Law Commons^™

Raising The Threshold For Trademark Infringement To Protect Free Expression, Christine Haight Farley, Lisa P. Ramsey

Scholarly Articles in Law Reviews & Journals

The First Amendment right to free speech limits the scope of rights in trademark law. Congress and the courts have devised various defenses and common law doctrines to ensure that protected speech is exempted from trademark infringement liability. These defensive trademark doctrines, however, are narrow and often vary by jurisdiction. One current example is the speech-protective test first articulated by the Second Circuit in Rogers v. Grimaldi, expanded by the Ninth Circuit, and recently restricted by the Supreme Court in Jack Daniel’s Properties v. VIP Products to uses of another’s mark within an expressive work that do not designate the …

Impact Of Climate Risk On Long-Term Core Activity Management In The Power Sector, Dariusz Michalski, Paweł Hawranek

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

The global economy faces the challenges of climate change that generates the climate risk, which essentially affects the operational activity of power companies. The power sector is both, one of the most important greenhouse gases emitters, and an industry especially exposed to widely perceived climate risk. Changes in the natural environment cause negative impacts on the energy infrastructure (physical risk), while regulatory changes and society sentiments (transition risk) reshape the conditions of operational profitability of power companies. These phenomena, currently accelerating changes in the global economy, persuaded the authors to undertake a study on necessary changes in the core activities …

A New Concept Of Polycrisis In The Light Of Directive 2022/2557 On The Resilience Of Critical Actors (Cer Directive), Tomasz Długosz

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

The author considers the concept of a “polycrisis” (when several crisis interact), which can be used in increasing the resilience of critical entities and protecting critical infrastructure. He comes to the conclusion that this is a concept that draws attention to certain trans-systemic threats, and to the reactivity of social systems to these threats. In his view, the Directive on the resilience of critical actors (CAR Directive) requires the consideration of a wide range of inter-system interdependencies, and creates a field for the use of the concept of a polycrisis. The author expresses concerns that the possible ideological entanglement of …

Selected Aspects Of Eu Regulations Enacted In Response To The Gas Market Crisis, Jakub Faszcza

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

The objective of this study is to clarify the actions taken at the EU level in response to the ongoing gas market crisis, and to provide a preliminary assessment of their effectiveness. This crisis began prior to Russia’s attack on Ukraine, and was intended as a preparatory measure for the planned invasion. An exposition of Gazprom’s actions is included in the introduction of the article to enhance comprehension of the contextual backdrop that justified the adoption of these EU Regulations. The substantive section of this article presents a curated selection of the most significant measures implemented in order to mitigate …

Criminal Networks As Anti-Competitive Practices Of The Liquid Fuels Market, Wojciech Jakubiec

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

The aim of the article is to analyze the possibilities of combating organized crime by identifying and analyzing criminal networks in economic terms and their impact on fair competition on the liquid fuels market.

Law As Performance, Benjamin N. Cardozo School Of Law

2022–2023 Flyers

No abstract provided.

The Court Of Federal Claims, The Government Accountability Office, And “Two Bites At The Apple” Bid Protests, Andrew Ferguson

University of Dayton Law Review

No abstract provided.

Is There A Balance Between The U.S. Government Secrecy Regime And Free Speech Rights Of Government Employees?: The Legal Landscape Of The U.S. Government Control Of Information, Qinqin Wang

LSU Doctoral Dissertations

This dissertation explores the tension between the U.S. government’s control of information and government employees’ claims to free speech rights. The U.S. government prepublication review is a censorship system that requires former and current federal government employees to submit any materials intended for publication to their agencies for prior review before they attempt to make any external communication or proceed with any publications. The prepublication review regime has become an essential means by which the U.S. government controls internal information, and has long been controversial because of its censorship nature. Specifically, this dissertation focuses on legal disputes between the U.S. …

Cover And Front Matter, University Of Dayton

University of Dayton Law Review

Cover, table of contents, administrative information

Clickbait Compliance And Transnational Corruption, William R. Heaston

University of Dayton Law Review

In the corporate compliance and anti-corruption domains, international standard-setting is in vogue. Recent years have witnessed a flurry of new compliance standards authored by the International Organization for Standardization (ISO), the world’s leading private standard-setter. ISO claims to offer a more effective way to address transnational corruption risks and related compliance challenges, one that boasts the approval of a global committee of technical experts and enticingly purports to accord with international “best practices.” A number of companies and governments around the world have taken the bait, with many adopting or giving legal effect to ISO’s anti-bribery standard (ISO 37001) in …

Ohio’S Return To Indefinite Sentencing: Why Minor Changes Make A Major Difference, Zachary R. Kennedy

University of Dayton Law Review

No abstract provided.

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Needs A Cure, Joe Regalia, David Wallace

University of Dayton Law Review

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Because The Internet: Why The Federal Government Cannot Regulate Online Sports Betting, Kris Milner

University of Dayton Law Review

No abstract provided.

Center For Health & Homeland Security Newsletter, Spring 2023

Newsletter

No abstract provided.

Commentary On Trading In The Clouds, Gary Pulsinelli

Scholarly Works

No abstract provided.

Extended Privacy For Extended Reality: Xr Technology Has 99 Problems And Privacy Is Several Of Them, Suchismita Pahi, Calli Schroeder

Notre Dame Journal on Emerging Technologies

Americans are rapidly adopting innovative technologies which are pushing the frontiers of reality. But, when they look at how their privacy is protected within the new extended reality (XR), they will find that U.S. privacy laws fall short. The privacy risks inherent in XR are inadequately addressed by current U.S. data privacy laws or courtcreated frameworks that purport to protect the constitutional right to be free from unreasonable searches. Many scholars, including Ryan Calo, Danielle Citron, Sherry Colb, Margaret Hu, Orin Kerr, Kirsten Martin, Paul Ohm, Daniel Solove, Rebecca Wexler, Shoshana Zuboff, and others, have highlighted the gaps in U.S. …

A Rejoinder To Professor Padfield: Lobbying The States For Anti-Esg Legislation, Dwight Aarons

Scholarly Works

No abstract provided.

Free Expression In Private Stadia: The Public-Private Nexus And The Reclamation Of Free Expression In Sport, Michael K. Park

UC Law SF Communications and Entertainment Journal

This Article examines how the degree of government and military entwinement with the private enterprise of sport may provide a sufficient nexus for state action, arming athletes with First Amendment protection they would otherwise not possess against private entities. It reviews sport’s historical and cultural ties to militarism and its venerated symbols before exploring the applicability of the theories of state action within the context of private stadia. Anchored by the symbiotic relationship theory, this Article analyzes how the interdependent relationship between the government/military and private sport enterprise may provide the mutual benefits necessary to establish a sports franchise as …

Border Search Rationales Ripe For Abuse, With Journalists Particularly At Risk, Bryan Sykes

UC Law SF Communications and Entertainment Journal

No abstract provided.

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.

"Freedom Is Not Enough...": Affirmative Action And J.D. Completion Among Underrepresented People Of Color, Jason M. Scott, Paige Wilson, Andrea Pals

AccessLex Institute Research

In Fall 2022, the Supreme Court heard arguments regarding the future of affirmative action in higher education. Initially, affirmative action policies were adopted to give equal opportunity to communities who have been and continue to be harmed by discriminatory systems and practices. As we wait for the Court’s decision, it is crucial to understand how existent affirmative action bans impact underrepresented people of color’s (uPOC) graduate/professional degree attainment. Data from the Integrated Postsecondary Education Data System, the U.S. Census Bureau, and the Center for Reproductive Rights is analyzed to determine whether affirmative action bans decrease the proportion of uPOC completing …

Entity Of The State: The Transparency Of Restricting Telecommunications Firms As Threats To America’S National Security, Benjamin W. Cramer

Notre Dame Journal on Emerging Technologies

This paper analyzes recent American regulations regarding international telecommunications firms that have been restricted from doing business in the United States, as apparent threats to national security. The paper will include policy-oriented research into the relevant legislation, plus more theoretical research on the framing of geopolitical disputes and the transparency of the resulting regulatory actions. There has been some suspicion from journalists and government watchdogs that such restrictions are politically motivated, with dramatic claims of national security threats leading to non-transparent trade regulations. This paper discusses the framing of geopolitical disputes and their impact on trade policy in the telecommunications …

U.S. Cryptocurrency Regulation: A Slowly Evolving State Of Affairs, Aaron Poynton

Notre Dame Journal on Emerging Technologies

After nearly a decade and a half since the creation of the first cryptocurrency, crypto regulation in the United States is fragmented, with different measures taken at the federal and state levels, and even within and among agencies. This sluggish speed is not necessarily a surprise as government regulation has always chased rapid advancements in technology and associated consumer and market behavior changes. However, this is a precarious position for the United States--and the world--as the U.S. is a leader in the global financial community, the high concentration of crypto-based wealth, and economies’ increasingly interconnected and interdependent nature. This working …

Note: Nft Art Heists: Analyzing Nfts Under U.S. Law And International Conventions On Art Theft, Kevin D. Brum

Notre Dame Journal on Emerging Technologies

The non-fungible token (“NFT”) is a type of digital asset that is usually associated with an image and has a unique identifier. An NFT cannot be copied or reproduced, and records of NFT transactions are stored on the blockchain. NFTs are a recent innovation and have swept the world by storm. NFT sales tripled from 2019 to 2020 and DappRadar—the premier platform for hosting decentralized NFT portfolio management applications—estimates that NFT sales hit twenty-five billion dollars in 2021. Many NFTs appear to be artistic works and, either individually or in a collection, can be given away for free, sold for …

Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman

Notre Dame Journal on Emerging Technologies

In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.

Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …

What Torres V. Madrid Reveals About Fact Bias In Civil Rights Cases, Amanda Peters

Florida State University Law Review

No abstract provided.

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

Florida State University Law Review

No abstract provided.

Agent Correction: Chastisement, Wellness, And Personal Ethics, David Yosifson

Florida State University Law Review

No abstract provided.

Grabbing The Bull By The Horns: Jurisprudential, Ethical, And Other Lessons For Lawyers And Law Students In The Immigration Labyrinth And Beyond, Mark L. Jones

Articles

No abstract provided.

W&L Law Library Newsletter, Vol. 2, Iss. 2 (Apr. 2023), The Law Library At Washington And Lee University School Of Law

W&L Law Library Newsletter

W&L Law Library Newsletter, Volume 2, Issue 2 (April 2023).