Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming,
2025
Seattle University School of Law
Intellectual Property Or Modern Folklore? The Problem With Open Gaming Licenses In Tabletop Gaming, Rosie Midget
Seattle University Law Review
This Note addresses how courts and legislatures should address “Open Gaming Licenses” commonly attached to tabletop roleplaying games (TTRPGs), which game publishers use to promote a false image of accessibility—misleading consumers and building goodwill from the misunderstanding. Part I discusses what TTRPGs are, including the defining features of the hobby and culture surrounding it, as well as the unique interplay between publishers and players. Part II explores the question of which elements in a TTRPG system may be subject to copyright protection. Part III examines these elements in practice using Wizards of the Coast’s Dungeons and Dragons TTRPG as a …
Procedural Justice In Parallel Lawsuits,
2025
Indiana University Robert H. McKinney School of Law
Procedural Justice In Parallel Lawsuits, Sarah Parks
Fordham Law Review
The American public places a high value on access to justice and having the opportunity to be heard. These values can either be upheld or diminished by routine procedural rules. The first-to-file rule is an example of an innocuous procedural rule that is a barrier to justice. Under the first-to-file rule, when two parallel suits are filed in different federal district courts, the first-filed suit will proceed, and the second-filed suit will ordinarily be dismissed or transferred to the venue of the other suit. Transfers often terminate an individual’s case because most people cannot afford to litigate far from home. …
Procedural Political Economy,
2025
University of Richmond School of Law
Procedural Political Economy, Luke P. Norris
William & Mary Law Review
When the Federal Rules of Civil Procedure came into being in 1938, a broad political economy discourse was driving significant legal and policy reform efforts. Legal scholars, economists, political leaders, and others placed questions of economic power and their relationship to democracy at the center of those reform efforts, honing and developing a political economy tradition that is a forebearer to today’s law-and-political economy (LPE) approach. Both then and today, the relationship of civil procedure to these trends has not been fully mined. This Article tells a vital part of that story, tracing the federal civil procedure system’s political economy …
The Ai Input Class: Constitutional Urgency And Fair Licensing In Ai Copyright Class Actions,
2025
University of Washington School of Law
The Ai Input Class: Constitutional Urgency And Fair Licensing In Ai Copyright Class Actions, Xuan-Thao Nguyen, Elizabeth G. Porter
Articles
The humanities have long been under attack; now Big Tech is eating them for breakfast. Artificial Intelligence is undermining the cultural and constitutional values of human creativity; it is also threatening the livelihoods of the creative working class. Because neither Congress nor regulators can keep pace with AI’s pace of change, class actions have stepped into the breach. In the first wave of such litigation, authors and artists in courts on both coasts claim that AI companies violate intellectual property law when they “train” their systems on copyrighted works.
This Article analyzes what we call “input” AI claims—that is, proposed …
Exploring Education Policy And Resources In Virginia Secondary Education,
2025
University of Mary Washington
Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon
Departmental Honors & Graduate Capstone Projects
The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law,
2025
Brigham Young University Law School
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu
BYU Law Review
Most literature at the intersection of copyright and artificial intelligence (AI) has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country’s economic and technological future. This Article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentivebased. The Article then discusses a third line of arguments— harmonization-based arguments—and …
Brief Of Civil Procedure Professors Suzette Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, And Doug Rendleman As Amici Curiae In Support Of Respondents: Trump V. Casa, Trump V. Washington & Trump V. New Jersey,
2025
Washington and Lee University School of Law
Brief Of Civil Procedure Professors Suzette Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, And Doug Rendleman As Amici Curiae In Support Of Respondents: Trump V. Casa, Trump V. Washington & Trump V. New Jersey, Suzette M. Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, Doug Rendleman
Scholarly Articles
Nationwide injunctions are constitutional. Their core feature—courts’ power to render decisions that directly benefit nonparties—is consistent with traditional equitable practices. Accordingly, the Article III “judicial power” comprehends such remedies. Nationwide injunctions also comport with Article III’s case-or-controversy requirement, including constitutional standing.
Broad remedies are sometimes necessary, especially when government actors willfully disregard people’s rights, and the usual tools of aggregate litigation (such as class actions) are not practically available to vindicate those rights. Moreover, courts can readily navigate prudential concerns about nationwide injunctions, from fears of judge shopping to prematurely freezing the law. Courts remain attuned to these concerns, and …
Remaking Rulemaking: Lessons From The History Of Federal Rule Of Civil Procedure 54(B),
2025
Boston University School of Law
Remaking Rulemaking: Lessons From The History Of Federal Rule Of Civil Procedure 54(B), Brad Baranowski, Emery G. Lee Iii
Cleveland State Law Review
This Article uses the lost history of Federal Rule of Civil Procedure 54(b) to provide a framework for rulemaking at the busy intersection of complex litigation and appellate finality. The drafters of the original civil rules spent more time thinking through how to efficiently combine claims and parties in civil actions—a promised benefit of the proposed law-equity merger—than about how combined claims should be dis-assembled. This failure would haunt the original Advisory Committee on Civil Rules for years. Nowhere was this more evident than in the first decades of Rule 54(b)’s existence.
Promulgated in 1938, Rule 54(b) was designed to …
Rodrigo's Extra Credit Assignment: Can Pleadings Be Both Plausible And Fair?,
2025
Texas A&M University School of Law
Rodrigo's Extra Credit Assignment: Can Pleadings Be Both Plausible And Fair?, Richard Delgado
Texas A&M Law Review
Critical race theory has enabled followers to understand some of the twists and turns of racial history and the rise and fall of constitutional values such as equal protection. But does it have anything useful to say about blackletter subjects such as civil procedure?
In the following chronicle, Rodrigo and his straight man, “the Professor,” discuss whether legal storytelling and narrative analysis can counteract one source of unfairness in our procedural system.
Meeting by chance during a routine errand by the Professor, the two discuss Iqbal, Twombly, and the heightened plausibility requirement they impose for filing a complaint …
Implicit Bias Within The Primary Assumption Of Risk Doctrine,
2025
Brooklyn Law School
Implicit Bias Within The Primary Assumption Of Risk Doctrine, Tracy Catapano-Fox
Brooklyn Law Review
This Article addresses the efficacy of the primary assumption of risk doctrine, and the improper extension of the doctrine to vitiate a plaintiff’s ability to obtain recourse in personal injury cases. When the New York legislature enacted the comparative negligence standard in 1975, it essentially revoked the applicability of the primary assumption of risk doctrine as a defense in tort litigation. However, the courts continued to apply the primary assumption of risk doctrine in tort cases involving sports or physical activity, analyzing it as an element of a defendant’s duty and serving as a complete bar to recovery for plaintiffs …
The Renaissance Of Private Law,
2025
Northwestern Pritzker School of Law
The Renaissance Of Private Law, Yotam Kaplan, Adi Libson, Gideon Parchomovsky
Northwestern University Law Review
Crisis is the new normal. Between global warming, the opioid pandemic, bursts of gun violence, and political instability fueled by fake news, it is hard to remember a time when we were not facing a major catastrophe. Still more troubling, there is a growing sense that our political and regulatory institutions are faltering in their ability to offer effective responses to the incoming crises. The rapid pace at which new problems emerge—together with growing political polarization—stymies regulatory and legislative action, resulting in an inability to address contemporary challenges.
Against this gloomy background, we posit an unlikely hero: private law. Recent …
Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality,
2025
Northwestern Pritzker School of Law
Let's Get Personal: Due Process And Personal Jurisdiction As A New Path Forward For Extraterritoriality, Samy Abdelsalam
Northwestern University Law Review
The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has put fundamental principles of federalism and state sovereignty under attack. Legislation and lawsuits in states nationwide aim to limit the rights of American citizens to travel freely between states in search of medical care. Further, these measures have extraterritorial reach, legally entangling the rights of private citizens in other states who provide medical care even while fully within their own state borders. Scholars have analyzed this development through various doctrinal lenses, including the Dormant Commerce Clause. But these frameworks fail to adequately protect those who are unfortunate enough …
Climate Exceptionalism In Court,
2025
Northwestern Pritzker School of Law
Climate Exceptionalism In Court, Zachary D. Clopton, David A. Dana
Northwestern University Law Review
Across a range of cases, fossil fuel companies, government actors, and some judges have conceded that climate change is an exceptional phenomenon, only to argue that its exceptional nature is a reason to keep climate change out of court. These parties and judges thus seek to avoid the adjudication of climate cases on the merits, even when the neutral application of existing law would provide for jurisdiction in these cases. We term this phenomenon “climate jurisdiction exceptionalism.”
This Article provides a comprehensive account of climate jurisdiction exceptionalism, focusing on two main threads: Article III standing and state court jurisdiction. First, …
Preclusive Jurisdictional Dismissals,
2025
Northwestern Pritzker School of Law
Preclusive Jurisdictional Dismissals, Kevin Song
Northwestern University Law Review
Every litigant deserves their day in court. At the same time, litigants cannot endlessly go to court on the same matter. A complex body of preclusion law balances these fundamental tenets by examining when adjudication of a matter precludes subsequent relitigation. This body of law has evolved over time to preserve the day-in-court ideal in a way that is sensitive to the threats that relitigation present to judicial efficiency, fair adjudication, and repose. Modern preclusion law has settled on a pragmatic approach: where a court has issued a final judgment on the merits but erroneously assumed jurisdiction, relitigation may still …
Standards For Imposition Of Discovery Sanctions,
2025
University of Maine School of Law
Standards For Imposition Of Discovery Sanctions, Maine Law Review
Maine Law Review
The adoption of the Federal Rules of Civil Procedure in 1938 marked a major change in the theory of the trial system in the federal courts. The new procedures of the Rules were designed to eliminate disposition of cases based on technical errors and encourage resolution on the merits of each controversy. The pleading rules were greatly simplified and full discovery provisions were incorporated to inform the parties regarding the basis of each adversary's claim or defense and to provide greater access to evidence bearing on the dispute. The optimal use of pre-trial discovery under the Rules, however, depends upon …
Attorneys And Subornation Of Perjury,
2025
University of Maine School of Law
Attorneys And Subornation Of Perjury, Maine Law Review
Maine Law Review
Federal law has made the crime of subornation of perjury depend on a showing that the suborned witness has made an intentional false statement under oath. For a prosecution to be successful, it must be shown first, that the witness gave false testimony under oath; second, that the witness knew the testimony to be false; third, that the defendant induced the false testimony; and fourth, that the defendant knew the induced testimony to be false. Thus, if the criminal intent of the witness cannot be proven, the defendant must be acquitted. The curious result is that the prosecution fails not …
The Final Frontier Of Federal Power: Understanding, Defining, And Enforcing “Necessary And Proper” To Enhance The General Welfare And Limit Federal Power,
2025
The Catholic University of America, Columbus School of Law
The Final Frontier Of Federal Power: Understanding, Defining, And Enforcing “Necessary And Proper” To Enhance The General Welfare And Limit Federal Power, Thomas Ralph
Catholic University Law Review
This comment explores the long and inconsistent history of the Necessary and Proper Clause and its unique role as both a grant of power to Congress and a limit on the outer reach of the federal government. The federal government is in theory one of limited powers; however, this promise of the Constitution cannot be truly recognized without developing a robust framework for applying the Necessary and Proper Clause as a reliable source of federal power. After establishing the need for a framework, this comment provides five judicial decision rules that can be applied by trial and appellate courts to …
Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents,
2025
University of Michigan Law School
Laboratory Corporation Of America Holdings V. Davis: Brief Of Civil Procedure And Complex Litigation Law Professors As Amici Curiae In Support Of Respondents, Maureen Carroll
Appellate Briefs
Amici are law professors with expertise in the Federal Rules of Civil Procedure, including the requirements for class certification under Rule 23(b)(3). Together, we share an interest in ensuring that the Federal Rules of Civil Procedure are construed “to secure the just, speedy and inexpensive determination of every action and proceeding.” Fed. R. Civ. P. 1.
Application For Leave To File Amicus Curiae Brief In Support Of Petitioners; Amicus Curiae Brief,
2025
Benjamin N. Cardozo School of Law
Application For Leave To File Amicus Curiae Brief In Support Of Petitioners; Amicus Curiae Brief, Myriam E. Gilles
Amicus Briefs
Amici curiae are law professors who teach and write about the function and role of state and federal courts. Because Amici have substantial expertise in the history, practices, and workings of courts, Amici submit this brief in the hope of being of assistance to this Court in its deliberation.
Decriminalization: A New Consideration For The Fourth Amendment Balance,
2025
University of Maine School of Law
Decriminalization: A New Consideration For The Fourth Amendment Balance, Maine Law Review
Maine Law Review
During the past several years Maine has reevaluated the wisdom of applying criminal sanctions to certain forms of conduct. In addition to the total abrogation of a number of crimes, the Maine Legislature has reduced the statutory classification of some offenses to civil violations. Moreover, certain newly established offenses have been limited to the status of civil violations. The designation of offenses as "civil" raises the question of what constitutional safeguards should be applied to the manner in which such violations are investigated and to the process under which civil sanctions are administered. This Comment will summarize the Supreme Court's …
