Sneakers, The Shoes That Talk The Talk And Walk The Walk: How Jack Daniel’S Properties, Inc. V. Vip Products Left Its Footprint On Trademark Law And The Sneaker Industry,
2024
Seattle University School of Law
Sneakers, The Shoes That Talk The Talk And Walk The Walk: How Jack Daniel’S Properties, Inc. V. Vip Products Left Its Footprint On Trademark Law And The Sneaker Industry, Nitya Tolani
Seattle University Law Review
As the fashion industry—including the sneaker industry housed within it—continues to go through the motions of collectively flocking out, and then collectively flocking again to the newest innovations in the world of wearables, the landscape of laws to protect and promote those innovations expands as well, mainly in the area of intellectual property law. Although copyright, trademark, and patent law can cover innovations in the fashion industry, this Note centers its analysis on trademark law. Trademark law has been through notable change in recent years because of the United States Supreme Court’s 2023 decision in Jack Daniel’s Properties, Inc. v. …
Prejudice Standards In Washington’S Appellate Courts,
2024
Seattle University School of Law
Prejudice Standards In Washington’S Appellate Courts, Andrew B. Van Winkle
Seattle University Law Review
When an appellate court finds an error to have occurred during a proceeding, the error is not yet subject to correction. In order to merit a remedy, the error must have been sufficiently prejudicial to the aggrieved party’s case. Drawing the line between correctable and non-correctable errors is not an easy task, for it often requires guessing at what was in the minds of jurors and trial judges. To cope with this task, courts have devised various rules and tests for deciding whether an error was likely prejudicial or not. These standards often go by names such as “harmless error,” …
Table Of Contents,
2024
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023).,
2024
Candidate for Juris Doctor, Roger Williams University School of Law
Estrella V. Janney Montgomery Scott Llc, 296 A.3d 97 (R.I. 2023)., Kayla M. Brown
Roger Williams University Law Review
No abstract provided.
Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023).,
2024
Candidate for Juris Doctor, Roger Williams University School of Law
Finnimore & Fisher Inc. V. Town Of New Shoreham, 291 A.3d 977 (R.I. 2023)., Austin F. Gibilisco
Roger Williams University Law Review
No abstract provided.
2023 Rhode Island Public Laws,
2024
Roger Williams University
2023 Rhode Island Public Laws
Roger Williams University Law Review
No abstract provided.
Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority,
2024
Juris Doctorate candidate, Roger Williams University School of Law
Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers
Roger Williams University Law Review
No abstract provided.
Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023).,
2024
Candidate for Juris Doctor, Roger Williams University School of Law
Premier Land Dev. V. Kishfy, 287 A.3d 19 (R.I. 2023)., Samantha Rhodes
Roger Williams University Law Review
No abstract provided.
State V. Morillo, 285 A.3d 995 (R.I. 2022).,
2024
Candidate for Juris Doctor, Roger Williams University School of Law
State V. Morillo, 285 A.3d 995 (R.I. 2022)., Ryan J. Becker
Roger Williams University Law Review
No abstract provided.
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas,
2024
Roger Williams University
The Battle Over Gender-Affirming Healthcare For Transgender Minors: Analyzing Anti-Transgender Healthcare Bills In Arkansas And Texas, Brandon Calton
Roger Williams University Law Review
No abstract provided.
Incomplete Streets,
2024
Touro Law Center
Incomplete Streets, Michael Lewyn
Scholarly Works
Over 1700 complete streets policies have been adopted by state and local government; these policies typically provide that streets shall be designed to benefit all users, not just motorists. This article analyzes some complete streets policies, and concludes that even above-average policies are often too vague and underfunded to significantly change the status quo. The article suggests a variety of reforms that might make complete streets policies more effective.
A Graphic Novel About Housing Policy,
2024
Touro Law Center
A Graphic Novel About Housing Policy, Michael Lewyn
Scholarly Works
A review of Build, Baby, Build by Bryan Caplan
Can State Legislatures Strip Federal Courts Of Jurisdiction To Review State Laws?,
2024
University of Georgia School of Law
Can State Legislatures Strip Federal Courts Of Jurisdiction To Review State Laws?, Matthew I. Hall, Eliza K. Hall
Scholarly Works
For more than a century, federal courts have relied on the Ex parte Young doctrine to provide authority to protect individual constitutional rights against state infringement. Ex parte Young provides the primary mechanism for federal judicial review of allegedly unconstitutional state laws, permitting persons whose federal rights are affected by state law to seek an injunction in federal court against the state officials charged with enforcing the law. By some accounts, the Ex parte Young doctrine is an exception to sovereign immunity; by others, it is merely an example of the “traditional tool of equity” known as the anti-suit injunction. …
Confusion, Chaos, And Conflict In U.S. Law And Health Care After Dobbs,
2024
Boston University School of Public Health; Boston University School of Law
Confusion, Chaos, And Conflict In U.S. Law And Health Care After Dobbs, Nicole Huberfeld
Faculty Scholarship
The U.S. Supreme Court’s Dobbs decision caused a proliferation of contradictory state laws and judicial decisions that are producing confusion for health care providers, which in turn limits access to care for all patients of reproductive age. This paper documents the rapidly changing legal landscape to investigate and contextualize the significance of these inter‑state conflicts and illustrate how inequities deepen when health care is left in the hands of state governments without national law to provide guardrails. Drawing on interdisciplinary scholarship, including legal, medical, and public health research, this essay considers how traditional federalism theory, which encourages sub‑government variation, does …
Confronting Structural Inequality In State Labor Law,
2024
Boston University School of Law
Confronting Structural Inequality In State Labor Law, Andrew Elmore
Faculty Scholarship
Low-wage workers face a structural problem in seeking to improve their work standards: While companies have substantial labor market power to impose work terms and conditions, workers require affirmative state support to collectively press their workplace demands. But their employers can mobilize private capital and property rights, often with judicial deference, to fend off state intrusions into the workplace. While the National Labor Relations Act aims to resolve this structural problem by protecting the rights of workers to join unions, strike, and collectively bargain, employers, backed by judicial support for managerial prerogatives and property rights, can often leverage NLRA weaknesses …
Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara,
2023
Direktorat Jenderal HAM, Kementerian Hukum dan HAM
Konstitusionalitas Proses Pemilihan Kepala Otorita Ibu Kota Nusantara Berdasarkan Undang-Undang Nomor 3 Tahun 2022 Tengan Ibu Kota Negara, Riskayati Subandi
Jurnal Konstitusi & Demokrasi
The establishment of the Government of the Special Territory of the Capital of Nusantara (Special Regional Government of IKN) as the location of the new capital of Indonesia has raised controversy, especially as regards its position as the special regional government held by the Nusantara Capital Authority Institution (IKN Authority), as well as the differences in the process for selecting government heads. The research was conducted using a normative jurisprudence method that focuses on the analysis of secondary data to determine the constitutionality of regulations relating to the position and process of election of the head of government in the …
State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures,
2023
University of Nevada, Las Vegas
State Government: A Comparison Of Bicameral, Biennial, Citizen Legislatures, Zachary J. Johnigan
Undergraduate Research Symposium Posters
Governing agencies can be classified as either federal, state, or local. The Nevada Legislature is a state level governing body that provides governance for the state of Nevada. A large part of the process of governing the state takes place during a regular legislative session, where new laws are heard then passed or denied and old laws are revised or abolished. One regular legislative session consists of 120 calendar days. In the event that not all business was able to be conducted within a regular session, the governor of the state can call for a special session to be opened. …
Tribal Sovereignty Preempted,
2023
Brooklyn Law School
Tribal Sovereignty Preempted, Michael Doran
Brooklyn Law Review
In June of 2022, the US Supreme Court held in Oklahoma v. Castro-Huerta that a state may prosecute a non-Indian for a crime committed against an Indian within Indian country. That decision effectively overruled Worcester v. Georgia, an 1832 landmark case in which Chief Justice Marshall said that state law “can have no force” in Indian country. Although the conventional wisdom about Castro-Huerta sees the case as a radical departure from first principles of federal Indian law, this article argues that Castro-Huerta is the natural—although deeply deplorable—next step in a long line of Supreme Court cases expanding state governmental authority …
Gang Accusations: The Beast That Burdens Noncitizens,
2023
Brooklyn Law School
Gang Accusations: The Beast That Burdens Noncitizens, Mary Holper
Brooklyn Law Review
This article examines evidence that the government presents in deportation proceedings against young men of color to prove that they are gang members. The gang evidence results in detention, deportation, adverse credibility decisions, and denial of discretionary relief. This article examines the gang evidence through the lens of the law’s use of presumptions and the corresponding burdens of proof at play in immigration proceedings. The immigration burden allocations allow adjudicators to readily accept the harmful presumption contained in the gang evidence—that urban youth of color are criminals and likely to engage in violent crime associated with gangs. The article seeks …
Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders,
2023
Brooklyn Law School
Identity Crisis: First Amendment Implications Of State Identification Card And Driver’S License Branding For Registered Sex Offenders, Marina D. Barron
Brooklyn Law Review
The Sex Offender Registration and Notification Act has been criticized since its inception as excessively punitive, a poor means of preventing sex crimes, and an invasion of basic privacy rights. There are currently eight states that require registered sex offenders to carry branded identification cards (IDs) that mark their registrant status. These markings range anywhere from a letter or symbol on the face of the card, to the words “SEXUAL OFFENDER” or “SEXUAL PREDATOR” in bright red or orange letters. Registrants are forced to share this private and harmful information to the unknowing and presumably uninterested public, including pharmacists, hotel …
