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Yvette Butler on Silencing the Sex Worker
No full textYvette Butler has published Silencing the Sex Worker in Volume 71 of the UCLA Law Review.
This Article makes several contributions. Firstly, it contributes to feminist philosophical literature by coining the “Cycle of Epistemic Oppression” as a tool to excavate silencing within the law. It then examines how this cycle operates in the context of sex work policy making. Finally, this examination demonstrates the wide applicability of the Cycle of Epistemic Oppression to diverse areas of law
KEI Briefing Note 2024:8 The Basic Proposal for the Design Law Treaty (DLT) and its inappropriate restrictions on transparency
Get PDFThe World Intellectual Property Organization (WIPO) is holding a diplomatic conference from November 11 to 22, 2024 in Riyadh, Saudi Arabia, to conclude and adopt a Design Law Treaty (DLT). The negotiators will be working from the documents dated May 10, 2024: a thirty-one page “Basic Proposal For The Design Law Treaty” (DLT/DC/3), and a sixteen page “Basic Proposal For The Regulations Under The Design Law Treaty” (DLT/DC/4), both documents submitted by the Director General of WIPO, as well as a nineteen page, “Notes On The Basic Proposal For The Design Law Treaty” (DTL/DC/5), prepared by the WIPO Secretariat.
While the proposed treaty has been presented as one addressing formalities rather than substantive law, it contains several provisions which shape substantive law. This note examines the provisions in the proposal that would provide inappropriate restrictions on transparency. Of particular concern are the provisions in Article 3 of the treaty, which would limit the types of disclosures that can be included in an application for design protection, and the provisions in Article 15, which prohibit the disclosure of the financial terms of recorded licenses
The Art of Discovery: Part 3
No full textLawyers should devote the same careful attention and forethought to drafting discovery requests. Each interrogatory or document request should be strategically positioned perfectly within the litigation objective of the case
Russian Irregular Forces: Pursuing Accountability
Get PDFThis memo examines the prospects of pursuing criminal charges against individuals involved in such groups through universal or other forms of jurisdiction that permit the prosecution of grave crimes committed abroad. Specifically, it seeks to identify opportunities to bring to account members of irregular armed groups, as well as public and private actors directing or supporting their criminal activity, particularly in Ukraine, by determining which jurisdictions would be most disposed to pursuing an investigation and, if warranted, a prosecution of their crimes
Successors in Interest and PTAB Estoppel
No full textAt the United States Patent and Trademark Office’s (USPTO’s) Patent Trial and Appeal Board (PTAB), petitioners can administratively challenge that an issued patent’s claims are invalid, and if successful, have the claims canceled. While, in general, any party can file a challenge, restrictions exist, including for parties sued for infringement of those patent claims more than one year before the challenge or parties that filed previous challenges, unless the new challenge is based on grounds that were not previously available. In addition, if the petitioner’s privy or real party in interest (“RPI”) is blocked from filing a petition, then the petitioner is likewise estopped.
In instances where parties merge and one of the predecessors is estopped from filing a challenge, the PTAB has been inconsistent in deciding if the petitioner should be prevented from filing a challenge due to the predecessor being the successor’s privy or RPI. Complicating matters, the Supreme Court has held that in most instances these PTAB privy and RPI determinations are not subject to judicial review. This Comment examines how courts have decided similar issues when they arise outside the PTAB before recommending a two-step test. First, the non-estopped predecessor must have legacy operations that potentially infringe separate from the estopped predecessor’s operations, and, second, the estopped predecessor must not be a clear beneficiary of the challenge. If the successor has these separate legacy operations and the estopped predecessor is not a clear beneficiary of the challenge, then the successor should be allowed to file a challenge
Securing Workers’ Futures: Why Replacing Union Workers with Artificial Intelligence in Creative Professions is the New Subcontracting
No full textArtificial intelligence poses a significant threat to unionized professionals in creative industries, particularly as employers may be tempted to replace unionized workforces with artificial intelligence. However, Supreme Court precedent and the National Labor Relations Act paves a path forward for unionized workers in creative fields to safeguard themselves from job displacement through collective bargaining.
This Comment argues that replacing a unionized workforce with artificial intelligence is analogous to subcontracting under Fibreboard Paper Products Co. v. NLRB, First National Maintenance Corp. v. NLRB, and congressional intent behind the National Labor Relations Act. Consequently, artificial intelligence should be a mandatory subject of collective bargaining because it directly affects workers’ “terms and conditions of employment.” Applying Fibreboard, requiring employers and employees to bargain over artificial intelligence use would not “significantly abridge” an employer’s ability to operate its business nor alter the basic scope of the business. Moreover, as suggested by First National, the decision to implement artificial intelligence is appropriately suited for resolution through collective bargaining. Ultimately, treating the replacement of union workers with artificial intelligence as a form of subcontracting aligns with the congressional intent and objectives behind the National Labor Relations Act
Dammed If You Don\u27t: What the Bureau of Reclamation Can do to Address a Drying Colorado River
No full textThe Colorado River provides critical water supplies to nearly forty million people and irrigates more than five million acres of land. It spans seven American states, two Mexican states, and thirty Native American tribal reservations. Even those without direct access to the Colorado River still benefit from its output—farmers use about 80% of the available water from the river to produce and deliver crops to the entire United States. Today, in a proclaimed “climate emergency,” this vast resource is threatened by a persistent megadrought, the worst drought in 1,200 years. The resulting water loss due to drier winters and evaporation means that the states and tribes are finding that there is less water to go around. As the American Southwest continues to see rapid population growth, it is faced with an emergency of its own as it contemplates how to deliver a dwindling resource to growing demand
Brief of Criminal Law Scholars as Amici Curiae in Support of Petitioner
Get PDFAmici are law professors who teach and research criminal law and procedure. They have no personal interests in this case. Their sole interest is in the protection and preservation of the constitutional rights of criminal defendants
Brief of Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane as Amici Curiae in Support of Defendantappellant Federal Trade Commission
Get PDFAmici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law. As leading administrative law scholars, amici have a strong interest in the sound development of administrative law in the federal courts, and are submitting this brief because of the importance of the administrative law and statutory interpretation issues raised by the Middle District of Florida\u27s interpretation and application of the major questions doctrine. Amici are well-positioned to provide expert insights that may assist the Court in evaluating the district court\u27s interpretation of the doctrine and the parties\u27 arguments regarding its applicability in this case
Brief of Banking and Administrative Law Scholars as Amici Curiae in Support of Appellants/Cross-Appellees
Get PDFAmici have a strong interest in how this Court’s decision will affect the fields of banking and administrative law and the enforcement of banking regulation. Amici seek to assist this Court in resolving questions of law that arise in the core of their professional expertise and scholarship, namely the scope of the Seventh Amendment as applied to the Federal Deposit Insurance Corporation’s authority to regulate and adjudicate unsafe or unsound practices in the operation of banks