Law Commons^™

Rethinking The Presumption Of Enablement In Nonpatent Prior Art, Gabrielle Carlini

Duke Law Journal

The rising popularity of tools such as preprint servers, open-access data sources, and generative artificial intelligence has resulted in a proliferation of prior art that has never been seen before under the current patent system. In a rapidly changing world, patent law is slow to catch up, and the current system is not equipped to handle the flood of incoming prior art. In the academic research setting in particular, while the use of preprint servers and open-source data has allowed researchers to participate in widespread information exchange, these tools have also generated a new, large class of prior art dedicated …

Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune

Other Publications

I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”

Hybrid-Status Immigrant Workers, Jacob Hamburger

Duke Law Journal

Precarious work arrangements have become a dominant feature of twenty-first-century political economy. One employer strategy that has contributed to eroding workers’ rights and protections is misclassifying employees as independent contractors, avoiding the obligations that come with employee status. Recently, policymakers in some states and at the federal level have sought to combat this trend by expanding the definition of employment, notably by adopting the three-prong standard known as the ABC test. The misclassification problem has received much attention in both legal scholarship and public discourse, but these discussions have not sufficiently addressed how these reforms affect a particularly vulnerable subset …

Structural Inequality And The New Markets Tax Credit, Michelle D. Layser, Andrew J. Greenlee

Duke Law Journal

The New Markets Tax Credit (“NMTC”) is a federal tax incentive used to promote investment in low-income neighborhoods. Many of these neighborhoods are home to historically marginalized communities. However, very few minority-led institutions participate in the NMTC program. This Article provides the first theoretical and empirical exploration of the underrepresentation of minority-led institutions in the NMTC program. Based on original interviews with representatives of Community Development Entities (“CDEs”), investors, borrowers, and consultants who participate in the NMTC program, this Article describes the “NMTC ecosystem,” a complex, relationship-driven network of NMTC program participants who influence decision-making and create opportunities for success …

Journal Staff

Duke Law Journal

No abstract provided.

Education From Condemnations: Learning From State And Federal Reforms For A More Efficient And Just Eminent Domain, Lydia Culp

Duke Law Journal

Under current takings doctrine, governments can identify entire neighborhoods as “blighted,” condemn the private property within, and transfer it to another private owner who will use the land in a more economically advantageous way. This causes injustice by incentivizing governments and developers to target poor and vulnerable neighborhoods. And by letting governments and developers evade market forces, buy land at a bargain, and afford to take on more projects than they can manage effectively, it causes inefficiency. Economic development takings, when not abused, can help revitalize downtrodden neighborhoods, so an outright ban is not the answer. Neither is relying on …

About Selected Current Problems In The Financial Services Market, Edyta Rutkowska-Tomaszewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the volume editor

Determinants Of Young Customers’ Decisions In The Financial Services Market On The Example Of Bank Accounts, Iwona Dorota Czechowska, Weronika Kuśmierska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The group of young customers, as a subject of research, is a cognitively interesting social group. Young customers constitute an important purchasing power. The attractiveness of this segment is due to the banks’ perspective, where young customers will become wealthy adults soon, and use the services of the banking sector. The aim of this study is to present and evaluate bank accounts offered to young customers. The authors seek to answer the research question of what the offer of bank accounts dedicated to young customers looks like, whether it is adapted to the needs of this customer group, and whether …

Disputes Between Payment Service Providers And Users Regarding Payment Transactions In The Light Of The Latest Polish Jurisprudence, Bartosz Wyżykowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

A natural consequence of the increasingly widespread use of modern payment methods is the increasing development of related crimes. As a result, the issue of risk and liability distribution for unauthorized payment transactions is becoming more and more significant, both from a legal and social point of view. The article reviews selected final judgments of Polish courts in cases where payment transactions were the subject of dispute.

Insurable Interest Of Parties To A Leasing Contract Towards A Subject Of The Contract, Stefania Yerka

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article has as its focus the issue of the existence of an ‘insurable’ interest with regard to the subject of a lease contract. In generally accepted market practice, it is common to use an insurance contract on someone else’s account structure, for the purpose of insuring the subject of a lease contract. Given the specific character and complexity of mutual rights and obligations of parties to a lease contract, doubts arise as to whether the aforementioned structure is appropriate in every case. In order to critically examine the problem, the analysis covers, in the first place, the legal nature …

Fintech Lending In India: Taking Stock Of Implications For Privacy And Autonomy, Vidushi Marda, Amber Sinha

Indian Journal of Law and Technology

In the last five years, the Fintech sector has thrived in India, with Machine Learning (ML) driven credit scoring based on alternative data, emerging as a growing segment. The credit scoring industry in India needs to be viewed in light of a careful examination of rights, inclusion, appropriate safeguards and discrimination, currently missing from the discourse and practices. In this paper, we explain how ML-based credit scoring works, and the regulatory and commercial factors that have enabled and impeded its growth in India. Through legal and technological analysis, richened by insights from qualitative interviews with entrepreneurs and practitioners, we provide …

The Present And Future Of Ai Usage In The Banking And Financial Decision-Making Processes Within The Developing Indian Economy, Dr. Shouvik Kumar Guha, Bash Savage-Mansary, Dr. Navyajyoti Samanta

Indian Journal of Law and Technology

In course of this paper, the authors have soght to examine the extent to which technology based on artificial intelligence (AI) have made inroads into the banking and financial sectors of a developing economy like India. The paper begins with providing a contextual background to the adoption of such technology in the global financial arena. It then proceeds to identify and categorise the forms of AI currently being used in the Indian financial sector and also considers the different channels of operation where such technology is in vogue. The advantages of using such technology and the future goals for integrating …

Bringing Shadow Libraries Out Of Legal Shadows: An Opportunity For The Delhi High Court, Rahul Bajaj, Anchal Bhateja

Indian Journal of Law and Technology

At the heart of the copyright bargain is the need to strike a balance between fostering creativity, by incentivizing producers of intellectual property and promoting the interests of the public at large. These two are often in tension with each other. Some cases bring this tension into sharp focus. The ongoing litigation in the Delhi high Court, on the legality of shadow libraries - Libgen and Sci Hub - is one such case. The case has seminal importance for ensuring that the right to education is duly respected and fulfilled.

In this paper, we argue that this litigation offers the …

Do Judges Understand Technology? How Attorneys And Advocates View Judicial Responsibility In Cyberstalking And Cyberharassment Cases, Kateryna Kaplun

International Journal on Responsibility

As new technologies emerge and are increasingly used to commit interpersonal cybercrimes like cyberstalking and cyberharassment, the legal system lags in assisting victims in obtaining justice in these types of experiences. This qualitative research study explores how attorney and advocate interviewees from Illinois, New Jersey, and New York view judges’ responsibility to the law in cyberstalking and cyberharassment cases. This study finds three themes: judges’ lack of understanding of technology and its harms, discretion, and law on the books versus law in action as important factors and frameworks that contribute to why judges do not consider the importance of technology …

Testimony In Support Of Sb 394/Ab 407 Advertising Without Agency Agreement Or Written Consent, Roger P. Alford

Congressional Testimony

Before the Wisconsin State Senate Committee on Government Operations

From the Conclusion:

In light of the established price fixing behavior of NAR and major real estate brokerage companies with respect to real estate commissions, it is essential to promote alternatives such as FSBO home sales that facilitate price competition. I encourage this Committee to weigh the arguments of both sides and vote in favor of the position that actually protects Wisconsin consumers. I encourage you to vote in favor of SB 394.

Shields Up For Software, Derek E. Bambauer, Melanie J. Teplinsky

UF Law Faculty Publications

This Article contends that the National Cybersecurity Strategy's software liability regime should incorporate two safe harbors. The first would shield software creators and vendors from liability for decisions related to design, implementation, and maintenance, as long as those choices follow enumerated best practices. The second—the “inverse safe harbor”—would have the opposite effect: coders and distributors who engaged in defined worst practices would automatically become liable. This Article explains the design, components, and justifications for these twin safe harbors. The software safe harbors are key parts of the overall design of the new liability regime and work in tandem with the …

Dreamland: America’S Immigration Lottery In An Age Of Restriction, David Abraham

Articles

No abstract provided.

Regulatory Managerialism And Inaction: A Case Study Of Bank Regulation And Climate Change, Hilary J. Allen

Law and Contemporary Problems

No abstract provided.

With Regard For Persons, William Boyd

Law and Contemporary Problems

No abstract provided.

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

San Juan County And Old Town, Llc, Appelles, V. Living Rivers, Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

APPEAL FROM THE JUDGMENT OF THE 7™ JUDICIAL DISTRICT COURT (SAN JUAN COUNTY) AFFIRMING THE COURT’S RULING AND ORDER GRANTING APPELLEES’ MOTION TO DISMISS ON THE BASIS OF STANDING, THE HONORABLE DON TORGERSON PRESIDING

Attorney for Appellant Living Rivers The Sloan Law Firm, PLLC Christina R. Sloan (11963) Attorney for Appellee San Juan County San Juan County Attorney's Office Jens Nielson (#8246)

Attorney for Appellee Old Town, LLC MILLER HARRISON LLC Douglas C. Shumway (#13863) Amy C. Walker (#18122

Regulatory Managerialism As Gaslighting Government, Jodi L. Short

Law and Contemporary Problems

No abstract provided.

Power And Knowledge In Policy Evaluation: From Managing Budgets To Analyzing Scenarios, Frank Pasquale

Law and Contemporary Problems

No abstract provided.

Regulation As Respect, Cristie Ford

Law and Contemporary Problems

No abstract provided.

Reclaiming Regulatory Intermediation For The Public, Daniel E. Walters

Law and Contemporary Problems

No abstract provided.

The Anti-Managerial Information Commission, Margaret B. Kwoka

Law and Contemporary Problems

No abstract provided.

A Public Technology Option, Hannah Bloch-Wehba

Law and Contemporary Problems

No abstract provided.

Introduction: Framing Regulatory Managerialism As An Object Of Study And Strategic Displacement, Julile E. Cohen, Ari Ezra Waldman

Law and Contemporary Problems

No abstract provided.

Mass Incarceration In America: Where's The Church?, Michael J. Wing

Doctoral Dissertations and Projects

Due to mass incarceration, correctional facilities in America are dealing with unprecedented levels of overcrowding, staff shortages, violence, suicide, and widespread mental illness among inmates. Budget cuts and the corresponding loss of vocational, educational, and treatment programs have exacerbated such problems. Mass incarceration and its deleterious consequences are challenging the very soul of America, and the church has largely stood by and watched this tragic situation unfold over the last fifty years. This research project has explored some of the barriers that have precluded churches from taking a more intentional, active, and impactful role in doing something about the national …

Does Federal Law Ban Mailing Abortion Drugs? A Textual Analysis Of 18 U.S.C. § 1461, Peter Allevato

Pepperdine Law Review

As the regulation of abortion availability returned to the States, many have grappled with so-called trigger laws: dormant laws that were set to take effect to restrict or ensure access to abortion should constitutional protection be revoked. While the federal government has no true trigger law, it does have long-unenforced laws prohibiting the mailing of “[e]very article or thing designed, adapted, or intended for producing abortion.” 18 U.S.C. § 1461 is an old law, and it has not been enforced for at least fifty years. But the law’s potential effect on the growing practice of mail-distribution of chemical abortion pills …