Top 10 Lawarxiv Papers Today


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#1. Nonbelievers
Nelson Tebbe, Cornell Law Library
97 Virginia Law Review 1111 (2011) How should courts handle nonbelievers who bring religious freedom claims? Although this question is easy to grasp, it presents a genuine puzzle because the religion clauses of the Constitution, along with many contemporary statutes, protect only religion by their terms. From time to time, judges and lawyers have therefore struggled with the place of nonbelievers in the American scheme of religious freedom. Today, this problem is gaining prominence because of nonbelievers’ rising visibility. New lines of social conflict are forming around them, generating disputes that have already gone legal. In this Article, I argue that no wholesale response will do. Nonbelievers and believers should receive comparable protection in some situations but not in others. The method I apply is polyvalent - it seeks to capture the full range of values that should matter, recognizing that the mix of relevant concerns may differ from doctrine to doctrine. Two arguments push against my piecemeal approach, however....
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Authors: 2
Total Words: 28272
Unqiue Words: 7069

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#2. The Right to Explanation, Explained
Margot Kaminski
Many have called for algorithmic accountability: laws governing decision-making by complex algorithms, or AI. The EU’s General Data Protection Regulation (GDPR) now establishes exactly this. The recent debate over the right to explanation (a right to information about individual decisions made by algorithms) has obscured the significant algorithmic accountability regime established by the GDPR. The GDPR’s provisions on algorithmic accountability, which include a right to explanation, have the potential to be broader, stronger, and deeper than the preceding requirements of the Data Protection Directive. This Essay clarifies, largely for a U.S. audience, what the GDPR actually requires, incorporating recently released authoritative guidelines.
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MargotKaminski: @Nadya_Purtova @aselbst @mireillemoret Is also available here https://t.co/eQBCyiMFZ0
mireillemoret: RT @MargotKaminski: @Nadya_Purtova @aselbst @mireillemoret Is also available here https://t.co/eQBCyiMFZ0
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Authors: 1
Total Words: 11882
Unqiue Words: 3168

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#3. Book review: Romanian Academy (1866-2016). Bases, traditions and legal values (By: Prof. PhD Mircea Dutu, Dr.HC)
Ionel BOSTAN
Here is the most important book that relates to the creation and evolution of the Romanian Academy. The paper is written by the Director of the Institute for Legal Research "Acad. Andrei Rădulescu" (Romanian Academy). This brings many new and interesting elements related to the theme. The moment of publishing is the year in which one and a half centuries are celebrated since the establishment of the prestigious institution.
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Authors: 1
Total Words: 847
Unqiue Words: 451

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#4. Cooperative Patent Prosecution: Viewing Patents through a Pragmatics Len
Molly Lentz-Meyer, Kristen Jakobsen Osenga
This Article constructs a linguistics-based framework to consider patent claim construction and demonstrates that the often-told story that claim construction is broken is, in fact, wrong. Rather, it is the underlying conversations that comprise the patent acquisition process that are to blame. In Part I of this Article, I use linguistics to describe the characteristics of everyday conversation, as well as how it is interpreted. In Part II, I explain what patent conversations look like and how they are similar to and different from everyday conversation. In Part III, I apply the theories of interpreting everyday conversation to patent conversation. Breaking from tradition, I assert that claim construction is not broken; much claim construction methodology aligns with how we interpret everyday conversation. Claim construction is as good as it can be, given linguistic limitations. The problem is the patent conversation itself, specifically the communications that occur between the inventor and the Patent Office that give rise to an...
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Authors: 2
Total Words: 25594
Unqiue Words: 5489

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#5. You Say You Want a Revolution: Interpretive Communities and the Origins of Islamic Finance
Karen Shephard, Haider Ala Hamoudi
"48 Virginia Journal of International Law 249 (2008)Despite its currently conservative character, the modern practice of Islamic finance lies on a bedrock of social, cultural and economic revolution. Examination of these revolutionary origins and their attendant jurisprudential implications reveal much about the schizophrenia plaguing Islamic finance today, of a largely formalist practice repeating the functional aims of the early revolutionaries and falsely understood by substantial portions of the wider Muslim community to be achieving such aims. Though the revolution has not come to pass, some of the comparatively radical functional approaches conceived in the context of the anticipated upheaval, and in particular those of the Iraqi Shi'i jurist Muhammad Baqir al-Sadr, deserve reconsideration and refinement as a means through which to reformulate the entire practice of Islamic finance in a manner that realizes more completely the aspirations of the broader Muslim community in its call for uniquely Islamic forms of human...
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Authors: 2
Total Words: 25932
Unqiue Words: 6222

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#6. The TRIPS Article 31 Tug of War Developing Country Compulsory Licensing of Pharmaceutical Patents and Developed Country Retaliation
Lucas Volman
My dissertation examines compulsory licensing under Article 31 of the TRIPS Agreement by looking at the use of such licensing by developing countries, as well as retaliatory and restrictive measures imposed by developed countries. In doing so, it looks at the right to health, and price and intellectual property considerations for access to medicines in developing countries. It further explores the TRIPS compulsory licensing rules themselves to present compulsory licensing as a legitimate, and at times necessary, policy measure under international law. Then, it examines how compulsory licensing has been used and restricted since TRIPS, and how the compulsory licence relates to voluntary licensing and international free trade agreements, both of which are factors for the development of compulsory licensing strategies in developing countries.
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Authors: 1
Total Words: 41082
Unqiue Words: 8103

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#7. Blatt v. Cabela's Retail, Inc. and a New Path for Transgender Rights
Kevin M. Barry, Jennifer L. Levi, Western New England University School of Law
Published: Kevin Barry & Jennifer Levi, Blatt v. Cabela's Retail, Inc. and a New Path for Transgender Rights, 127 YALE L.J. F. 373 (2017). Since the Supreme Court recognized marriage equality in Obergefell v. Hodges, civil rights advocates have increasingly set their sights on transgender rights as the next legal frontier. Sex discrimination law, though an essential statutory tool, is not the only potential avenue for securing rights for transgender individuals. Another important federal source of protection for transgender people is disability rights law—in particular, the Americans with Disabilities Act (ADA). Disability rights law, unlike sex discrimination law, applies to public accommodations and government services, and also mandates reasonable accommodations. A transgender litigant successfully invoked the protections of the ADA for the first time in the recent case of Blatt v. Cabela’s Retail, Inc., where a federal court ruled that transgender people are not categorically barred from seeking relief under the ADA from...
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Authors: 3
Total Words: 10510
Unqiue Words: 3355

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#8. Harry L. Carrico and the Ideal of the Lawyer-Statesman
Molly Lentz-Meyer, Wendy Collins Perdue
�Professionalism.� This is a word that will always be associated with Justice Carrico�not only because he was a consummate professional himself, but also because he was dedicated to assuring that all lawyers understood the full ethical, social, and behavioral implications of their role as lawyers. Under his leadership, Virginia became the first state to require all newly-admitted lawyers to take a day-long course in professionalism. It is a model that has been widely emulated around the country.
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Authors: 2
Total Words: 435
Unqiue Words: 257

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#9. Appeals by the Prosecution
Nancy J. King, Michael Heise, Cornell Law Library
Scholarly and public debates about criminal appeals have largely taken place in an empirical vacuum. This study builds on our prior empirical work exploring defense-initiated criminal appeals and focuses on criminal appeals by state and federal prosecutors. Exploiting data drawn from a recently released national sample of appeals by state prosecutors decided in 2010, as well as data from all appeals by federal prosecutors to the United States Court of Appeals terminated in the years 2011 through 2016, we provide a detailed snapshot of non-capital, direct appeals by prosecutors, including extensive information on crime type, claims raised, type of defense representation, oral argument and opinion type, as well judicial selection, merits review, and relief. Findings include a rate of success for state prosecutor appeals about four times greater than that for defense appeals (roughly 40% of appeals filed compared to 10%). The likelihood of success for state prosecutor-appellants appeared unrelated to the type of crime, claim, or...
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Total Words: 25655
Unqiue Words: 4938

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#10. Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor: A Book Review
Beth D. Cohen, Western New England University School of Law
Published: Beth D. Cohen & Pat Newcombe, Prosecution of Child Pornography—The One-Eyed Judge by Michael A. Ponsor, A Book Review, 40 W. NEW ENG. L. REV. 159 (2018) The safeguarding and protection of children in society is crucial. Yet, children remain a vulnerable population; they are abused, neglected, trafficked, and exploited in numerous ways. In his new book, The One-Eyed Judge, Michael Ponsor, Senior United States District Court Judge for the District of Massachusetts, Western Division, who has presided over numerous child pornography cases, explores the complexities and legal implications of child pornography and exploitation.
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Total Words: 5144
Unqiue Words: 2146

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