Law Commons^™

That’S Going To Leave A Mark: The Effect Of Trademark Law On Colleges And Universities, Bryn Ericksen

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

A Mediator And A Bot Walk Into A Bar …, John Lande

Faculty Blogs

This post presents ChatGPT’s decent response to a question about the main models of mediation (or at least much better than what most of my students would have written).

Solenex, Llc V. Haaland, Jennifer Kieffer Jensen

Public Land & Resources Law Review

In 1982, BLM issued an oil and gas lease in the Badger-Two Medicine to Solenex’s predecessor. The Badger-Two Medicine, located in the Lewis and Clark National Forest, is an area of cultural and spiritual importance to the Blackfeet Tribe. After four decades of disagreement as to whether the lease was validly issued, the Secretary of the Interior found that the lease violated the National Historic Preservation Act. Accordingly, she canceled Solenex’s lease and revoked Solenex’s Application for Permit to Drill. The District Court for the District of Columbia held the Secretary did not possess the authority to cancel Solenex’s lease. …

That’S It? Scrutinizing The Marshal Of The Supreme Court’S Role In An Investigation Within The Context Of 28 U.S.C. § 672, Josh Zoeller

SLU Law Journal Online

In May 2022, the Dobbs v. Jackson Women’s Health Organization majority opinion was leaked to the news outlet POLITICO. Very quickly thereafter, Chief Justice Roberts ordered the Marshal of the U.S. Supreme Court to investigate who was responsible for the leak. In this article, Josh Zoeller scrutinizes the Marshal’s report on the investigation while providing background on the Marshal’s role at the Court and how the position is statutorily defined.

The Concerning Implications Of Texas’S Claim To Standing In United States V. Texas, Noa Gutow-Ellis

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

In a sign of the case’s importance, oral arguments stretched over two hours when the Supreme Court heard United States v. Texas on November 29, 2022. United States v. Texas concerns “the Biden administration’s authority to set immigration policy.” Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas enacted the policy at issue: prioritizing groups of noncitizens to be detained and deported. This prioritization is rooted in the fact that DHS does not have the resources to detain and deport the “over 11 million noncitizens currently in the United States who could be subject to deportation.” Texas sued the federal government, …

Vol. 64, No. 04 (February 6, 2023)

Indiana Law Annotated

No abstract provided.

Mmu: 02/06/23–02/12/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

General Announcements

1L of the Week: Tristan Mullen

2Ls Taking Ls: Olla Jaraysi

Ask a 3L: Rachel Schneider

Sport Report by Stephen Nugent

Shideya's Corner

Google Dorking Or Legal Hacking: From The Cia Compromise To Your Cameras At Home, We Are Not As Safe As We Think, Star Kashman

Washington Journal of Law, Technology & Arts

This article addresses the issue of Google Dorking (“Dorking”): an underestimated, overlooked computer-crime technique utilized by hackers, cyberstalkers, and cybercriminals alike. Google Dorking is the specialized use of the Google Search engine which can be used to uncover sensitive data unintentionally exposed to the public online. Dorking can be beneficial and harmless when used by innocent researchers, journalists, and curious users. But it can be incredibly harmful if utilized by malicious actors. Dorking is behind notorious and infamous computer crimes that appear vastly different on the surface, such as a sextortion case involving over a hundred women including Miss Teen …

The United States Federal Judiciary: A Perilous Gerontocracy, Zachary Verbit

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

The federal judiciary was first established in 1789, but the more concerning statistic regarding the age of the federal judiciary is this: the median age of sitting federal judges is 68. But even this data point belies the severity of the issue, because federal judges are given lifetime tenure. Federal judges often remain in their seats well past the average U.S. retirement age. For example, Judge Wesley E. Brown served on the bench until he died at the ripe old age of 104. More recently, Judge Jack Weinstein served on the bench until he retired in 2020 at the age …

A New Wound For Old Scars: Why Act 1036 Of 2021 Is Unconstitutional And Why The Arkansas Retroactive-Legislation Doctrine Should Change, Bryce Jefferson

Arkansas Law Notes

In 2021, the Arkansas General Assembly overwhelmingly approved Act 1036, the Justice for Vulnerable Victims of Sexual Abuse Act. This Act amends the statute of limitations for “vulnerable victims” of sexual abuse. The Act allows a person who was either disabled, a minor, or both at the time he or she was a victim of sexual abuse to bring a civil action against an alleged abuser until the age of fifty-five (55)—replacing the former statutory age limit of twenty-one (21). The Act also revives previously time-barred claims for a period not earlier than six (6) months after and not later …

Good Newsletter February 6, 2023, Seattle University School Of Law Dean

GOOD NEWSletter

No abstract provided.

Lost In The Woods, Moshe Gelberman

Cardozo International & Comparative Law Review (CICLR) Blog

In November of 2022, five U.S. Senators sent letters to top law firms warning them that continued cooperation in environmental-social-governance (ESG) agreements, by the firms or by their clients, would be subject to heightened scrutiny under U.S. antitrust laws. By failing to issue similar antitrust guidelines for ESG agreements, federal policy lags behind the international community, disservices the competitive market, and hurts ESG goals.

This post was originally published on the Cardozo International & Comparative Law Review on February 6, 2023. The original post can be accessed via the Archived Link button above.

Ndls Communicator: Week Of 02.06.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Kresge Law Library serves as a Preservation Steward for U.S. Government Publishing Office
• LL.M. alumni publish article calling on United Nations to take urgent action to protect Afghan women’s rights
• Sam Bray was interviewed by CNN in an article about if states challenging President Biden’s student loan forgiveness program have the legal right to bring the dispute in the first place.
• Bruce Huber spoke with the Guardian about how a new complaint against Shell highlights the pressure that environmentalists are placing on fossil fuel companies.
• Jimmy Gurulé joined the Bloomberg Law Podcast earlier this week to discuss …

Under G-D, Dereck Daschke

Journal of Religion & Film

This is a film review of Under G-d (2022), directed by Paula Eiselt.

All Stick And No Carrot? Reforming Public Offerings, Stephen J. Choi, Adam C. Pritchard

Law & Economics Working Papers

The SEC heavily regulates the traditional initial public offering. Those regulatory burdens fuel interest in alternative paths for private companies to go public, “regulatory arbitrage.” The SEC’s response to the emergence of alternatives, most recently SPACs and direct listings, has been to suppress them by imposing heightened liability under Section 11 of the Securities Act. The SEC’s treatment of the traditional IPO regulatory process as a one-size-fits-all regime ignores the weaknesses of this process, in particular the informational inefficiency of the book-building process. In this essay we argue that the agency’s focus in regulating issuers going public should be on …

Addressing The Principle And Challenges Of Enforcement And Prosecution Under Universal Jurisdiction: Charting New Pathways For International Justice, Uche Nnawulezi, Hilary Nwaechefu, Salim Bashir Magashi

Indonesian Journal of International Law

Remarkably, the principle of universal jurisdiction is increasingly gaining traction in the international justice system as a key aspect of the prosecution of crime globally. Driven primarily by efforts to combat crime, this paper examined the relevance of universal jurisdiction in order to determine its adequacy as a system of international justice. Contextually, the principle of universal jurisdiction emerged as a supplemental component of the international justice system. This paper adopts the doctrinal approach by identifying and analyzing the relevant provisions and challenges of universal jurisdiction. It argues that if regular enforcement is a goal of the emerging international justice …

An Anticolonial Dream Against The Disaffection And Dissonance: Teaching The (Other) International Law In India, Swati S. Parmar

Indonesian Journal of International Law

The States, self-defined as the civilised, clothed in the ‘refined’ urbane bourgeois created a modern cosmopolitan order at a civilizational scale. The remaining world was driven into a cultural subjection and classified by the ‘civilised’ into these fixated identities while their indigeneity and socio-cultural identity were marginalised. Projected itself as the cradle of intellect, Europe consciously crafted imperialism as a cultural reference for the rest of the world. The colonial encounters left imperial imprints on the peoples of these colonies, the consequences of which remain evident in the styles and pedagogies of teaching international law in the geographical South. Historical …

“Publish Or Perish”: The Indian Legal Academicians’ Dilemma Of Prioritizing Research Vs Teaching, Shruti Das, Deepshikha Sharma

Indonesian Journal of International Law

Research and Publication has been one of the key indicators of success for an academician. The term “publish or perish” came up with the connotation to understand the pressure academicians goes through for publication of research papers. In recent years, from Indian academic industry perspective, research has been one of the core criteria for promotion and evaluations. University Grants Commission (UGC), the regulatory body for Higher Education in India has made it mandatory to have a doctorate and some research publications to be eligible as an Associate Professor, though the proposed change in the regulation demands doctorate degree as a …

Researching And Teaching Asian And Hong Kong Private International Law, Wilson Lui

Indonesian Journal of International Law

This article considers how private international law in Asia and Hong Kong is developing and should be developed, through both theoretical and practical aspects as evidenced in both research and teaching. It considers what is entailed when speaking of the concept of an “Asian private international law”, looking at it from the lens of researching and teaching Asian law with Asia “as a method” – calling for Asian law to be recognised as an equal to its Western counterpart and to be developed through a comparative analysis among Asian jurisdictions themselves and the pluralistic traditions they employ. It also discusses …

Cedaw Convention And Engendering Faculty Of Law's Curriculum Reinforcement: A Lesson Learnt From Indonesia, Iva Kasuma, Sulistyowati Irianto

Indonesian Journal of International Law

This research aims to describe the strategies used to eliminate discrimination against women through academic-based programs conducted in universities. This includes the International Law, a powerful reference for teaching material in legal education used to promote humanity. Presently, globalization of law is marked in the International Law-making process by delegates from various countries, which spreads to State parties through ratification with a significant impact on legal reform. A number of senior female professors have initiated the socialization and implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW Convention). This was conducted through the ratification …

Report On The Inp Pan Seminar “Ne Bis In Idem Principle In Competition Law And Sectorial Regulation – Towards Greater Protection Against Double Prosecution And Punishment?”, Warsaw, December 6, 2022, Kamil Flis

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

Warsaw, December 6, 2022

Cardozo Law News Brief: February 3, 2023, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2023

Featured Faculty:

• Samuel Weinstein
• Edward Zelinsky
• Gaia Bernstein

Events:

• The 2023 Cardozo-Columbia Colloquium on Sovereignty, the Rule of Law and Fundamental Rights in an Era of National and International Turmoil
• Professor David Rudenstine Moderates “The Supreme Court in Crisis”
• Benin Bronzes: Restitution and Reparation
• Gloria Steinem to Receive 22nd International Advocate for Peace Award

Harmonisation Of The Powers Of Ncas In Eu Member States. A Few Remarks On The Basis Of The Experience Of The Czech Republic And Poland After The Deadline For Transposition Of The Ecn+ Directive Has Passed, Paulina Korycińska-Rządca, Eva Zorková

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

This article critically discusses how legal frameworks in the Czech Republic and Poland correspond to the requirements of ECN+ Directive with regard to the powers of NCAs. For that purpose, the authors analyse the obligations of EU Member States – within this scope – under this directive, as well as legal frameworks in the Czech Republic and Poland. Subsequently, the article compares the manner of regulating these issues in the national legal orders of these countries to the standard required by ECN+ Directive. The aim of this publication is to verify whether, and how, these two EU Member States meet …

Commentary To The Judgment Of The Court Of Justice In Case C-721/20 Db Station & Service, Anna Kutyłowska

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

This commentary concerns the judgment of the Court of Justice in Case C-721/20 DB Station & Service. It also discusses other jurisprudence of the Court of Justice related to the indicated proceedings, as well as relevant provisions of the EU regulation of the rail transport sector and EU competition law. The commentary covers issues related to access to service facilities as well as rail-related services.

Table Of Contents

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

Table of contents

Legitimacy And Online Proceedings: Procedural Justice, Access To Justice, And The Role Of Income, Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy

Law & Economics Working Papers

Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established elements of procedural-justice perceptions, a primary predictor of how people view the legal system’s legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural-justice and access-to-justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as …

Intersection Of U.S. Patents And Space Law – How Infringement Exists Among The Stars, Perez, Erik I.

Santa Clara High Technology Law Journal

With the recent proliferation of the commercialization of space, private entities are beginning to race towards the sky. Increased use of privatized money in space has greatly increased the probability of intellectual property used outside the bounds of the United States on the terrestrial Earth. Current literature has analyzed certain aspects of international space treaties but very few have proposed solutions to combatting space travel. Current literature has not proposed any solutions to the current evolution and explosion of space travel. This paper reviews the past historical analysis from previous authors, looks forward to the proliferation of privatized space travel, …

The Scope Of Duties And Powers Of The ‘Searching Authority’ And The ‘Searched Entity’ During The Search Process Initiated By The President Of Uokik – Discussion Of The Order Of Sokik (The Polish Competition Court) Of 22 November 2022 In Case Xvii Amz 92/22, Marcin Kulesza

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

The article presents a discussion of the order of SOKiK (the Polish Competition Court) of 22 November2022 in Case XVII Amz 92/22 which dismissed the complaint made by the searched party against UOKiK’s search activities, concerning the compatibility of the evidence obtained within the scope of the search, the possibility for the searched party to record the search activities (including from the point of view of the protection of third parties by the searchers), and the interference with the operation of the searched party by securing the necessary equipment and access to e-mail. The ruling may be relevant from the …

Commission’S Current Approach To Vertical Restraints In Light Of Regulation 2022/720 And Its Accompanying Guidelines, Jarosław Łukawski

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

Agreements concluded between undertakings operating at different levels of trade, for the purpose of distributing goods or services, constitute one of the most often used agreements in the economic environment. The commonness of these types of agreements explains why antitrust assessment of certain clauses contained therein is of fundamental importance for business practice. The scale on which distribution agreements are concluded was one of the reasons why, as early as 1965, certain types of distribution agreements were exempted under EU competition law from the prohibition of entering into competition restricting agreements. The approach to the assessment of such agreements has …

Between Chicago And Post-Chicago. Should The Eu Non-Horizontal Merger Guidelines Be Revised?, Łukasz Grzejdziak

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

The assessment of vertical mergers is largely based on the paradigms of the Chicago school of law and economics. Its proponents emphasize the positive effects that such concentrations have on competition, while downgrading the signifi cance of their possible anti-competitive consequences. They believed that vertical mergers inevitably lead to economic effi ciencies, including the elimination of double marginalization. The current approach of competition authorities to vertical concentrations is now criticized on both sides of the Atlantic for being too lenient, and inconsistent with the contemporary economics scholarship. In the United States, this criticism resulted in the adoption, in 2020, by …