Digital Commons Network^™

Racing And Erasing Parental Rights, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Local Government Regulation Of Ccs, Keith B. Hall

Journal Articles

Carbon capture and storage is being used in an increasing number of locations in the United States as a tool to address climate change, and many more projects are in the planning stages. Although government, industry, and some prominent environmental organizations support the use of CCS, some environmental organizations and many citizens who live in the vicinity of proposed CCS projects oppose CCS. This has prompted several local governments to enact ordinances that attempt to prohibit or regulate CCS. These ordinances take many forms-moratoria, zoning restrictions and setbacks, effective bans, outright bans, construction and operational restrictions, and various other types …

Blinded By The Light: Resolving The Conflict Between Satellite Megaconstellations And Astronomy, David A. Koplow

Vanderbilt Journal of Transnational Law

The sudden emergence of large constellations of small satellites in low altitude orbits represents one of the most dramatic contemporary innovations in outer space. Promising low-cost, low-latency global communications and spectacular capacities for remote sensing of the Earth, these satellites will soon number in the tens of thousands, sponsored by diverse corporations and countries around the world. But this proliferation of spacecraft comes at a steep cost in unavoidable interference with ground-based astronomy: as the satellites overfly the observatories, they block the views of remote objects and phenomena, leaving obliterating white streaks on the collected imagery, and obscuring access to …

When Can An Agreement On Environmental Policies Comply With U.S. Antitrust Laws?, Nathan Mendelsohn

Emory Business Law Review

No abstract provided.

It’S Not Personal, It’S Strictly Business: The Need To Amend The Federal Rules Of Evidence To Permit Live Corporate Designee Testimony At Trial, Veronica J. Finkelstein

Emory Business Law Review

No abstract provided.

Valuing Social Data, Amanda Parsons, Salome Viljoen

Articles

Social data production—accumulating, processing, and using large volumes of data about people—is a unique form of value creation that characterizes the digital economy. Social data production also presents critical challenges for the legal regimes that encounter it. This Article provides scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production that is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that …

Tying Law For The Digital Age, Daniel A. Crane

Articles

Tying arrangements, a central concern of antitrust policy since the early days of the Sherman and Clayton Acts, have come into renewed focus with re-spect to the practices of dominant technology companies. Unfortunately, tying law’s doctrinal structure is a self-contradictory and incoherent wreck. A con-ventional view holds that this mess is due to errant Supreme Court precedents, never fully corrected, that expressed hostility to tying based on faulty economic understanding. That is only part of the story. Examination of tying law’s origins and development shows that tying doctrine was built on a now-dated paradigm of what constitutes a tying arrangement. …

Virtual Justice?: An Analysis Of Access To Court For People Experiencing Homelessness, Kaitlin Humer

Theses and Dissertations (Comprehensive)

Homelessness in Canada remains a wicked social problem that often intersects with compounding forms of marginalization. The criminalization of homelessness and living life in the public sphere explain, in part, why this population is likely to interact with the criminal justice system. Following the onset of the pandemic, the courts were forced to modernize and embrace digital technologies to maintain operations. Now four years since these changes, there are no signs of turning back and the court system is continuing forward with a hybrid model. Despite this, there is minimal research on the impact of virtual court proceedings on people …

Toward Best Practices For Trade-Security Measures, Harlan G. Cohen

Faculty Scholarship

The global economy is increasingly being weaponized. Citing security concerns from traditional defence to economic competitiveness, health emergency, and climate crisis, states are turning to sanctions, tariffs, export controls, investment screening, and subsidies. But while economic statecraft is becoming common, rules remain scarce. Questions about notice, duration, proportionality, harm minimization, compensation, retaliation, and/or rebalancing lack clear answers and seem almost theoretical. Once, we might have hoped the World Trade Organization (WTO) would play a role in developing such rules. But in the absence of an Appellate Body and in the face of state rejections of review, WTO’s deliberative processes have …

Painting A Clearer Picture: Introducing New Federal Rule Of Evidence 107 Regulating Illustrative Aids, Daniel J. Capra, Liesa L. Richter

Faculty Scholarship

They say a picture is worth a thousand words—and charts, drawings, diagrams, computer animations, and even tangible items are utilized at trial in virtually every case tried in the federal and state court systems. Litigants have come to depend heavily upon such aids to engage visual learners in the jury box and to present a compelling narrative. And the creative use of trial aids has only increased with the rapid technological advancements of recent decades. The ubiquity of such aids notwithstanding, there is no written standard governing their use, no agreed-upon lexicon for describing them, and no set of uniform …

Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution

No abstract provided.

Dance Like Everyone Is Watching: Why Tiktok Choreography And Copyright Aren't In Sync, Roseanne Planker

Cardozo Arts & Entertainment Law Journal

The note argues that viral dances on platforms like TikTok should not be protected under the U.S. Copyright Act due to their ephemeral nature, social functionality, and the incompatibility of copyright's exclusivity with the viral dissemination process. It advocates for statutory reforms to ensure fair compensation and attribution for creators, proposing that platforms like TikTok be held accountable for these protections, similar to the EU's Copyright Directive. The analysis emphasizes the need for new legal frameworks to address the unique challenges of viral choreography, balancing artistic progress and creator rights.

Tackling The Thicket: A Comparative Analysis Of Biologic Drugs And Biosimilars In The United States And Abroad, Lauren Cutler

Cardozo International & Comparative Law Review

The note examines the legal and regulatory landscape surrounding biologic drugs and biosimilars in the United States and Europe, focusing on patent protections, litigation trends, and the impact of biosimilar competition on drug pricing. It highlights the challenges posed by patent thickets and evergreening strategies employed by brand-name biologic manufacturers, which delay biosimilar market entry and maintain high drug prices. The analysis underscores the differences in regulatory frameworks and market dynamics between the U.S. and Europe, emphasizing the need for policy reforms to enhance competition and affordability in the biologic market.

Against The Current: Charting A New Course For Human Rights In Sustainable Fisheries Management, James H. Stitt

Cardozo International & Comparative Law Review

The note advocates for a paradigm shift in fisheries management, moving beyond Western-centric regulatory frameworks to a holistic, human rights-based approach that integrates sustainable development, biodiversity conservation, and social justice. It emphasizes the critical role of small-scale fisheries and Indigenous communities in achieving ecological and economic sustainability, arguing that their traditional knowledge and practices are essential for effective resource management. The analysis highlights the limitations of existing international frameworks, such as the United Nations Convention on the Law of the Sea (LOSC) and the Code of Conduct for Responsible Fisheries (CCRF), in addressing the needs of small-scale and Indigenous fishers. …

The Life Of International Law Is Not Logic But Experience, David Lefkowitz

Philosophy Faculty Publications

Justice Oliver Wendell Holmes Jr. famously maintained that ‘the life of the law has not been logic: it has been experience.’ Holmes’ statement suggests an antecedent question: what is the life of the law? This article construes this question ontologically. What gives law life? What animates it, and in so doing warrants the claim that law contributes to the production of social order in a particular community? The answer, I contend, is that law lives, or exists, only in those societies where law rules, and law rules only when the exercise of political power is conducted under the supervision of …

Expanding Our Horizons: Reflections On A Compass Of Possibilities, Corinna Barrett Lain

Law Faculty Publications

Once in a great while, I read a piece of literature and know immediately that I am reading something special. I instinctively know that the author is renowned, and I know this without even knowing who wrote whatever it is that I am reading. The words are crisp and clear, and the ideas are so provocative that it is evident that something deeply meaningful has been created, something that people will be thinking about for a long time. Such is the case with Mireille Delmas-Marty’s last lecture at the Collège de France in 2011, recently translated to English, and accompanied …

Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham

Cardozo Arts & Entertainment Law Journal

The note argues that while Direct Air Capture (DAC) technology holds significant potential to address climate change by removing carbon dioxide from the atmosphere, its development and deployment are hindered by the gatekeeping mechanism of patents. These patents, though intended to incentivize innovation, often stifle progress by restricting access to critical technologies. The analysis highlights the urgency of climate action, the limitations of current legal frameworks, and the need for policy reforms to accelerate DAC innovation and mitigate global warming.

Can Chatgpt And The Like Be Your Co-Authors?, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

On November 30, 2022, OpenAI released an AI based chatbot called ChatGPT (Generative Pre-trained Transformer). This AI system uses natural language processing (NLP) techniques to generate written text by learning the patterns and structures of natural language. ChatGPT is a versatile chatbot with the ability to write speeches, news articles, and essays either wholly or partially. Some users acknowledge ChatGPT as a co-author of the generated text, while others only acknowledge its use in writing the document. In fact, this issue became so pressing in academia that Springer Nature, the world's largest academic publisher, announced that software like ChatGPT cannot …

Why The Supreme Court Rejected The Prospect Theory Of Copyright Scope, Michael W. Carroll

Cardozo Arts & Entertainment Law Journal

In Google LLC v. Oracle America, Inc. ("Google v. Oracle"), and again in Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith ("Warhol"), the parties and various amici presented the Court with a variety of arguments about the relationship between a copyright owner's right to make derivative works from a protected work and a user's right to make fair uses of that same work. At bottom, these arguments were about the proper, or even optimal, scope of copyright.

This Essay argues that these arguments were instead grounded in a form of "prospect theory" of copyright scope that …

Impossibility Of Artificial Inventors, Mateusz Blaszczyk

Scholarly Works

Recently, the United Kingdom Supreme Court decided that only natural persons can be considered inventors. A year before, the United States Court of Appeals for the Federal Circuit issued a similar decision. In fact, so have many of the courts all over the world. This Article analyzes these decisions, argues that the courts got it right, and finds that artificial inventorship is at odds with patent law doctrine, theory, and philosophy. This Article challenges the intellectual property (IP) post-humanists, exposing the analytical and normative perils of their argumentation, and recommends against getting rid of the nominally central place of humans …

Still Problematic, Even Post-Settlement: Florida’S “Don’T Say Gay” Law And The Federal Constitution, Catherine Jean Archibald

Chapman Law Review

Florida’s “Don’t Say Gay” Law, officially part of the Parental Rights in Education Act, came into force in 2022. As amended in 2023, this law prohibits classroom instruction on sexual orientation or gender identity for children in pre-kindergarten through the eighth grade, and forbids any instruction on sexual orientation or gender identity that is not “age-appropriate or developmentally appropriate” for children in any grade.

From the start, this law was controversial and was challenged in court as a violation of the U.S. Constitution. In March 2024, a settlement agreement was reached in a lawsuit challenging the law, providing clarification on …

The Super Statute’S Kryptonite: The Faa After Efasha, Michael Snyder

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Dignity Of Work And Freedom At Work: Ethical Reflections On The Article 4 Jurisprudence Of The European Court Of Human Rights, Clemens Sedmak

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Accommodating Religious Liberty In An Artificially Intelligent Workplace, Michael H. Leroy

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Duty Of The Moment: Retooling The Agrarian Model Of Work/Home Integration, Erika Bachiochi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dignity Of Work: Is There A Transcendent Dimension?, Robert H. Tribken

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Getting Back On Your Feet: Wrongful Discharge Remedies And Dignifying Work, Ben Tillinghast

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Telling Stories, Curtis E. A. Karnow

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Justified True Beliefs, The Gettier Problem, And Criminal Knowledge In The Model Penal Code, Yifei Wang

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Heritable Genome Editing, And The Future Of Novel Reproductive Technologies, Kerry L. Macintosh

Faculty Publications

This Article compares human reproductive cloning (HRC) and
heritable genome editing (HGE) to identify factors that encourage bans
on novel reproductive technologies. HRC drew legislative opposition
in part because it involved asexual reproduction and was incorrectly
associated with copying. HGE and other technologies that involve
sexual reproduction do not have those problematic qualities. HRC also
became entangled with research in which human embryos were cloned
to be harvested for their stem cells. HGE did not because scientists
learned how to create and edit pluripotent stem cells without creating
embryos. However, the legal history of HRC predicts that reproductive
technologies strongly …