Law Commons^™

Reinvest In Us: Reimagine The Role Of Police In The U.S., Jamil Davis

College Honors Program

In America, we must question and understand what is “law and order.” Over centuries, America developed a racialized slave-class politically and socially through power and force. Police are the foot soldiers of maintaining law and order as Slave Patrols evolved into the State Police. In my thesis, I discuss how their efforts in traffic enforcement enable a dominant class to target and enslave the oppressed class. Traffic control leads to 18 million interactions a year which is 34 people a minute. The numbers of interactions along with persistent practices regarding discrimination cause police to be a social liability. When bad …

Ip Protection For Love: Dating App’S Feuds And Foes, Meredith Williams

Journal of Intellectual Property Law

A new method of meeting others and dating online has emerged amid today’s age of technology. Online dating, now largely facilitated through apps, has grown exponentially since its genesis. With this growth, online dating services have sought intellectual property protection. This Note examines the patentability of dating app features, primarily the digital user interface through the backdrop of a recent dispute between Tinder and Bumble. It begins with a history of online dating and analysis of why apps have become a popular tool to launch a business. The Note then delves into a new dating app concept and accompanying patent …

Give Starving Artists A Piece Of The Ip Pie: Making Room At The Table For Performers’ Rights, Meagan A. Sharp

Journal of Intellectual Property Law

Creators protect their valuable intellectual property interests through copyright. Historically, stage performers struggled to secure copyright ownership in their performances within a larger production. As the theatre landscape changes, however, trends indicate that producers will increasingly rely on performers to develop characters and shows. This reliance could prove to be an exploitative practice if performers do not receive additional compensation for their part in creating successful works. This Note first examines the meanings of authorship, fixation, and control under the Copyright Act of 1976, then widens its lens to consider alternate interpretations of these technical terms in light of an …

Transparency Is The Best Policy: The Case For Georgia To Allow Access To The Source Code Of Proprietary Voting Software, Grace Repella

Journal of Intellectual Property Law

Within the past century, electronic voting systems have become common place. Most states hold their elections via electronic voting machines. These voting machines require software, and that software is built out of source code. Most states, including the state of Georgia, use voting machines with proprietary software made by private companies to run their elections. These companies have pushed back against access to the source code of their software because of intellectual property issues related to trade secret and copyright law. Nonetheless, states have an interest in guaranteeing their elections are not vulnerable to attack or hacking, and voters want …

Architectural Copyrights: The Eighth Circuit's Structurally Sound Interpretation Of 17 U.S.C. § 120, Hunter T. Payne

Journal of Intellectual Property Law

The Eighth Circuit expanded architectural copyright protection in Designworks Homes, Inc. v. Columbia House of Brokers Realty, Inc., by interpreting § 17 U.S.C. 120(a) consistent with both its plain meaning and legislative intent. In doing so, the court took a pivotal step in protecting architects’ copyright interest in floorplans posted on virtual real estate websites without consent. The National Association of Realtors quickly took offense, declaring this an invitation to waves of litigation, hindering the current state of real estate transactions that often occur via websites like Zillow or Redfin. However, as highlighted by the Eighth Circuit, copyright fair use …

To "The" Or Not To "The"? The Question Has Been Answered: An Examination Of Trademark Bullying In The Context Of The Ohio State University's Recent Trademark Registration, Jennifer M. Danker

Journal of Intellectual Property Law

This Note examines the growing concern in the legal community around trademark bullying by specifically focusing on the registration of the word mark “THE” by The Ohio State University (“OSU”) and its potential for abuse and overreach in trademark enforcement. By carefully analyzing relevant legal precedent, statutory provisions, and USPTO administrative procedures, this Note critically considers the offered justifications for and likely consequences of the trademark’s registration.

By exploring the historical progression of trademark law, including its purpose and underlying principles, this Note provides a framework for evaluating the merits and potential concerns associated with the recent registration. Additionally, it …

From America Online To America, Online: Reassessing Section 230 Immunity In A New Internet Landscape, Madeleine E. Blair

Journal of Intellectual Property Law

In 1996, Congress passed the Communications Decency Act, a body of legislation aimed at regulating a nascent internet. Section 230 of the Act has become a subject of contention on both sides of the political aisle due to an immunity provision in the law barring private actions against online service providers for the conduct of those services’ users. Few lawsuits against online entities have survived this immunity provision. But two successful cases, Lemmon v. Snap, Inc. and A.M. v. Omegle.com, LLC, have used a products liability theory to overcome the limitation.

This Note examines Section 230 in light of these …

Rethinking "Reasonableness": Implementation Of A National Board To Clarify The Trade Secret Standard Now That The Work-From-Home Culture Has Changed The Rules, Hannah E. Brown

Journal of Intellectual Property Law

Under the federal Defend Trade Secrets Act (“DTSA”), almost any type of information can qualify as a trade secret but only if the owner has taken “reasonable measures” to keep such information secret. Under case law, what is “reasonable” varies and may differ based on the court, the company size, and the particular facts of each situation. The interpretation of what is “reasonable” must change with the times, specifically, to take into consideration the sharp increase in remote work that accompanied the COVID-19 pandemic. The rise in remote work necessarily means more servers accessing data and more remote transmission of …

Criminal Justice Reform And The Centrality Of Intent, Cynthia V. Ward

Villanova Law Review (1956 - )

No abstract provided.

Democratizing Tthe Eighth Amendment, Erin E. Braatz

Villanova Law Review (1956 - )

No abstract provided.

Stacking The Deck: How The Eighth Circuit's Decision In United States V. Crandall Threatens The First Step Act's Bipartisan Criminal Justice Reforms, Anthony Passela

Villanova Law Review (1956 - )

No abstract provided.

There's No Place Like Home: The Second Circuit Disturbs Fourth Amendment Protections In Torcivia V. Suffolk County, Jillian E. Sprong

Villanova Law Review (1956 - )

No abstract provided.

Phr & Clihhr Submission To Icc Otp (May 2023), Physicians For Human Rights (Phr), Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

This report was submitted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Physicians for Human Rights (PHR) in May 2023 to the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). It provides legal and strategic recommendations on investigating and prosecuting crimes of sexual and gender-based violence, with an emphasis on survivor-centered approaches and international legal standards. The submission highlights the importance of addressing such crimes within the framework of international justice.

Committee Chaired By Maurer Professor To Complete Its Analytical Review Of Hanford Nuclear Reservation Waste Options, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

A committee chaired by an Indiana University Maurer School of Law professor will complete next week its five-year charge to review the analysis performed by a team investigating how best to treat and dispose of low-level waste at the Hanford Nuclear Reservation in Washington.

John Strait Applegate, the James L. Calamaras Professor of Law, has served as chair of the 13-member National Academies of Sciences, Engineering, and Medicine (NASEM) committee since 2018. The committee will conclude its work with a public meeting in Richland, Washington, on June 6. Applegate had previously chaired a prior review of the waste disposal issue …

Collusive Prosecution, Ben A. Mcjunkin, J.J. Prescott

Law & Economics Working Papers

In this Article, we argue that increasingly harsh collateral consequences have surfaced an underappreciated and undertheorized dynamic of criminal plea bargaining. Collateral consequences that mostly or entirely benefit third parties (such as other communities or other states) create an interest asymmetry that prosecutors and defendants can exploit in plea negotiations. In particular, if a prosecutor and a defendant can control the offense of conviction (often through what some term a “fictional plea”), they can work together to evade otherwise applicable collateral consequences, such as deportation or sex-offender registration and notification. Both parties arguably benefit: Prosecutors can leverage collateral consequences to …

England Logistics, Inc., England Carrier Services, Llc, And C.R England, Inc., Plaintiffs / Appellees V. Kelle's Transport Service, Llc, Tim Zack, Chris Nielsen, Casey Brown, Caleb Kuhn, Ryan Butler, Austin Butler, Joseph Charlton, Jim Quinn, Cody Isaacson, Raun Singleton, And Marc Kramer, Defendants / Appellants : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Mark Kouris, District Court No. 180909680

Jeffery S. Williams, NELSON CHRISTENSEN, Walter A. Romney, Jr., Justin R. Olsen, Attorneys for Appellees

Troy L. Booher, Caroline A. Olsen, Taylor P. Webb, Lincoln W. Hobbs, Attorney for Appellants

Julie Kinsey, Petitioner/Appellee V. Glen D. Kinsey, Respondent/Appellant : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On Appeal from the Third Judicial District Court, Salt Lake County, Utah, before the Honorable Judge Dianna Gibson, District Court Judge Case No. 20-4907035 DA

K. Bradley Carr (14428) CARR WOODALL Attorney for Respondent/Appellant Glen D. Kinsey

Cory R. Wall (4937) WALL & WALL, apc Attorney for Petitioner/Appellee Julie Kinsey

Ndls Communicator: Week Of 05.30.22, Notre Dame Law School

NDLS Communicator

The Latest News

• G. Marcus Cole reappointed as dean of Notre Dame Law School
• Paolo Carozza receives ND faculty award
• Becket Fund for Religious Liberty presents ND Law Dean G. Marcus Cole with 2023 Legal Service Award
• ND Law to hold third annual Notre Dame Religious Liberty Summit in London
• UK House of Lords member David Alton to receive 2023 Notre Dame Prize for Religious Liberty
• Conference in Chile explores religious liberty and educational pluralism in Latin America and the Caribbean
• Professor Marah Stith McLeod holds criminal law workshop at Notre Dame’s Kylemore Abbey
• Program on Church, State & Society …

Cardozo Welcomes The 2023 May-Entry Class, Benjamin N. Cardozo School Of Law

Cardozo News 2023

The first members of Cardozo’s Class of 2026, the “May class,” began their law school journey last week.

There are 41 students in this year’s May class, with most hailing from New York, New Jersey or Connecticut. The class also features students from Arizona, California, Washington D.C., Illinois, Maryland, Massachusetts, Michigan, Tennessee, Utah, Virginia and Wisconsin. In addition to domestic students, Cardozo welcomed international students born in China, the Dominican Republic, France, Germany, India and Iran.

The Ruling Of Cosmetic Injections: A Jurisprudential Study, Ali Suleiman Al Saleh Dr.

UAEU Law Journal

Cosmetic injections are a medical procedure, completely different from surgery, where a long-term change occurs in the body. The materials used in this procedure varies by source, whether a human, animal or mineral, which would require to study the ruling of utilizing them in cosmetic or medication.

The research concluded that the ruling of using cosmetic injections varies by functions in terms of filling in facial wrinkles and organs, causing paralysis in muscles, or feeding and motivating the skin. It also varies according to the materials injected into the body in terms of generating them from human, animal or otherwise. …

The Impact Of The Covid-19 Pandemic On The Tenant's Obligation To Pay The Rent: A Study Under Palestinian And Kuwaiti Laws, Ramz Bassam Abusalama Mss., Ibrahim Khalid Yahya Mr.

UAEU Law Journal

The research sought to clarify the impact of the (Covid- 19) pandemic on the tenant's obligation to pay the rent, as it is an obligation imposed by the general rules in leasing, and it allows the lessor to invoke the termination of the contract in real estate subject to the rule of civil law (general rules), or to vacate the leased property in real estate subject to the Jordanian Landlords and Tenants Law of 1953 in force in the West Bank in Palestine, or the Kuwaiti Tenancy Law of 1978. In order to avoid annulment or vacancy, the research analyzes …

Formalization Of The Trading Company Contract And The Challenges Of The Fourth Industrial Revolution: An Analytical & Comparative Study, Dr. Karima Krim

UAEU Law Journal

Recently, the world experiencing major internet-based technological changes that led to the Fourth Industrial Revolution. of which blockchain and smart contract are technologies. The first is a large, open and distributed digital record and store data, backed up and exchanged between users, secure and more reliable manner without the intervention of a trusted intermediary, allowing the smart contract to automate the implementation of contract terms. This study, focused on trying to identify its impact on the official contract of the trading company and the extent to which it could compensate for the role of the notary. Which concluded that blockchain …

The System Of Civil Liability Standard For Injuries Resulting From Driverless Vehicles: A Comparative Study Under Uae And Comparative Laws, Maamar Bentria Dr., Dr. Muorad Seghir

UAEU Law Journal

The development of vehicle automation systems has reached very high levels, it is expected that this new generation of our vehicles will invade our markets, more than ever before. Even if the goal of this Driverless car is to achieve the highest levels of safety, comfort and sustainability, and to reduce human errors that find their source in human mistakes, the safety of using this vehicle on our roads still raises doubts. This contribution started from the fact that today's driverless vehicles are still in need of a civil liability rules, and compensation system that would effectively address the problem …

Criteria For Considering The Shari’A Need When Applied To A Commercial Insurance Contract: An Applied Jurisprudential Study, Ahmed Al-Shafei Mr

UAEU Law Journal

The research aimed to know the reality of the «Shari’a Need», and how to control and measure it. By proposing a list of criteria used in assessing their existence, consideration or elimination, and to test the criteria, the researcher applied them to a commercial insurance.

In order to achieve the goal of the research; the researcher used the inductive analytical method, by following the rules suggested by the Fuqaha’, which required an analysis of some Fuqaha’ sayings, to build standards.

The research concluded that the «Need» that some Fuqaha’ considered in the permissibility of commercial insurance does not meet these …

Fake “Universities” The Concept And Coping Strategies, Prof. Safaa Otani Prof., Hassan Al-Abdallat Dr

UAEU Law Journal

The increase in societal demand for higher education has resulted in a wide spread of global activities of universities and academic institutions. Moreover, the rise of e-learning patterns, distance education, and the increase of non-traditional types of education have prompted the development of quality assurance mechanisms as essential elements to the recognition and accreditation of academic institutions.

The problem that aroused, however, was in the exploitation of these models by certain entities claiming to be universities, idiomatically called the “degree mills”, and taking advantage of the educational environment to gain illegal profits, by selling “fake” degrees to individuals who pay …

Securing Rights To Movable Assets In Light Of Federal Law No. (4) Of 2020, Dr. Nasr Aboul Fotouh Farid Hassan

UAEU Law Journal

In this research, we investigated the guarantee rights of movable properties, in terms of explaining the nature of these rights which are regulated by the UAE legislator “Law No. 4, 2020”, and determining the funds that can be included in such guarantee system. Furthermore, we studied the method that could be implemented to ensure the rights of all included parties. Therefore, we recommended that it is necessary to stipulate the possibility of separating the movable from the real estate without causing damage to either of them, so that the real estate can be fixed by privatization to be a guarantee, …

Visuals And Voice: The Aesthetics Of Legal Writing & Persuasion Through Prose, Nathan D. Clark

Nebraska Law Bulletin (Selected Issues)

Professor Clark delivered these remarks—published here in their unedited form—during the Nebraska Law Review’s annual end-of-the-year banquet in the spring of 2023. To those at the start of their law school journey and considering joining the Law Review, they provide a glimpse into the future and a taste of the joys and challenges to come. To those nearing their journey’s end, these words provide—through playful reminiscence—a look back on all they have endured and achieved. And to those whose law school days have long since passed, they offer a reminder of the oft forgotten joys unique to the legal profession.

A Critical-Inclusive Approach To Instructing On Genocide Education In The United States: Delivering An Equally Critical And Inclusive Approach To Professional Development, Cassidy S. Ernst

Master's Projects and Capstones

This paper presents a new approach to teaching the preconditions for genocide. Bringing together a number of theoretical insights from recent research, it focuses on the pedagogical value of a critical inclusive approach to genocide education. Such an approach incorporates persecuted groups commonly excluded from educational narratives, such as the experiences of homosexuals during the Holocaust. It also places genocide education within a wider framework focused on prevention and advocacy. Through utilizing a critical-inclusive approach to genocide education in the classroom, youth will be equipped with a stronger conception of genocide, genocidal ideologies, and measures that can be taken to …

Balancing The Inequities In Applying Natural Property Rights To Rights In Real Or Intellectual Property, Lolita Darden

Texas A&M Journal of Property Law

Eric Claeys’s book, Natural Property Rights, introduces a Lockean-based theory of interest-based natural property rights. Central to Claeys’s theory are the concepts of justified interests and productive use. A justified interest, Claeys writes, exists when an individual demonstrates a stronger interest in a resource than anyone else in the community and uses the resource productively in a manner that is “intelligent, purposeful, value-creating, . . . sociable,” and leads to survival or flourishing. Claeys’s theory demonstrates “how a standard justification for property gets implemented in practice” and how a community’s “goods” build on the individual’s goods.

Claeys’s community “goods” focus, …

How Far Does Natural Law Protect Private Property?, James W. Ely Jr.

Texas A&M Journal of Property Law

This Article first explores the ambiguous relationship between natural law and the rights of property owners in American history. It points out that invocation of natural law principles was frequently conflated with English common law guarantees of property rights in the Revolutionary Era. Reliance on natural law as a source of protection for private property faded during the nineteenth century and was largely rejected in the early twentieth century.

The Article then considers the extent to which natural law principles are useful in addressing contemporary issues relating to eminent domain and police power regulation of private property. Taking a skeptical …