a refugee but do not grant protection from removal or pathways towards legal permanent residence. Additionally, many OTIP recipients have unaccompanied minor status in the United States. In order to capture the experience of OTIP recipients, this research explores existing literature on trafficking trauma and migration stressors/ trauma. Additionally, this research identifies international and national legal frameworks to define trafficking and acknowledge the responsibility that …

Conflict Related Sexual Violence In Ethiopia: An Applied Approach To Prevention, Liya Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Preventing Conflict-Related Sexual Violence In Ethiopia: An Applied Approach Towards Prevention, Leah Yared

Master's Theses

The Ethiopia-Tigray civil war is one of the deadliest conflicts in recent world history and quickly drew international attention for the mass reports of sexual violence, war crimes, and ethnic cleansing by federal militants. Mass rapes and sexual violence were used along ethnic lines to devastate and displace communities in Ethiopia. Despite the signing of the peace agreement in November 2022 to cease hostilities, the sexual violence has not come to an end. The violence has consequently spread to the Afar, Amhara, and Oromia regions, neighboring Tigray. The sexual violence in Ethiopia was core to the armed conflict. Nonetheless, the …

Vrouwenwerk | Beyondtheglassceiling: Educate, Empower, Reimagine, Malou Lena Julia Desplenter

Master's Theses

In contemporary society, social media platforms have emerged as powerful tools for advocacy and activism. This thesis explores the potential of Instagram in raising awareness and fostering dialogue around workplace equity for women in Belgium. Inspired by influential women's advocacy accounts, I embarked on a journey to fill a noticeable gap in the digital landscape – the absence of Belgian-centric content addressing workplace empowerment for women. Grounded in the unique intersections of Belgian national policies, European Union directives, and global socio-economic dynamics, this capstone delves into the multifaceted challenges faced by Belgian women in the workplace.

Through critical historical analysis …

Trying Out The Electronic Case Management System In The Uae And Its Compliance With Fundamental Judicial Guarantees, Abdulla A. Alkhatib

An-Najah University Journal for Research - B (Humanities)

This study considers the Electronic Case Management System (ECMS) and the challenges it faces in achieving basic litigation guarantees, according to the legislation of the UAE, and comparing them with the practices followed by the judicial authorities. The importance of the study lies in the fact that electronic justice has replaced the traditional justice system, where all procedures from registering the case, submitting memoranda, conducting trials, issuing judgments, appealing, and implementing them are carried out through it remotely. This raised the question about the extent to which ECMS provides basic litigation guarantees, specifically the principles of equality, confrontation, defense, and …