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Civil Rights: Did Employers Violate the Prohibition against Discrimination because of Sex When They Terminated Employees because of the Employees\u27 Sexual Orientation
No full textFisher\u27s Forewarning: Using Data to Normalize College Admissions, 21 U. Pa. J. Const. L. 813 (2019)
Get PDFThis Article presents a nuanced view of Fisher v. University of Texas that has largely been ignored in mainstream discourse in the case. In Fisher, Justice Anthony Kennedy cast the deciding vote to uphold the University of Texas (“UT”) race-conscious admissions policy. This was the first time that Justice Kennedy voted to uphold a race-conscious policy, and many commentators have focused on this aspect of his Fisher majority opinion. However, Justice Kennedy also gave a stern forewarning to UT and other universities: in the future, they better have strong data to show that they need to use race-conscious admissions. Kennedy did not hold UT to a strenuous evidentiary burden because the University did not have incentive to collect certain data up to 2008— the year that Plaintiff Abigail Fisher was denied admission. However, he also made it clear that UT and other universities are now on notice and will need meticulous data for future defense of their policies.
Using UT as a model, this Article shows how universities can use data to defend their race-conscious policies and to ensure that they are attaining student body diversity along racial, socioeconomics, and other lines. First, this Article reviews jurisprudence on race-conscious university admissions, all the way up to Justice Kennedy’s forewarning. Second, it evaluates data that UT has gathered since 2008. It considers admission and enrollment rates for UT’s race-neutral Top Ten Percent Law (“TTPL”) and for its race-conscious holistic admissions policy, and it also examines which secondary schools are the top feeders for minority students at UT. This Article argues that UT needs its race-conscious holistic policy because (1) White American students admitted under TTPL enroll at greater rates than Black and Latina/o TTPL admittees; and (2) Those minority students who are admitted via TTPL come from racially homogeneous schools. Part III of the Article then concludes with proposals for UT to defend its race-conscious policies and to improve enrollment and retention rates for minority students. These proposals also provide models for other universities who may face lawsuits against their affirmative action policies
VLM Food Trading International, Inc. v. Illinois Trading Company, an Exercise on the Battle of the Forms Under the CISG and the UCC, 48 No. 4 UCC L. J. Art 2 (2019)
No full textTechnology and Regulatory Black Holes: Issues in Protecting IP Rights in Insolvency for Both Licensors and Licensees, 18 QUT L. Rev. 290 (2019)
No full textAustralia’s insolvency laws have a curious deficiency: There are virtually no provisions on the treatment of ongoing contracts. Such contracts may well represent some of the most valuable assets of a business debtor, small or large, especially in this new era of rapid technological innovation, where tangible property often pales in value to that inherent in intellectual property. Indeed, IP rights are often the nucleus around which a small business’ vitality revolves. The inability of businesses predictably to rely on, manage, and protect license contracts preserving IP rights is a problem that is sure to become more acute in the coming decades, as both the importance of IP rights and the incidence of business insolvency rise. Experience from across the Pacific portends a potential wave of coming disputes involving such rights in developed economies like Australia’s, potentially hitting small entrepreneurs hard and undermining the effectiveness of insolvency proceedings for these crucial debtors and their creditors. This article reveals a proliferation of disputes concerning IP license rights and several salient challenges confronted by both licensors and licensees, debtors and non-debtors, in domestic and cross-border insolvency proceedings in US insolvency proceedings. The common root of these challenges seems to be legislation that did not foresee the rise of IP licensing as a mainstay of modern entrepreneurship. The simple common solution, and a guide for Australian regulators, is more careful consideration of non-obvious pitfalls in laws that preserve IP license rights in insolvency cases to maximise value not only for the parties involved, but for modern societies who increasingly depend on innovation and entrepreneurship
A Current Update of EPCRS Through Rev. Proc. 2019-19, 47 Tax Mgmt. Comp. Plan. J. 1 (Dec. 6, 2019)
Get PDFStill Writing at the Master’s Table: Decolonizing Rhetoric in Legal Writing for a “Woke” Legal Academy, 21 The Scholar 255 (2019)
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The Perspiration Principle,18 J. Marshall Rev. Intell. Prop. L. 463 (2019)
Get PDFShould copyright be awarded in an instance where a work of authorship lacks inspiration and is instead simply the result of necessary and genuine hard work? Should patents likewise be offered to inventors whose achievements derive not from any flash of genius but from sweat and labor alone? In this Essay, Professor Lichtman revisits the economic case in favor of a perspiration principle under which hard work would be a sufficient trigger for intellectual property protection, even in instances where the resulting achievements lack the creative spark that patent and copyright law typically require
