michiganprelawland

[michiganprelawland]

History of Immigration Law in the United States 

By Lucy Clark, University of Michigan Class of 2023

October 26, 2023

Following President Biden's recent decision to continue the construction of the United States (U.S.)-Mexico border wall, it can be helpful to gain an objective view of immigration policies evolution in the U.S. by looking at their history. Since this timeline will discuss both immigration and migration, it will also be helpful to define these terms. Migration refers to a movement across regions[1]. Migration can take place across national borders or within one nation. Immigration, on the other hand, only refers to movement across national borders[2].

1000 AD: Although it is disputed whether he was an immigrant, the first Viking explorer named Leif Erikson landed on the shores of the United States around 1000 AD. chose to include this on the timeline because the Vikings eventually created a settlement in North America following Leif's discovery.

1492: Christopher Columbus accidentally lands in North America

1526-1700s: England and other European countries began sending exploration expeditions to the US to gather resources and establish settlements.

1619: European colonizers began facilitating the forced immigration of African people through the slave trade[3].

1830: Following the establishment of European settlements, colonizers forced nearby Native American populations to migrate to claim more land for themselves. These forced migrations led to massive loss of life within the Native American community[4].

1861-1890: European immigrants continued to settle in the United States in search of resources due to political exile for criminal activity, religious persecution, and personal freedom[5]. Europe underwent a transitional period with crop failures, a change in spiritual tolerance levels, job shortages, and increasing taxes[6]. These changes drove many people from Europe to new lands for better opportunities. Immigrants were primarily from Southern and Eastern Europe[7].

1891: United States Congress passed the Immigration Act of 1891. This new legislation "expanded the list" of countries whose people were excluded from being able to immigrate to the U.S., shortened how long immigrants had to be in the U.S. not to face deportation if from excludable countries, and established what would become the Bureau of Immigration[8].

 1910-1930: Anti-immigration sentiment grew, especially toward immigrants not from European countries.

1921: The Emergency Quota Act was passed. This act limited the number of immigrants to a certain quota, except for immediate family members. This exclusion was the first immigration legislation that preferenced family ties in immigration policy[9].

1933: The government conducted a mass deportation of immigrants, mainly of Mexican descent, hoping to create jobs for American citizens[10].

1940: The Alien Registration Act was passed, which required non-US citizens to register their fingerprints and addresses with the federal government[11].

1942-1964: About 4.5 million Mexican laborers were allowed to immigrate to the U.S. under the Bracero Program, stipulating their labor in the U.S. When this program temporarily ended in 1947, illegal immigration rose dramatically[12].

1952: The Immigration and Nationality Act was passed. This act raised quotes for immigration, set a minimum number of visas the U.S. granted, aimed to reunite families split up under previous immigration legislation, and repealed anti-Asian immigration policies[13].

1965: The Immigration and Nationality Act of 1965 was passed. This act repealed the quota system for immigration, instead replacing immigration policy with a preference system based on holistic factors, including family sizes, type of labor specialization, and conditions of the immigrant's home country[14].

1966-1980: The Immigration and Nationality Act of 1965 did not prioritize the immigration of lower-skilled workers. The inability of these lower-skilled workers to legally immigrate led to higher levels of illegal immigration during this time[15].

1986: The Immigration Reform and Control Act was passed, which aimed at combatting rising levels of illegal immigration by establishing punishments for employers who knowingly hired illegal immigrants. This act was partially successful, but many illegal immigrants found proof of citizenship papers through illegal means[16].

1990: The Immigration Act of 1990 aimed at increasing the number of legal immigrants to the United States by raising quotas and restriction guidelines[17].

1996: The Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act were passed, which both aimed to increase penalties for illegal immigration[18].

2001: Following the 9/11 terror attacks, immigration policy was expanded to allow for the deportation of suspected terrorists[19].

2012: President Obama extended protections to some immigrants from deportation (history).

2017: President Trump created restrictions on travel and immigration from several majority-Muslim countries[20].

Overall, by looking at how immigration legislation in the United States has changed over time, we can see that the US has become more open to immigration. However, depending on the state of the world and the sitting president, there have been significant restrictions on immigration at times.

______________________________________________________________

[1] Immigration vs migration. Diffen. (n.d.). https://www.diffen.com/difference/Immigration_vs_Migration

[2] Immigration vs migration. Diffen. (n.d.). https://www.diffen.com/difference/Immigration_vs_Migration

[3] The 1619 Landing - Virginia’s first Africans report & faqs. The 1619 Landing - Virginia’s First Africans Report & FAQs | Hampton, VA - Official Website. (n.d.). https://hampton.gov/3580/The-1619-Landing-Report-FAQs#:~:text=In%20late%20August%2C%201619%2C%2020,Virginia%20with%20additional%20enslaved%20Africans.

[4] Indian removal act. Indian Removal Act. (n.d.). https://education.nationalgeographic.org/resource/indian-removal-act/

[5] Immigration to the United States, 1851-1900  :  rise of industrial america, 1876-1900  :  U.S. history primary source timeline  :  classroom materials at the Library of Congress  :  library of Congress. The Library of Congress. (n.d.). https://www.loc.gov/classroom-materials/united-states-history-primary-source-timeline/rise-of-industrial-america-1876-1900/immigration-to-united-states-1851-1900/

[6] Immigration to the United States, 1851-1900  :  rise of industrial america, 1876-1900  :  U.S. history primary source timeline  :  classroom materials at the Library of Congress  :  library of Congress. The Library of Congress. (n.d.). https://www.loc.gov/classroom-materials/united-states-history-primary-source-timeline/rise-of-industrial-america-1876-1900/immigration-to-united-states-1851-1900/

[7] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[8] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[9] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[10] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[11] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[12] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[13] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[14] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[15] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[16] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[17] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[18] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[19] Cato.org. (n.d.). https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day#immigration-policy-21st-century-2000-2020

[20] A&E Television Networks. (n.d.). U.S. immigration timeline: Definition & reform - history. History.com. https://www.history.com/topics/immigration/immigration-united-states-timeline

[michiganprelawland]

US-Mexico Border Wall Construction

By Lucy Clark, University of Michigan Class of 2023

October 26, 2023

The construction of a border wall between the United States (US) and Mexico has been controversial since its conception. During the 2016 election, former President Trump made constructing such a border wall one of the key promises of his campaign[1]. Although during Trump's presidency construction began, there has yet to be much progress on the wall's completion. However, this lack of progress might be changing soon. In recent weeks, current President Biden waved 26 federal laws to enable the construction of the border wall[2]. It is controversial for President Biden to have made this decision because of the sensitive nature of immigration. Furthermore, President Biden is a member of the Democratic party, which has historically not put its support behind the construction of a US-Mexico Border Wall the same way the Republican Party has. In fact, at times, the Democratic Party has actively fought against constructing such a border wall[3]. Even President Biden himself stated during his 2020 campaign that he would not "build another inch[4]" of the border wall and recently restated his belief that the border wall is "ineffective[5]" at deterring immigration. The main reason for President Biden's decision to continue building the border wall stems from the fact that money for the project has already been granted and cannot be redistributed to other projects[6].

Immigration is necessary for both immigrants and the countries they immigrate to. Many immigrants flee their home countries for lack of opportunities, religious persecution, or otherwise unsafe circumstances. In this way, the receiving countries act as a safe place for immigrants to live more freely in all senses. Conversely, the receiving countries get an influx of current and future workers to stimulate the economy and enrich the country culturally. This influx of workers to the economy is partially what makes immigration such a controversial topic. When new immigrant workers arrive in the country, they are often willing to work longer hours for less pay than domestic citizens. This discrepancy causes competition in the job market between immigrants and domestic citizens. This competition can, in turn, make domestic citizens more resistant to pro-immigration legislation in their country. Outside of the economic implications of immigration, there are also racial stereotypes and racism that can play a role in people's opposition to immigration. 

Immigration has always been a primarily legal and legislative topic. On the legal side, immigration lawyers work directly with immigrants or immigrant organizations to fight the right of specific individuals to immigrate. These individual cases can then act as precedents for future cases. In cases between immigration lawyers and individual immigrants, the opposition to the immigration lawyers�� case is usually some form of government entity (organization, judge, etc.). On the legislative side of immigration, lawyers can still be involved, although they work alongside lawmakers and civil servants to push for or against various immigration policies.

Regardless of how much border wall is constructed, one thing is certain: lawyers will play a key role in immigration for the foreseeable future. Aside from just advocating for immigration cases and legislation, lawyers also play a crucial role in employment and the economy. Employment lawyers can advocate for or against domestic companies taking on immigrant workers, which can directly affect the company's policies and legislation surrounding employment regulation. Additionally, when immigrants or domestic workers feel discriminated against, they turn to lawyers to advocate for their rights. No matter what part of immigration and its effects you look at, lawyers are involved at every corner.     

______________________________________________________________  

[1] Trump promises wall and massive deportation program. POLITICO. (n.d.). https://www.politico.com/story/2016/08/donald-trump-immigration-address-arizona-227612

[2] ABC News Network. (n.d.). ABC News. https://abcnews.go.com/US/wireStory/biden-administration-waives-26-federal-laws-border-wall-103738662#:~:text=McALLEN%2C%20Texas%20%2D%2D%20The%20Biden,often%20during%20the%20Trump%20presidency.

[3] Dunn, A. (2019, January 16). Most border wall opponents, supporters say shutdown concessions are unacceptable. Pew Research Center - U.S. Politics & Policy. https://www.pewresearch.org/politics/2019/01/16/most-border-wall-opponents-supporters-say-shutdown-concessions-are-unacceptable/

[4] WP Company. (2023, October 17). Biden says the border wall is ineffective. here are key things to know. The Washington Post. https://www.washingtonpost.com/immigration/2023/10/12/border-wall-biden-trump-policies/

[5] Goodman, J. D. (2023, October 11). After Biden’s border wall pivot, a Texas County asks: Why build it here? The New York Times. https://www.nytimes.com/2023/10/11/us/border-wall-biden-texas-starr-county.html

[6] Goodman, J. D. (2023, October 11). After Biden’s border wall pivot, a Texas County asks: Why build it here? The New York Times. https://www.nytimes.com/2023/10/11/us/border-wall-biden-texas-starr-county.html

[michiganprelawland]

AI and The Copyright Dilemma

By Lucy Clark, University of Michigan Class of 2023

September 28, 2023

Artificial Intelligence (AI) has exploded in popularity worldwide in the past two years. Artificial intelligence refers to the “simulation of human intelligence processes by machines, especially computer systems[1].” The biggest reason for this surge in interest is the sizable advancements that have been made in the field of AI[2]. Most notably, AI has become far more accurate and able to compute more complex processes than ever before, opening the door for new applications of AI. One of these applications has been the integration of AI and art[3]. In the past year, several platforms have emerged that offer various AI art renderings from human-supplied prompts. These art renderings include animations, full presentations, image creation, music creation, and writing[4]. With AI’s evolving ability to create art and other creative media, questions about copyrighting and AI’s personhood have emerged.

AI still requires some form of human-supplied prompts to create new media. This human-supplied prompt can be past artwork, a written description, or some other amalgamation of past work with the desired result. Since AI relies on this human-supplied content for its creations, the question has been raised of whether the AI or the humans can take credit for the final AI result. Furthermore, since the human prompts can come from multiple people, should the person who complied or decided on the prompts get credit for the final AI result, or should all the individual creators of the prompts? Questions such as this are especially pressing because of the formidable computing ability of AI. With its computing ability, AI can generate far more variations far faster. This ability means that AI can create every song possible as long as it knows all the possible notes that could be used in music. Additionally, if given examples of an artist’s work, AI can create artwork of that artist’s signature style before the artist can make it themselves[5]. When recent platforms such as ChatGPT[6] and Midjourney[7] were first released, there was significant backlash due to the possible issues with copyrighting and plagiarism that they might create. Previous to AI, plagiarism consisted of copying the ideas of another person without giving proper credit, and copyrighting was determined based on the “creation of original work” and provides the creator with the power to control “reproduction…, distribution…, and [control over] derivative works[8].” On Instagram and Twitter, artists posted their discontent with AI’s ability to recreate their style and possibly eliminate their jobs. Similarly, schools worldwide banned the use of AI on school-related assignments.

In August 2023, courts ruled that AI-generated art cannot receive copyrights due to the complexities of credit and ownership. Following this ruling, AI-generated art will now be seen as part of the public domain and can be used by anyone. Public sentiment has calmed after the court’s August decision and as it has become increasingly common to use AI. Many schools have repealed their bans on AI use on assignments while instituting a standard for using AI detectors on written assignments. These detectors prevent students from copying AI results word-for-word but allow students to use AI as a research resource. Artists have also adjusted to the integration of AI. Painter Von Wolfe for example, he uses AI trained in his art style to create new concept pieces with AI, which he then paints and makes any desired alterations[9]. These painted copies are then considered his property, which can be copyrighted while the AI-generated version remains uncopyrightable. As specific circumstances such as these continue to occur, new cases will be brought to court, determining precisely how much AI use will eliminate an art piece from being copyrightable. Furthermore, AI has gone through cycles of surging popularity since its creation, with each cycle beginning when new advancements emerge and waning when progress slows[10] . During these popularity surges, people often assume that Artificial General Intelligence, which can operate on the same level as a human mind, is on the brink of creation[11]. Based on this historical trend, we can likely hypothesize that despite AI’s recent popularity, as its recent advancements become more normalized, interest will likely fade until the next significant AI development. Therefore, although it is essential to plan for a future incorporating AI, doomsday scenarios in which AI can replace many if not all, jobs are nothing to worry about just yet[12].

______________________________________________________________

Lucy Clarke is a recent graduate from the University of Michigan with a bachelor’s degree in political science and philosophy. She is on a Pre-Law track and plans at attend law school in 2025.

______________________________________________________________

[1] Hashemi-Pour, C., & Lutkevich, B. (2023, May 4). What is Artificial General Intelligence? - techtarget. Enterprise AI. https://www.techtarget.com/searchenterpriseai/definition/artificial-general-intelligence-AGI?Offer=abMeterCharCount_var3

[2] Babak Hodjat, S. T. (2015, August 7). The ai resurgence: Why now?. Wired. https://www.wired.com/insights/2015/03/ai-resurgence-now/

[3] Babak Hodjat, S. T. (2015, August 7). The ai resurgence: Why now?. Wired. https://www.wired.com/insights/2015/03/ai-resurgence-now/

[4] /en//humans.txt, & Lin, D. (2023, May 19). Copyright and artificial intelligence. H&A. https://www.hyaip.com/en/news/copyright-and-artificial-intelligence/#:~:text=The%20creation%20of%20content%20through,of%20these%20machine%2Dgenerated%20works.

[5] /en//humans.txt, & Lin, D. (2023, May 19). Copyright and artificial intelligence. H&A. https://www.hyaip.com/en/news/copyright-and-artificial-intelligence/#:~:text=The%20creation%20of%20content%20through,of%20these%20machine%2Dgenerated%20works.

[6] What is CHATGPT and why does it matter? here’s what you need to know. ZDNET. (n.d.). https://www.zdnet.com/article/what-is-chatgpt-and-why-does-it-matter-heres-everything-you-need-to-know/

[7] What is midjourney AI and how does it work?. Android Authority. (2023, August 19). https://www.androidauthority.com/what-is-midjourney-3324590/

[8] /en//humans.txt, & Lin, D. (2023, May 19). Copyright and artificial intelligence. H&A. https://www.hyaip.com/en/news/copyright-and-artificial-intelligence/#:~:text=The%20creation%20of%20content%20through,of%20these%20machine%2Dgenerated%20works.

[9] Von Wolfe (@vonwolfe_) • instagram photos and videos. (n.d.-b). https://www.instagram.com/vonwolfe_/

[10] Babak Hodjat, S. T. (2015, August 7). The ai resurgence: Why now?. Wired. https://www.wired.com/insights/2015/03/ai-resurgence-now/

[11] Hashemi-Pour, C., & Lutkevich, B. (2023, May 4). What is Artificial General Intelligence? - techtarget. Enterprise AI. https://www.techtarget.com/searchenterpriseai/definition/artificial-general-intelligence-AGI?Offer=abMeterCharCount_var3

[12] Babak Hodjat, S. T. (2015, August 7). The ai resurgence: Why now?. Wired. https://www.wired.com/insights/2015/03/ai-resurgence-now/

[michiganprelawland]

Affirmative Action Vs. Holistic Review

By Lucy Clark, University of Michigan Class of 2023

September 25, 2023

In June, the Supreme Court ruled that law schools can no longer use race-conscious admissions practices [1]. Race-conscious admission practices are also commonly called “Affirmative Action.” Affirmative Action is, by definition, “the practice or policy of favoring individuals belonging to groups regarded as disadvantaged or subject to discrimination” and was first enacted in United States law by President John F. Kennedy in response to the Civil Rights Movement[2] [3]. Policies such as Affirmative Action aim to create a more equitable system rather than a more equal one to attempt to correct inequalities present within society due to historically discriminatory or unequal opportunities[4]. The reasoning cited by the Supreme Court for their June decision was that Affirmative Action practices in law school admissions cause racial discrimination. The most commonly used Affirmative Action policies in law school admissions require that a set amount of incoming students come from historically disadvantaged races. These quotas can make law school admissions more competitive for those whose identified race is common among law school applicants. This possibility was the evidence used by the Supreme Court to strike down Affirmative Action in law school applications due to racial discrimination.

Despite the Supreme Court’s June ruling, the issue persists that students come from a wide variety of backgrounds. These different backgrounds result in unequal opportunities to pursue higher education, such as law school. Since many factors that cause differences in background and opportunity are hereditary, many are linked to racial discrimination. To find a more fair approach to empowering students of different backgrounds following the Supreme Court’s decision, law schools have been forced to find alternative ways to evaluate students. Evaluating a law school applicant holistically means considering all aspects of the applicant’s life[5]. Since Affirmative Action can no longer be used, law schools have employed essay prompts and questions to gain a holistic view of applicants. These prompts and questions encourage students to share what makes them unique, advantages and disadvantages they have experienced, as well as their family history.

Harvard Law School, the oldest law school in the United States, sent out a public statement following the Supreme Court’s ruling. In this public statement, Harvard explicitly outlines that although it will no longer use Affirmative Action practices to evaluate potential students, applicants are encouraged to share any background they feel may be relevant to the application board in their personal essays[6]. Besides Harvard, other well-known universities such as Georgetown and Brown have also issued similar statements emphasizing their continued commitment to diversity[7][8]. Public figures such as President Joe Biden have also voiced their disapproval of the Supreme Court’s decision[9] .

Even though Affirmative Action is no longer allowed in law school admissions, it is clear that important public figures and universities are committed to fostering diversity within higher education in the United States through other means. Although, in the past, not using Affirmative Action has been shown to decrease diversity among races, it is possible that through the use of other methods of holistically evaluating applicants, this can be avoided (Best Colleges). This fall 2023 will be the first class admitted to law school under the new policies on Affirmative Action, so the success of other holistic applicant review methods will face their first round of evaluation and improvement. Much like the rest of United States law, policies on admission practices and Affirmative Action will continue to evolve to meet the changing needs of the American people.

______________________________________________________________

Lucy Clarke is a recent graduate from the University of Michigan with a bachelor’s degree in political science and philosophy. She is on a Pre-Law track and is currently studying for the LSAT.

______________________________________________________________

[1] Gonzales, M. (2023, June 30). Supreme Court dismantles affirmative action in college admissions. SHRM. https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/affirmative-action-supreme-court-cases.aspx#:~:text=On%20June%2029%2C%20the%20U.S.,race%20in%20their%20admissions%20processes.

[2] Home : Oxford English Dictionary. (n.d.). https://www.oed.com/search?searchType=dictionary&q=affirmative+action&_searchBtn=Search

[3] National Archives and Records Administration. (n.d.). National Archives and Records Administration. https://clintonwhitehouse3.archives.gov/WH/EOP/OP/html/aa/aa02.html#:~:text=In%20response%20to%20the%20civil,designed%20to%20achieve%20non%2Ddiscrimination.

[4] Affirmative action frequently asked questions. DOL. (n.d.). https://www.dol.gov/agencies/ofccp/faqs/AAFAQs#:~:text=The%20purpose%20of%20affirmative%20action,in%20the%20relevant%20job%20market.

[5] Home : Oxford English Dictionary. (n.d.). https://www.oed.com/search?searchType=dictionary&q=affirmative+action&_searchBtn=Search

[6] Pazzanese, C. (2023, June 30). Harvard United in resolve in face of Supreme Court’s admissions ruling. Harvard Gazette. https://news.harvard.edu/gazette/story/2023/06/harvard-united-in-resolve-in-face-of-supreme-courts-admissions-ruling/

[7] Djajapranata, C. (2023, June 30). Georgetown issues response to Supreme Court’s affirmative action ruling. Georgetown University. https://www.georgetown.edu/news/georgetown-issues-response-to-supreme-courts-affirmative-action-ruling/

[8] Brown president responds to Supreme Court’s decision on affirmative action. Brown University. (2023, September 21). https://www.brown.edu/news/2023-06-29/scotus-affirmative-action

[9] ABC News Network. (n.d.). Biden, Obamas, Trump and more react to Supreme Court restricting affirmative action. ABC News. https://abcnews.go.com/Politics/lawmakers-react-supreme-court-restricting-affirmative-action-historic/story?id=100483183

[michiganprelawland]

The Evolving Landscape of Phone Scams

By Lucy Clark, University of Michigan Class of 2023

September 12, 2023

Phone scams have been around nearly as long as telephones themselves. However, the nature of phone scams has changed dramatically over the years. In the 80s and 90s, phone scams mainly consisted of calls placed by real people to sell faulty or nonexistent items that would never arrive at the purchaser’s house after payment was received[1]. As robocalls conducted by computers became more inexpensive with the rise of technology, these calls moved away from being performed by real people[2]. The most recent development in robocalling is the integration of AI. AI allows robocallers to seem more lifelike by giving computers the ability to respond dynamically to customers. Additionally, AI has begun to be implemented to replicate people’s voices from recordings obtained by scammers. These AI replications are indistinguishable in sound from the original person and allow scammers to create infinite custom messages. These custom messages are often used to scam the recorded target’s family and close friends.

The government began acting against robocalls in 1991 with the Telephone Consumer Protection Act[3]. This act made “it illegal for companies or individuals to make pre-recoded robocalls with the intent to sell you something”[4]. Despite this regulation, it was predicted that “50% of [all] phone calls in 2019 would be spam,”[5] and in 2017, phone scam losses totaled over $1.4 Billion[6]. This discrepancy is not due to a lack of enforcement but rather a loophole in the act that phone scammers continue to take advantage of. Since robocalling is only illegal under the Telephone Consumer Protection Act if the call attempts to sell something, scammers have changed their tactics to skirt regulation. Most frequently, scammers have begun to use AI to impersonate people’s loved ones to acquire wire transfers and other forms of payment under various false pretenses, including but not limited to emergency medical care, bail money, and car accidents.

The Telephone Consumer Act does not say that robocalling, which does not solicit a good or service, is entirely legal, though. While the placement of calls by computers may technically be permitted, as long as these calls do not attempt to sell a good or service, many of the tactics used by those who employ robocalls are not. Since the use of AI to impersonate people is such a new application of AI technology, prior regulation of it is limited. It is illegal in multiple states to use AI impersonations as authentic content. However, parodies that are created with the use of AI are legal. 

As technology and AI, in particular, continue to develop, more regulation on robocalls and uses for AI is more than likely. One recent update to robocall regulation is the Telemarketing Sales Rule, which enables the targeted party to stop robocalls by stating that they “want…to end” the call, they “don’t wish to receive calls” from this party[7], or their “number is on the national do not call registry”[8]. Despite the continued development of regulations on spam and scam calls, robocallers will almost certainly continue to attempt to find and exploit loopholes in regulations.

Since it seems likely that robocalls are not going anywhere anytime soon, there are some recommended tactics to lower your risk of being scammed. Firstly, do not answer calls from unknown or suspicious phone numbers. If this option is impossible, do not be the first to speak when answering an unknown or suspicious phone call. This forces the caller to speak first and lowers your risk of being recorded for AI voice scams. Finally, come up with a code word that you share with your close friends and family[9]. That way, if an AI voice scam ever targets you, you can ask for the code word to verify the caller's identity[10].

______________________________________________________________

Lucy Clarke is a recent graduate from the University of Michigan with a bachelor’s degree in political science and philosophy. She is on a Pre-Law track and is currently studying for the LSAT.

______________________________________________________________

[1] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[2] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[3] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[4] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[5] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[6] Bhattacharjee, Y. (2021, January 27). Who’s making all those scam calls? The New York Times. https://www.nytimes.com/2021/01/27/magazine/scam-call-centers.html

[7] Ramirez, X. (2022, January 21). Robocalls & how they emerged: A complete history. Firewall. https://www.tryfirewall.com/blog/robocalls

[8] Amy Loftsgordon, A. (2023, April 6). Laws protecting consumers from robocalls and spoofing. www.nolo.com. https://www.nolo.com/legal-encyclopedia/laws-protecting-consumers-from-robocalls-and-spoofing.html#:~:text=The%20Telemarketing%20Sales%20Rule%20prohibits,national%20do%20not%20call%20registry.

[9] Pollock, B. (2023, April 25). I regret to inform you that you might need to share a safe word with your family. The Mary Sue. https://www.themarysue.com/i-regret-to-inform-you-that-you-might-need-to-share-a-safe-word-with-your-family

[10] Pollock, B. (2023, April 25). I regret to inform you that you might need to share a safe word with your family. The Mary Sue. https://www.themarysue.com/i-regret-to-inform-you-that-you-might-need-to-share-a-safe-word-with-your-family

[michiganprelawland]

Is All Speech Free Speech? 

By Lucy Clark, University of Michigan Class of 2023

September 5, 2023

The United States is characteristically known for its right to free speech. The Right to Free Speech appears in the First Amendment to the United States Constitution, which was ratified in 1791 and states that "Congress shall make no law…prohibiting the free exercise…[of]…the freedom of speech or press[1]. Although this protection is seemingly straightforward, it has been central to many controversies throughout United States history, especially in recent years. Many of these controversies stem from people's misunderstanding of what Free Speech means.

The most common misconception about Free Speech is that it protects any and all speech. In reality, The Right to Free Speech only refers to Free Speech in relation to the government. This stipulation is true of the entire U.S. Constitution and its amendments, which only regulate the relationship between the U.S. government and its constituents. The U.S. Constitution and its amendments do not restrict or protect free speech between states outside of the U.S., free speech solely between constituents, or between constituents and companies, to name a few examples[2]. In other words, the government must be in some way involved for the protections of Free Speech to apply[3]. Aside from restricting Free Speech regulation, the First Amendment was intentionally created to be non-specific so that the courts could establish its use and the precedent set by its use as they see fit during any given time in U.S. history.

The First Amendment's restriction to interactions between the U.S. Government and its constituents has been central to one of the most recent free speech controversies: misinformation. During the 2016 election cycle and throughout the COVID-19 pandemic, misinformation reached an all-time high[4]. Most of this misinformation spread online, causing people to ask: Is misinformation protected under the right to free speech? The answer is complicated, but mostly yes[5]. The Supreme Court has ruled that specific subcategories of Free Speech can be regulated, such as "obscenity, child pornography, true threats, incitement to lawless action," and cases where the "rights and liberties of others are in serious jeopardy" [6] [7].

However, since most misinformation today is created by an individual and consumed by others on websites owned by people or companies, there is no direct link to the government. Therefore, to regulate misinformation online, the U.S. Government must be able to justify its regulation under one of the permitted subcategories. This reliance on the interpretation of the First Amendment and its subcategories is where controversy arises. Most people agree that the United States Government can regulate some specific cases of speech that are extreme enough to justify being categorized under one of these subcategories. However, this is the subject of much debate. During COVID-19, people in favor of regulating misinformation online argued that regulation was justified because not doing so put "the rights and liberties of others…in serious jeopardy" due to misinformation contribution to the spread of COVID-19 [8]. On the other hand, people who worried that the regulation of misinformation would lead to censorship and a loss of Free Speech often argued that protecting the Right to Free Speech was more important than the potential damage of misinformation and that misinformation online did not directly disrupt anyone's inalienable rights.

As the physical world becomes increasingly enmeshed with technology, the Freedom of Speech will continue to evolve to meet the changing needs of the United States. An increasing use of technology and a growing online world opens the doors for misinformation, hate, and anonymity (Pew Research). However, technology provides countless benefits as well, making systems more efficient and fair, as well as creating new opportunities. According to Bailey Poland, an activist and writer, "the biggest challenge...will be finding an appropriate balance between protecting anonymity and enforcing consequences for" harmful online behavior (Pew Research). One thing that is certain: there will be many more cases brought to court concerning Free Speech and technology. Only time will tell what decisions the courts will make on these cases and what Free Speech will look like in the coming years.

______________________________________________________________

Lucy Clarke is a recent graduate from the University of Michigan with a bachelor’s degree in political science and philosophy. She is on a Pre-Law track and is currently studying for the LSAT.

______________________________________________________________

[1] A&E Television Networks. (n.d.). Freedom of speech - origins, first amendment & limits. History.com. https://www.history.com/topics/united-states-constitution/freedom-of-speech

[2] March 13, 2023 by The Conversation. (n.d.). What the First Amendment really says - 4 basic principles of free speech in the U.S. https://www.mtsu.edu/first-amendment/post/3910/what-the-first-amendment-really-says-4-basic-principles-of-free-speech-in-the-u-s

[3] [3] March 13, 2023 by The Conversation. (n.d.). What the First Amendment really says - 4 basic principles of free speech in the U.S. https://www.mtsu.edu/first-amendment/post/3910/what-the-first-amendment-really-says-4-basic-principles-of-free-speech-in-the-u-s

[4] Disinformation is a rising tide. here’s how to address it. World Economic Forum. (n.d.). https://www.weforum.org/agenda/2022/10/how-to-address-disinformation/

[5] August 1, 2022 false speech and the First Amendment: Constitutional ... (n.d.-a). https://crsreports.congress.gov/product/pdf/IF/IF12180

[6] March 13, 2023 by The Conversation. (n.d.). What the First Amendment really says - 4 basic principles of free speech in the U.S. https://www.mtsu.edu/first-amendment/post/3910/what-the-first-amendment-really-says-4-basic-principles-of-free-speech-in-the-u-s

[7] Jr., D. L. H. (n.d.). Content based. Content Based. https://www.mtsu.edu/first-amendment/article/935/content-based#:~:text=The%20Court%20also%20employs%20a,because%20of%20their%20harmful%20content.

[8] Jr., D. L. H. (n.d.). Content based. Content Based. https://www.mtsu.edu/first-amendment/article/935/content-based#:~:text=The%20Court%20also%20employs%20a,because%20of%20their%20harmful%20content.

[michiganprelawland]

The Right-to-Repair Debate in Congress

By Taylor Trenta, Calvin University Class of 2025

August 18, 2023

Throughout 2023, there has been an uptick in attention granted to the concept of right-to-repair, especially with technology and auto parts. In 2022, Governor Kathy Hochul of New York signed the Digital Fair Repair Act, then saying New York was the “first state in the nation to guarantee the right to repair.” Many states followed, leading to attention throughout 2023. [1] Throughout the summer, a panel of experts made the case to dismantle right-to-repair restrictions on a Congressional level. [2] The group argues that consumers should have access to cheaper and more accessible part replacements and services, rather than only the original manufacturers. [2]

According to Nathan Proctor, a campaign director at the U.S. Public Interest Research Group, TV and radio repair shops have been replaced in a push towards replacements and repairs from the manufacturer. He said: “We've been pushed into this... How did we wake up in a world where changing a battery was too dangerous to do? They benefit from us not having that power.” [1] While this is becoming a more prevalent problem, powerful technology producers have led to this for decades. For instance, the 1998 Digital Millennium Copyright Act expanded protections for code in the growing market of software embedded products. [1] Darrell Issa, who chairs the House Judiciary Committee’s intellectual property panel, said during the July hearing: “Let there be no doubt that the right to repair the product that you have purchased is a fundamental principle... and individuals and businesses should not under any circumstances have any doubt as to where the bright lines are in their rights.” [2] One key roadblock in accessing data for necessary repairs is Section 1201 of the Digital Millennium Copyright Act; this prevents consumers from working around technological safeguards due to their copyright. The intention was to prevent piracy. However, this prevents users from accessing some aspects of repair manuals, which some say reaches beyond the scope of the law. [2]

In March, Michigan Attorney General Dana Nessel worked with 28 other attorneys general to call upon the 118th Congress to pass Right-to-Repair legislation; in this movement, the coalition targeted automobiles, agriculture equipment, and electronic equipment. [3] With this, the purpose is also to keep small businesses competitive against closed systems that Original Equipment Manufacturers (OEMs) favor. [3] Nessel stated: “The monopoly on repairs hurts consumers...Original Equipment Manufacturers restrict competition for repair services by limiting the availability of parts, making diagnostic software unavailable, or using adhesives that make parts difficult to replace, all of which can result in higher product and repair prices. I stand with my colleagues in asking Congress to pass Right-to-Repair legislation that not only protects consumers, but protects the laborers and farmers who help build and feed our nation.” [3] The letter sent in by this group included attorneys general of Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Guam, Hawaii, Idaho, Illinois, Indiana, Louisiana, Maine, Maryland, Minnesota, Nevada, New Mexico, Northern Mariana Islands, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington, and Wisconsin. [3] The group also encouraged Congress to consider three major pieces of proposed legislation that received support, but were never passed: The Fair Repair Act, the SMART Act, and the REPAIR Act. [3]

From the University of Michigan, Professor Aaron Perzanowski testified on the concept of right-to-repair before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet. [4] In regard to Section 1201, Perzanowski stated, “Section 1201 of the DMCA makes it practically impossible for consumers to exercise their lawful right to repair a wide range of devices, from tractors to home electronics, even though the copyright office says those activities are non-infringing.” [2] With his testimony, he emphasized the gravity of the situation: “The right to repair is a longstanding principle, reflected in both personal property and IP law. Without it, the fundamental notion of ownership—of our cars, our communications devices, our home appliances—is under threat. Safeguarding that right to repair is a complex legal problem that has no single solution. Beyond IP law, it presents questions of antitrust, consumer protection, and contract law, among others. Nonetheless, by addressing the ways in which IP law interferes with rights of Americans to fix the things they buy, Congress is positioned to help maintain and restore this core right of property owners.” [4]

During the same July 18th House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet, most shared the perspective of Perzanowski. However, Devlin Hartline from the Hudson Institute’s Forum for Intellectual Property said: “The right-to-repair movement isn’t based on a preexisting right; it’s instead asking lawmakers to create a new right at the expense of the existing rights of IP owners.” [5] Even those who support the right-to-repair movement noted some concerns over safety; in the food and auto industries, Perzanowski said this type of Intellectual Property law is not always the right way to go. However, these risks of flawed production are present even with the original manufacturer. [5]

With this increase in attention, other members of Congress have looked to introduce legislation against other barriers. One bill looks to shorten the enforcement period for patents on some auto parts. Another bill proposed by Neal Dunn in February also hopes to prevent auto manufacturers from hiding data that would enable replacement parts to be manufactured. [2] While this issue is not yet resolved, the debate over the right-to-repair will likely continue to gain momentum throughout the country.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Clark, Peter Allen. (January 23, 2023). “Flood of “right to repair” bills signals DIY watershed.” Axios. AxiosFlood of "right to repair" bills signals watershed moment for movementThe “Right to Repair” movement championing owners' freedom to fix everything from smartphones to tractors is set for a landmark new year,....Jan 23, 2023.

[2] Weiss, Benjamin S. (July 18, 2023). “Congress takes on ‘right to repair’ consumer reforms.” Courthouse News. Courthouse News ServiceCongress takes on 'right to repair' consumer reformsLawmakers want federal copyright law amended so that third parties can access the parts and data necessary to repair cars, electronics and....4 weeks ago.

[3] Michigan Gov. (March 28, 2023). “AG Nessel Joins Coalition Urging Congress to Pass Right-To-Repair Legislation.” Michigan Gov. https://www.michigan.gov/ag/news/press-releases/2023/03/28/ag-nessel-joins-coalition-urging-congress-to-pass-right-to-repair-legislation.

[4] Needham, Bob. (August 7, 2023). “Perzanowski Testifies at Congressional Subcommittee on Right to Repair.” Michigan Law.

https://michigan.law.umich.edu/news/perzanowski-testifies-congressional-subcommittee-right-repair.

[5] McDermott, Eileen. (July 18, 2023). “House IP Subcommittee Mulls Copyright and Design Patent Revisions Amid Right-to-Repair Debate.” IP Watchdog.

[michiganprelawland]

Michigan Supreme Court’s Clarifying Decision on the State’s No-Fault Auto Insurance Policy

By Taylor Trenta, Calvin University Class of 2025

August 16, 2023

As of last month, the Michigan Supreme Court clarified that Michigan’s no-fault insurance law does not apply to injuries before the 2019 Act. [1] This 5-2 decision specified that the 2019 amendment is not applicable to earlier and already established policies. [1] The no-fault act was amended in 2019, limiting family-provided attendant care reimbursement, possible medical services, and other alterations. [1] In context, driving in Michigan as a resident requires a no-fault automobile insurance policy. Without it, the punishment is a fine of up to $500 and a year in jail, as well as a 30-day license suspension. [2]

According to the Michigan Department of Insurance and Financial Services, “If you are injured in an auto accident, PIP will pay all reasonable and necessary medical expenses for your lifetime up to the maximum coverage amount selected in the affected policy. PIP will pay wage loss and replacement services for up to three years after the date of the accident.” [2] Personal Injury Protection options include Unlimited Coverage, $500,000 per person per accident, $250,000 per person per accident, $250,000 per person per accident with exclusions, no PIP medical insurance, etc. [2] For property protection, no-fault will pay up to $1 million for cases of damage to another person’s home, fence, or parked vehicles. [2] For Residual Liability Insurance, “Michigan’s no-fault insurance protects insured persons from being sued as the result of an automobile accident, except in certain situations. This includes when the injured party does not have enough coverage to pay for treatment or payment must be made to compensate someone that was killed or seriously injured.” [2] Additional options include Collision and Comprehensive Insurance, Limited Property Damage Liability Insurance, and Towing and Rental Car Coverage. [2]

Michiganders brought attention to the change in policy when Ellen M. Andary and Phillip Krueger experienced challenges to their coverage. After injuries from automotive accidents, the two received uncapped lifetime medical care, but faced challenges following 2019. [1] The case states, “It has long been the rule in Michigan that for insurance purposes the rights and obligations of the parties vest at the time of the accident. For purposes of a no-fault policy of insurance, this means that neither the insured nor the insurer can unilaterally change the terms of a policy after a covered accident occurs.” [1] This emphasized concerns from prior injuries. These people, along with others throughout the state, worried about being able to cover medical expenses if the policy was altered retroactively. The case syllabus says, “Andary’s and Krueger’s rights to [personal protection insurance] benefits under the applicable no-fault insurance policies vested, at the latest, when their injuries occurred and they first became eligible for [personal protection insurance] benefits.” [1] With the majority opinion, Justice Elizabeth Welch wrote: "The 2019 no-fault amendments do not clearly convey an intent to retroactively modify these vested contractual rights.” [3]

In contrast, Viviano wrote the dissent, saying the decision: “thwarts the will of the Legislature” and “As a result, the efforts of the Legislature and the Governor to reduce costs and make insurance more affordable for all the residents of our state will not come to fruition for many decades.” [4] While the updated decision only applies to crash survivors from before June 11, 2019, future dissent may come. [4] When the new cost controls were implemented, lawmakers did not specify if it impacted pre-2019 or post-2019 accidents. With the new decision, 15,000 Michiganders who experienced catastrophic accidents on the road are to be paid at full rates without cost controls. [5] With the overhaul law, healthcare providers were required to cut their prices by approximately 45%; this resulted in some patients being dropped. [5] The alteration also exempts survivors from the 56-hour cap placed on home attendant care. [5]

For the American Civil Liberties Union of Michigan and health organizations, this ruling was a positive decision. Dan Korobkin, legal director for the ACLU of Michigan, stated: “Applying the [2019] law retroactively has resulted in the withdrawal of critical care from people who are living with severe disabilities as a result of catastrophic injuries suffered in car accidents — care that allows them to continue living their lives and participate in society... Because of this ruling, it is our hope that thousands of Michiganders seriously injured in auto accidents, and receiving crucial care and resources through insurance coverage, won’t have their lives dangerously upended.” [1]

However, not all are happy with the results from the turmoil. Kris Curtis, director of CBI Rehabilitation Services in East Lansing, stated, "From what I understand, 30 programs like ours closed... Other health care providers stopped providing services to auto no-fault clientele, and they closed their doors. So, from the statistics I've heard, there were over 6,000 workers in this area that lost their jobs." [3]

While this decision helps clarify the policy, questions remain about the 2019 no-fault decision in Michigan. Even before the new cost controls were implemented, Michigan was the only state in the United States to require drivers to pay for full personal injury protection; consequently, Michigan was consistently the state with the highest auto insurance rate. [5] Now, Insure.com says Michigan ranks fourth. [4] However, many victims of car accidents before 2019 are relieved to receive coverage again.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Davidson, Kyle. (July 31, 2023). “Michigan Supreme Court: No-fault auto insurance changes don’t impact prior services.” Michigan Advance. Michigan AdvanceMichigan Supreme Court: No-fault auto insurance changes don’t impact prior servicesChanges to Michigan's no-fault auto insurance law do not apply to individuals injured before the changes were issued, the Michigan Supreme....1 week ago.

[2] Michigan Gov. “Brief Explanation of Michigan No-Fault Insurance.” Michigan Gov. https://www.michigan.gov/-/media/Project/Websites/autoinsurance/PDFs/FIS-PUB_0202a.pdf.

[3] Meyers, Elle. (July 31, 2023). “Michigan Supreme Court upholds no-fault auto insurance ruling.’ CBS Detroit. CBS NewsMichigan Supreme Court upholds no-fault auto insurance ruling(CBS DETROIT) - Early Monday morning, the Michigan Supreme Court upheld a previous lower court ruling, saying those who were injured in car....1 week ago.

[4] Gibbens, Lauren. (July 31, 2023). “Michigan court limits scope of no-fault reform. Will insurance rates rise?” Bridge Michigan.

Bridge MichiganMichigan court limits scope of no-fault reform. Will insurance rates rise?Car crash survivors injured before 2019 no-fault law aren't subject to its restrictions on medical fees, Michigan Supreme Court rules....1 week ago.

[5] Reindl, JC. (July 31, 2023). “Michigan Supreme Court: No-fault overhaul doesn't apply to 15,000 catastrophic survivors.”

Detroit Free Press. Detroit Free PressMichigan Supreme Court: No-fault overhaul doesn't apply to 15000 catastrophic survivorsThe Michigan Supreme Court on Monday ruled that new medical cost controls in Michigan's recent overhaul of its no-fault auto insurance....1 week ago.

[michiganprelawland]

Hyundai Motor and Kia Corp Respond to Class-Action Lawsuit Over Car Theft: Compensation and Repairs Required

By Taylor Trenta, Calvin University Class of 2025

August 9, 2023

Hyundai Motor and Kia Corp Respond to Class-Action Lawsuit Over Car Theft: Compensation and Repairs Required

In May of this year, Hyundai Motor and Kia Corp settled on a consumer class-action lawsuit following an infamous influx in car theft. This settlement is worth over $200 million. [1] They claimed that compensation would go to vehicle owners “who incurred theft-related vehicle losses or damage in addition to reimbursement for insurance deductibles, increased insurance premiums, and other theft related losses.” [1] Even vehicles that cannot receive a technical upgrade were eligible for up to $300 in purchasing locks and other theft deterrents. [1]

In Kia’s official release, chief legal officer John Yoon stated: “Kia is very pleased that today’s announcement will allow customers who have been impacted by vehicle thefts to receive additional benefits... This agreement is the latest step in a series of important actions, in addition to providing a free security software upgrade and distributing over 65,000 steering wheel locks, that Kia has taken to help customers whose vehicles have been targeted by criminals using methods of theft popularized on social media. Kia remains committed to assisting our customers and upholding vehicle security.” [2]

In the case, major cities sued the company for the thefts and the danger the stolen vehicles pose, with some of the major victims hailing from St. Louis, Missouri, Cleveland, Ohio, Milwaukee, Wisconsin, and San Diego, California. [1] In the class action lawsuit, Keller Rohrback L.L.P. represented many of these cities, basing the case on the flaws in the stolen vehicles; in their case overview, they state: “The vehicles are easy to steal because of Defendants’ Hyundai Motor America’s (“Hyundai”) and Kia America, Inc.’s (“Kia”) deviation from industry norms and failure to install engine immobilizers in the majority of their vehicles manufactured for sale in the United States between 2011 and 2021.” [3] The summary states that these crimes and the danger to the public could have been prevented; “Defendants could have prevented this nuisance by including as standard engine immobilizers, parts that are inexpensive and significantly effective in reducing the rate of vehicle theft.” [3]

Tik Tok videos illustrating these crimes have been connected to at least fourteen car accidents and eight fatalities. [1] According to the official release, these types of cars have “historically low rates of theft.” [2] However, the “Kia Challenge” took advantage of the faulty security features, steering columns, and ability to access the ignition; the challenge then encouraged others to imitate the crime, despite Hyundai and Kia attempting to limit this “illicit content.” [2] With the lawsuit filed by Milwaukee in March, a group of attorneys led by Josh Kaul put pressure on the car companies to quickly combat the popular car thefts. In response, Hyundai Motor and Kia Corp were able to equip “turn-to-start" ignition vehicles with an “ignition kill” feature that overrides the methods used in social media trends. [4] The weakness in the design was also related to the easily accessible USB interface, meaning the thief only needed to take a few steps to insert a USB cable and start the car. According to the lawsuit, this can take “less than a minute.” [5] Furthermore, some of these car windows were allegedly not connected to the alarm system, allowing them to be broken without drawing attention to the crime. [5]

The auto manufacturer is on record saying they would extend an offer to upgrade 8.3 million vehicles with superior anti-theft measures following the influx of crime. [1] With the 2011-2012 model, their statement claims to have complied with requirements; “While Hyundai and Kia believe these vehicles are fully compliant with federal anti-theft requirements, Hyundai and Kia have taken action to support the security of customers, and this agreement represents the latest step.” [2] These software upgrades and financial compensation are expected to limit future crimes as much as possible.

Following the decision in May, attorney Elizabeth A. Fegan of Fegan Scott said: “Hyundai and Kia failed to sell cars equipped with fundamental anti-theft features, and that was not a victimless act...We are pleased with the settlement reached and its immediate ability to hinder thieves, as well as compensate victims of thefts that have already occurred.” [6] The proposed settlement was set to be reviewed and implemented by July of this year. [6]

In the future, Jason Erb, the chief legal officer, said: “Customer security remains a top priority, and we’re committed to continuing software upgrade installations and steering wheel lock distribution to help prevent thefts and offering insurance options through AAA for those who have had difficulty securing and sustaining coverage.” [4] However, stolen Kia and Hyundia vehicles remain a problem across the country. In Flagler County, the sheriff recommends caution and the implementation of the software update as soon as possible. Sheriff Rick Staly said: “I urge Hyundai and Kia owners to contact their local auto dealer or call the toll-free numbers to obtain the software update to protect your vehicles from thieves... We have had these cars stolen locally and have recovered stolen Kias and Hyundais from other jurisdictions in Flagler County. We also encourage you to purchase a steering wheel lock bar and use it every time you leave your car. And remember, never leave your keys in your car.” [7] While car theft remains an issue, Kia and Hyundai look to offer solutions to the flaws in these cars; however, caution is still necessary. As of August, Hyundai Group faces another lawsuit over a fire hazard in some vehicles.

______________________________________________________________

[1] Shepardson, David. (May 19, 2023). “Hyundai, Kia agree to $200 million settlement over US car thefts.” Reuters.

[2] KIA Release. https://www.kiamedia.com/us/en/media/pressreleases/20679/hyundai-motor-america-and-kia-america-resolve-consumer-litigation-in-response-to-vehicle-thefts

[3] Keller Rohrback Complex Litigation. (2023). “Hyundai Kia Vehicle Theft Litigation.” Keller Rohrback Complex Litigation.

https://krcomplexlit.com/currentcases/kia-hyundai-vehicle-theft-litigation.

[4] Dawson, Drew. (May 18, 2023). “Kia, Hyundai settle class-action lawsuit for $200M. Car-theft trend started in Milwaukee.” Milwaukee Journal Sentinel.

[5] ClassAction.org. (May 19, 2023). “Kia, Hyundai Theft Problem Sparks Lawsuit.” ClassAction.org. https://www.classaction.org/kia-hyundai-theft-problem-lawsuits.

[6] AP News. (May 19, 2023). “Kia, Hyundai settle class-action lawsuit after a rash of thefts due to security flaw.” AP News. https://apnews.com/article/kia-hyundai-theft-settlement-fe1e6546ec0d4d2b339885d90423d0ed.

[7] News4JAX. (August 3, 2023). “Kia, Hyundai owners can receive free software updates to protect vehicles from thieves.” News4Jax. https://www.news4jax.com/news/local/2023/08/03/kia-hyundai-owners-can-receive-free-software-updates-to-protect-vehicles-from-thieves/.

{8] Randall, Chris. (August 1, 2023). “Hyundai faces class action lawsuit from the USA.” electrive.com.https://www.electrive.com/2023/08/01/hyundai-faces-class-action-lawsuit-from-the-usa/

[michiganprelawland]

University of Michigan Among the First to Ban ChatGPT Usage in the Law School Admissions Process: What This Means for Other Schools

By Taylor Trenta, Calvin University Class of 2025

August 9, 2023

As one of the first law schools to officially implement this policy, the University of Michigan has banned the usage of any form of artificial intelligence tools during the law school application process. Not only is it forbidden, but applicants are to prove that they have not utilized these tools in the drafting process. [1] This new policy demonstrates the continuous changes in the application process due to AI.

Senior Assistant Dean Sarah Zearfoss said that this “seemed like the right approach.” The school looks to be upfront with their expectations, as well as for the applicants to honor their policy. [1] However, there is no easy way to detect that the technology has been used, especially in the drafting process. [1] Despite the struggle, she said: “Will I be able to enforce it? No... But in general, I’m relying on the honor of the people who apply in a million different ways, so this is no different.” [1] While this ban relies heavily on the integrity of applicants, this decision is a first for a law school in this new application environment.

Prior to this ban, policies had already been implemented in numerous school districts—not just universities— across the country. In early 2023, the New York City Public Schools and Los Angeles Unified School Districts restricted the use of ChatGPT in the classroom; a NYCPS spokespersons said: “While the tool may be able to provide quick and easy answers to questions, it does not build critical-thinking and problem-solving skills, which are essential for academic and lifelong success." [2] However, this was quickly rescinded in New York City. New York City’s Department of Education explained the uses and reasoning of the technology in schools. New York City Public Schools chancellor, David Banks said “the knee-jerk fear and risk overlooked the potential of generative AI to support students and teachers, as well as the reality that our students are participating in and will work in a world where understanding generative AI is crucial.” [3] While cases like this exemplify the variety of views on AI tools, applications on a collegiate level are even more tumultuous.

Even beyond admissions, ChatGPT has been found to succeed at law school exams—and even the bar exam. [4] Using the July 2022 exam, GPT-4 managed to approach the 90th percentile of all test-takers. Researchers Daniel Martin Katz and Michael James Bommarito, professors at the Illinois Institute of Technology and Michigan State University respectively, stated in their paper: “Our analysis highlights that GPT-4 has indeed passed the bar and has done so by a significant margin.” [4]  

Despite the University of Michigan’s decision for law school applicants, this will not be the case for all universities. For example, the University of California, Berkeley School of Law has not decided to ban ChatGPT and other AI tools. [5] Kristin Theis-Alvarez, their assistant Dean of Admissions stated that their existing policy already requires applicants to certify their documents, which in theory covers the possible use of ChatGPT. [5]

In the future, most law schools are expected to develop a policy for applicants. Mike Spivey, a law school admissions consultant expects that nearly half of law schools will develop a policy within this school year, whole nearly all will by next year. [1] Some, however, may only ask for applicants to disclose their use of the technology. [1] Regardless, this conflict extends beyond the admissions process. Many professors have struggled to find the necessary balance of having AI in the classroom. [6] U.K. professor, Mike Sharples, experimented with AI in response to his own prompts; he concluded that it “could become a gift for student cheats, or a powerful teaching assistant, or a tool for creativity.” [6] Whether it is a tool for cheating or assistance, ChatGPT has already had a tremendous impact on the college and law school application process.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Sloan, Karen. (July 20, 2023). “Use of ChatGPT prohibited on Michigan Law School applications.” Reuters. https://www.reuters.com/legal/transactional/use-chatgpt-prohibited-michigan-law-school-applications-2023-07-20/#:~:text=Michigan%20Law%20has%20explicitly%20banned,apparent%20first%20among%20law%20schools.

[2] Castillo, Evan. (March 27, 2023). “These Schools and Colleges Have Banned Chat GPT and Similar AI Tools.” Best Colleges. https://www.bestcolleges.com/news/schools-colleges-banned-chat-gpt-similar-ai-tools/.

[3] Rosenblatt, Kalhan. (May 18, 2023). “New York City public schools remove ChatGPT ban.” NBC News. https://www.nbcnews.com/tech/chatgpt-ban-dropped-new-york-city-public-schools-rcna85089.

[4] Weiss, Debra Cassens. (March 16, 2023). “Latest version of ChatGPT aces bar exam with score nearing 90th percentile.” ABA Journal.

https://www.abajournal.com/web/article/latest-version-of-chatgpt-aces-the-bar-exam-with-score-in-90th-percentile.

[5] Perkowski, Roman. (July 20, 2023). “University of Michigan Law School Bans AI Use in Applications.” TS2. https://ts2.space/en/university-of-michigan-law-school-bans-ai-use-in-applications/.

[6] Marche, Stephen. (December 6, 2022). “The College Essay Is Dead.” The Atlantic

[michiganprelawland]

Aretha Franklin’s Estate: Settling the Dispute Between Two Wills

By Taylor Trenta, Calvin University    Class of 2025

July 23, 2023

Since 2018, there has been much debate over Aretha Franklin’s estate. While questions arose early after her passing, the discovery of multiple contradictory documents led to the five-year conflict that was only resolved this July. The dispute was between two versions of her will; one produced in 2010 and supported by her son, Ted White II, while her sons Kecalf Franklin and Edward Franklin hoped to utilize the one dated to March 31, 2014. Franklin’s niece discovered the handwritten will within the famous singer’s couch cushions. [1] After her battle with cancer in 2018, she left her sizable estate without documents prepared in correspondence with a lawyer. While multiple documents were found, their contents were divisive for her children; the later document divided her possessions fairly equally between her children, while the earlier document allegedly favored Ted White II over the others. [2] On July 11, 2023, a Pontiac, Michigan jury decided that the handwritten will that was found within her couch was valid as an updated, and therefore official, testament of her will. [3]

In 2019, three documents were found in her Oakland County home, with two being from 2010. [4] The two documents from 2010 were locked in a cabinet in a similar manner, while the 2014 will was found in her couch; it was described as being shorter in length and illegible in some sections. [4] In May of 2019, the wills were brought to the probate court of Oakland County, Michigan. [4] With the two official documents being brought to court, Judge Jennifer Callaghan tasked the jury with determining the validity of the 2014 document. While the later document changed the executor of the state from Ted White II to Kecalf, it also altered the inheritance of Franklin’s house. With the 2014 document, the $1.1 million dollar home in Bloomfield Hills would be passed on to Kecalf and his family. [5] The document also contained other significant alterations.

The law of will writing can be complicated, but also varies from state to state with some having stricter requirements. Wills are not usually required to be typed or professionally prepared by an attorney; they only require that the person who wrote it had sufficient mental capacity to write the document. [3] In Michigan, two attesting witnesses are not required to witness the signature of the document. Rather, the state only requires that the document be signed in the deceased’s handwriting. [3] However, this has to be proven when disputed, similarly to Franklin’s case.

During her life, Franklin was hesitant to write a formal will. Her lawyer of nearly thirty years, Don Wilson, stated: “We insisted that she have a will and a trust as part of her estate planning. But she was a very private person and I think she didn’t want to share that information with another individual, such as an attorney. I think that’s why, for the longest time, she didn’t go into someone’s office and do formal planning... She went ahead and wrote them up herself.” [6]

In defense of the 2010 will, Kurt Olson, White’s attorney, indicated that this document was intended to be the official will, as it was stored in a cabinet usually used for important documents. [1] In this document, Sabrina Owens, the brothers’ niece, was co-executor of the estate. Another requirement in the document was that both Kecalf and Edward “must take business classes and get a certificate or degree” before accessing the estate, while the 2014 document did not include this step. [5] Both documents included similar requirements for her music and copyrights, as well as Franklin’s eldest son. All sons are to share in her music royalties, and Clarence Franklin, the eldest son, is to be supported regularly. [5] In response to the 2010 document, the opposing two brothers’ lawyer stated that Ted White II "wants to disinherit" them by utilizing the earlier will. [7]

For the 2014 will, evidence was brought to the table that authenticated it. Kecalf Franklin advocated for its validity, claiming the signature contained a “characteristic” smiley face. [1] Edward Franklin’s attorney also utilized the first lines of the document, saying: “She’s speaking from the grave, folks: ‘This is my will.’” [1] The document was four pages long and drafted in a spiral notebook. [3] Despite the informal signature, the mark intended as a signature still qualifies. [3]

Now, the court has decided to authenticate the 2014 will, leading to a more equal distribution of the monetary inheritance; Ted, Kecalf, and Edward are set to split her music royalties and bank funds, while Kecalf gains the home. [7] This took the jury of six less than an hour to decide. [7] The estate was estimated to be worth $80 million dollars following her death, but claims on unpaid taxes reduced the estate to less than $6 million dollars. [5] Her assets were valued at $4.1 million dollars, but this does not account for her music and intellectual property. [5]

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Langmaid, Virginia. (July 11, 2023). “Jury reaches verdict in battle over Aretha Franklin’s estate.” CNN. https://www.cnn.com/2023/07/11/entertainment/aretha-franklin-verdict/index.html.

[2] Risbrideger, Ella. (July 15, 2023). “Aretha Franklin’s will and the enduring mystery of lost things.” Financial Times. https://www.ft.com/content/0cf4ef17-6c69-414a-a1bc-927ae3952ead.

[3] News Nation. (July 15, 2023). “Why Aretha Franklin’s handwritten will was upheld by a jury.” News Nation. https://www.newsnationnow.com/entertainment-news/aretha-franklin-handwritten-will-couch/.

[4] Tsioulcas, Anastasia. (May 21, 2019). “3 Wills Found At Aretha Franklin’s Home.” NPR.

https://www.npr.org/2019/05/21/725345750/three-wills-found-at-aretha-franklins-home.

[5] DeGregory, Priscilla. (July 10, 2023). “Jury to decide if note found in Aretha Franklin’s couch cushions is legal will for estimated $6M estate.” New York Post. https://nypost.com/2023/07/10/jury-seated-in-sons-legal-battle-over-aretha-franklin-estate/.

[6] Arkin, Daniel. (July 9, 2023). “Aretha Franklin’s sons are going to court over her estate. Here’s what to know.” NBC News. https://www.nbcnews.com/pop-culture/pop-culture-news/aretha-franklins-sons-are-going-court-estate-s-know-rcna93036.

[7] Cabral, Sam. (July 11, 2023). “Jury rules document found in Aretha Franklin's couch is valid will.” BBC News. https://www.bbc.com/news/world-us-canada-66170679.

[michiganprelawland]

Zarya of the Dawn: The Role of AI-Generated Images in Comic Books

By Taylor Trenta, Calvin University    Class of 2025

July 14, 2023

Methods of producing art are constantly changing as time goes on, and comic books are no exception to these alterations. In 1963, comic book artists such as Jack Kirby worked diligently with ink and color to create their product. Throughout the 21st century, most comic book artists have moved to digital methods. However, a recent case brought the newest developments of AI-developed images into the spotlight. [1] In 2022, the first issue of Zarya of the Dawn was generated by Midjourney, an AI service, based on Kris Kashtanova’s written prompts. Kashtanova altered these images, arranged them on the pages, and utilized text bubbles over the images. The artist registered a copyright in September of 2022, being the first of the AI-generated variety. [1] With this situation, controversy arose due to patent and trademark laws that are designed and meant for humans. [2] In February, the copyright over the images was revoked, but not without potential for conflict in the future.

In September of 2022, Kris Kashtanova claimed to have obtained the first copyright for an AI generated comic; on September 15th, Kashtanova announced an 18-page story, Zarya of the Dawn. [3] The creator claimed: “Those worlds were my escape, and it was less about visuals and more about writing.” [3] The piece in reference was described by Kashtanova as coming to shape in late 2021, following the death of their grandmother; at the time of publication—despite copyright claims—the work was only available for free on the website AI Comic Books. [3]

Following this claim, the copyright was challenged and the U.S. Copyright Office established that AI-generated images in comic books will receive lesser protection than human-generated work, although other protections may threaten the priority of human-made art. [1] This revoked the initial copyright given last year; in the initial case, Kashtanova did not attribute the artwork to AI. [4] In October of 2022, the initial challenge to the copyright was presented, with the possibility of appeal if Kashtanova could provide enough evidence for the registration not to be canceled. [4] Kashtanova’s lawyer claimed that Midjourney was only an assistive tool, while Kashtanova authored the product. [4] While the edits in Photoshop were not enough to give Kashtanova ownership over the art, other aspects were protected: "…text as well as the selection, coordination, and arrangement of the Work's written and visual elements. That authorship is protected by copyright." [1] While the piece as an organized whole is protected by copyright, the individual pieces of AI art are not. The case affirmed that only human work—at least in the case of physical images— can be protected by copyright laws at this time. [2]

The court concluded this: “For the reasons explained above, the Office concludes that the registration certificate for Zarya of the Dawn, number VAu001480196 was issued based on inaccurate and incomplete information. Had the Office known the information now provided by Ms. Kashtanova, it would have narrowed the claim to exclude material generated by artificial intelligence technology.” [5] While Kashtanova generated the prompts to produce the images, only the aspects that were authored by a human are officially protected.

In response, Kashtanova posted on Instagram: “I was disappointed in one aspect of the decision. The Copyright Office didn't agree to recognize my copyright of the individual images. I think that they didn't understand some of the technology so it led to a wrong decision. It is fundamental to understand that the output of a Generative AI model depends directly on the creative input of the artist and is not random. My lawyers are looking at our options to further explain to the Copyright Office how individual images produced by Midjourney are [a] direct expression of my creativity and therefore copyrightable.” [5] Kashtanova’s future goals may allude to further conflict with AI-generated images in the court.

As more questions arise, the issue of AI-generated images extends far beyond the United States Copyright Office. While the United Kingdom has room for AI generated protection, the European Union does not. [2] The debate has brought numerous academic minds to the table. Giorgio Franceschelli, a Ph.D. student at the University of Bologna, stated “Creators would face a lot of free-to-use content that can undermine their market.” [2] On the other hand, Toby Walsh, an expert on computer science from the University of New South Wales, says: “If AI-made inventions are excluded from the patent system, it might stifle the innovation ecosystem.” [2]

With the rise of numerous AIs of increasing levels of advancement, such as Midjourney and even Chat GPT, this will likely become an even more prevalent problem. [6] The impact of AI on media even ascends to Marvel Studies, as the studio recently utilized AI to generate the opening sequence for “Secret Invasion.” This arrangement of images has brought much controversy to the show. [1] However, the case of Zarya of the Dawn currently turns down the protection of AI-generated artwork.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Hadley, Mitch, and James Raleigh. (June 29, 2023). “Art of Ultron: AI looms over the comic book industry.” reuters.com.

Art of Ultron: AI looms over the comic book industryreuters.com.

[2] Rao, Rahul. (June 13, 2023). “Generative AI’s Intellectual Property Problem Heats Up

AIs producing art or inventions have to navigate a hostile legal landscape, and a consensus is far away.” IEEE Spectrum.

https://spectrum.ieee.org/generative-ai-ip-problem.

[3] Benzine, Vittoria. (September 27, 2022). “A New York Artist Claims to Have Set a Precedent by Copyrighting Their A.I.-Assisted Comic Book. But the Law May Not Agree.” news.artnet.com.

Artnet NewsA New York Artist Claims to Have Set a Precedent by Copyrighting Their A.I.-Assisted Comic Book. But the Law May Not AgreeKris Kashtanova recently secured a U.S. copyright for the 18-page book "Zarya of the Dawn," which uses imagery generated using Midjourney..Sep 27, 2022.

[4] Edwards, Benj. (February 23, 2023). “AI-generated comic artwork loses US Copyright protection.” arstechnica.com.

https://arstechnica.com/information-technology/2023/02/us-copyright-office-withdraws-copyright-for-ai-generated-comic-artwork/.

[5] United States Copyright Office: Letter to Van Lindberg. (February 21, 2023). “Zarya of the Dawn (Registration # VAu001480196).” https://cdn.arstechnica.net/wp-content/uploads/2023/02/AI-COPYRIGHT-decision.pdf.

[6] Brittain, Blake. (February 22, 2023). “AI-created images lose U.S. copyrights in test for new technology.” reuters.com.

https://www.reuters.com/legal/ai-created-images-lose-us-copyrights-test-new-technology-2023-02-22/.

[michiganprelawland]

Michigan Minimum Wage Laws Getting Another Look: Reactions from Employers and Employees

By Taylor Trenta, Calvin University Class of 2025

July 7, 2023

In accordance with Michigan's improved Workforce Opportunity Wage Act of 2018, the minimum wage for the state increased from $9.87 to $10.10, as was scheduled for January 1, 2023. For those between 16 and 17, the 85% rate was increased to $8.59, while the tipped employee rate increased to $3.84 per hour. [1] As of June 21st, however, the Michigan Supreme Court agreed to hear an appeal that may alter both the minimum wage and laws regarding sick leave. In this case, the Michigan Supreme Court is being asked to revisit the use of the “adopt and amend strategy” in the state legislature. While the Court of Claims decided in August of 2022 that the use of this strategy violated the state constitution, the Court of Appeals declared—3 to 0—that the lower court’s findings were not supported by the intents of the constitution. [2] This movement has met positive reactions from some, but doubt in some small business owners. [3]

At this time, adjustments in the minimum wage follow Public Act 337; “Under Public Act 337 of 2018, the Improved Workforce Opportunity Wage Act (“IWOWA”), Michigan businesses—no matter their size—would be forced to quickly raise minimum wages with annual adjustments for inflation.” [3] Along with that, the Michigan Paid Sick Leave Initiative and Michigan Minimum Wage Increase Initiative were adopted, but both were altered during the lame duck period following the 2018 election. [4] This weakened version of the initiative aimed to raise the minimum wage to $12.05 by 2030, rather than $12.00 by 2022; this also altered sick pay, such as companies with less than ten employees allowing their workers up to 40 hours of paid sick leave at a certain point, and workers at larger companies up to 72 hours. [4] In context, the United States Department of Labor has shared Michigan’s minimum wage over the decades, illustrating the changes since 1968. In that year, it was only $1.25 an hour. [5] With the lower-than-expected minimum wage in 2030, problems were brought to the courts. In 2022, the Court of Claims expressed concerns that the use of the “adopt and amend” strategy was in violation of the Michigan Constitution. [4] However, the Court of Appeals reversed this decision in January of this year, saying the judges were considering “the constitutionality of the procedure used by the Legislature to amend these acts” over the necessity of the alteration. [4] Now, this issue has moved to the Michigan Supreme Court.

 However, the movement to raise the minimum wage has not been without opposition. In April, the Small Business for a Better Michigan Coalition submitted an amicus curiae brief supporting the decision of the Court of Appeals, specifically defending the constitutionality of Public Act 368 of 2018 and Public Act 369 of 2018. [3] Public Act 369 was signed into law by the Governor on December 12, 2018, with Public Act 368 being signed on December 13, 2018. [3] With these acts being brought to the attention of lawmakers numerous times, the Small Business for a Better Michigan Coalition stated: “While the posture of this case has changed, the issues still do not warrant the Court’s review. The COA’s published opinion is based on settled cannons of constitutional analysis and corrects the outcome-driven opinion of the trial court.” [3] The key concern of the Coalition is the planning and budgeting of the small businesses throughout the state; according to their amicus curiae brief, companies have carefully budgeted in accordance with Public Acts 368 and 369 for the last five years. Therefore, striking down these acts “would have multiple immediate, adverse and irreversible impacts on the Coalition’s members and their employees.” [3]

Furthermore, the amicus curiae brief presents their support for the Court of Appeals; in that, it states: “Michigan businesses are facing historic challenges including record inflation and the ongoing effects of economic damage inflicted by the Covid-19 pandemic. To be required to suddenly implement a new law, almost 5 years after compliance in good faith with a facially legitimate enactment of the Legislature, would lead to an immediate and drastic adverse impact on both businesses and employees.” [3]

Furthermore, Justin Winslow from the Michigan Restaurant and Lodging Association expresses his own concerns about what is at stake with the Michigan Supreme Court decision. [6]

“Their business model is not going to function and they’re going to have to quickly lay off a lot of their restaurant servers to try to find a way to keep their business open if the Supreme Court rules that what the Legislature did was unconstitutional... So that’s just more anxiety for the restaurant industry that it could, frankly, not use right now.” [6]

However, many Michigan workers have expressed a need for increased wages. Lexi DeJonge, a server at Texas Roadhouse, stated, “It’s just difficult to rely on tips, especially only making like three dollars an hour... You have to depend on these people giving you extra money on top of what they’re already purchasing.” [7]

While the opinion of the Michigan Supreme Court is yet to be decided, One Fair Wage has moved forward with another petition. Beginning in November of 2022, this petition has gained 610,000 signatures and aims to set the minimum wage at $15 in 2024. [8] Regardless of the ruling, the minimum wage will continue to be a concern for businesses and employees across the state.

______________________________________________________________

[1] Labor and Economic Opportunity. “Minimum Wage Set to Increase January 1, 2023.”

michigan.gov.

https://www.michigan.gov/leo/bureaus-agencies/ber/wage-and-hour/minimum-wage-january-2023

[2] Advocacy News. (June 22, 2023). “Michigan Supreme Court to Hear Minimum Wage, Paid Sick Leave Case.”

Michigan Chamber of Commerce.  

https://www.michamber.com/news/michigan-supreme-court-to-hear-minimum-wage-paid-sick-leave-case/#:~:text=Minimum%20Wage%20%E2%80%93%20Under%20the%20ballot,%2411.75%20per%20hour%20in%202023

[3] STATE OF MICHIGAN IN THE SUPREME COURT APPEAL FROM THE COURT OF APPEALS. (April 19, 2023). “AMICUS CURIAE BRIEF OF THE SMALL BUSINESS FOR A BETTER MICHIGAN COALITION IN SUPPORT OF APPELLEE THE STATE OF MICHIGAN OPPOSING THE APPLICATIONS FOR LEAVE TO APPEAL OF APPELLANTS MOTHERING JUSTICE AND THE ATTORNEY GENERAL.” michamber.com. https://www.michamber.com/wp-content/uploads/2023/04/4879-1713-0334.1-Exhibit-A-Amicus-Curiae-Brief-Small-Business-for-a-Better-Michigan-Coalition-As-Received.pdf.

[4] Miller, Matthew. (June 21, 2023). “Michigan Supreme Court will rule on tactic that weakened minimum wage, sick leave initiatives.” MLive.com. MLive.comMichigan Supreme Court will rule on tactic that weakened minimum wage, sick leave initiativesThe state Supreme Court has agreed to consider the legality of the “adopt and amend” strategy used by Republicans in the state legislature....2 weeks ago.

[5] U.S. Department of Labor. (July 5, 2023). “State Minimum Wage Rate for Michigan.” Federal Reserve Bank of St. Louis. https://fred.stlouisfed.org/series/STTMINWGMI.

[6] Pluta, Rick. (June 22, 2023). “Michigan Supreme Court will decide “adopt-and-amend” controversy.” WEMU.

https://www.wemu.org/michigan-news/2023-06-22/michigan-supreme-court-will-decide-adopt-and-amend-controversy.

[7] Cobb, Thomas. (January 19, 2023). “What does Michigan's minimum wage increase really mean for workers?” statenews.com.

https://statenews.com/article/2023/01/what-does-michigans-minimum-wage-increase-really-mean-for-workers?ct=content_open&cv=cbox_featured

[8] Bohner, Steven. (January 2, 2023). “Michigan's $10.10 minimum wage explained.”

wzzm13.com.

https://www.wzzm13.com/article/money/economy/michigan-minimum-wage-explained/69-1d4d386e-d87f-4786-9880-fa46b38c87e1

[michiganprelawland]

Bed Bath & Beyond Bankruptcy: The Intellectual Property of the Retailer Purchased by Overstock.com

By Taylor Trenta, Calvin University Class of 2025

June 30, 2023

Amidst the economic turmoil of recent years, numerous large-scale retailers have fallen to bankruptcy; one of these companies is Bed Bath & Beyond. With this recent situation, under Case No. 23-13359, Overstock.com purchased Bed Bath & Beyond’s intellectual property and other digital assets; this purchase is alleged to go over for $21.5 million. Official documents were filed on Thursday, June 22. This bankruptcy filing occurred in the United States Bankruptcy Court for the District of New Jersey under the Honorable Vincent F. Papalia. [1] With these new properties, Overstock.com is also looking to update their domain name, taking on the former company’s title of Bed Bath & Beyond. [2].

Recently, Bed Bath & Beyond has struggled as a general retailer. Dwindling sales and unsuccessful marketing strategies are cited as contributing reasons for the bankruptcy filing. [3] Bed Bath & Beyond was founded in 1971 and was widely popular for products as wide ranging as kitchen utensils to dorm supplies. [4] Despite the company’s prominence, one of the key reasons for poor sales was the increase in competition from other major retailers. Wayfair, Amazon, and Target have increased their dedication to home products and decorations over recent years. [1] Neil Saunders from GlobalData spoke on this, saying “If there is a single point of failure … it’s that the company stopped being relevant to consumers... Arguably, this goes back a long way thanks to the rise of online and the improvement of home offers at rivals like Target. Against this increased competition, Bed Bath and Beyond’s approach to retail — which lacked inspiration — was found wanting.” [4] Financially, the company also experienced monetary setbacks. For example, they lost approximately $1 billion from a stock buyback in 2021. The company also reported a $393 million quarterly loss in January, putting losses at a total of $1.1 billion or more; this was only made worse by a $550 million loan from JP Morgan and $375 million loan from Sixth Street that they could not pay back. [1] High rates of inflation and a movement towards private products were also detrimental for Bed Bath & Beyond. [4]

As of late April, the company filed for Chapter 11 bankruptcy protection. On April 23rd, CEO Sue Grove stated: “Millions of customers have trusted us through the most important milestones in their lives – from going to college to getting married, settling into a new home to having a baby. Our teams have worked with incredible purpose to support and strengthen our beloved banners, Bed Bath & Beyond and buybuy BABY. We deeply appreciate our associates, customers, partners, and the communities we serve, and we remain steadfastly determined to serve them throughout this process. We will continue working diligently to maximize value for the benefit of all stakeholders.” [5] Throughout June, the trial has progressed in dwindling the company’s property and assets, resolving in part with Overstock.com winning general rights and properties. Overstock.com is a company based in Utah; they specialize in selling furniture and decorative items at discounted prices. [1]

As Overstock.com continues to adopt the properties of Bed Bath & Beyond, the company looks to quickly relaunch their own app, website, and loyalty program; this will roll out in the United States later this year. [2] Overstock CEO, Jonathan Johnson, says “Bed Bath & Beyond is an iconic consumer brand, well-known in the home retail marketplace. The combination of our winning asset-light business model and the high awareness and loyalty of the Bed Bath & Beyond brand will improve the customer experience and position the Company for accelerated market share growth.” [2] The company also looks to take on the domain name of Bed Bath & Beyond, which they announced on Wednesday, June 28th. [6] By August—a month after the last Bed Bath & Beyond store will close—Overstock looks to switch from overstock.com to bedbathandbeyond.com in the United States. While other names are still being considered, Overstock is currently working to bring the assets and properties of Bed Bath & Beyond into their own operations. [6]

With these new properties, Overstock looks to reboot their own image and reputation as a liquidator. Jonathan Johnson said: “We will probably have both logos for a little bit, but the goal is to transition as quickly as possible to Bed Bath & Beyond.” [6] However, the acquisition does not end at names and properties; Overstock will also be acquiring data on customer habits. This will include information on what customers purchased and their frequency on the store website. [6]

At this time, Bed Bath & Beyond is continuing to distribute and auction off their rights. This includes physical buildings and Buy Buy Baby Properties. [2] On April 25th, the Bankruptcy Court set dates for various auctions of Bed Bath & Beyond properties; objections and further assets will be auctioned off in early July. [7] Buy Buy Baby was auctioned off on June 28th. [1] The company is also working to defend the $240 million loan they took out at the beginning of the case; junior bondholders alleged that the loan was based on inaccurate financial information. [3] After 52 years, the Bed Bath & Beyond company has faded from public relevance, but the company’s intellectual property rights may remain in name through Overstock’s reboot.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Mark, Julian. (June 22, 2023). “Overstock to buy Bed Bath & Beyond’s intellectual property assets.” Washington Post. https://www.washingtonpost.com/business/2023/06/22/overstock-bed-bath-beyond-assets/.

[2] Fonrouge, Gabrielle. (June 28, 2023). “Overstock.com will change website name to Bed Bath & Beyond as deal closes.” CNBC. https://www.cnbc.com/2023/06/28/overstockcom-to-rename-website-bed-bath-beyond.html.

[3] Knauth, Dietrich. (June 27, 2023). “US judge approves Overstock's $21.5 mln Bed Bath & Beyond purchase.”

Reuters.

https://www.reuters.com/markets/deals/us-judge-approves-overstocks-215-mln-bed-bath-beyond-purchase-2023-06-27/.

[4] Peiser, Jaclyn. (April 24, 2023). “Bed Bath & Beyond files for bankruptcy, plans to close all stores.”

Washington Post.

https://www.washingtonpost.com/business/2023/04/23/bed-bath-beyond-bankruptcy/.

[5] Bed Bath & Beyond Inc. (April 23, 2023). “Bed Bath & Beyond Inc. Files Voluntary Chapter 11 Petitions.” bedbathandbeyond,gcs https://bedbathandbeyond.gcs-web.com/news-releases/news-release-details/bed-bath-beyond-inc-files-voluntary-chapter-11-petitions.

[6] Holman, Jordyn. (June 28, 2023). “Overstock Sees a Future in Calling Itself Bed Bath & Beyond.” New York Times.

https://www.nytimes.com/2023/06/28/business/overstock-bed-bath-beyond.html.

[7] Bed Bath & Beyond Inc. Case No. 23-13359. https://restructuring.ra.kroll.com/bbby/.

[michiganprelawland]

New Distracted Driving Laws in Michigan Aim to Limit Phone Usage on the Road, Starting June 30th

By Taylor Trenta, Calvin University Class of 2025

June 24, 2023

As technology continuously evolves, concerns are rising over issues with distracted driving. To solve this predicament, the state of Michigan is amending state road laws to crack down on the use of technological devices, most notably cell phones, while behind the wheel. These additions will make Michigan the twenty-sixth state to establish hands-free driving laws. This will alter the Michigan Vehicle Code, which already prohibits texting, by establishing stricter policies to reduce the probability of unnecessary accidents. It will also make the use of a phone while driving a primary offense, allowing officers to pull drivers over for that action alone. [1] Governor Gretchen Whitmer committed to signing these three bills this past May; they include House Bill 4250, 4251, and 4252, which outline the alterations, penalties, and exemptions. [2] This new policy will be implemented on June 30th. [3]

In Enrolled House Bill 4250, it states: “Except as otherwise provided in this section, an individual shall not hold or use a mobile electronic device while operating a motor vehicle. This subsection does not apply to an individual operating a commercial motor vehicle or a school bus.” The document specifies using a mobile electronic device as “... 1 or more of the following: (a) Using a mobile electronic device to do any task, including, but not limited to, any of the following: (i) Send or receive a telephone call. (ii) Send, receive, or read a text message. (iii) View, record, or transmit a video. (iv) Access, read, or post to a social networking site.” [4] However, the bill specifies that these are not applicable in the case of a hazard or necessity caused by an emergency. [4] This was approved by Governor Whitmer on June 7th. When measuring distracted driving, various types exist. The three main types are visual, such as looking away from the road, manual, such as removing hands from the wheel, and cognitive, such as thinking on unrelated topics. According to the National Highway Traffic Safety Administration and Virginia Tech Transportation Institute, these types of inattention are some of the leading causes of crashes and near-crashes. [5]

With Enrolled House Bill 4251, consequences are listed; for example, “Suspension for 60 days, to run consecutively with any commercial driver license action imposed under this section, if the individual is convicted of or found responsible for 1 of the following while operating a commercial motor vehicle: (i) Two serious traffic violations arising from separate incidents within 36 months…” [6] The bill lists numerous consequences for repeat offenses, as well as actions when confronted by law enforcement. [6] Some of the punishments include fines; for a first offense, there is either a $100 fine, 16 hours of community service, or both. For a second offense, the fine could be up to $250, community service up to 24 hours, or a combination of both. [5].

Finally, Enrolled House Bill 4252 states that “Except as provided in this section, and in addition to the requirements of section 602b, an individual issued a level 1 or level 2 graduated license under section 310e shall not use a cellular telephone while operating a motor vehicle upon a highway or street. For purposes of this subsection, “use” means to initiate a call, answer a call, or listen to or engage in verbal communication through the cellular telephone.” [7] This bill addresses the use of devices for phone calls, doubling down on the distraction devices can cause, even if not typing a text message or reading information.  It lists and specifies exemptions to the policies. It also outlines various levels of fines and different violations. [7]

While fines are hefty for ordinary drivers, this new law will impact commercial and truck drivers even more severely. For example, drivers of school buses and commercial buses will face a $200 fine, 32 hours of community service, or both for a first offense. Following that, they may face a $500 fine, 48 hours of community service, or both. [5]. However, options still exist. Even with the tightening of laws, drivers are still able to utilize hands-free GPS systems and voice commands with mobile devices. [5] This ban is also not applicable to on-duty public safety officers, such as paramedics and police officers. [2]

With this in mind, the Michigan government provided recent statistics regarding distracted driving during the age of technology. In 2021, Michigan experienced 16,543 crashes with a distracted driver—the result was 59 fatalities. This is especially concerning among the young; while only 6.7% of Michigan drivers are under 21, 18.1% of distracted crashes occur with a driver under that age. [8] Some Michiganders have had mixed reactions to the adjustments themselves, as found in interviews from the Detroit Free Press. While Roslyne Solomon of Detroit speaks positively, saying, “Because you’d be paying a lot more attention to the road than you would your phone,” others, such as Issac Jones, question some aspects of the new policies. He said, “So you stop at a stoplight and you’re texting, you put it down and you drive off. I don’t understand that,” but also, “All the laws in the world is not going to change whether or not you be a safe driver. Like people most of the time don’t even think about the law... they get a call, they answer it.”  [9]

While tightening the restrictions on driving, these alterations look to make summer driving—often the most dangerous season for distracted drivers—safer. This movement has received support from General Motors executive Steve Kiefer, who lost his son in a tragic accident; the perpetrator was a distracted driver who rear-ended him. [2] These stricter laws have the potential to diminish the risk of tragic accidents like this. As technology continues to evolve, these policies may be a useful tool in keeping the road safe.

______________________________________________________________

Taylor Trenta is a pre-law student at Calvin University, located in Grand Rapids, Michigan. She is currently studying history and economics as an Honors Scholars student.

______________________________________________________________

[1] Martin, Jackie. (2023, June 19). “New cellphone laws go into effect soon; violations come with fines, more.” News- Herald. https://www.thenewsherald.com/2023/06/19/new-cell-phone-laws-go-into-effect-soon-violations-come-with-fines-more/.

[2] Orner, Ben. (2023, May 15). “4 things to know about Michigan’s expanded distracted driving law.” M Live. https://www.mlive.com/public-interest/2023/05/4-things-to-know-about-michigans-expanded-distracted-driving-law.html.

[3] Lobo, Arpan. (2023, June 19). “Michigan’s new distracted driving law goes into effect June 30: Here’s what to know.” Detroit Free Press. https://www.msn.com/en-us/autos/news/michigans-new-distracted-driving-law-goes-into-effect-june-30-heres-what-to-know/ar-AA1cK2v1.

[4] House Bill 4250. (2023). Michigan Legislature. http://www.legislature.mi.gov/(S(wvbrbo2nwx3b15k4wg4q15rq))/mileg.aspx?page=GetObject&objectname=2023-HB-4250.

[5] Michigan State Police. (2023). “Distracted Driving.” michigan.gov. https://www.michigan.gov/msp/divisions/ohsp/distracted-driving.

[6] House Bill 4251. (2023). Michigan Legislature. http://www.legislature.mi.gov/documents/2023-2024/publicact/pdf/2023-PA-0039.pdf.

[7] House Bill 4252. (2023). Michigan Legislature.

http://www.legislature.mi.gov/documents/2023-2024/publicact/pdf/2023-PA-0040.pdf.

[8] Michigan Government. (2023). “FACT SHEET AND TALKING POINTS.” Michigan Government. https://www.michigan.gov/msp/-/media/Project/Websites/msp/ohsp/1_March-2023/Distracted-Driving-Enforcement-Fact-Sheet.pdf.

[9] Lobo, Arpan. (2023, June 8). “New Distracted Driving Laws Earn Cautious Applause Around Michigan.” Detroit Free Press. https://www.freep.com/story/news/local/michigan/2023/06/08/new-distracted-driving-laws-earn-cautious-applause-around-michigan/70297476007/.

Photo Credit: Michigan Executive Office of the Governor,

[michiganprelawland]

PFAS and It’s Impact on Government and Health

By Joshua Hayes, Grand Valley State University Class of 2024

June 21, 2023

PFAS stands for Per- and polyfluoroalkyl substances, these are manmade chemicals included are perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). PFAS is a catch all term for chemicals that are unable to break down naturally, meaning they build up in various places throughout our environment. These forever chemicals are commonly used in Teflon, leather products, non-stick pans, etc.  Due to its ability to easily move through the ground it has potential to build up within our water ways, making it easier for contaminants to build up in the general area. The Michigan government has created teams that work toward identifying locations where PFAS is present as a contaminant.

Michigan is currently leading the country in the fight against PFAS contaminants besides the teams working toward finding the locations of various PFAS contaminants the state of Michigan is currently filing a lawsuit against 17 defendants. All the defendants “knowingly designed, marketed, developed, distributed, sold, manufactured, released, supplied, transported, arranged for disposal or treatment, handled, and/or used PFAS and/or PFAS-containing products in Michigan in such a way as to cause harm to our state’s natural resources and our residents.”[1] The plaintiff in the case is Attorney General Dana Nessel, representing the State on behalf of the people. There are currently no other civil actions coming from the facts, or issues that are presented in the complaint. One of the goals of the state when filing this complaint was to work toward holding a handful of the biggest companies working with these chemicals responsible, while also gaining money for the efforts the State has started itself to seek out contamination and eliminate threats. The Great lakes that surround the state of Michigan contain 20% of the worlds fresh water, while also being one of the most populated states in the country holding more than 10,000,000 individuals. Michigan has made it known that they are the current leaders in creating teams and methods that are helping to save the environment from PFAS. Given that PFAS is used in so many products, it is crucial that the state of Michigan makes an example of these companies in order to create a not only statewide but nationwide standard, for what’s acceptable for these companies when it comes to caring for our environment.

Many of these manufacturers getting brought forward during this case are those that have in the past denied publicly that PFAS presents even a minor harm to the environment or the humans within it. One of the 17 defendants involved are 3M and around the time of the complaint a website that was sponsored by them stated, “the weight of scientific evidence does not show that PFOS or PFOA causes harm to the environment or people at current or historic levels.”[2] Within the complaint the state of Michigan presents data collected by the U.S. EPA that concluded, “ that human epidemiology date report associations between certain PFAS exposure and high cholesterol, increased liver enzymes, decreases vaccination. Response, thyroid disorders, pregnancy- induced hypertension and preeclampsia, and cancer (testicular and kidney).” [3]As of right now the aforementioned data is yet to be confirmed to be true by the companies, but what it does show is that it seems like the state of Michigan may have a solid case. Regardless of the results of the case this suit is going to force a lot of large cooperation’s to take a good look at their practices and how they affect the environment.

______________________________________________________________

[1] Michigan PFAS Action Response Team (2023), https://www.michigan.gov/pfasresponse/

[2] 3M (2019), https://www.pfasfacts.com/#:~:text=However%2C%20the%20weight%20of%20scientific,than%2070%20percent%20since%202000.

[3] State of Michigan V. 3M Company…, (2020),  https://www.michigan.gov/ag/-/media/Project/Websites/AG/releases/2020/january/Complaint_20200114_final.pdf?rev=b1a06258d49a4835b174272565267734&hash=25747CA5C5A6F91EC47B51115E51E2FA

Photo Credit: Brocken Inaglory

[michiganprelawland]

Aprile and Commerciale Italiana v. EUIPO – DC Comics: Reaffirmation of Batman Logo’s Trademark in the European Union

By Taylor Trenta, Calvin University Class of 2025

June 20, 2023

The Batman symbol, famously projected over the fictional streets of Gotham, has remained iconic in both comic books and popular media for nearly a century. However, the Aprile and Commerciale Italiana v EUIPO – DC Comics case has generated controversy over the use of the trademarked logo. While the Italian company challenged the status of the trademark, the EU’s General Court decided on June 7th to side with the comic book company and the earlier decisions of the EUIPO. [1]

Commerciale Italiana first challenged the established copyright in 2019, claiming the Batman logo was not distinctive enough to prevent production on various clothing and novelty items; the January 21, 2019 statement pursuing invalidity for the trademark included use on products such as “Costumes, theatrical costumes, masquerade costumes, dance costumes, Halloween costumes, carnival costumes, costumes for masquerade parties, masks and/or full dresses, headgear, bodices, pants, overalls, pantyhose, belts, shoes, shoe covers and cloaks, related to the Batman character and/or intended to be worn to represent the Batman character.” [2] The version of the logo in question is a black and white oval with the signature bat within. [3] The company specifically cited the logo as descriptive rather than distinctive, hoping this would weaken the authenticity of a valid trademark. [4] DC Comics, now owned by Warner Bros. Discovery, first applied to trademark the symbol with the European Union in 1996 and received said trademark in 1998. [1]

Commerciale Italiana’s case was rejected by the European Union Intellectual Property Office, being taken on by both the cancellation division and later the Board of Appeals. [4] While both divisions concluded that the logo warranted protection, Luigi Aprile and the Commerciale Italiana company continued to pursue the case.

Following these decisions, the case progressed to the EU’s General Court. [4] One aspect of their appeal was that the trademark protected the logo of a fictional entity. [3] In response, the court continued to defend the Batman logo’s copyright, despite Commerciale Italiana’s concerns over the Caped Crusader’s fictional status. The ruling stated that “it must be noted that the fact that that mark is associated with a fictitious character does not, in itself, make it possible to rule out that that mark can also serve as an indication of the origin of the goods in question.” [3]

Another point of Aprile and Commerciale Italiana’s argument was the possibility that the Batman symbol was not always associated with the iconic fictional character in the eyes of the public. The logo in question was said not to be distinctive enough to warrant trademark protection. In response to this claim, the court stated this: “In those circumstances, the evidence put forward by the applicants is not sufficient to show that the relevant public did not associate the Batman character with the intervener on the date of filing of the application for registration of the contested mark or that, on that date, the mark was associated with another commercial origin. Moreover, at the hearing, the intervener confirmed, in that connection, that the use in question of that mark had been authorised.” [2] Despite the claims of Commerciale Italiana, both the Board of Appeals and the General Court agreed that the Batman symbol has always been associated with DC Comics. The longevity of the trademark and the popularity of the character over many generations as a cultural and artistic staple also played a role. The court stated: “In the fourth place, the applicants’ argument that the contested mark cannot enjoy the protection conferred by a mark, because the Batman insignia is a literary and artistic work which should be protected under copyright, cannot succeed, since the existence of copyright protection does not preclude the sign from being protected under trade mark law at the same time.” [2]

Furthermore, the court documents expressed concern that the evidence in the appeal was not convincing enough. [2] The General Court concurred with the Board of Appeals, saying the Italian company did not adequately explain their reasoning. “They merely submit that that mark was necessary to depict the Batman character and do not, moreover, put forward any evidence in that connection in the context of the present plea.” [4] For Luigi Aprile and the Commerciale Italiana’s case to be successful in proving that the Batman logo is non-distinctive, it would have been beneficial to provide evidence from before April of 1996—when DC initially filed for the trademark. [4]

With this, the symbol was found to be distinctive enough to warrant protection by the EU patent office. [5] Their decision was based on the recognizable status of the symbol and the knowledge of the public. At this moment, this is a victory for the DC Comics company and the protection of other symbols. [6] Within the next two months, Commerciale Italiana may appeal to Europe’s highest court: the EU Court of Justice. [1]

______________________________________________________________

[1] Folkman, Varg, and Hancock Edith. (2023, June 7). “No, I’m Batman: DC Comics wins EU bat trademark fight.” Politico. https://www.politico.eu/article/no-im-batman-dc-comics-wins-eu-bat-trademark-fight/.

[2] Aprile and Commerciale Italiana v EUIPO – DC Comics. (2023, June 7). “Judgment of the General Court (Seventh Chamber) in Case T-735/2.” Curia- Documents. https://www.courthousenews.com/wp-content/uploads/2023/06/commerciale-italiana-v-dc-comics-gc-judgment.pdf.

[3] Quell, Molly. (2023, June 7). “The logo he deserves: DC Comics prevails in Batman trademark fight.” Courthouse News Service. https://www.courthousenews.com/the-logo-he-deserves-dc-comics-prevails-in-batman-trademark-fight/.

[4] O’Malley, Maura. (2023, June 7). “Batman logo fights off trademark invalidity action at EU’s General Court.” Global Legal Post. https://www.globallegalpost.com/news/batman-logo-fights-off-trademark-invalidity-action-at-eus-general-court-1649636002.

[5] Chee, Foo Yun. (2023, June 7). “Batman wins EU trademark dispute with Italian designer.” Reuters. https://www.msn.com/en-gb/money/other/batman-wins-eu-trademark-dispute-with-italian-designer/ar-AA1cfgSn.

[6] International Intellectual Property Law Association. (2023, June 7). “DC Comics Emerges Victorious In EU Batman Trademark Battle.” International Intellectual Property Law Association. https://iipla.org/ip-news/dc-comics-emerges-victorious-in-eu-batman-trademark-battle/#:~:text=DC%20Comics%20argued%20that%20the%20use%20of%20the,a%20well-known%20trademark%20associated%20with%20the%20Batman%20franchise.