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The IP Law Book Review, v.10 #1
Get PDFLANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.
UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.
PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law
I Call Rigamarole (or Taradiddle) on \u27Originalist\u27 Justices
Get PDFLast week, while Supreme Court nominee Amy Coney Barrett was holding forth about how she applies originalism, invoking her mentor and former boss Justice Antonin Scalia, current Supreme Court justices were undermining an originalist opinion authored by Scalia. Nominee Barrett explained originalism: “I understand [the Constitution] to have the meaning that it had at the time people ratified it. So that meaning doesn’t change over time, and it’s not up to me to update it or infuse my own policy views into it.”
Oral arguments in Torres v. Madrid make clear that, for some justices, originalism is appropriate, except when it isn’t
Los Angeles’s Social Equity Cannabis Applicants are Getting Left in the Weeds
Get PDFThe passage of California Proposition 64 (Prop 64) opened the door for cities to grant licenses to businesses for the purpose of selling cannabis and to legalize personal recreational use within their own jurisdiction. The City of Los Angeles, unlike other cities, delayed the licensing of new cannabis businesses while they refined and reworked regulations to include a Social Equity Program. The City acknowledged the cannabis criminalization and enforcement had long-term and disproportionate impacts to low-income and minority communities during The War on Drugs. The Social Equity Program is designed to repair those harms by creating regulations to support and focus on the inclusion of those individuals. Although well meaning, the Social Equity Program has already been the subject of multiple lawsuits and has been deemed a failure by others. The regulations implemented by the Department of Cannabis Regulation, altruistic and aimed to promote equitable ownership in the cannabis industry, have unintended consequences for those groups they hope to assist
Ethical Considerations of Blockchain: Do We Need a Blockchain Code of Conduct?
Get PDFAs states begin to adopt regulations governing cryptocurrencies and other uses of blockchain technology, it is becoming clear that the libertarian ideal of blockchain was just that – an ideal. There are already examples in which human decision-making has counteracted the immutability of some blockchains. In short, there appears to be a movement toward centralization within this decentralized technology
Reimagining Criminal Justice: The Disparate Impact ofthe \u27Castle\u27 Doctrine
Get PDFOn October 12, a mobile phone video showed a Black man being followed and harassed by a white man in Las Vegas. As the Black man is walking away, a voice on the recording says “why can’t you handle it like a … man?” The white man then throws a punch, and the Black man turns and shoots the white man. The white man survived, according to the sparse news coverage I found online. As of October 12, the shooter had not been found. The video spurred discussion, though: would the Black shooter succeed on a stand-your-ground claim? The answer seems to be maybe, but probably not.
What happens, though, when the person “standing his ground,” defending his “castle,” is Black? We don’t know the circumstances leading to the recent Las Vegas shooting, but it’s possible that he met all of the elements of a stand-your-ground shooting. Does race matter, when bringing a stand-your-ground claim
Reimagining Criminal Justice: A New System Is Required for Police Accountability
Get PDFIn 1997 Daniel Mendoza was shot by an off-duty Las Vegas Metro police offcer. The offcer who pulled the trigger had been drinking heavily and wanted to “harass dopers and bangers.” The offcer in question fired into a group of people from the passenger side of a vehicle. This offcer was tried and convicted, which sounds like a success.
However, when an offcer is not stopped before killing a citizen without regard to whether there was a suspected crime, it highlights a problem of accountability
Human Rights In the Context of Sustainable Development
Get PDFThe conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Transforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030.
This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environmental dimensions, encompasses legally cognizable human rights, grounded in provisions and principles of the U.N. Charter and the International Bill of Human Rights, and informed by provisions and principles of major international instruments and declarations. This work presents a critical evaluation of the seventeen goals stated in Resolution A/RES/70/1.
In view of the immense scope of the tasks anticipated, and major delays hitherto experienced in implementation, it is suggested that the project be coordinated by an entity possessed of breadth of vision, and qualities of neutrality, independence, and unimpeachable integrity. In light of the possibility that issues raised may implicate the maintenance of international peace and security, it is suggested that an appropriate controlling and implementing agency be led by the Secretary-General of the U.N., supported by committees of experts in key functional areas
N.C. Dep’t of Revenue v. Kimberley Rice Kaestner 1992 Family Trust
Get PDFWhether a State can tax a trust income for the benefit of a North Carolina resident when no income was, or could have been, received by the trust and when no connection to the Trust existed outside of the beneficiary’s residence in North Carolina
Duncan v. Rawls
Get PDFWhether and under what circumstances Georgia public policy prohibits enforcement of an in terrorem, or no contest, provision of a trust
Fisheries Reliant on Aquifers: When Groundwater Extraction Depletes Surface Water Flows
Get PDFIN CALIFORNIA, surface waters have historically been regulated as if they were unconnected to groundwater. Yet in reality, surface waters and groundwater are often hydrologically connected. Many of the rivers that support fisheries such as salmon and trout are hydrologically dependent on tributary groundwater to maintain instream flow. This means that when there is intensive pumping of tributary groundwater, the result can be reductions in instream flow and damage to fisheries. For this reason, stakeholders concerned with adequate instream flows for fisheries in California\u27s rivers, streams, and creeks need to be effectively engaged in the implementation of California\u27s Sustainable Groundwater Management Act ( SGMA ).
This Article explains six important considerations, and how they can be incorporated into the substantive and procedural aspects of SGMA Groundwater Plans to ensure such plans are protective of fisheries. Although the focus of this Article is on fisheries, the information and analysis contained herein may also be useful in drafting provisions of SGMA Groundwater Plans that address the more general question of how groundwater pumping can affect other beneficial uses of surface waters