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Articles 301 - 330 of 382
Full-Text Articles in Legislation
Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson
Congress As A Catalyst Of Patent Reform At The Federal Circuit, Jonas Anderson
Scholarly Articles in Law Reviews & Journals
The U.S. Court of Appeals for the Federal Circuit is the dominant institution in patent law. The court’s control over patent law and policy has led to a host of academic proposals to shift power away from the court and towards other institutions, including the U.S. Supreme Court, the U.S. Patent and Trademark Office, and federal district courts. Surprisingly, however, academics have largely dismissed Congress as a potential institutional check on the Federal Circuit. Congress, it is felt, is too slow, too divided, and too beholden to special interests to effectively monitor changes in innovation and respond with appropriate reforms. …
From Revolutionary To Palace Guard: The Role And Requirements Of Intermediaries Under Proposed Regulation Crowdfunding, Andrew D. Stephenson, Brian R. Knight, Matthew Bahleda
From Revolutionary To Palace Guard: The Role And Requirements Of Intermediaries Under Proposed Regulation Crowdfunding, Andrew D. Stephenson, Brian R. Knight, Matthew Bahleda
Michigan Business & Entrepreneurial Law Review
Intermediaries in securities crowdfunding face significant requirements as a result of the statutory mandates of Title III of the JOBS Act. The SEC, in its proposed rules, provided structure to these requirements. The proposed rules would create strict requirements for intermediaries regarding their relationships with investors and how they undertake crowdfunding transactions under Section 4(a)(6) of the Securities Act. The proposed rules would also create and establish the guidelines for funding portals, a new type of limited purpose securities broker. While some commentators decry the SEC for placing undue burdens and legal liabilities on intermediaries in securities crowdfunding, the SEC …
The Jobs Act Trojan Horse: A Gift To Startups With Something Else Inside?, Erik Gordon
The Jobs Act Trojan Horse: A Gift To Startups With Something Else Inside?, Erik Gordon
Michigan Business & Entrepreneurial Law Review
This Comment will analyze which provisions of the Act are consistent with the purpose that sponsors would have the public believe, that emphasized by the name “JOBS Act,” and distinguish them from those provisions that serve as menacing soldiers hidden under the cover of a name that diverts attention from the Act’s true purpose.
Power Games, Aneil Kovvali
Power Games, Aneil Kovvali
Michigan Law Review First Impressions
According to the traditional account, Congress has the "necessary constitutional means and personal motives to resist encroachments" by the president. As commentators have recognized, however, the traditional account does not match reality. Individuals in Washington, D.C., are more interested in fighting for their political party than for their branch of government, and the essentially reactive legislative branch lacks the capacity to respond to a rapidly changing policy environment. But the traditional account suffers from a more basic flaw. The president can decide whether or not to cooperate with Congress on a situation-by-situation basis. By contrast, Congress's tools for disciplining the …
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
A Material World: Using Trademark Law To Override Copyright's First Sale Rule For Imported Copies, Mary Lafrance
Michigan Telecommunications & Technology Law Review
When the Supreme Court held that the first sale rule of copyright law permits the unauthorized importation and domestic sale of lawfully made copies of copyrighted works, regardless of where those copies were made, copyright owners lost much of their ability to engage in territorial price discrimination. Publishers, film and record producers, and software and videogame makers could no longer use copyright law to prevent the importation and domestic resale of gray market copies, and therefore could no longer protect their domestic distributors against competition from cheaper imported copies. However, many of these copyright owners can take advantage of a …
Reviving Legislative Generality, Evan C. Zoldan
Reviving Legislative Generality, Evan C. Zoldan
Marquette Law Review
The Supreme Court does not recognize a constitutional principle disfavoring special legislation, that is, legislation that singles out identifiable individuals for benefits or harms that are not applied to the rest of the population. As a result, both Congress and state legislatures routinely enact special legislation despite the fact that it has been linked to a variety of social harms, including corruption and the exacerbation of social inequality. But the Court’s weak protections against special legislation, and the resulting harms, are not inevitable. Instead, special legislation can be limited by what may be called a value of legislative generality, that …
A Better Defense Of Big Waiver: From James Landis To Louis Jaffe, Yair Sagy
A Better Defense Of Big Waiver: From James Landis To Louis Jaffe, Yair Sagy
Marquette Law Review
This Article is a rejoinder to Professors David J. Barron and Todd D. Rakoff’s article, In Defense of Big Waiver, recently published in the Columbia Law Review. “Big Waiver” provisions, which figure prominently in the “No Child Left Behind” and the “Obamacare” legislation, authorize administrative agencies to displace the regulatory baseline established by Congress. Propounding a defense of big waiver statutory provisions, Barron and Rakoff ground their argument in James Landis’s seminal work, The Administrative Process. This Article shows, however, that Barron and Rakoff’s defense is misguided because it ignores Landis’s work’s focal point, the concept of administrative expertise, which …
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Constitutional Conflict And Congressional Oversight, Andrew Mccanse Wright
Marquette Law Review
In matters of oversight, Congress and the President have fundamentally incompatible views of their institutional roles within the constitutional structure. This Article offers an explanation of divergent branch behavior and legal doctrine. Congress, much like a party to litigation, views itself as having fixed substantive rights to obtain desired information from the Executive and private parties. In contrast, the Executive views itself like a party to a business transaction, in which congressional oversight requests are the opening salvo in an iterative negotiation process to resolve competing interests between co-equal branches. In general, legislators want to litigate and executive officers want …
Fictions Of Omniscience, Karen Petroski
Fictions Of Omniscience, Karen Petroski
Kentucky Law Journal
Recent studies of the legislative process have questioned the rationales for many principles of statutory interpretation. One of those traditional rationales is the so-called fiction of legislative omniscience, thought to underlie many judicial approaches to statutory decisions. This Article presents the first comprehensive analysis of judicial assertions about legislative awareness and proposes a different way of understanding them. The proposed perspective compares fictions of legislative omniscience with similar but more widely accepted imputations of knowledge in other areas of law; it also draws on recent findings from other disciplines on the use and comprehension of statements about fictional situations. The …
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
In The Debt We Trust: The Unconstitutionality Of Defaulting On American Financial Obligations, And The Political Implications Of Their Perpetual Validity, Zachary K. Ostro
Student Articles and Papers
Starting in August 2011, America has undergone a series of fiscal and political crises surrounding the threat of defaulting on the national debt and the need to raise the debt ceiling. These crises have caused tremendous stress and irreparable harm to our financial markets and political system, causing a downgrade in United States debt for the first time in history, forcing drastic budget cuts, and contributing to a sixteen-day government shutdown this past October. What is most unfortunate, however, is that all of this was preventable for the simple reason that, as a matter of constitutional law, defaulting on the …
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
The Right To Digital Privacy: Advancing The Jeffersonian Vision Of Adaptive Change, Kerry Moller
CMC Senior Theses
The relationship between privacy, technology, and law is complex. Thomas Jefferson’s prescient nineteenth century observation that laws and institutions must keep pace with the times offers a vision for change. Statutory law and court precedents help to define our right to privacy, however, the development of new technologies has complicated the application of old precedents and statutes. Third party organizations, such as Google, facilitate new methods of communication, and the government can often collect the information that third parties receive with a subpoena or court order, rather than a Fourth Amendment-mandated warrant. Privacy promotes fundamental democratic freedoms, however, under current …
Misreading Like A Lawyer: Cognitive Bias In Statutory Interpretation, Jill Anderson
Misreading Like A Lawyer: Cognitive Bias In Statutory Interpretation, Jill Anderson
Faculty Articles and Papers
Statutory interpretation dilemmas arise in all areas of law, where we often script them as scenes of conflict between a statute's literal text and its animating purpose. This Article argues that, for an important class of disputes, this supposed discord between text and purpose is an illusion. In fact, lawyers are overlooking ambiguities of literal meaning that align well with statutory purpose. The form of ambiguity in question inheres not in individual words, but at the level of the sentence. What triggers a split in readings are verbs that linguists classify as "opaque," which are perfectly common in legal texts: …
Amending The Economic Espionage Act To Require The Disclosure Of National Security-Related Technology Thefts, David Orozco
Amending The Economic Espionage Act To Require The Disclosure Of National Security-Related Technology Thefts, David Orozco
Catholic University Law Review
No abstract provided.
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Joint Works Under United States Copyright Law: Judicial Legislation Through Statutory Misinterpretation, Michael B. Landau
Faculty Publications By Year
No abstract provided.
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
The Case For Mandatory Training On Screening For Domestic Violence In The Wake Of The Affordable Care Act, Nat Stern, Karen Oehme
Scholarly Publications
No abstract provided.
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Code Is Law, But Law Is Increasingly Determining The Ethics Of Code: A Comment, Jonathon Penney
Articles, Book Chapters, & Popular Press
“Code is Law”, the aphorism Larry Lessig popularized, spoke to the importance of computer code as a central regulating force in the Internet age. That remains true, but today, overreaching laws are also increasingly subjugating important social and ethics questions raised by code to the domain of law. Those laws — like the CFAA and DMCA — need to be curtailed or their zealous enforcement reigned; they deter not only legitimate research but also important related social and ethics questions. But researchers must act too: to re-assert control over the social, legal, and ethical direction of their fields. Otherwise, law …
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Extraterritorial Impacts Of Recent Financial Regulation Reforms: A Complex World Of Global Finance, Lawrence G. Baxter
Extraterritorial Impacts Of Recent Financial Regulation Reforms: A Complex World Of Global Finance, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer
From Contract To Legislation: The Logic Of Modern International Lawmaking, Timothy Meyer
Faculty Scholarship
The future of international lawmaking is in peril. Both trade and climate negotiations have failed to produce a multilateral agreement since the mid-1990s, while the U.N. Security Council has been unable to comprehensively respond to the humanitarian crisis in Syria. In response to multilateralism's retreat, many prominent commentators have called for international institutions to be given the power to bind holdout states-often rising or reluctant powers such as China and the United States-without their consent. In short, these proposals envision international law traveling the road taken by federal systems such as the United States and the European Union: from contractual …
Fiscal Illusion, Taxpayer Disconnect, And A Flawed Tax System: Catalysts For Income Tax Reform, Timothy Hurley, Katherine Hetherington
Fiscal Illusion, Taxpayer Disconnect, And A Flawed Tax System: Catalysts For Income Tax Reform, Timothy Hurley, Katherine Hetherington
Barry Law Review
No abstract provided.
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Say “No” To Nota: Modifying Florida’S Organ Donation Policy Through Government Regulation Of Donor Incentives?, Rachel A. Mattie
Barry Law Review
No abstract provided.
School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron
School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron
Faculty Works
No abstract provided.
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher
Scholarly Works
No abstract provided.
Standing At A Constitutional Divide: Redefining State And Federal Requirements For Initiatives After Hollingsworth V. Perry, Scott L. Kafker, David A. Russcol
Standing At A Constitutional Divide: Redefining State And Federal Requirements For Initiatives After Hollingsworth V. Perry, Scott L. Kafker, David A. Russcol
Washington and Lee Law Review
In Hollingsworth v. Perry, the Supreme Court denied standing to proponents of the California initiative prohibiting same-sex marriage, who wished to appeal a federal district court judge’s decision declaring the initiative unconstitutional. As suggested by the dissent, Hollingsworth has severe consequences for the twenty-four states in which the people can bypass elected officials and legislate directly through the initiative. The Supreme Court has established a clear constitutional divide between state and federal standing requirements for initiatives. Whereas states provide generous standing to proponents so officials do not exclusively control the defense of the people’s initiative process, the Supreme Court …
Speaking Of Science: Introducing Notice And Comment Into The Legislative Process, Gregory Dolin
Speaking Of Science: Introducing Notice And Comment Into The Legislative Process, Gregory Dolin
Utah Law Review
Congress enacts, on a nearly continuous basis, a variety of laws that affect scientific research and progress. Some of these laws have an unquestionably positive effect. For instance, Congress’s creation of the National Institutes of Health, the National Academy of Sciences, and NASA; its various appropriations to fund ground-breaking research; and a multitude of other laws have incalculably advanced human knowledge, and it is to Congress’s great credit that these laws have been and are continuing to be enacted. However, not all laws that affect the progress of sciences are an unalloyed good. Quite the opposite, often the laws aim …
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Unclaimed Remains And Next Of Kin: A New Path To The Final Resting Spot, W. Scott Johnson Esquire
Richmond Public Interest Law Review
In response to requests from health care facilities, law enforcement agencies, and funeral service establishments, Senator Kenny Alexander (DNorfolk) convened a workgroup of stakeholders to rewrite the statutes dealing with unclaimed remains and next of kin. In addition to serving the General Assembly, Senator Alexander owns several prominent funeral service establishments and is a funeral service licensee. His experience proved invaluable to the process. The stakeholder meetings began in the fall of 2013 and culminated in the introduction of Senate Bill 304 in the 2014 Session of the Virginia General Assembly. The bill passed without a single negative vote through …
Overrides: The Super-Study, Victoria Nourse
Overrides: The Super-Study, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
Overrides should be of interest to a far larger group of scholars than statutory interpretation enthusiasts. We have, in overrides, open inter branch encounters between Congress and the Courts far more typically found in the shadows of everyday Washington politics. Interestingly, Christiansen and Eskridge posit the court-congress relationship as more triadic than dyadic given the role played by agencies. One of their more interesting conclusions is that agencie are the big winners in the override game: agencies were present in seventy percent of the override cases and the agency view prevailed with Congress and against the Supreme Court in three-quarters …