Law Commons^™

Encouraging Public Access To Pharmaceuticals Through Modified Protection Of Clinical Trial Data, Scott M. Nolan Ii

IP Theory

Part I of this Article investigates the development of pharmaceuticals and clinical trial data with a focus on patent and data protection. Part II evaluates the effects of protection and the challenges it poses to widespread public pharmaceutical access. Part III discusses two scholarly approaches to the public access issue that focus on clinical data protection and their associated challenges. In light of these scholarly works, Part IV suggests a new approach to clinical trial data protection that aims to improve public pharmaceutical access while maintaining the incentives to invent for drug developers.

Notre Dame Lawyers Connect: Summer 2023, Notre Dame Law School

Notre Dame Lawyers Connect

Save the Date: Homecoming: September 23 Weekend of the ND-Ohio State Game

ND Law holds third annual Notre Dame Religious Liberty Summit in London

New NDLA Board Members

• Tracy Warren '99 J.D.
• Qiana Lillard '98 B.A., '01 J.D.
• Paul Carvelli '86 B.A., '89 J.D.
• Ken Vorrasi '04 J.D.
• Adam Russ '02 BBA, '05 J.D.
• Giovanni Angles '11 J.D.
• Claudia Tran '17 J.D.

G. Marcus Cole reappointed as dean of Notre Dame Law School

LRAP deadline

‘Off the Court’: ND Law hosts event in New York City with Muffet McGraw and Coquese Washington ’92, ’97 J.D.

Alumni Spotlights

• NDLA Board honors …

Miscellany On The Ucc And Its Primary Drafters, Virginia C. Thomas

Library Scholarly Publications

This column discusses how the UCC was shaped by monumental legal scholars Llewellyn and Mentschikoff, highlights the historical and archival resources that tell their story, and offers insight into their views on legal education.

Incombustible Ideas: Evaluating The Impact Of Federal Court Opinions Regarding Book Banning In Public-School Libraries, Noah T. Holloway

Indiana Journal of Law and Social Equality

No abstract provided.

Negotiation Theories Engage Hybrid Warfare, Nancy Welsh, Sharon Press, Andrea Kupfer Schneider

Faculty Scholarship

The concept of hybrid warfare has arisen recently to describe the efforts, short of outright war, used by nations to disrupt and destabilize each other. This Article reviews available negotiation theories, concepts and skills to determine whether they can help governmental actors and business organizations targeted by hybrid warfare respond effectively. In other words, can negotiation theories, concepts and skills be used to engage effectively in “hybrid conflict management”? The Article urges that international diplomacy and multiparty negotiation theories and skills, as well as the more recent scholarship that has developed regarding hostage negotiation and “wicked problems,” are likely to …

A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman

Faculty Scholarship

We will begin with a discussion about how the hybrid warfare context is different from other conflict contexts. We will describe some complexity aspects that make hybrid warfare challenging to negotiators. We will then discuss whether classical negotiation theory prescriptions apply to a hybrid warfare context, especially regarding interests. We will argue that these prescriptions related to classical negotiations are unlikely to work in this context. We will focus our analysis on a subset of hybrid warfare attacks, consisting of short-term, time-sensitive, high-risk crises, where negotiations are possible and necessary, such as ransom demands, rather than on hybrid warfare situations …

Confidentiality Clauses In Settlement Agreements After The Consumer Review Fairness Act, Wayne Barnes

Faculty Scholarship

Online commerce has skyrocketed in recent years, and shoppers are purchasing goods or services online in greater numbers every year. The COVID-19 pandemic has only hastened the trend. One significant aspect of online shopping is the presence of consumer reviews posted by prior purchasers of goods or services, describing their experience with the products, the services and/or the selling merchant. A vast majority of online shoppers say that they rely on these reviews to help inform their purchasing decisions. Positive reviews can be tremendously beneficial to a business’ profitability, whereas negative reviews can be equally detrimental. Users of the internet …

"Knock-Knock" ... "Who's There?": The Fourth Amendment Dilemma Posed By Warrantless Police Encounters At Home, Meg Penrose

Faculty Scholarship

In a world where police abuses of power seem more common, where are the judges-particularly the originalist judges-who strive to protect the Founder's intentions? How is it that people living in certain states seemingly have less robust Fourth Amendment protections than others? This essay seeks to answer these questions and urges the Supreme Court to reassert its constitutional commitment to the Fourth Amendment so that all of us are, in fact, secure in our homes. The Court should accept the responsibility it has to provide uniform protection to all Americans and clarify the limits on constructive entry. If the Court …

Submission To The United Nations Universal Periodic Review Of Saudi Arabia, Mwatana For Human Rights, Smith Family Human Rights Clinic

Human Rights Institute

Mwatana Organization for Human Rights (Mwatana) and the Columbia Law School Smith Family Human Rights Clinic (Clinic) jointly submit this report to inform the examination of Saudi Arabia during its Universal Periodic Review.

Carajás Corridor In Brazil: Could An Sea Have Reconciled Shared-Use Infrastructure And Environmental Protection?, Perrine Toledano, Martin Dietrich Brauch

Columbia Center on Sustainable Investment

The 998km Carajás railway corridor connects the world’s largest iron ore mine, operated by private mining company Vale S.A. (Vale) in Brazil’s northern state of Pará (PA), to the company’s maritime terminal in São Luís, the capital of the northeastern state of Maranhão (MA). Carajás is one of the few integrated railway corridors financed by a mining company that, apart from transporting the iron ore that made the infrastructure investments viable, also transports general cargo and operates passenger services along the corridor. This corridor was born from the Brazilian government’s plans in the mid1950s that foresaw the iron ore reserves …

Antitrust And Sustainability: A Landscape Analysis, Columbia Center On Sustainable Investment, Sabin Center For Climate Change Law

Columbia Center on Sustainable Investment

Competition policy and antitrust law are experiencing a global renaissance. New market realities such as digital market gatekeepers, the financialization of firms, highly concentrated markets, a rising labor movement, industrial policy, and trade wars, among others, are radically reshaping how this policy area is understood and applied.

Sustainability concerns have also been a driving force for reconstituting antitrust to meet twenty-first century challenges. It is now widely accepted that competition policy – both its aims and its enforcement – has wider societal impacts beyond competition, including effects on democracy, economic inequality, growth and innovation, racial and gender imbalances, privacy, geopolitical …

Venture Predation, Matthew T. Wansley, Samuel N. Weinstein

Articles

Predatory pricing is a strategy firms use to suppress competition. The predator prices below its own costs to force its rivals out of the market. After they exit, the predator raises its prices to supracompetitive levels and recoups the cost of predation. The Supreme Court has described predatory pricing as “rarely tried” and “rarely successful” and has established a liability standard that is nearly impossible for plaintiffs to satisfy. We argue that one kind of company thinks predatory pricing is worth trying and at least potentially successful—venturebacked startups.

A venture predator is a startup that uses venture finance to price …

Google, I Mean Big Brother, Is Always Listening, Justin Silverberg

UC Law Business Journal

Between the Google Assistant and Amazon Alexa, nearly 1 billion people around the world use personal assistant devices daily. These devices are able to store information from our private conversations in order to make the devices more user friendly by targeting advertisements that relate to our interests. But what happens if our private conversations are stored for more than the above-mentioned purposes? This paper will examine a series of hypotheticals which involve devices, such as the Google Assistant, specifically relating to the devices’ audio recording capabilities. Not only will this paper point out the gaps in our current insider trading …

Breaking Up Mergers After The Fact: Opportunities And Problems, Stanley M. Besen, Philip L. Verveer

UC Law Business Journal

Antitrust authorities in both the United States and Europe have recently shown an increased interest in reviewing past mergers with the objective of possibly requiring mergers to be undone if they turned out to be anticompetitive. In this Article, we reach five main conclusions. First, analyzing the effects of past mergers is unlikely to be straightforward because it will be difficult to disentangle the competitive effects of a merger from other factors in the markets served by the merged firms. Second, even divestitures that were required before mergers had been consummated were complicated to bring about and there is evidence …

You Gotta Serve Somebody - Shareholders Vs Stakeholders And The Corporate Enterprise View Of Corporate Governance, Neil Taylor

UC Law Business Journal

No abstract provided.

(Private) Market Mania: Assessing The Impact Of Private Market Booms On Venture Capital-Backed Startup Governance, Mitchell Carlson

UC Law Business Journal

No abstract provided.

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Caesar’S Gambit: Coherence, Justification Of Legal Rules, And The Duty Test: Towards An Interactional Theory Of Government Liability For Negligence In Disaster Management, Irehobhude O. Iyioha

Dalhousie Law Journal

This article examines barriers posed by the duty of care test for government liability for negligence in disaster management. It argues that various aspects of the test raise concerns about coherence, legitimacy of judicial decision-making, and ultimately how we justify liability in tort law. In examining the coherence of the duty test through multiple prisms, including through theoretical justifications for tort principles, this article contends that the duty test, in its framing and interpretations, fails to meet the formal and substantive demands of coherence, correctness and legitimacy. Arguing that justificatory theories offer necessary theoretical lenses through which to understand, critique, …

Introduction, Kim Brooks, Jamie Irvine

Dalhousie Law Journal

The dream for the Dalhousie Law Journal, included in the Foreword of the Journal’s first issue in 1973, was typically Dalhousie-modest: to have a “long and reasonably useful career.”1 As we celebrate our 50th anniversary, it’s clear that we have delivered on duration and over-delivered on purpose.

A Legal History Of The Regulation Of Assault-Style Rifles In Canada, R. Blake Brown

Dalhousie Law Journal

This article provides the first legal history of the regulation of “assault-style” weapons in Canada. A contentious part of Canada’s gun control regime is the firearms classification system that divides guns into non-restricted, restricted, and prohibited firearms. The sale of semi-automatic firearms, often based on military designs that could be quickly fired and reloaded, sparked concerns since the 1970s, particularly after mass shooting events. Canada adopted a classification regime relying on both statutory provisions that used technical details of firearms and Orders-in-Council to name models of firearms as restricted or prohibited weapons. Critics warned that this system allowed private citizens …

Entangling Liberty And Equality: Critical Disability Studies, Law And Resisting Psychiatric Detention, Tess Sheldon

Dalhousie Law Journal

The Charter claims of persons with disabilities often sit precariously between sections 7 and 15. Psychiatric detention, including that pursuant to provincial mental health legislation, restricts liberty and security of the person based on the enumerated ground of disability. This project imagines opportunities to challenge state interventions that are linked to prohibited grounds of discrimination. It is inspired by Justice L’Heureux-Dubé’s “interpretive lens of equality” that understands that all Charter rights “strengthen and support each other.” The equality principle should wield significant influence on the interpretation of the protections offered by section 7. Such an approach to sections 7 and …

Beneficial Interests Under The Chattels Real Act, Gregory French

Dalhousie Law Journal

This paper examines the Chattels Real Act of Newfoundland and Labrador and the strict treatment of property interests thereunder. Historical treatment of property interests under the Act had been pragmatic and flexible, however later jurisprudence took a stricter interpretation and restricted the interpretation of beneficial interest under the Act. The author suggests that a review of first principles and jurisprudence supports a broader interpretation of property interests under the Act, which should be followed for the better administration of justice and practical expectations of the people of Newfoundland and Labrador.

Cet article examine la Chattels Real Act de Terre-Neuve-et-Labrador et …

July 2023 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.

Masthead

Washington and Lee Law Review

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Keynote Address, Sultan Meghji

Washington and Lee Law Review

Keynote address presented virtually at the Washington and Lee Law Review's 54th Annual Lara D. Gass Symposium: The Future of E-Commerce: Is It on a Blockchain? on Friday, March 17, 2023 in Lexington, Virginia.

Mitigating The Legal Challenges Associated With Blockchain Smart Contracts: The Potential Of Hybrid On-Chain/Off-Chain Contracts, Niloufer Selvadurai

Washington and Lee Law Review

Tantamount with the increasing application of blockchain technologies around the world, the use of blockchain-based smart contracts has rapidly risen. In a “smart contract,” computer protocols automatically facilitate, verify, and enforce arrangements made between parties on a blockchain. Such smart contracts offer a variety of commercial benefits, notably immutability and increased efficiency facilitated by removing the need for a trusted intermediary. However, as discussed in recent legal scholarship, it is difficult for smart contracts to uphold certain fundamental principles of contract law. Translating concepts of individual intention and responsibility into the decentralized space of blockchain is problematic. Aggregating such individual …

Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim

Washington and Lee Law Review

FTX’s recent collapse highlights the overall instability that blockchain assets and digital financial markets face. While the use of blockchain technology and crypto assets is widely prevalent, the associated market is still largely unregulated, and the future of digital asset regulation is also unclear. The lack of clarity and regulation has led to public distrust and has called for more dedicated regulation of digital assets. Among those regulatory efforts, tax policy plays an important role. This Essay introduces comprehensive regulatory frameworks for blockchain-based assets that have been introduced globally and domestically, and it shows that tax reporting is the key …

The Internet, Personal Jurisdiction, And Daos, Matthew R. Mcguire

Washington and Lee Law Review

Global connectivity is at an all-time high, and sovereign state law has not fully caught up with the technological innovations enabling that connectivity. TCP/IP—the communications protocol allowing computers on different networks to speak with each other—wasn’t adopted by ARPANET and the Defense Data Network until January 1983. That’s only forty years ago. And the World Wide Web wasn’t released to the general public until August 1991, less than thirty-five years ago. The first Bitcoin block was mined on January 3, 2009, less than fifteen years ago.

Legal doctrine doesn’t develop that fast, especially in legal systems heavily based around judicial …

Raising The Floor From The Back Door: Shareholder Proposals As A Mechanism For Raising Minimum Wage, Laura Carrier

Washington and Lee Law Review

When adjusted to reflect inflation, the federal minimum wage is almost 40 percent lower than it was in 1970. The Biden Administration tried and failed to legislatively raise the minimum wage, and political deadlock will continue to kill legislative change. The shareholder proposal, a nonbinding recommendation to management that shareholders can submit for a vote at a public corporation’s annual meeting, presents a path for improving the wages of many workers in the absence of federal legislation. This Note analyzes the best approach to crafting a shareholder proposal on minimum wage that will prompt an effective increase in the minimum …