Digital Collections @ Suffolk
Not a member yet
8574 research outputs found
Sort by
Unresolved Judicial Conflict and Critical Infrastructure
No full textChoice of law affects legal outcomes at the core of Anglo-American law. This Article analyzes what electricity is, how the law regards it, and concludes by examining the confusion and inconsistency created by many courts. Even finishing second among the most important inventions in history (second behind only the movable type printing press) highlights the essential role of electricity in the American economy: Among the most important inventions in human history, electricity is the only one which also is essential and irreplaceable to operate seven other of the “top 50” inventions of all time: the Internet, computers, air-conditioning, radio, television, the telephone, and semiconductors
Constitutional Law - the Second Amendment with a Rational Bite: Looking for a Heightened Standard of Review - Chief of Police of City of Worcester v. Holden, 26 N.E.3D 715 (Mass. 2015)
Get PDFFamily Law- Letting Go and Stopping the Continuous Cycle of Litigation: Massachusetts Supreme Judicial and Limited Non-Binding Parent Coordinator Authority in Custody Cases of Minor Children - Bower v. Bournay-Bower 15 N.E.3D 745 (Mass. 2014)
Get PDFConstitutional Law - Shocking Results: Upholding the Prohibition against the Civilian Possession of Electrical Weapons - Commonwealth v. Caetano, 26 N.E.3D 688 (Mass. 2015), Vacated and Remanded Sub Nom. Caetano v. Massachusetts, 136 S. Ct. 1027 (2016)
Get PDFSpaces for Sharing: Micro Units Amid the Shift from Ownership to Access
Get PDFThis article, written for the Fordham Urban Law Journal’s symposium entitled Sharing Economy, Sharing City: Urban Law and the New Economy, explores the interaction between the sharing or peer-to-peer economy and new forms of housing, particularly micro-units. Certain components of the sharing economy, such as car sharing and co-working, rely on sufficient demand, typically produced by residents within close proximity to an asset-hub. Trade in the idle capacity of privately-owned goods frequently depends upon potential users sufficiently nearby to render sharing convenient. Land use regulations that permit development of micro-units may increase density to levels that better support a sharing economy infrastructure. The sharing economy is also frequently invoked to explain consumer demand for such units – as potential residents choose to forego space and rely on shared resources. Developers have sought to make micro-units more attractive to potential residents by providing access, sometimes on-site, to car and bicycle sharing. Such resources also may ease worries of neighbors concerned about increased density and some local governments have begun to consider the provision of sharing economy infrastructure in the land use approval process. In addition, certain new forms of residential development more expressly incorporate a culture of sharing and at times explicitly identify as a component of the sharing economy.
This article sketches out some of the theoretical and practical implications of the relationship between micro-units and housing more generally and the sharing economy. Even as many micro-unit residents embrace the sharing economy to complement their small living spaces, these units provide residents with an alternative to perhaps the simplest form of contemporary property sharing – living with roommates. They represent a turn away from certain informal sharing of property (kitchen items and food, living room furniture, music and book collections) towards more formal sharing through the peer-to-peer economy. The new exchanges of personal property facilitated by the sharing economy thereby simultaneously enable the increased privatization of an individual’s residence.
As the sharing economy reshapes cities it is also changing the types of housing demanded by urban residents. This article suggests that as cities revise existing regulations to respond to both the growing demand for micro-units and the expanding role of the sharing economy in urban areas, they should more carefully consider the potential synergies between these phenomena
Top Tens in 2015: Patent, Trademark, Copyright and Trade Secret Cases
Get PDFThe Supreme Court significantly affected the dynamics of patent litigation, holding that patent claim interpretation was not always reviewed de novo and that good faith belief that a patent was invalid was not a defense to infringement. The Federal Circuit potentially changed the approach to patent claim interpretation, holding that claims could be interpreted in light of the written description of the invention, even where the claim was not ambiguous. The Federal Circuit also addressed inducement of patent infringement, holding that it was not inducement to suggest consulting a physician who would likely prescribe an infringing treatment. The Federal Circuit also held that two parties acting in concert could infringe a patent, replacing its rejected doctrine of divided infringement. Trademark saw rejection of trade dress protection for cell phone design and conflicting opinions on whether disparaging trademarks are registrable. Copyright cases show that fair use authorized the Google Book project and also protected against attempts to use copyright to censor critics. Courts addressed some classics of copyright courses, including the copyrightability of maps, recipes, and “Happy Birthday to You.” Trade secret cases emphasized the fundamental requirements, rejecting attempts to give trade secret protection where parties had failed to take the necessary reasonable security measures
Metropolitan-Wide Governance and an Innovation District: Smart Growth Reforms to Increase Economic Competitiveness in Warsaw, Poland
Get PDFThe Capital City of Warsaw, Poland faces several challenges in becoming a global city that thrives on innovation and high-tech, knowledge-based service industries. Almost totally destroyed during World War II, the City has reconstructed itself from scratch, but it lacks a good spatial design, and its underdeveloped infrastructure and transportation system remain problematic. Further, urban sprawl has enveloped Warsaw’s metropolitan area, and the City has no authority outside of its jurisdictional boundary lines to address this issue unless it obtains cooperation from surrounding municipalities. This article contends that Warsaw cannot be economically competitive in the global economy unless it creates conditions conducive to innovation and sustainable growth. Because the world economy is one that revolves around net-worked regional communities, the article proposes the establishment of a Warsaw metropolitan-wide regional government. Investments that improve regional connectivity, accessibility, and economic competitiveness not only improve Warsaw’s climate for innovation, but they also enhance its ability to receive European Union funding, which prioritizes integrated economic development that fosters sustainable and inclusive growth. The article also suggests that Warsaw develop a new city center, ideally in the Praga area, to become a showcase for exemplary urban design and sustainable techniques. Barcelona, Spain serves as an excellent model for such a center because its innovation district balances the urban elements necessary to create an environment in which the creative, entrepreneurial sector can work and live in close proximity, namely public amenities, public space, parks, housing, and infrastructure
