Addressing rampant violation of indigenous groups’ cultural property rights, this paper contends that a group rights model of ownership of intangible property will protect the works of indigenous peoples from an ever-encroaching dominant society. This article discusses the historical...

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms...

“In the twenty-first century,” one commentator notes, “brands have acquired a place in the world unimaginable in any previous period of history.” Yet inasmuch as brands serve as powerful expressions of consumer identity and desire, they are also an important vessel of corporate identity...

This brief commentary succinctly analyzes the decisions of the U.S. Supreme Court in Matal v. Tam and Iancu v. Brunetti, and then challenges the reader to balance the importance of free speech in commerce against the value of diversity in society

Years ago, Article 19 of the Universal Declaration of Human Rights postulated "the right...to seek, receive and impart information and ideas through any media and regardless of frontiers." At the time, it seemed like a relatively simple statement against government censorship and interference...

The world of global trademarks can be characterized in terms of three major shifts: first, a shift from national to global branding strategies; second, a shift from national and regional systems to harmonized international regimes governing trademark law; and third, a concurrent shift from local...

Almost every industry today is confronting the potential role that artificial intelligence and machine learning can play in its future. While there are many, many studies on the role of AI in marketing to the consumer, there is less discussion of the role of AI in creation and selecting a...

A few years ago, it was fanciful to imagine a world where intellectual property owners - such as record companies, software owners, and publishers - were capable of invading the most sacred areas of the home in order to track, deter, and control uses of their products. Yet, today, strategies of...

This essay contends that there is a structural element of federal law and policy that sets up legal battles over American Indian sacred sites. The Supreme Court has held that whatever rights groups may have at sacred sites, the federal government's rights as owner and sovereign of the public...

In this article, the Author undertakes a law and literature approach to a major Indian law problem: understanding the losses of allotment. Allotment was a mid 19th - early 20th century federal legislative program to take large tracts of land owned by Indian tribes, allocate smaller parcels to...