Law Commons^™

United States National Science Foundation Response To The Office Of Science And Technology Policy Memo, 2022: Public Access Plan (February 2023)

Copyright, Fair Use, Scholarly Communication, etc.

NSF response to OSTP memo, 2022: Public Access Plan (February 2023)

Crypto Assets And The Problem Of Tax Classifications, Eric D. Chason

Faculty Publications

To date, Internal Revenue Service (I.R.S.) guidance on cryptocurrencies has been thin. When the I.R.S. has issued guidance, it occasionally mishandles the technical details (such as confusing air drops and hard forks). More personnel (and personnel with greater technical expertise) would allow the I.R.S. to keep pace with the explosive growth of cryptocurrency. Nevertheless, the I.R.S. could better leverage its existing resources by focusing on select issues and seeking enabling legislation from Congress. Specifically, the I.R.S. should focus on crypto issues occurring on a system-wide basis and not requiring taxpayer-specific considerations.

For example, determining whether Bitcoin is a “security” under …

Political Risk Management, Omari Scott Simmons

William & Mary Law Review

The COVID-19 pandemic and social unrest have focused considerable corporate attention on political risk. The disruptions to company operations are voluminous and diverse: entertainment and hospitality industry closures, airline industry cancellations, eviction moratoriums in residential real estate, international trade interruptions, manufacturing supply shortages, employee vaccination mandates, and ride-hailing service restrictions. Enterprise risk management (ERM) is the mechanism through which boards and their respective firms can manage complex political risks. In the current business climate, more companies should emphasize and integrate political risk oversight in their ERM programs. Although neglecting political risk may not trigger legal liability from regulators or courts, …

Stigma In The Statute: When The Language Of The Law Injures, Stacey A. Tovino

William & Mary Law Review

Jurists frequently consider the extent to which a writer’s or speaker’s harmful statements may be actionable under the law. But what should be done when the law itself contains harmful language? Consider the case of individuals with alcohol use disorder (AUD). Hundreds of federal and state statutes refer to these individuals as “addicts,” “abusers,” “alcoholics,” “drunkards,” “inebriates,” and “intemperates.” These statutes exist notwithstanding research showing that these words provoke negative thinking by others, including thinking that individuals with AUD are more deserving of punishment and less deserving of treatment. These laws persist in the face of research showing that these …

Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record, Carly Laforge

William & Mary Law Review

This Note argues that this particular finding of the Frasier court is both pragmatically and philosophically problematic. By design, the qualified immunity doctrine seeks to shield police officers from civil rights lawsuits. However, prioritizing assumed knowledge over actual knowledge in determining what qualifies as a clearly established constitutional right harms the citizens that law enforcement officers have sworn to protect and serve. While traditional delineations of clearly established rights have involved appeals to precedent, public policy concerns are also important considerations in the qualified immunity analysis. In this way, Frasier is especially concerning in that it prioritizes the total defense …

Justice Alito's Laundry List: Highlights From Appendix C Of Bostock And A Roadmap For Lgbtq+ Legal Advocates, Peter Quinn

William & Mary Law Review

After a brief background on Bostock [v. Clayton County] in Part I, the bulk of this Note seeks to examine Justice Alito’s Bostock dissent and its potential future usefulness for LGBTQ+ advocates. Part II will analyze Justice Alito’s dissent and Appendix C, arguing that his concerns about Bostock’s consequences across other federal statutes fall into three primary categories of usefulness. The remaining Parts will survey these categories, including the “small potatoes” in Part III, the “blockbusters” in Part IV, and the “under-the-radar” areas in Part V. Part V takes particular notice of potential applications of Bostock’s …

Co-Authorship Between Photographers And Portrait Subjects, Molly Torsen Stech

Vanderbilt Journal of Entertainment & Technology Law

work with the intent of merging their contributions into inseparable or interdependent parts of a unitary whole, the authors are considered joint authors. For photographic works, judicial precedent establishes that the creative contributions necessary to support a copyright claim include the author’s choices concerning elements such as lighting, pose, garments, background, facial expression, and angle. In many visual works, however, those creative elements are determined not solely by a photographer, but also by the subject, who can sulk or smile, stand with good posture or stoop, and be situated in full light or obfuscated by shadow, among many other options. …

The Data Trust Solution To Data Sharing Problems, Kimberly A. Houser, John W. Bagby

Vanderbilt Journal of Entertainment & Technology Law

A small number of large companies hold most of the world’s data. Once in the hands of these companies, data subjects have little control over the use and sharing of their data. Additionally, this data is not generally available to small and medium enterprises or organizations who seek to use it for social good. A number of solutions have been proposed to limit Big Tech “power,” including antitrust actions and stricter privacy laws, but these measures are not likely to address both the oversharing and under-sharing of personal data. Although the data trust concept is being actively explored in the …

How Free Should A Freeport Be?: Reducing Money Laundering In The Art Market Through Freeport Regulation, Cates Grier Saleeby

Vanderbilt Journal of Entertainment & Technology Law

The tax incentives that luxury freeports provide have created opportunities for money laundering and other forms of financial crime through the sale of art. The use of such institutions in combination with the anonymity that art transactions allow can create a series of transactions that are difficult to track, making the market ripe for corrupt behavior. Legislation like the Anti-Money Laundering Act, the Bank Secrecy Act, and the Money Laundering Control Act have helped reduce financial crime, but an approach more narrowly tailored to the art market and the freeports that enable its high value sales would further the goals …

Recognizing The Right To Family Unity In Immigration Law, Eugene Lee

Michigan Law Review

The Trump Administration’s travel ban and separation of families at the U.S.- Mexico border drew newfound attention to the constitutional due process right to family unity. But even before then, the right to family unity has had a substantial history. Rooted in the Supreme Court’s line of privacy rights cases, the right to family unity is amorphous. This ambiguity has given rise to disagreement regarding not only legal doctrine surrounding the right but also whether the right even exists. This Note clarifies this disagreement by offering a historical account of the right to family unity and an overview of three …

The Interfaith Dental Program Of Michigan, William J. Danaher, Jr M.Div, Phd

The Journal of the Michigan Dental Association

In the wake of the fall of Kabul in August 2021, hundreds of thousands of Afghan refugees found temporary shelter at American airbases, prompting non-profit organizations and faith communities to assist in their resettlement. The Rev. Dr. William J. Danaher Jr. details the efforts of Christ Church Cranbrook and the Muslim Unity Center in Michigan to address the healthcare needs of Afghan refugees, particularly in dental care. Facing language and cultural barriers, they established an Interfaith Refugee Dental Program that successfully provided critical dental services to these refugees. The program's collaborative and humanitarian approach has improved the refugees' well-being and …

Advocacy Spotlight: The Mda Grassroots Program: Advocacy That Works!, Neema Katibai Jd

The Journal of the Michigan Dental Association

The Michigan Dental Association's (MDA) Grassroots Legislative Advocacy Program, launched in 2011, continues to thrive, with active member participation in 2022. Over 145 MDA members and legislator contacts at 23 events showcased the program's effectiveness. Connecting members with their legislators fosters personal connections, reinforces the MDA as a dental resource, and offers a unique local perspective on key issues. With many new legislators taking office in 2023, the grassroots program will remain vital in the MDA's advocacy efforts. The facing page provides a description of the MDA 2023 legislative priorities.

Dentistry And The Law: Terminating The Dentist-Patient Relationship And Avoiding Abandonment, Dan Schulte Jd

The Journal of the Michigan Dental Association

This month’s Dentistry and the Law column addresses the ethical termination of the dentist-patient relationship, discussing how to terminate a challenging patient-dentist relationship. Dentists have an ethical and legal obligation to end the relationship appropriately, and abrupt termination can lead to claims of "abandonment." To safeguard against such claims, dentists should provide reasonable notice, offer emergency services, facilitate referrals, and ensure the completion of ongoing treatment. While claims of patient abandonment are rare, proactive termination before critical treatment needs arise is advised.

J Mich Dent Assoc February 2023

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members across the state. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A feature on the Interfaith Dental Refugee Program of Michigan
• Commentary on what makes membership matter and the ADA marketing shift on the value of membership.
• Complete details on the 2023 MDA Annual Session
• News you need, Editorial, and regular department articles on Dentistry and the Law, Staff Matters, and Advocacy.

Cryptocurrencies And Climate Change: A Net-Zero Paradox, Jason Maclean

Canadian Journal of Law and Technology

Cryptocurrencies pose a number of complex law and policy problems, the most pressing of which are the industry’s climate and environmental impacts. This article examines the climate and environmental impacts of crypto-assets in the broader law and policy context of the UN Paris Agreement and the global goal of reaching net-zero emissions by 2050 or earlier. This approach not only illuminates the limitations and paradoxical nature of the crypto-industry’s climate commitments, but also the limitations and paradoxical nature of ‘‘net zero” itself as the predominant framing of national, subnational, and nonstate actors’ climate pledges. The article concludes by examining the …

Biotechnology Patent Law Top Ten Of 2021. Experimentation, Blaze Marks, And Unspecified Ranges, Noonan, Kevin E., Torrance, Andrew W.

Santa Clara High Technology Law Journal

Biotechnology has never demonstrated its benefits to society more than in 2021. The SARS-CoV-2 virus that caused the CoVID-19 pandemic met a formidable opponent in mRNA vaccines developed and supplied by Moderna and Pfizer/BioNTech. These vaccines are claimed in myriad – not Myriad – patents and patent applications, many of which are destined to be litigated over the coming years, not least inspired by the many billions of dollars that have been, and will continue to be, earned by their owners. While the world waits for this storm of patent litigation, federal courts continue to be busy with ownership, licensing, …

Table Of Contents - Cardozo Law Review, Volume 44, Issue 3

Cardozo Law Review

No abstract provided.

Bond Conditions As Fourth Amendment Seizures, Rebecca Laden

Cardozo Law Review

No abstract provided.

From The Neck Up, Christopher J. Smiley

The Journal of the Michigan Dental Association

This editorial emphasizes integrating behavioral health into dentistry for comprehensive patient care. It highlights evidence-based approaches showing positive outcomes of behavior change techniques in oral hygiene and smoking cessation. However, implementing behavioral change models in clinical dental care faces challenges, such as reimbursement issues and concerns about disrupting the patient-dentist relationship. The editorial suggests enlisting outside resources and fostering collaboration between oral and mental health professionals to address patients' overall health needs. Policy initiatives are seen as a promising avenue for advancing this integration.

أثر استخدام تقنیة الاتصال عن بعد في المحاكمات الجزائیة على ضمانتي العلنیة والشفویة: دراسة مقارنة, الیازیة راشد السبوسي

Theses

Remote litigation is an application of modern technology that countries have established and added to the judicial system. Remote attendance appeared more at the time of the Corona pandemic, as the countries that had not previously used modern means in their judicial system have begun to advance it, and this is in contrast to the countries that used this system before the emergence of this pandemic. Among the pioneering countries in using remote communication technology is the UAE, where it started using this technology in 2017, that is three years before the pandemic, when the legislator enacted a special law. …

Privacy And/Or Trade, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

International privacy and trade law developed together, but now are engaged in significant conflict. Current efforts to reconcile the two are likely to fail, and the result for globalization favors the largest international companies able to navigate the regulatory thicket. In a landmark finding, this Article shows that more than sixty countries outside the European Union are now evaluating whether foreign countries have privacy laws that are adequate to receive personal data. This core test for deciding on the permissibility of global data exchanges is currently applied in a nonuniform fashion with ominous results for the data flows that power …

Just Kidding? The Problem Of Unenforceable Waivers Of Liability, Anthony J. Sebok

Articles

No abstract provided.

Mitigating Catastrophe Risk For Landowners, Stewart E. Sterk

Articles

Local, national, and global catastrophes entail significant risk for landowners. The government-sponsored National Flood Insurance Program illustrates how subsidizing insurance against catastrophe risk can result in overinvestment in risk-prone properties. Government intervention, however, has largely been a response to the historical failure of the private insurance industry to provide adequate protection against correlated risks, a failure with the potential to generate underinvestment in land and devastate existing owners.

When data is available about the incidence and severity of potential disasters, improvements in technology have made it more feasible for insurers to calibrate premiums and discounts with greater accuracy, and sophisticated …

Crowdsourcing Justice, Matthew Dylag

Canadian Journal of Law and Technology

Social media has become ubiquitous in the daily lives of Canadians. Beyond connecting with friends and family, people also turn to social media to find information and seek advice on any number of topics, be it home cooking, workout routines, or automobile purchases. Indeed, social media is a flexible vehicle that can be leveraged for communication on almost any topic. It is not surprising, therefore, that individuals are also turning to social media to help resolve their legal problems. Even a cursory examination of social media will reveal that it is not uncommon for individuals who are experiencing legal difficulties …

Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau

Canadian Journal of Law and Technology

Many countries are taking a national approach to developing quantum strategies with a strong focus on innovation. However, societal, ethical, legal, and policy considerations should not be an afterthought that is pushed aside by the drive for innovation. A responsible, global approach to quantum technologies that considers the legal, ethical, and societal dimensions of quantum technologies is necessary to avoid exacerbating existing global inequalities. Quantum technologies are expected to disrupt other transformative technologies whose legal landscape is still under development (e.g., artificial intelligence [‘‘AI”], blockchain, etc.). The shortcomings of global policies regarding AI and the digital context teach lessons that …

From Cartier To Codification: Website-Blocking Injunctions And Third-Party Internet Service Provider Respondents, Dan Mackwood

Canadian Journal of Law and Technology

In recent years, the proliferation of commercial-scale copyright infringement through unauthorized online content streaming has created persisting legal hurdles for Canadian rights holders seeking redress. John Doe defendants in online copyright disputes can easily preserve their anonymity and operate their infringing enterprises from unknown locations, undeterred by injunctions issued against them directly. These anonymized administrators of illicit streaming platforms offer users unauthorized access to content for a lower cost than or as a free alternative to the access provided by the legitimate rights holder. This form of copyright infringement has reportedly resulted in up to hundreds of thousands of lost …

Comment: The United Nations And Robot Rights, Heather Alexander

Canadian Journal of Law and Technology

This comment predicts that robot rights under the law are likely to become a reality in the next fifty years, possibly in multiple countries, as governments pass laws granting rights to robots, including civil rights like voting. This comment calls on the United Nations (‘‘UN”) to be pro-active in guiding the emergence of robot rights by convening a working group on robot rights to better guide member states through what will be a time of momentous change.

Why are robots likely to soon gain rights in some UN member states? There have been huge advances in AI that can pass …

Testimony To The Senate Judiciary Committee By The Era Project At Columbia Law School And Constitutional Law Scholars On Joint Resolution S.J.Res. 4: Removing The Deadline For The Ratification Of The Equal Rights Amendment, Katherine M. Franke, Laurence H. Tribe, Geoffrey R. Stone, Melissa Murray, Michael C. Dorf

Faculty Scholarship

The Equal Rights Amendment Project at Columbia Law School (ERA Project) and the undersigned constitutional law scholars provide the following analysis of S.J.Res. 4, resolving to remove the time limit for the ratification of the Equal Rights Amendment (ERA) and declaring the ERA fully ratified.

Allowed To Stay: An Exploration Of Dhs New Guidelines To Dismiss Certain Immigration Cases, Jazmin E. De La Cruz Sanchez

Dissertations, Theses, and Capstone Projects

A new Department of Homeland Security (DHS) guideline issued with the intent of reducing case backlogs has led to the dismissal of many immigrants’ legal proceedings. Having their case dismissed has allowed those immigrants to stay within the United States essentially with no legal status. I argue in this paper that these changes have left many in a state that’s been termed liminal legality. Building on previous research that employs this concept, I specifically argue that being in this position affects one’s employment, income, prospects for upward mobility, and future legal standing. Although this new guideline was created to …

Staying The Course: Toward Strong Hqim Implementation In Delaware, Grace Mccarty, Molly Gurny, Michelle Cao, Alison Drileck, Mahima Golani, Robert Mccarthy, Krista Morales, Nathan Small

Center for Public Research and Leadership

With the implementation of high-quality instructional materials (HQIM) and curriculum-based professional learning, Delaware educators, students, and families have ventured into promising, challenging new territory. HQIM ask a great deal of their users. Educators are called upon to abandon traditional approaches to instruction, allowing kids to loudly drive classroom discourse rather than passively taking notes on teacher lectures. Students are asked to grapple with rigorous, problem-based subject matter that offers no easy answers and requires deep analytical thinking and collaboration. Families are asked to support their children’s learning when the materials and resources that come home may feel unfamiliar and overwhelming. …