#legalscholarship — Public Fediverse posts

Harvard Law Today: For the late Charles J. Ogletree Jr., a vast digital legacy. “The Harvard Law School Library recently hosted an event commemorating the sweeping legacy of Charles J. Ogletree Jr. ’78 and celebrating the completion of the Charles J. Ogletree Jr. Working Papers Digitization Project, ensuring his deep insights will continue to benefit future scholars.”

Harvard Law Today: For the late Charles J. Ogletree Jr., a vast digital legacy. “The Harvard Law School Library recently hosted an event commemorating the sweeping legacy of Charles J. Ogletree Jr. ’78 and celebrating the completion of the Charles J. Ogletree Jr. Working Papers Digitization Project, ensuring his deep insights will continue to benefit future scholars.”

Harvard Law Today: For the late Charles J. Ogletree Jr., a vast digital legacy. “The Harvard Law School Library recently hosted an event commemorating the sweeping legacy of Charles J. Ogletree Jr. ’78 and celebrating the completion of the Charles J. Ogletree Jr. Working Papers Digitization Project, ensuring his deep insights will continue to benefit future scholars.”

Harvard Law Today: For the late Charles J. Ogletree Jr., a vast digital legacy. “The Harvard Law School Library recently hosted an event commemorating the sweeping legacy of Charles J. Ogletree Jr. ’78 and celebrating the completion of the Charles J. Ogletree Jr. Working Papers Digitization Project, ensuring his deep insights will continue to benefit future scholars.”

Harvard Law Today: For the late Charles J. Ogletree Jr., a vast digital legacy. “The Harvard Law School Library recently hosted an event commemorating the sweeping legacy of Charles J. Ogletree Jr. ’78 and celebrating the completion of the Charles J. Ogletree Jr. Working Papers Digitization Project, ensuring his deep insights will continue to benefit future scholars.”

Derrick Kagwanja wins Brandy Austin Law Scholarship, demonstrating exceptional commitment to social justice and community empowerment through legal education. A rising star dedicated to serving underrepresented communities. #LegalScholarship #SocialJustice

You are cordially invited to the Fall 2025 Chicago-Kent Law Review Symposium, "Unsealing Schedule A."

The conference will be held via Zoom on Friday, Sept. 26.

Registration is free and open to the public: https://studentorgs.kentlaw.iit.edu/cklawreview/symposium/unsealing-schedule-a/

We hope you can join us!

#ScheduleA #LegalScholarship #LawProfs

The final version of "The Counterfeit Sham" is now available here: https://harvardlawreview.org/print/vol-138/the-counterfeit-sham/ #LawProfs #LegalScholarship #CounterfeitRhetoric #Schedule A

Looking forward to presenting my (extremely) early stage new project, "Ornamentality and Crime," today at the Mosaic IP Law & Policy Roundtable: https://iipsj.org/programs/annual-mosaic-conference/ #LawFedi #LawProfs #LegalScholarship #DesignHistory

You can read an older draft here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

#DesignPatents #CounterfeitRhetoric #LegalScholarship

“Dividing Trademark Use” at Harvard Law School

I workshopped my forthcoming paper, "Dividing Trademark Use," at the Trademark and Unfair Competition Scholarship Roundtable 2024 at Harvard Law School. Draft at the link.

https://jeremysheff.com/2024/10/21/dividing-trademark-use-at-harvard-law-school/

#Presentations #ProfessionalNews #Scholarship #Trademarks #IntellectualProperty #LegalScholarship #Trademark

New Paper Alert: An Empirical Evaluation of the Trademark Modernization Act

I've just posted to SSRN a preprint of my forthcoming article reporting the first empirical analysis of the Trademark Modernization Act's new ex parte reexamination and expungement proceed

https://jeremysheff.com/2024/07/23/new-paper-alert-an-empirical-evaluation-of-the-trademark-modernization-act/

#EmpiricalResearch #Scholarship #Trademarks #empirical #IntellectualProperty #LegalScholarship #PTO #Trademark

On my reading list: Silbey & Subotnik on Warhol: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4860245 #ArtLaw #LawFedi #LawProfs #LegalScholarship

An Empirical Evaluation of the Trademark Modernization Act at Houston/IPIL Santa Fe

Slides from my presentation on Trademark Modernization Act Proceedings at the Houston IPIL Santa Fe National Conference.

https://jeremysheff.com/2024/06/10/an-empirical-evaluation-of-the-trademark-modernization-act-at-houston-ipil-santa-fe/

#EmpiricalResearch #Presentations #Scholarship #Trademarks #IntellectualProperty #LegalScholarship #PTO #Registration #Trademark

Fellow profs (especially law profs), I'm curious:

If you wanted to find all the articles a particular scholar had written, how would you go about doing that?

#LawProfs #LegalScholarship #LawFedi

@academicchatter

Check out these JOTWELL reviews of work by my #SuffolkLaw colleagues

- John Ifranca (@JohnInfranca) https://property.jotwell.com/one-hundred-years-of-solitude-a-reconsideration-of-single-family-zoning/; and

- David Yamada https://worklaw.jotwell.com/why-employees-need-the-osh-act-and-oshas-protection-from-psychological-harm-due-to-unsafe-workplaces/

#LegalScholarship #LawProfs

This is to say that I am an Executive Editor of "The Seattle Journal for Social Justice" next year and in the position to make changes.

What are your suggestions for how to make law reviews better for writers, readers, and reviewers?

#LawFedi #LegalScholarship

NEW FROM ME: "Works of Audience and the Human’s Way of Knowing"

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4792146

A short article about my "work of audience" concept. I respond to Debora Halbert's "Feminist Interpretations of Intellectual Property," which describes men's (individual) and women's (social) ways of knowing and how copyright law privileges men's over women's.

I synthesize these ways of knowing and describe the work of audience, the mental copy of a work that each audience member constructs while consuming the work of authorship. The vast majority of human idea generation is mental response, not embodied and "original" works. Yet copyright tells us that the vast majority of what we do is worthless because it is not in a form that is preferred for gendered reasons.

Thus, copyright is the inhumane antithesis of human generation, a gendered disease inherent in the (men’s) individual way of knowing. We need neither to preserve it nor pretend the disease is its own cure. Copyright must be abolished to embrace all forms of creativity and achieve gender parity.

#copyright #ssrn #lawfedi #legalscholarship #abolition

LawArXiv has been retired and replaced with "a new branded preprint service," Law Archive, that operates "under the Yale Law Library's umbrella" (h/t @luis_in_brief): https://www.cos.io/blog/yale-law-archive

#LawProfs #LegalScholarship #OpenAccess

My latest publication, "Uncreative Designs," now live in the Duke Law Journal: https://scholarship.law.duke.edu/dlj/vol73/iss7/2/

#LawProfs #LegalScholarship #SubFeistDesigns

Saw this today:

"Similar to Olaplex, 'K18 has a patent to prove it works in hair bonding,' says King": https://www.elle.com/beauty/hair/g46077474/best-hair-bonding-treatments/

No, a patent doesn't "prove" a product "works." That's not what a patent means. The USPTO does not do efficacy testing.

See, e.g., https://patents.google.com/patent/US8609158B2/en?oq=8%2c609%2c158

****

This of course made me think of @michaelmattioli's paper on the salience of patents: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4366900

#LawFedi #PatentFedi #LegalScholarship

Excited to share that my newest article, "The Counterfeit Sham," will be published in Volume 138 of the Harvard Law Review.

You can read the current draft here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

#LawFedi #LegalScholarship #CounterfeitRhetoric

A Heap of IP at Santa Clara (WIPIP 2024)

Today I presented my work in progress, "A Heap of IP: Vagueness in the Delineation of Intellectual Property Rights," at the Works-in-Progress in Intellectual Property (WIPIP) Conference at Santa Clara University School of Law. This project seeks to connect philosophical literature on v

https://jeremysheff.com/2024/02/03/a-heap-of-ip-at-santa-clara-wipip-2024/

#LegalTheory #Scholarship #IntellectualProperty #LawAndPhilosophy #LegalScholarship

It's law review submission season. Did you know that @ScholasticaLawReviews is here in the fedi, posting journal openings?

#LawReviews #LegalScholarship #LawProfs #LawFedi

Delighted to be able to share a new version of my article on #CounterfeitRhetoric, now with 100% more Zorro content:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

Comments welcome!

#LegalScholarship #LawFedi #LawProfs #PatentFedi #CounterfeitSham #ScheduleA #DesignPatents

Fellow IP #LawProfs: Please join us for an M3 Workshop at Suffolk Law this May. (M3 stands for Mid-career or “Mezzanine” scholars, Middle of the academic year, & Mid-point drafts.)

Check your email inbox for details.

If you're not on the IPProfs listserv and you started a full-time law teaching job between Fall 2009 and Fall 2016, feel free to reach out to me directly.

Hope you can join us!

#LawFedi #LegalScholarship

Our first issue is off to the printer! 🎉 Here's a preview of what we're publishing in Issue 1 of Volume 56.

CLR is so grateful to these authors for trusting us with their work. We look forward to highlighting their scholarship on here in the coming weeks.

#legalscholarship #lawprofs

Welcome to the fedi, @ScholasticaLawReviews!

https://mastodon.social/@ScholasticaLawReviews/111371856346312829

Scholastica's feed of journal openings was one of the most useful feeds (at least for me) on Twitter. Glad to see them here.

#LawProfs #LegalScholarship #LawFedi

Still annoyed by the person who summarized (and seemingly dismissed) all concerns about #ScheduleA litigation as being about "bypassing procedural safeguards."

More like trampling on the defendants' constitutional rights.

Steamrolling the due process clause.

How do I capture this in a way that will convince non-proceduralists to care?

#LawFedi #LawProfs #LegalScholarship

What advice would you give to someone writing their first law review article?

I agreed to be on a panel on this topic and I'm curious about what others think.

#LawProfs #LawFedi #LegalScholarship

Today is #indigenouspeoplesday. We honor the resiliency of Native peoples & respect the enduring relationships they have with this land.

If you missed Friday's symposium #InterrogatingBrackeen—addressing tribal sovereignty & #ICWA—it's available here: https://bit.ly/3ZONwyP

#legalscholarship #academia #lawfedi

That's a wrap on our 2023 Symposium, #InterrogatingHaalandvBrackeen !

Thanks to all for tuning in and we hope you enjoyed the program for those who were able to watch.

#lawfedi
#legalscholarship
#lawprof

Prof. Ablavsky states, "The Court has become a much more dangerous source of doctrine for Native people in the present." He forecasts that Thomas's view will be utilized to expand #Stateauthority into Native Country.

#InterrogatingHaalandvBrackeen #Brackeen #lawfedi
#legalscholarship
#lawprof

Prof. Briggs kicks off Panel 2 by teaching that whenever we review a #lawreviewarticle stating that #ICWA was passed because children were being taken, "just know that decades of history is being glossed over."

#InterrogatingHaalandvBrackeen #Brackeen #lawfedi
#legalscholarship
#lawprof

During the #QandA after Panel 1, Prof. Kathryn Fort advocated for increased education of #political and #racial classifications of Native tribes, which will help future #legaladvocates when the time comes.

#InterrogatingHaalandvBrackeen #Brackeen #lawfedi
#legalscholarship
#lawprof

Chairwoman Andrews-Maltais encourages #tribes to reach out to their #legislature to increase and strengthen the laws of #ICWA to fortify the #defenses against ever-present threats.

#HaalandvBrackeen #Brackeen #lawfedi
#legalscholarship
#lawprof

Chairwoman Andrews-Maltais describes the day that the #HaalandvBrackeen #SCOTUS #decision came down: "We cheered, we cried, we laughed . . . but the threats are ever-present."

#Brackeen #lawfedi
#legalscholarship
#lawprof

Chairwoman Cheryl Andrews-Maltais of Wampanoag Tribe of Gay Head Aquinnah rounds out Panel 1 of #InterrogatingHaalandvBrackeen by stating that, "the theft of our children is the most egregious and harmful genocide that can possibly be imagined."

#Brackeen #ICWA #lawfedi #legalscholarship #lawprof

Attorney Ian Gershengorn discusses his main points he brought to #SCOTUS to preserve #ICWA in #HaalandvBrackeen to show that this action was, "political, political, political".

#legalscholarship #lawprof #lawfedi #Brackeen

Did you know, according to Professor Kathryn Fort, #HaalandvBrackeen was made difficult because it is one of the first cases shifting #ICWAlitigation from state court to federal courts, and #federalcourts don't usually deal with child welfare issues?

#Brackeen #legalscholarship #lawprof

Our final panelist is @Bethanyrberger of UConn Law. She has coauthored amicus briefs in multiple Supreme Court cases affirming tribal sovereignty & is generously serving as our symposium advisor.

Learn from Prof. Berger & others on Fri. 10/6 @ 12 EDT: https://bit.ly/CLRSymposium

#icwa #brackeen #legalscholarship #legalacademia

Our next panelist is Professor Gerald Torres of @YaleLawSch & @YaleEnvironment. Professor Torres served as Counsel to the Atty General on environmental & Indian affairs at the U.S. Dep't of Justice.

Learn from Prof. Torres & others on Fri. 10/6 @ 12 EDT: https://bit.ly/CLRSymposium

#ICWA #Brackeen #legalscholarship #legalacademia

We are delighted to share that Prof. Laura Briggs of @UMassAmherst will be speaking at our symposium. Prof. Briggs studies the U.S. history of gender, race, and reproduction, including Native sovereignty & #ICWA.

To learn from Prof. Briggs & others: https://bit.ly/CLRSymposium

#legalscholarship #lawfedi #academia

We are delighted to announce our panelists for Interrogating Haaland v. #Brackeen.

Professor Ablavsky of @StanfordLaw writes extensively on Native nations and U.S. relations.

Register here to learn from Prof. Ablavsky & others on Fri. 10/6 @ 12 EDT: https://bit.ly/CLRSymposium

#ICWA #legalscholarship #lawprofs #lawfedi

Registration is live for our 2023 Symposium: Interrogating Haaland v. Brackeen! This event will be held virtually on October 6, 2023 from 12:00-2:30 PM EDT and will feature an incredible group of panelists, including Chairwoman Andrews-Maltais, #SCOTUS attorney Ian Gershengorn, #LawProfs Greg Ablavsky, Seth Davis, Kate Fort & Gerald Torres & #GenderStudies Prof Laura Briggs

Please click here to register: https://bit.ly/interrogatingbrackeen

#ICWA #LawFedi #legalscholarship

I talk quite a bit about #CounterfeitRhetoric on here.

If you're interested in learning more, I just posted a draft of my working paper on the topic, "The Counterfeit Sham": https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4549909

This paper includes a discussion of the #ScheduleA litigation model, the border-seizure bill that some want to resurrect in Congress & "terrorism" talk.

#DesignPatents #Counterfeiting #LegalScholarship #LawFedi #PatentFedi

Anyway, the issues in #LKQvGM are ones I've been thinking about for a long time.

In fact, I wrote about #KSR & design patents in my very first law review article: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

For some more recent thoughts:

- https://patentlyo.com/patent/2022/12/defense-rosen-references.html

- https://patentlyo.com/patent/2023/07/design-patent-exceptionalism.html

#DesignPatents #Rosen #LawFedi #LegalScholarship

For more on design patents & 103, see: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926162

For more thoughts on the Federal Circuit's pending 103 case (#LKQ), see:

- https://patentlyo.com/patent/2022/12/defense-rosen-references.html

- https://patentlyo.com/patent/2023/07/design-patent-exceptionalism.html

#DesignPatents #Rosen #LegalScholarship

📝 #CallForPapers: Retskraft – Copenhagen Journal of Legal Studies, Winter 23/24 Issue (deadline August 15th)

Retskraft, the student-edited legal journal at the #UniversityOfCopenhagen, is seeking contributions for our next issue. We accept contributions in all areas of law including interdisciplinary research. See more below 👇

#Law @law #LegalResearch #LegalScholarship #LawStudent #LawStudents

On my reading list:

"Fifty Years of Patent Remedies Case Law: Two Steps Forward, One Step Back," by Thomas Cotter

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4144810

#PatentFedi #LegalScholarship #IPScholarship #Remedies