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The IP Law Book Review, Vol. 8 #2
Get PDFTHE BRANDING OF THE AMERICAN MIND: HOW UNIVERSITIES CAPTURE, MANAGE, AND MONETIZE INTELLECTUAL PROPERTY AND WHY IT MATTERS, by Jacob Rooksby. Reviewed by Liza Vertinsky, Emory University School of Law
ILLEGAL LITERATURE: TOWARD A DISRUPTIVE CREATIVITY by David S. Roh. Reviewed by Shubha Ghosh, Syracuse University College of Law
ARTISTIC LICENSE: THE PHILOSOPHICAL PROBLEMS OF COPYRIGHT AND APPROPRIATION, by Darren Hudson Hick. Reviewed by Shubha Ghosh, Syracuse University College of Law
THE LAW AND PRACTICE OF TRADEMARK TRANSACTIONS: A GLOBAL AND LOCAL OUTLOOK, edited by Irene Calboli and Jacques de Werra. Reviewed by Jake Linford, Florida State University College of La
NRC Petition Supplemental Filing: Reply to Tetra Tech Response
Get PDFLetter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license
NRC Petition Supplemental Filing 1 2018.01.18
Get PDFLetter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including a report by the Navy on data by Tetra Tech related to its remediation of soil at parcels B and G
Pluralism Applied: A Concordant Approach to Selecting Contract Rules
Get PDFContract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests of the individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best rule to govern any particular situation is the one that can be justified by multiple normative theories. Such an approach would stand the best chance of achieving consensus, and would acknowledge the insight of pluralism theorists—that no single unified theory can explain the civil law. This Article applies a concordant approach to selecting contract rules to address the question of whether a parent company should be held liable in tort for directing the termination of a contract entered into by its subsidiary
A Gay College Dean Takes on Betsy DeVos\u27s Transphobia
No full textSchool can be tough for any kid, but for the LGBTQ+ community it can be compounded with added layers of bullying, disenfranchisement, and discrimination. I’ve seen this firsthand as a high school teacher, law professor, and now as a dean. As one of only a handful of openly LGBTQ+ deans to ever lead a law school in our nation’s history, I am well aware of the added obstacles and challenges our community can face.
That’s why I was so angered by the Department of Education when it recently announced it would no longer investigate or take action on any complaints filed by transgender students who are banned from restrooms that match their gender identity. This reversal of an Obama-era policy that protected transgender students under Title IX puts students’ safety at risk and creates a hostile learning environment for trans, nonbinary, and LGBTQ+ students. The hostile environment fostered under these new guidelines also extends to transgender faculty and staff at schools and universities
Reyes v. Lewis: A Missed Opportunity for Minors and Miranda
Get PDFThe controversial debate—whether minors understand the complexity of Miranda rights—has prevented lawmakers from producing laws that assist minors in comprehending these warnings. As a protected class, minors should be provided with extra counseling if they are faced with criminal charges in order to save judicial resources and help keep innocent minors out of the criminal justice system. A law mandating that minors consult with a pro tem attorney prior to questioning could reduce the number of cases awaiting adjudication, relieve the court of having to investigate whether the minor was coerced, threatened, intimidated, tricked, or falsely promised, and would create a modified standard for minors and Miranda warnings. Like in Reyes, this issue is not often addressed as there is a preference to avoid constitutional questions if they can be resolved by non-constitutional application. Due to the reality of the judiciary’s prudential doctrine of constitutional avoidance, this Note calls for further legislative action in California to remedy this systemic problem.
Section I provides a general background on juveniles in the criminal justice system and how legal standards for minors continue to narrow. Next, Section II reviews Reyes v. Lewis as it traveled from the Riverside Superior Court to the Ninth Circuit Court of Appeals. Then Section III examines how the Ninth Circuit missed an opportunity to address the issue of minors and Miranda warnings, how different courts and states have implemented modern Miranda standards for minors, and how the California Legislature has finally passed a law that orders a mandatory consultation with legal counsel before suspects, aged 15 years or younger, are interrogated by police. Lastly, Section IV concludes that, although the Ninth Circuit correctly found a Seibert violation, the court should have used the Seibert analysis to uncover a Miranda violation and introduce a new standard for minors and Miranda rights
The Effect of Culture and Religion on Enforcement of International Arbitration Awards in Iran
Get PDFMy goal in this dissertation is to explore some of the rules of Sharia with regard to the arbitration and reduce this level of non-recognition of the Islamic legal system by the West. Also, I am going to analyze the Iranian culture and its effect on enforcement of international arbitration awards and suggest some solutions to reduce the cultural obstacles m the enforcement of foreign arbitration awards