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Protection Against Abuse of Trademark Law in Greater China: A Brief Analysis of the People’s Republic of China, Hong Kong, Macau, and Taiwan
Get PDFPregnancy Test Missed Before IUD Placement? Your Liability
No full textCase-based discussion about a gynecologist accused of placing an IUD without performing a pregnancy test
From Visualization to Legal Design: A Collaborative and Creative Process
Get PDFThe digital revolution has prompted a strong and accelerating interest in visualization -the use of images, photos, icons, diagrams, charts, or videos to enhance or supplant printed language. Although the law remains predominately focused on the written word, the appeal of images to clarify and persuade suggests that legal visualization will be increasingly explored in research and legal practice in coming years. As Michael D. Murray writes, socio-epistemic and law and society studies affirm that as modern culture becomes increasingly visual, discourse of every kind must follow suit.
Pioneering visualization studies have been groundbreaking and expansive. Murray provides a helpful overview of many vectors that contribute to the understanding and growing use of visualization: the scholarship of popular culture, cognitive studies and brain science, data visualization studies, modern argument theory in rhetoric, the rapid development of technology in the production of documents, and technology in the reading and reception of documents. Some studies are more psychological or philosophical, analyzing images distinctly from words. These contributions contrast the cognitive processing, emotional impacts, or sociological implications of pictures with texts, and they help explain the potential benefits and dangers of visual law in the digital age. Other studies examine how images might function within traditional legal systems, focusing on how they may be used persuasively within litigation.
Given the extent to which technology is advancing, permitting a range of legal visualizations to enter both legal research and practice, this article explores this evolving field with a focus on the process of visualization development, rather than the product-the image itself. The article contributes to the existing literature on legal visualization in multiple ways: first, it offers guidelines for using images in conjunction with words, rather than in isolation, as much of the cognitive-oriented legal visualization research suggests. Realistically, legal visualization is almost always used in hybrid ways-combinations of words and images to enhance the effectiveness of communication. That seems unlikely to change, given the need for detail and refinement when the law imposes duties on people. Second, we examine the use of images in business documents and in statutes, rather than in advocacy, which is the focus of much of the visual law literature mentioned above. Moving away from adversarial settings permits us to illustrate the use of images in a broader range of practical legal applications. It also enables us to analyze the value of visualization as a means to enhance user experience and organizational effectiveness. Finally, we analyze variables surrounding choices and consequences about the process of generating, transmitting, and using images to accompany legal language, which we call Legal Design. Legal Design goes beyond visualization. While it includes the use of graphic communication tools, it is not limited to document design or visualization. Rather, it merges legal and design thinking. It includes using design methods and tools other than graphics for legal purposes. Legal Design focuses on the way in which visual tools are created and effectively used in a legal transaction or legislative drafting. Examining this dynamic can deepen our understanding of the information conveyed. It can also reveal the potential of Legal Design to create spillover value for businesses or regulatory agencies that employ the images\u27 effectiveness in line with strategic and proactive approaches to lawyering and the law.\u2
Certain Certiorari: The Digital Privacy Rights of Probationers
Get PDFIn a recent oral argument, a judge on the California Court of Appeal told me they had at least 50 pending cases on the constitutionality of probation conditions authorizing suspicionless searches of digital devices. As counsel of record in three of those cases, I feel positioned to comment on this hot topic within criminal law. My intention here is less to reconcile California\u27s cases on suspicionless searches of probationers\u27 digital devices than to locate them within the precedents of the United States Supreme Court, which is bound before long to pick up a case for the same purpose
Sexual Violence as an Occupational Hazard and Condition of Confinement in the Closed Institutional Systems of the Military and Detention
Get PDFWomen in the military are more likely to be raped by other service members than to be killed in combat. Female prisoners internalize rape by corrections officers as an inherent part of their sentence. Immigrants held in detention fearing deportation or other legal action endure rape to avoid compromising their cases. This Article draws parallels among closed institutional systems of prisons, immigration detention, and the military. The closed nature of these systems creates an environment where sexual victimization occurs in isolation, often without knowledge of or intervention by those on the outside, and the internal processes for addressing this victimization allow for sweeping discretion on the part of system actors. This Article recommends a two-part strategy to better make victims whole and effect systemic, legal, and cultural change: the use of civil lawsuits generally, with a focus on the class action suit, supplemented by administrative law to enforce federal rules on sexual violence in closed systems. This Article strives to break down the walls that separate these different closed systems into silos, toward an end of shifting laws and policy to better address the multi-faceted problem of sexual victimization
The Role of the Consulate General of Mexico in San Diego: Exercising an Effective Consular Diplomacy
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Accountability in Policing: How Complicity Perpetuates Institutional Injustice and Inequities in the United States and South Africa
Get PDFWhite Doors, Black Footsteps: Leveraging White Privilege to Benefit Law Students of Color
Get PDFLaw students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In addition, relevant scholarship comments that one of the primary privileges of whiteness is having greater access to power and resources than people of color do. It follows then, as recent legal scholarship suggests, that law students of color who fail to develop a cultural competence may be at a professional disadvantage if they are ill-prepared to work with diverse clients and colleagues. In other words, the success of law students of color, as well as their access to resources in the legal profession, strongly correlates with an acclimation toward positive interracial relationships. This Article draws upon interdisciplinary research, which suggests a white person\u27s heightened White Privilege Awareness (WPA), paired with the belief that their influence can enact positive change, reduces racial inequality against people of color. Specifically, this Article maintains that WPA among white law professors, who mentor students of color and then leverage their white privilege to open professional doors for these students, will reduce implicit bias and may ultimately increase the retention of diverse attorneys. While the best methods to diversify the legal profession have appeared elusive, it is actually equal opportunity and empowerment of attorneys of color that eludes us. Diversity then feels like a buzzword, not a tangible priority. Thus, this call to action for white professors is not rhetoric, but a unique opportunity for the white professor to diversify the legal profession
Insider Trading’s Legality Problem
No full textIn late 2016, in its highly-watched decision in Salman v. United States, the Supreme Court attempted once again to clarify the crime of insider trading, this time regarding the secondary and tertiary recipients of information commonly referred to as “remote tippees.” In doing so, the Court seemed to put to rest any question that a person who “gifts” a friend or family member with material non-public information for the purposes of trading on such information does in fact trigger a violation of law. As cases go, Salman is relatively straightforward. Nevertheless, it demonstrates several of the drawbacks that arise when criminal laws become the product primarily of cases and not statutes. Ordinarily, proponents of legislative law-making cast their arguments in fairness terms, as written statutes provide advance warning of what is and is not forbidden. This Essay contends that legislatively enacted statutes go further than that. Under the best circumstances, they can improve the content of criminal law precisely because they permit the legislature to differentiate similar yet morally distinct conduct. With this benefit in mind, the Essay imagines what insider trading law might look like were Congress to both define and subdivide the crime of insider trading into the kind of tiered or degreed crimes more routinely featured in state codes