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 …
Search And Seizure Budgets,
2023
university of connecticut school of law
Search And Seizure Budgets, Kiel Brennan-Marquez, Stephen E. Henderson
Faculty Articles
This article proposes a new means of restraining police power: quantitative limits on the number of law enforcement intrusions—searches and seizures—that may occur over a given period of time. Like monetary constraints, search and seizure budgets would aim to curb abusive policing and improve democratic oversight. But unlike their monetary counterparts, budgets would be indexed directly to the specific police activities that most enable escalation and abuse. What is more, budgets are a tool that finds support, conceptually, in the American framing experience. The Fourth Amendment has long been understood to require procedural limits, such as probable cause, on specific …
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex,
2023
Texas A&M University School of Law
A Theory Of Interests In The Context Of Hybrid Warfare: It's Complex, Cynthia Alkon, Sanda Kaufman
Cardozo Journal of Conflict Resolution
In the 2020 British TV series The Undeclared War, the Russians launch a series of attacks against the United Kingdom that destabilize key sectors in the UK and (spoiler alert) almost end in a full-scale conventional war. In this fictionalized account, the UK only considers fighting back against cyber warfare with cyber warfare. There is no negotiation. Despite knowing who is responsible for these attacks (the Russian government), negotiation is never even considered.
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System,
2023
Texas A&M University School of Law
Opening The Virtual Window: How On-Line Processes Could Increase Access To Justice In The Criminal Legal System, Cynthia Alkon, Amy Schmitz
Cardozo Journal of Conflict Resolution
No abstract provided.
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+ …
Defi: Shadow Banking 2.0?,
2023
American University Washington College of Law
Defi: Shadow Banking 2.0?, Hilary J. Allen
Scholarly Articles in Law Reviews & Journals
The growth of so-called “shadow banking” was a significant contributor to the financial crisis of 2008, which had huge social costs that we still grapple with today. Our financial regulatory system still hasn’t fully figured out how to address the risks of the derivatives, securitizations, and money market mutual funds that comprised Shadow Banking 1.0, but we’re already facing the prospect o fShadow Banking 2.0in the form of decentralized finance, or “DeFi.” DeFi’s proponents speak of a future where sending money is as easy as sending a photograph–but money is not the same as a photograph. The stakes are much …
Blockchain Games And A Disruptive Corporate Business Model,
2023
University of Washington School of Law
Blockchain Games And A Disruptive Corporate Business Model, Xuan-Thao Nguyen
Articles
This Article is the first to identify and theorize on a new disruptive corporate business model unfolding in the gaming industry that is larger than both the movie and music sectors combined. Corporations in blockchain gaming reject the old paradigm of amassing profits by turning the public into spenders for and consumers of corporate products. The new corporate business model transforms members of the public into producers and true owners of new corporate property while earning income and garnering governance voting rights. Through a case study of Axie Infinity, a blockchain game launched in 2021, this Article explores how the …
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry,
2023
American University Washington College of Law
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
American University Journal of Gender, Social Policy & the Law
In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …
Introductory Remarks,
2023
Ethan Y. Bordman, PLLC
Introductory Remarks, Ethan Bordman, Ira S. Dizengoff, Sophie Dizengoff
Cardozo Arts & Entertainment Law Journal
The article discusses the legal implications and challenges surrounding college athletes' rights to profit from their name, image, and likeness (NIL), following the NCAA's 2021 decision to lift its ban on athletes cashing in on their fame. The symposium explores the evolving legal landscape, including regulatory frameworks, equity issues, and the role of collectives, highlighting the need for clearer guidelines to address the complexities arising from this change.
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 …
Blockchain, The Superhero That The Healthcare Industry Needs,
2023
Benjamin N. Cardozo School of Law
Blockchain, The Superhero That The Healthcare Industry Needs, Victor Wang
Cardozo Arts & Entertainment Law Journal
The note argues that blockchain technology holds significant potential for transforming the healthcare industry by enhancing data security and efficiency. However, its integration faces legal challenges due to conflicts with existing healthcare laws, particularly the Health Insurance Portability and Accountability Act (HIPAA) and the HITECH Act. The note contends that blockchain's decentralized and immutable nature violates key HIPAA requirements, such as data disposal and accountability standards. It advocates for updating these laws to accommodate blockchain technology and ensure compliance, emphasizing the need for legal frameworks to evolve alongside technological advancements.
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning,
2023
Benjamin N. Cardozo School of Law
Putting Trust In Technology: A Pandemic's Effect On Remote Estate Planning, Amy Weiss
Cardozo Arts & Entertainment Law Journal
The COVID-19 pandemic accelerated the adoption of remote witnessing and notarization in trusts and estates, offering convenience but introducing risks like fraud and privacy concerns. The article advocates for a balanced approach, suggesting uniform national standards to mitigate these risks while maintaining the benefits of remote processes.
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate,
2023
Benjamin N. Cardozo School of Law
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca
Cardozo Arts & Entertainment Law Journal
The note examines the challenges of combating false election information on social media platforms, focusing on the role of Section 230 of the Communications Decency Act. It argues that while Section 230 is crucial for protecting online speech, its current form is inadequate in addressing the spread of misinformation in the modern digital landscape. The note evaluates various proposals for reform, including the repeal or modification of Section 230, and suggests a balanced approach that maintains its protections while incentivizing improved content moderation to combat false election information.
