Law Commons^™

Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard

Chicago-Kent Journal of Intellectual Property

Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents (“SEPs”) governed by a commitment to license on Fair Reasonable and Non Discriminatory (“FRAND”) terms. The paper finds that FRAND rules generally surpass standards, but only under specific conditions.

Table Of Contents, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Exception Of Unconstitutionality’S Conditions And Procedures On The Light Of Fundamental Law 22-19 That Determines The Procedures And Modes Of Notification And Referral Before The Constitutional Court, Nawel Lasledj, Lamia Hamamda

Journal of Police and Legal Sciences

As part of enhancing and activating the oversight of the constitutionality of laws in Algeria, the constitutional legislator introduced a new mechanism for challenging the constitutionality of laws called "the referral of unconstitutionality" in the constitutional amendment of 2016. This mechanism allows individuals to challenge the constitutionality of legislative provisions that violate rights and freedoms guaranteed by the constitution before the judiciary, which in turn refers them to the Constitutional Council if the conditions set forth in the constitutional amendment of 2016 and the organic law 18-16 on the procedures and methods of referral of unconstitutionality are met. Due to …

Firearm Deaths Of American Minors: Perceptions Vs. Facts, Andrew L. Goddard

Richmond Public Interest Law Review

Firearm violence is now the leading cause of death for Americans under the age of eighteen. This article demonstrates that widely held misconceptions about the true nature and extent of this violence have led to legislative proposals narrowly tailored toward firearm violence in schools, despite facts and data showing school firearm violence to be a small fraction of the problem. These misconceptions are caused by both the narrow focus of national media attention and the deceptive propaganda of the gun industry. The article concludes by examining several bills proposed during the Virginia General Assembly session of 2022 to show how …

From Ban To Approval: What Virginia's Facial Recognition Technology Law Gets Wrong, Alison Powers, Korica Simon, Jameson Spivack

Richmond Public Interest Law Review

Face recognition technology (FRT), in the context of law enforcement, is a complex investigative technique that includes a delicate interplay between machine and human. Compared to other biometric and investigative tools, it poses unique risks to privacy, civil rights, and civil liberties. At the same time, its use is generally unregulated and opaque. Recently, state lawmakers have introduced legislation to regulate face recognition technology, but this legislation often fails to account for the complexities of the technology, or to address the unique risks it poses. Using Virginia’s recently passed face recognition law and the legislative history behind it as an …

State Of Utah, Plaintiff/ Respondent, V. William Torres-Orellana, Defendant /Petitioner : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

On Writ of Certiorari from the opinion of the Utah Court of Appeals, State v. Torres-Orellana, 2021 UT App 75 (issued July 9, 2021)

David A. Simpson, Sean Reyes, Counsel for Respondent

Emily Adams, Freyja Johnson, Cherise Bacalski, Counsel for Petitioner

2021 Redistricting In Virginia: Evaluating The Effectiveness Of Reforms, Alex Keena

Richmond Public Interest Law Review

The redistricting cycle that followed the 2020 census provided the first test of Virginia’s redistricting reforms that were enacted when voters approved the constitutional amendment in the 2020 General Election. The centerpiece of these reforms is the bipartisan Virginia Redistricting Commission, comprised of eight citizen and eight legislator members. This article details how the 2021 redistricting occurred under the new reforms, and it evaluates the maps that were ultimately approved.

While the selection of the commissioners unfolded successfully and in accordance with the law, the work of the commission was mired by partisan fighting and dysfunction. Nevertheless, a statistical analysis …

Progress Interrupted: Virginia's Hesitant Movement To Landlord-Tenant Reform, Martin D. Wegbreit

Richmond Public Interest Law Review

In 2018, Virginia’s eviction crisis received national attention. Over the next three legislative sessions in 2019, 2020, and 2021, more than two dozen laws were enacted—a few on a temporary basis but most on a permanent basis—to be more fair, favorable, and friendly to tenants. The COVID-19 pandemic resulted in the Virginia Governor declaring a State of Emergency on March 12, 2020—the final day of the Regular Session of the Virginia General Assembly. The pandemic added urgency to an already accelerating movement toward landlord-tenant reform which had mustered bipartisan support. That progress dramatically halted in the 2022 Regular Session of …

Ending Race-Based Pretextual Stops: Strategies For Eliminating America's Most Egregious Police Practice, Bradley R. Haywood

Richmond Public Interest Law Review

Pretextual policing is the practice of stopping motorists or pedestrians for minor offenses like traffic infractions in hopes of learning that the person stopped has committed a more serious crime. Pretextual policing is also the main reason Black Americans are so much more likely than white Americans to be subjected to encounters with law enforcement. Shockingly, even in its most explicitly racist form, pretextual policing does not violate the Fourth Amendment’s proscription against unreasonable searches and seizures. In fact, police can pull a driver over merely because he is Black without violating the Fourth Amendment, so long as the officer …

The Voting Rights Act Of Virginia: Overcoming A History Of Voter Discrimination, Senator Jennifer L. Mcclellan

Richmond Public Interest Law Review

While Virginia is the birthplace of American democracy, it has struggled with ensuring the voting rights of all of its citizens for over 400 years. For most of that history, voting rights only expanded in Virginia in response to federal action in the wake of the Civil War, and contracted in response to federal inaction. This article chronicles the history of voting rights in Virginia, from the birthplace of American democracy in Jamestown and its influence on the United States Constitution, its efforts to expand and restrict voting rights, to becoming a leader in the South with the Voting Rights …

Virginia Tax Re-Structuring: 100 Years Ago, 50 Years Ago, And Now, Vivian E. Watts

Richmond Public Interest Law Review

Virginia’s state and local financing structure is under pressure. Aged schools have fallen into disrepair in localities without a tax base to back capital improvement bonds. Virginia’s commitment in the wake of Brown v. Board of Education to fund equal public education opportunity for all has eroded. As the dominate source of local government funding, the real estate tax adds to housing costs, consuming the largest share of household budgets. This article discusses current and historic Virginia debates on tax equity, economic sustainability, program ramifications, and non-resident cost-sharing. It raises questions about the widening income gap and changes in business …

Norm C. Mayhew, Petitioner / Appellant V. Utah Labor Commission, Darrell W. Anderson Construction, Inc, And/Or Workers Compensation Fund, Respondents / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Michele L. Halstenrud, Hans M. Scheffler, Attorneys for Respondents/ Appellees Darrell W. Anderson Construction, Inc. and Worker's Compensation Fund, Christopher C. Hill, Attorney for Respondent / Appellee Utah Labor Commission

Michael Gary Belnap, Virginius Dabney, Stony V. Olsen, Attorneys for Petitioner/Appellant Norm C. Mayhew

Norm C. Mayhew, Petitioner / Appellant V. Utah Labor Commission, Darrell W. Anderson Construction, Inc, And/Or Workers Compensation Fund, Respondents / Appellees : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the Labor Commission of Utah

Michele L. Halstenrud, Hans M. Scheffler, Attorneys for Respondents/ Appellees Darrell W. Anderson Construction, Inc. and Worker's Compensation Fund, Christopher C. Hill, Attorney for Respondent / Appellee Utah Labor Commission

Michael Gary Belnap, Virginius Dabney, Stony V. Olsen, Attorneys for Petitioner/Appellant Norm C. Mayhew

Artificial Intelligence Mechanisms In Countering Violent Extremism, Ammar Al-Babli

Journal of Police and Legal Sciences

The research idea revolves around the mechanisms of artificial intelligence in monitoring and combating extremist groups' dissemination of bad, misleading ideas, destructive ideologies, fake images, and videos, especially those related to terrorism and extremism. Artificial intelligence can be used to confront violent extremism on social media platforms. Social media companies widely use artificial intelligence in their efforts to remove and ban terrorist content from their platforms. The research includes threats arising from cyberspace, such as terrorism, promotion, recruitment, exploitation, and hate speech, to random email, as the ultimate goal of terrorists is to undermine societies and political systems by generating …

Proactive Scientific Forecasting Of Cyber Threats, Mohamed Badrat

Journal of Police and Legal Sciences

The cyber globalization has brought about significant transformations in human life. Despite supporting the goals of sustainable development, contributing to the exchange of ideas and beliefs, blending cultures and knowledge, and promoting the trade of goods and services among different peoples of the world, it poses threats to privacy and reduces security. Unethical behaviors and cyber crimes have been prevalent in this widespread and interconnected world, replacing traditional crimes with electronic ones. With the evolution of globalization and technological advancement, cyber threats undermine all avenues of progress and prosperity.

The study adopted a descriptive-analytical methodology to describe and study the …

The Security And Cyber Defence Realities And Difficulties In Algeria, Kada Aicha

Journal of Police and Legal Sciences

This research paper aims to shed light on the digital challenge faced by Algeria as it enters the world of the knowledge society, which qualifies it to achieve cybersecurity and cyber defense against various forms and types of security threats, including cyber threats. The researcher used an analytical approach to understand the phenomenon under study and trace its causes, in addition to a case study method to study all aspects of the studied phenomenon and identify the characteristics of the case study - Algeria was chosen as the analysis unit. The study concluded several important results, including:

The deficiency of …

Law School News: Roger Williams University School Of Law Withdraws From Us News Rankings 1-17-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Ndls Communicator: Week Of 01.17.23, Notre Dame Law School

NDLS Communicator

The Latest News

• ND Law implements new DEI programming series to connect students and law firms
• Program on Church, State & Society helps Christian attorneys through the Legal Vocation Fellowship
• Sam Bray, along with William Baude of the University of Chicago, filled an amicus brief in the Supreme Court last week in a case about President Joe Biden’s student loan forgiveness plan. Although they call the plan “unlawful,” they urge the Supreme Court to reject the legal challenges that have been brought against it.
• Jay Tidmarsh examines how corporations use jurisdictional rules to gain power in his review of the …

Property And Sovereignty In America: A History Of Title Registries & Jurisdictional Power, K-Sue Park

Georgetown Law Faculty Publications and Other Works

This Article tells an untold history of the American title registry—a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on its role in catalyzing property markets, while mostly ignoring their main sources in the colonies -- expropriated lands and enslaved people. This analysis centers the institution’s work of organizing and “proving” claims that were not only individual but collective, to affirm encroachments on tribal nations’ lands and scaffold colonies’ tenuous but growing political, jurisdictional power. In other words, American property and property …

United States Of America As The Global Steward, Grant Fuller

Liberty University Journal of Statesmanship & Public Policy

The principle of subsidiarity states that local communities are best equipped to govern most of their affairs. In an increasingly connected world, this idea gets contested frequently. Since World War II, the world has experienced relative peace due to U.S. precedence. Today, we see U.S. leadership challenged by global players like China, which is doing so in a manner that prioritizes their people and goals. In order to maintain relevance, the United States must revisit trade policy, monetary policy, fiscal policy, and national security policy.

The Consequence Of Final Causality: Competing Views Of Legal Teleology, Jonathan M. Dumdei

Liberty University Journal of Statesmanship & Public Policy

Philosophy of law and legal jurisprudence have received recent attention in the United States due to the significant change in the makeup of the Supreme Court. Historical understanding of the legal philosophies that have influenced the U.S. and the ancient principles upon which they are built must of necessity be properly assessed. This thesis proposes that Aquinas’s conception of Natural Law as the basis for legal teleology provides a superior grounding for American jurisprudence than the theories of legal positivism and critical legal theory due to the superiority of Natural Law’s integration of ultimate final causes. Through a survey of …

Mmu: 01/16/23–01/22/23, Student Bar Association

Monday Morning Update

This Week @ NDLS

Monday - January 16: (MLK Day) No Class, Day of Service

CLS Prayer Meeting

CDO Events: Research Assistant Information Session.

Gavel Club Meeting (for all NDLS Student Clubs)

Mass Times

Commons Daily Menu

General Announcements

Kresge Law Library: Westlaw Precision

Intro to Financial Restructuring & Insolvency with White & Case

Financial Wellness Week: January 23-27

Vol. 64, No. 01 (January 16, 2023)

Indiana Law Annotated

No abstract provided.

The Legislative Graveyard: A Review Of Virginia's 2022 Regular General Assembly Session, Kaylin Cecchini, Haley Edmonds

Richmond Public Interest Law Review

In 2019, Democrats won a majority in the House of Delegates and the Senate, and the Commonwealth was led by a Democratic Governor. The Democrats’ majority trifecta, which they had obtained for the first time since 1992, was once again lost on November 2, 2021, when Virginians voted to renew the Republican leadership in the Office of the Governor and in the House of Delegates. Under this once again bifurcated, yet unusually polarized, assembly, legislators on either side of the political aisle faced an uphill battle getting legislation passed, with the majority of bills ending in a stalemate. As a …

Regulatory Sandboxes Enable Pragmatic Blockchain Regulation, Joshua Durham

Washington Journal of Law, Technology & Arts

Since blockchain technology supports digitally-native money, the centralized chokepoints that governments have traditionally targeted to regulate commerce no longer apply to our (digital) property. However, competent regulation furthers basic public policy goals and should enable responsible innovation of this promising technology. This Article discusses pragmatic policies that enable responsible innovation by cultivating regulatory expertise required to write enforceable rules. Responsible innovation is necessary because unlike the early internet, where programmers could manipulate simple colors and text on webpages, these same individuals can now create financial services applications that manipulate actual money—we are faced with an inescapable reality that more is …

Table Of Contents

Washington Journal of Law, Technology & Arts

Table of Contents

Prefatory Matter

Richmond Public Interest Law Review

No abstract provided.

Letter From The Editor, Carley Ruival

Richmond Public Interest Law Review

No abstract provided.

“This Artwork Is Always On Sale”: The Need For A U.S. Resale Royalty Right For Digital Visual Artists In This Technological Age, And Proof Of Concept Through The Blockchain And Nfts Explosion, Janae Camacho

Washington Journal of Law, Technology & Arts

With the explosion of the internet, social media, non-fungible tokens (“NFTs”), and blockchain technology, there has been a shift in how people consume and commercialize art, thus resulting in the increased use of digital visual mediums to create, purchase, and receive payment for visual artwork. This increase has renewed the question of whether the United States should implement a resale royalty right for visual work artists. This question is of concern, especially in this digital age where it has become more difficult for digital visual artists to receive equitable compensation for their work, like that of their musical and written …

Nonobvious Design, Mark Bartholomew

Journal Articles

To earn patent protection, a claimed product design must be “nonobvious.” Yet while nonobviousness has been described as “the heart” and “cornerstone” of the utility patent system, in the design patent context, the term has become next to useless. Instead of actually policing nonobviousness in design, modern courts grant patent rights to any work that is not an exact replica of another. The problem, judges maintain, is that comparing one visual design against another demands the use of aesthetic judgment and aesthetic judgment is an instinctual, subjective process incapable of legal definition. Recent neuroscientific studies of aesthetic judgment dispel some …