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Mmu: 04/15/24–04/21/24, Student Bar Association

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In Support Of Industry-Conscious Disclosure Standards For Pharmaceutical And Biotechnology Patents, Mark T. Roundtree

Texas A&M Law Review

One of the fundamental requirements for a patent application is a disclosure of the invention via an accurate written description with sufficient detail to enable the recreation of the invention. The U.S. patent system has historically reviewed patent applications from various industries with a uniform set of requirements and standards. However, the biotechnology and pharmaceutical industries operate on notably extended product development timelines and face unique administrative pressures related to their products when compared with other industries. In response to these pressures, biotechnology and pharmaceutical companies have traditionally applied for patent protections through liberal use of genus claims and other …

Vol. 66, No. 13 (April 15, 2024)

Indiana Law Annotated

No abstract provided.

Rethinking Legislative Facts, Haley N. Proctor

Notre Dame Law Review

As the factual nature of legal inquiry has become increasingly apparent over the past century, courts and commentators have fallen into the habit of labeling the facts behind the law “legislative facts.” Loosely, legislative facts are general facts courts rely upon to formulate law or policy, but that definition is as contested as it is vague. Most agree that legislative facts exist in some form or another, but few agree on what that form is, on who should find them, and how. This Article seeks to account for and resolve that confusion. Theories of legislative fact focus on the role …

Intellectual Property And The Myth Of Nonrivalry, James Y. Stern

Notre Dame Law Review

The concept of rivalry is central to modern accounts of property. When one per-son’s use of a resource is incompatible with another’s, a system of rights to determine its use may be necessary. It is commonly asserted, however, that informational goods like inventions and expressive works are nonrivalrous and that intellectual property rights must therefore be subject to special limitation, if they should even exist at all. This Article examines the idea of rivalry more closely and makes a series of claims about the analysis of rivalrousness for purposes of such arguments. Within that frame-work, it argues that rivalry should …

Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber

Notre Dame Law Review

The ministerial exception is a doctrine born out of the Religion Clauses of the First Amendment that shields many religious institutions’ employment decisions from review. While the ministerial exception does not extend to all employment decisions by, or employees of, religious institutions, it does confer broad—and absolute—protection. While less controversy surrounds whether the Constitution shields religious institutions’ employment decisions to at least some extent, much more debate surrounds the exception’s scope, and perhaps most critically, which employees fall under it. In other words, who is a "minister" for purposes of the ministerial exception?

A Critical Study On The Effectiveness Of Mediation As A Means For The Settlement Of Matrimonial Disputes With Special Reference To Tamilnadu, Sathiya Ca

Theses and Dissertations

The research works evaluates the effectiveness of Mediation as a means for the settlement of matrimonial disputes in the State of Tamilnadu. The research work travels through the essential features of Mediation and acceptability of Mediation as a tool for settlement of matrimonial disputes in the State of Tamilnadu. The research work elucidates the special features of matrimonial disputes and the social and psychological factors which are interplaying such disputes. The researcher through this work attempt to unfold the underlying problems in the application of Mediation in the settlement of matrimonial disputes with specific reference to the State of Tamilnadu. …

Adr And Capital One’S Acquisition Of Discover, Yakov Schwalb

Cardozo Journal of Conflict Resolution (CJCR) Blog

On February 19th Capital One announced that it was buying Discover for $35.3 billion. If approved, this acquisition would make Capital One the United States’ sixth largest bank and its third largest credit-card issuer. However, many have voiced concerns with this deal. Senators from both sides of the aisle have called on the Federal Trade Commission (“FTC”) to block this transaction as a violation of antitrust law. Senator Hawley from Missouri said that “[i]f consummated, this merger will create a new juggernaut in the credit card market, with unprecedented powers to extort American consumers," while Senator Elizabeth Warren of Massachusetts …

Restitution Of Nazi Looted Art, Jewish Law Student Association (Jlsa), Art Law Society

2023–2024 Flyers

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Cory Jason Thomas, Defendant/ Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Judge Hyde, District Court No. 211900875

Christopher F. Allred, Benjamin Gabbert, Counsel for Appellee

Hannah Leavitt-Howell, Jessica Hyde Holzer, Counsel for Appellant

Trisha Dawn Small, Appellee/Petitioner And, Nathan Dale Small., Appellant/Respondent: Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

INTERLOCUTORY APPEAL FROM THE FIRST DISTRICT COURT. BOX ELDER COUNTY, STATE OF UTAН THE HONORABLE SPENCER WALSIH, PRESIDING

Jeremy G. Jones, Attorney for Respondent/Appellant

Michael E. Christiansen, Attorney for Petitioner/Appellee

Can You Smell A Lawsuit Cooking? Possible Risks With The Rock’S Trademarks, Cameron Brody

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Dwayne Johnson is one of the most recognizable and successful working actors on the planet. For an entire generation, he is synonymous with smash-hit franchises such as Baywatch, Tooth Fairy, and Jungle Cruise. In fact, between 2019 and 2021, he was the highest-paid actor in Hollywood and raked in $270,000,000 in 2022 alone. Further, he is a co-founder of Teremana Tequila, which holds an estimated value of $3.5 billion, putting him on track alongside George Clooney and Ryan Reynolds as success stories in the celebrity alcohol market. His most recent endeavor, however, may put him on track towards a series …

Shades Of Green: Navigating The Legality Of Environmental Marketing, David Zack

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

A majority of Americans are concerned about climate change.1 This fear seems to be a driver of consumer spending decisions. According to a study by PDI Technologies, 68% of Americans are willing to spend more on environmentally sustainable products than their competitors that are not sustainable.2 This number has steadily grown over the past two years.3 This figure is even greater for key marketing demographics. 77% of Gen Z, 72% of millennials, and 76% of parents would be willing to do so. Because of this, companies have increasingly sought to position and market themselves as green companies.

This post was …

Five Suggestions Towards User-Centered Data Repositories In The Social Sciences, Elias Herman Kruithof, Christophe Vanroelen, Laura Van Den Borre

Copyright, Fair Use, Scholarly Communication, etc.

Data repositories for the social sciences are facing some discipline-specific challenges. This essay provides an overview of the four key challenges. In addition, five suggestions are made to strengthen domain-specific online data repositories in the social sciences, supported by good practices. Using a user-centered approach, these suggestions aim to further open up the social sciences data landscape. The essay first addresses insights regarding the sharing of quantitative and qualitative data in light of the specific needs and issues regarding these two types of data. Thereafter, we suggest (i) ‘data labs’ for novice data re-users, (ii) advocate for the repository as …

Teaching "Is This Case Rightly Decided?", Steven Arrigg Koh

Faculty Scholarship

“Is this case rightly decided?” From the first week of law school, every law student must grapple with this classroom question. This Essay argues that this vital question is problematically under-specified, creating imprecision in thinking about law. This Essay thus advocates that law professors should present students with a three-part framework: whether a case is rightly decided legally, morally, or sociologically.

Additionally, this Essay argues that disaggregating the question exposes deeper deficiencies in legal education. Many law professors do not provide students with serious grounding to engage in rigorous thinking about the relationship between law, morality, and justice, not to …

Ndls Communicator: Week Of 04.15.24, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School strengthens international ties with MOUs with Panthéon-Assas and Lucerne
• Prof. Robert P. Thompson Shares Insights on Securities Law at ND Law Patricia O'Hara Distinguished Lecture in Law & Business
• Notre Dame Law School holds third annual Interfaith Dinner in observance of Passover, Easter, Ridván, and Ramadan
• On April 11 and 12, Jay Tidmarsh participated in two panels at a conference organized by the James Humphreys Complex Litigation Center at George Washington University Law School.
• Mary Ellen O'Connell was quoted in an article by Morningstar Online, "Nicaragua takes Germany to top UN court seeking …

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Northwestern University Law Review

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

Racial Targets, Atinuke O. Adediran

Northwestern University Law Review

It is common scholarly and popular wisdom that racial quotas are illegal. However, the reality is that since 2020’s racial reckoning, many of the largest companies have been touting specific, albeit voluntary, goals to hire or promote people of color, which this Article refers to as “racial targets.” The Article addresses this phenomenon and shows that companies can defend racial targets as distinct from racial quotas, which involve a rigid number or proportion of opportunities reserved exclusively for minority groups. The political implications of the legal defensibility of racial targets are significant in this moment in American history, where race …

Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang

Northwestern University Law Review

When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …

The Impossibility Of Corporate Political Ideology: Upholding Sec Climate Disclosures Against Compelled Commercial Speech Challenges, Erin Murphy

Northwestern University Law Review

To address the increasingly dire climate crisis, the SEC will require public companies to reveal their business’s environmental impact to the market through climate disclosures. Businesses and states challenged the required disclosures as compelled, politically motivated speech that risks putting First Amendment doctrine into further jeopardy. In the past five years, the U.S. Supreme Court has demonstrated an increased propensity to hear compelled speech cases and rule in favor of litigants claiming First Amendment protection from disclosing information that they disagree with or believe to be a politically charged topic. Dissenting liberal Justices have decried these practices as “weaponizing the …

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Partisanship Creep, Katherine Shaw

Northwestern University Law Review

It was once well settled and uncontroversial—reflected in legislative enactments, Executive Branch practice, judicial doctrine, and the broader constitutional culture—that the Constitution imposed limits on government partisanship. This principle was one instantiation of a broader set of rule of law principles: that law is not merely an instrument of political power; that government resources should not be used to further partisan interests, or to damage partisan adversaries.

For at least a century, each branch of the federal government has participated in the development and articulation of this nonpartisanship principle. In the legislative realm, federal statutes beginning with the 1883 Pendleton …

Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue

Northwestern University Law Review

The Civil Rights Attorney’s Fees Awards Act of 1976 allows courts to award attorneys’ fees to the “prevailing party” in any “action or proceeding” enforcing several civil rights-related statutes. Yet, this statute fails to define the term “prevailing party,” leaving the courts to define it over time. The Supreme Court’s piecemeal, vague definitions of “prevailing party” have only complicated the legal landscape and caused more uncertainty for potential plaintiffs and their prospective attorneys. Without the relief offered by recovery of attorneys’ fees, private litigants may be dissuaded from pursuing meritorious litigation due to overwhelming costs of representation, and attorneys may …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Grayson Shade Walker

Emory International Law Review Symposia

No abstract provided.

Fear Of Love And Loving In India, Sarasu Esther Thomas

Popular Media

Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.

Rethinking Law School Admissions, Carson Kovalic

Lincoln Memorial University Law Review Archive

Taking the Law School Admissions Test ("LSAT") has been required for law school admission for almost a century. The exam has changed over the years, but a higher score on the LSAT has been a significant indicator of one’s acceptance into the vastly sought-after legal profession. This note addresses the changes needed to cater to more well-rounded law students and attorneys upon passing the bar exam. This note does not seek to eradicate the LSAT in its entirety; instead, law schools should place less emphasis on the LSAT and more on other factors such as undergraduate GPA, extracurriculars, and prior …

Where There’S An Electronic Will, There’S A Way: Evaluating The Potential Power Of Electronically Executed And Stored Wills For Appalachian Communities, Grace Keel Buchanan

Lincoln Memorial University Law Review Archive

Based on the rise of electronic media and the difficulty for lower-income communities, specifically rural Appalachia, to build intergenerational wealth, some states have enacted statutes allowing courts to hold electronically created and stored wills to be held valid. By analyzing the current precedent in the United States and beyond concerning electronic wills and the socioeconomic state of Appalachia, the note argues that states should enact legislation to change the Wills Act to give electronic wills in multiple forms full effect by probate courts as long as they are appropriately attested to electronically. The court should recognize the electronic will as …

Ethical Implications Of Utilizing Generative Artificial Intelligence In The Legal Profession: A Cautionary Note On Potential Model Rules Of Professional Conduct Violations, Rachel Schworer

Lincoln Memorial University Law Review Archive

The increased use of generative artificial intelligence (“GAI”) in the legal profession raises ethical questions. As a result, this note contemplates some state-adopted Model Rules of Professional Conduct that lawyers could violate if they improperly use GAI or fail to use GAI altogether. GAI enables lawyers to increase their efficiency, enhance their decision-making, and provide cost-efficient services to clients. However, GAI also presents lawyers with biased outputs, a lack of explainability, and hallucinations, as seen in recent cases when ChatGPT cited fictitious cases to lawyers. Lawyers must know all the benefits and risks to remain competent in this technology. They …

Generations Of Abuse: Exploring The Sexual Assault Epidemic On Native Land, Carly White

Lincoln Memorial University Law Review Archive

The United States government has a long history of extending its reach into the affairs of Native people. Yet, it has consistently failed to protect Native women from rampant violence and abuse. Native American women have the highest rates of sexual abuse in the country. The federal government has the decision to either mend its long-standing indifference toward Indigenous women or allow them to continue to suffer under the current system. This note explores the sexual assault crisis on Indian land and seeks to bring positive change to historically marginalized women. Specifically, this note highlights the need for Congress to …