Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content,
2023
American University Washington College of Law
Content Governance In The Shadows: How Telcos & Other Internet Infrastructure Companies "Moderate" Online Content, Prem M. Trivedi
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Revoking Trademark Consent: Can It Be Done?,
2023
Southern Methodist University, Dedman School of Law
Revoking Trademark Consent: Can It Be Done?, Keegan Pearl
SMU Science and Technology Law Review
In 2022, Dallas Mavericks guard, Luka Doncic, was engaged in a quiet, albeit significant legal dispute with his mother. The dispute centered around Doncic’s attempt to register a new trademark to use for various goods and services. Doncic, however, previously gave his mother consent to use his name and likeness for a similar trademark, which was officially registered in 2018. Due to the likelihood of confusion, and his mother’s unwillingness to cede her rights in the outdated mark, Doncic was prevented from registering his new mark. Thus, Doncic filed a cancellation petition with the USPTO, which argued he should be …
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?,
2023
Seattle University School of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?,
2023
Catholic University of America (Student)
New Frontiers In Technology: Can Traditional Intellectual Property Rights Laws Be Adapted And Applied To Nfts?, Mariyah S. Wakhariya
Catholic University Journal of Law and Technology
A decade ago, ‘NFTs’ were rarely heard of or known to anyone, unless they worked in or kept up with the tech world. However, they are not new - they have been around for almost two decades. Their popularity has grown over the past few years. ‘NFT’ stands for ‘non-fungible token’. An NFT is a digital file with a unique identity that is verified on a blockchain and is therefore not interchangeable - i.e., a kind of crypto asset, like an authentication certificate for digital artifacts. In theory, NFTs can represent almost any real or intangible property. These days, it …
Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated,
2023
University of Oklahoma College of Law
Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez
Faculty Articles
A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …
Cyber Sit-Ins: Bringing Protest Online By Modernizing The Computer Fraud And Abuse Act,
2023
Juris Doctorate candidate, Roger Williams University School of Law
Cyber Sit-Ins: Bringing Protest Online By Modernizing The Computer Fraud And Abuse Act, Blair V. Robinson
Roger Williams University Law Review
No abstract provided.
Foreword: A Tipping Point For Antitrust Law,
2023
Southern Methodist University, Dedman School of Law
Foreword: A Tipping Point For Antitrust Law, C. Paul Rogers Iii
SMU Science and Technology Law Review
No abstract provided.
Antitrust Accountability Delayed: State Antitrust Enforcement And Multidistrict Litigation,
2023
Notre Dame School of Law
Antitrust Accountability Delayed: State Antitrust Enforcement And Multidistrict Litigation, Roger P. Alford
SMU Science and Technology Law Review
State Attorneys General play a crucial role in the enforcement of antitrust laws. Defendants have successfully delayed state enforcement proceedings by centralizing them with private lawsuits in multidistrict litigation. A new venue law has foreclosed that delay tactic, placing State Attorneys General on equal footing with federal antitrust enforcers in deciding where, when, and how to prosecute antitrust cases.
Generative Ai Art: Copyright Infringement And Fair Use,
2023
University of Kentucky
Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray
SMU Science and Technology Law Review
The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …
Biotechnology Patent Law Top Ten Of 2022: Inducement, Clear Error, And Interferences Galore,
2023
Hulbert & Berghoff LLP
Biotechnology Patent Law Top Ten Of 2022: Inducement, Clear Error, And Interferences Galore, Kevin E. Noonan, Andrew W. Torrance
SMU Science and Technology Law Review
Five-year anniversaries are symbolized by a product of natural biotechnology: wood. This article marks the wood anniversary of the “Top Ten Biotechnology Patent Cases” series that began in 2018. Imagining the world in 2018 is challenging, in part because it was, indeed, a different world. There had not been a major pandemic in one hundred years. Inflation was low. The economy hummed along. No individual war appeared to threaten more than regional stability. O tempora, o mores! The year 2022 was quite different. SARS-CoV-2 continued to stalk the land, having had a monumentally mortiferous effect for several years. High inflation …
An Essay About Privacy,
2023
Florida Agricultural and Mechanical University
An Essay About Privacy, Ronald Griffin
Journal Publications
Jessye Norman was an American opera singer. She died on October 1, 2019. On October 2, 2019, my wife got a grim diagnosis that put me in a stupor and reminded me, now more than ever, that my generation (that did so much good in the world) stands in line waiting for the Grim Reaper’s call. In a seventy-years (that have gone by too fast) I have watched my peers run from the realms of privacy, spaces where people implemented life plans uninterrupted by neighbours that were discernible, palpable, and real to everybody, to a realm where there is none. …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation,
2023
Seattle University School of Law
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism,
2023
Seattle University School of Law
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People,
2023
Seattle University School of Law
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Natural Language Processing In Legal Tech,
2023
Washington University in St. Louis School of Law
Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko
Scholarship@WashULaw
Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …
Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance,
2023
Southern Methodist University, Dedman School of Law
Houston Security Camera Ordinance: Reasonable Safety Measure Or Orwellian Surveillance, Clint Nuckolls
SMU Science and Technology Law Review
A new ordinance went into effect in Houston, Texas in July 2022, which looks to leverage technology and require certain businesses to install surveillance cameras at their own cost and turn footage over to the police on demand without a warrant. The ordinance specifically requires bars, nightclubs, convenience stores, sexually oriented businesses, and game rooms to install surveillance cameras, with accompanying lighting at all places where customers are permitted, keep the cameras running at all times, even when the business is closed, and store the footage for at least thirty days, all at the expense of the business owners. The …
Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns,
2023
Southern Methodist University, Dedman School of Law
Texas’S Water Future: Legal, Business, Environmental, And Regulatory Concerns, Robert Royce
SMU Science and Technology Law Review
Around the world freshwater is increasingly scarce, and Texas is no different. Texas continuously operates at a shortage, where freshwater supply cannot meet demand. Projections show that this deficit will increase over the next decade, which would cause billions of dollars in losses for the Texas economy. But Texas is in a unique position to correct its water problems and take corrective measures to avoid such losses. Innovations around hydraulic fracturing in the oil and gas industry, namely recyclable “produced water” and the burgeoning “water midstream” sector will play an important role in remediating Texas’ freshwater scarcity concern. Furthermore, the …
Common Sense Recommendations For The Application Of Tax Law To Digital Assets,
2023
Wayne State University Law School
Common Sense Recommendations For The Application Of Tax Law To Digital Assets, Linda M. Beale, Jeremy Bearer-Friend, Jennifer Bird-Pollan, Samuel D. Brunson, Luís Calderón Gómez, Bryan Camp, Adam Chodorow, Mark Cochran, Lin William Cong, Matthew Foreman, Phil Gaudiano, I. Richard Gershon, Nathan C. Goldman, Jillian Grennan, Megan Justice, Young Ran (Christine) Kim, Herbert I. Lazerow, Tao Li, Lawrence Lokken, Omri Y. Marian, Orly Mazur, Stephanie Hunter Mcmahon, Tyler Menzer, Matt Metras, Ann M. Murphy, Henry Ordower, Amanda Parsons, Daniel Rabetti, Alex Raskolnikov, Tracey M. Roberts, Kerry A. Ryan, Edward A. Zelinsky
All Faculty Scholarship
In response to the Joint Committee on Taxation’s July 2023 request for comments on application of various Internal Revenue Code sections on digital assets, we propose a consistent set of rules to apply current law to digital assets. We highlight that the underlying economics and characteristics of transactions should be the primary concern for the application of rules and the valuation of digital assets. We believe any digital asset rules should (1) treat classes of digital assets with unique characteristics differently based on their economics, (2) minimize incentives for users to engage in tax-motivated structuring of transactions, and (3) allow …
Mfns In Digital Distribution: Anticompetitive Effects Examined Through Modern Gaming Distribution,
2023
Seattle University School of Law
Mfns In Digital Distribution: Anticompetitive Effects Examined Through Modern Gaming Distribution, Ryan Wolff
Seattle Journal of Technology, Environmental, & Innovation Law
Most Favored Nation clauses and their place within digital distribution agreements is a problem that seems yet to be resolved. The argument that entities with large enough market share in their respective market can utilize these provisions to ensure that they remain on top is a contested topic that is actively being challenged in the courts. The lawsuit against Valve, the video game publisher and distributor, provides a lens through which the potential harms and advantages of these provisions can be examined. In analyzing the finer points of this situation potential solutions can be designed to, in a perfect world, …
