Law Commons^™

When Patent Litigators Become Neurosurgeons, Katie Chang

Washington Law Review Online

Patent law is where the law meets the most cutting-edge and innovative technology of its time. Usually, subject matter experts, with the help of lawyers, are the ones applying for patents. But when it comes to granting and enforcing patent rights, the job falls onto lawyers and judges, who, for the most part, are likely not experts in the relevant technical field. Bridging the gap between technological expertise and legal expertise has been a pain point in patent litigation, one that Congress has tried to rectify for many years. This Comment primarily examines one of Congress’s solutions—the Patent Pilot Program—and …

We Are Never Getting Back Together: A Statutory Framework For Reconciling Artist/Label Relationships, Harrison Simons

Washington Law Review Online

Taylor Swift could tell you a thing or two about record label drama. Artists like Swift who want to break into the big leagues and top the charts must rely on record labels’ deep pockets and institutional knowledge to do so. But artists, especially young ones, are often asked to sign deals with labels that leave them with little control over their careers. For many, the risk is worth the reward. However, many others come to regret their decision, with careers that languish or sputter out in label purgatory. Anyone with an ear for the music industry knows that artist-label …

Adopting Nationality, Irina D. Manta, Cassandra Burke Robertson

Washington Law Review

Contrary to popular belief, when a child is adopted from abroad by an American citizen and brought to the United States, that child does not always become an American citizen. Many adoptees have not discovered until years later (sometimes far into adulthood) that they are not actually citizens, and some likely still do not know. To address this problem, the Child Citizenship Act of 2000 (CCA) was enacted to automate citizenship for certain international adoptees, but it does not cover everyone. Tens of thousands of adoptees still live under the assumption that they are American citizens when, in fact, they …

In The Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies And Protect Native Subsistence Rights In Alaska, Kieran O'Neil

Washington Law Review

Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies “require” consultation, agencies routinely approach consultation as a procedural checklist rather than a two-way dialogue for receiving, considering, and incorporating tribal needs and concerns. Substantive failure to consult is particularly harmful for Alaska Native communities that rely heavily on subsistence resources yet lack treaties to enforce hunting and fishing rights. The Alaska National Interest Lands Conservation Act (ANILCA) contains a “rural priority” provision that …

Cyberoperations And Sovereignty In International Law, Joel Wei Xuan Fun

Singapore Law Journal (Lexicon)

The cyberspace is sometimes seen as having no jurisdictional boundaries, given that no single state controls the entirety of the cyberspace. At the same time, given how pervasive the cyberspace has become today, many important interests of states now lie in the domain of cyberspace. This uneasy tension has led to many questions involving the intersectionality between the state’s sovereignty over its territory and the cyberspace, which is exacerbated when states use the cyberspace to conduct their myriad operations. This paper seeks to delineate permissible and impermissible cyberoperations and argues that the present international law on sovereignty is sufficiently robust …

How To Construe An Atypical Bill Of Lading: The “Luna” And Another Appeal [2021] 2 Slr 1054, Alexis Kaixin Lok

Singapore Law Journal (Lexicon)

Bills of lading have been described as the cornerstone of modern sea carriage (i.e., the transport of goods by sea). Traditionally, a bill of lading serves three functions: (1) it is a receipt by the carrier acknowledging the shipment of goods, (2) it is a memorandum of the terms of the contract of carriage, and (3) it is also a document of title to the goods shipped.

Vol. 43, No. 3, Summer 2023: Table Of Contents, Northern Illinois University Law Review

Northern Illinois University Law Review

Table of Contents and Masthead for Volume 43, Issue 3 of the Northern Illinois Law Review

On Bringing Alternative Methods To Legal Research Instruction, Tanya M. Johnson

Northern Illinois University Law Review

Legal research is typically taught in a predictable, traditional way, but this doctrinal approach does not provide the skills and techniques needed for research in support of social justice efforts. This essay discusses a legal research course that I teach called Research for Social Justice, which incorporates critical and alternative methodologies that are not usually taught in legal research classes. After describing the content of the course, I focus on explaining what alternative legal research would entail, including a discussion of some alternative methods and strategies that I teach in my course with the goal of introducing students to a …

Notes For A New Legal Research Pedagogy, Nicholas Mignanelli

Northern Illinois University Law Review

Do societal power structures shape the organization of legal information? Do they embed biases in legal research tools? If so, how can the insights of critical legal theory assist us in contending with this phenome-non? An entire body of scholarly literature using the lenses of critical legal studies, feminist legal theory, and Critical Race Theory to examine legal information and the legal research process has grown up around answering these questions. However, the theories, methods, and strategies proffered by the scholars writing in this area are rarely taught in the legal research classroom.

I begin this Essay with a discussion …

Integration & Transformation: Incorporating Critical Information And Literacy And Critical Legal Research Into Advanced Legal Research Instruction, Courtney Selby

Northern Illinois University Law Review

Today’s law students exist in an information ecosystem where access to information is plentiful. Between the open web and the proliferation of databases offering countless research resources, retrieving potentially relevant search results is relatively easy. The struggle for our students is filtering through seemingly endless search results to find the best resources for the legal problem at hand. For many of us, the summer of 2020 was a watershed moment, not because of the pandemic, but because of the brutal murder of George Floyd. Make no mistake, there was a genuine need for CIL and CLR in our legal research …

Heien V. North Carolina And The Unreasonable "Reasonable Mistake" Of Law, Eugene R. Milhizer

Hofstra Law Review

The article discusses the Supreme Court's decision in Heien v. North Carolina, which allowed police officers to make "reasonable mistakes of law" when conducting traffic stops. It argues that such mistakes should be considered objectively unreasonable and that the evidence obtained should not always be suppressed. It explores the case's facts, the Court's reasoning, and its implications.

Introduction: Freedom Of Expression At American Law Schools, Norman I. Silber

Hofstra Law Review

The article presents a compilation of papers and reflections from the Symposium on Freedom of Expression at American Law Schools.Topics include the importance of respectful and persuasive argumentation, the suppression of speech by state governments, and the role of free expression in legal education.

How Law Schools Can Fight For Fearless Speech, Mary Anne Franks

Hofstra Law Review

The article explores the current challenges to free speech in educational institutions, particularly in the context of right-wing extremism and government censorship. It argues that law schools can play a crucial role in defending and promoting fearless speech by fostering open debate, challenging power dynamics, and creating processes for inclusive decision-making.

Free Speech Rules, Free Speech Culture, And Legal Education, Eugene Volokh

Hofstra Law Review

The article explores the importance of fostering a culture of free speech and open-mindedness in law schools to effectively train future lawyers. It emphasizes the need for students to understand and engage with opposing arguments, to see the world from different perspectives, and to be willing to make arguments they may disagree with. It also discusses specific practices that can be implemented to promote thoughtful disagreement and encourage the exploration of controversial topics.

Osha's Interaction With The Ada: How It Is Limiting Anti-Discriminatory Worker Protections, Danielle L. Jacobs

Hofstra Law Review

The article discusses the interaction between OSHA (Occupational Safety and Health Administration) regulations and the ADA (Americans with Disabilities Act) in the context of worker protections. It reports on a case involving firefighters with a facial hair condition and examines the conflict between safety regulations and anti-discrimination protections. It argues for a balance between workplace safety and accommodating employees with disabilities, suggesting the need for clearer guidance.

The Next Gerneration Professional: An Opportunity To Reframe Legal Education To Center Student Wellness, Benjamin Afton Cavanaugh

Hofstra Law Review

The article discusses the challenges of mental wellness and mental health in legal education, particularly in law schools. It highlights issues like depression, anxiety, and stress among students and legal professionals. It emphasizes the need for reform in legal education to address these mental health concerns and advocates for a more comprehensive approach to promote well-being in the field.

The Corporation As A Chartered Government, David Ciepley

Hofstra Law Review

The article focuses on reevaluating the historical role of corporations, highlighting their original purpose of improving governance rather than just liability protection or property management. It explores how early scholars saw corporations as entities with legislative authority. It further argues for returning to this governmental perspective, shedding new light on corporate history and their connection to constitutional government.

Improving Outcomes For Youth Aging Out Of Foster Care By Increasing The Age And Quality Of Care, Louisa Maria Portnoy

Hofstra Law Review

The article addresses the challenges faced by youth aging out of foster care, particularly in New York. It highlights the difficulties they encounter when they are suddenly expected to live independently without proper support. It suggests restructuring existing programs to better equip these youth with life skills and external resources.

Hacking Healthcare: Ransomware As A Rising Contagion, Elizabeth Stachtiaris

Hofstra Law Review

The article explores the rising threat of ransomware attacks in healthcare, which can disrupt patient care and compromise sensitive data. It emphasizes the need to update laws like HITECH and HIPAA to establish minimum cybersecurity standards for healthcare institutions, safeguarding patient information and ensuring uninterrupted care.

The Integration Between Housing And Transportation In Contemporary City And Regional Planning: Transit-Oriented Development For The San Luis Obispo Station, Aidan Zachary Clark, Keigo Justin Yamamoto, Owen Deane Troy

City and Regional Planning

This transit-oriented development will help mitigate the housing crisis in California starting with San Luis Obispo at the local level by developing housing for all demographics. The project will be beneficial towards increasing the livability and connectivity of current residents, commuters, and visitors of the San Luis Obispo region. The project will also activate the spaces by providing a walkway and commercial development for people that were previously not present. The proposed development is projected to activate the area, with new amenities, while promoting the site’s existing uses; The existing cafe and restaurant within the project site will not be …

Boden Lecture: The Past’S Lessons For Today: Can Common-Carrier Principles Make For A Better Internet?, James B. Speta

Marquette Law Review

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The Nagging In Our Ears And Original Public Meaning, Perry Dane

Marquette Law Review

The debate over how to understand the meaning of legal texts once pitted intentionalism against a variety of other views united by the conviction that a legal enactment takes on a meaning not reducible to anybody’s mental state. Both these approaches are supported by powerful intuitions. This Article does not try to referee between them. Instead, it takes aim at a third set of views— theories of “original public meaning”—that in recent decades has upended the traditional debate and has now become gospel for the new majority on the United States Supreme Court.

Oklahoma V. Castro-Huerta, Jurisdictional Overlap, Competitive Sovereign Erosion, And The Fundamental Freedom Of Sovereign Nations, Michael D.O. Rusco

Marquette Law Review

In addition to its stunning internal flaws, the United States Supreme Court’s opinion in Oklahoma v. Castro-Huerta exemplifies Indian law’s broader flaws as a jurisprudence. Castro-Huerta holds that states have concurrent criminal jurisdiction with federal and tribal governments over crimes by non-Indians against Indians on reservation lands. Justice Gorsuch deftly addresses many of the glaring internal flaws in Kavanaugh’s majority opinion, but not all. He does not dissect the hollow assertion that reservations are part of the surrounding state both geographically and politically. This cannot go unaddressed, particularly given its weak analysis, misguided use of precedent, and broader consequences.

Racializing Algorithms, Jessica M. Eaglin

Articles by Maurer Faculty

There is widespread recognition that algorithms in criminal law’s administration can impose negative racial and social effects. Scholars tend to offer two ways to address this concern through law—tinkering around the tools or abolishing the tools through law and policy. This Article contends that these paradigmatic interventions, though they may center racial disparities, legitimate the way race functions to structure society through the intersection of technology and law. In adopting a theoretical lens centered on racism and the law, it reveals deeply embedded social assumptions about race that propel algorithms as criminal legal reform in response to mass incarceration. It …

Inventing Deportation Arrests, Lindsay Nash

Michigan Law Review

At the dawn of the federal deportation system, the nation’s top immigration official proclaimed the power to authorize deportation arrests “an extraordinary one” to vest in administrative officers. He reassured the nation that this immense power—then wielded by a cabinet secretary, the only executive officer empowered to authorize these arrests—was exercised with “great care and deliberation.” A century later, this extraordinary power is legally trivial and systemically exercised by low-level enforcement officers alone. Consequently, thousands of these officers—the police and jailors of the immigration system— now have the power to solely determine whether deportation arrests are justified and, therefore, whether …

Telegraph Torts: The Lost Lineage Of The Public Service Corporation, Evelyn Atkinson

Michigan Law Review

At the turn of the twentieth century, state courts were roiled by claims against telegraph corporations for mental anguish resulting from the failure to deliver telegrams involving the death or injury of a family member. Although these “telegraph cases” at first may seem a bizarre outlier, they in fact reveal an important and understudied moment of transformation in the nature of the relationship between the corporation and the public: the role of affective relations in the development of the category of the public utility corporation. Even as powerful corporations were recast as private, rights-bearing, profit-making market actors in constitutional law, …

Title Vii’S Failures: A History Of Overlooked Indifference, Elena S. Meth

Michigan Law Review

Nearly sixty years after the adoption of Title VII and over thirty since intersectionality theory was brought into legal discourse by Professor Kimberlé Crenshaw, the U.S. Supreme Court has consistently failed to meaningfully implement intersectionality into its decisionmaking. While there is certainly no shortage of scholarship on intersectionality and the Court’s failure to recognize it, this remains an overlooked failure by the Supreme Court. This Note proceeds in three parts. Part I provides an overview of Title VII and intersectional discrimination theory. I then explain how the EEOC and the Supreme Court have historically handled intersectional discrimination cases. Part II …

Copyright’S Law Of Dissemination, Jacob Noti-Victor

Cardozo Law Review

Intellectual property law generally rests on the assumption that markets will bring about an ideal allocation of resources. Nonetheless, United States copyright law remains riddled with regimes that bypass or restructure normal market licensing between copyright owners and distributors such as streaming services, radio stations, and libraries. This Article provides the first comprehensive account of this “law of dissemination,” examining how a range of seemingly unrelated judicial doctrines, statutory safe harbors, and regulatory institutions together affect the relationship between copyright owners and the entities that disseminate creative works to the public.

While these regimes are often treated as unintelligible historical …

Environmental Law, Eleventh Circuit Survey, Travis M. Trimble

Scholarly Works

In 2022, the United States Court of Appeals for the Eleventh Circuit held that a plaintiff and the organization to which she belonged had standing, based on her claimed injury to her aesthetic well-being, to bring a Clean Water Act (CWA) citizen suit against a developer who had allegedly filled a wetland in violation of its permit, even though the plaintiff had never visited the wetland and even though the wetland was on private property not accessible to the plaintiff. The United States District Court for the Northern District of Alabama concluded that acid mine leachate from a refuse pile …

The Influence Of Metacognitive Skills On Bar Passage: An Empirical Study, Jennifer A. Gundlach, Jessica R. Santangelo

Grantee Research

Working Paper

This article builds on our prior research about metacognition and its importance for law students’ learning. We hypothesized that given our past findings about the relationship between metacognition and academic performance in law school, it was possible that metacognition might also play an important role in success on the bar exam.

Our current study documents law students’ metacognitive skills during a final semester bar prep course and examines the relationship between those students’ metacognitive skills and bar passage. We found that students are capable of gaining metacognitive knowledge and regulation skills during law school and even as late …