Digital Commons Network^™

Andy Warhol Found. For The Visual Arts V. Goldsmith And The Need For An Aesthetically Informed Judiciary, Kailey Houck

Denver Sports & Entertainment Law Journal

No abstract provided.

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Legal Method And Political Time, Odette Lienau, Aziz Rana

Law and Contemporary Problems

No abstract provided.

Marx, Marxism, And The Critique Of Law, Umut Özsu

Law and Contemporary Problems

No abstract provided.

Indeterminacy And The Political Economy: Cls, Legal Politics, And Defetishizing The Lpe Debate, Akbar Rasulov

Law and Contemporary Problems

No abstract provided.

Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber

Duke Law & Technology Review

As artificial intelligence (AI) continues to surprise us with its humanlike abilities, it raises the question of whether AI-created music can or should be afforded legal protection. Particularly, how should copyright law treat melodies produced by an AI designed to algorithmically generate every possible melody? This article seeks to answer that question, ultimately concluding that AI-produced melodies are not copyrightable and that melodies are not merely facts undeserving of copyright protection, but something valuable to mankind and worth protecting by law.

The article explores Damien Riehl’s All the Music project (ATM) and his arguments for why ATM’s outputs should be …

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …

Free Speech, The University, And The Wrong Turn In The Road, Donald Downs

Journal of Civil Rights and Economic Development

(Excerpt)

I introduce this Article by examining the present state of campus free speech policy and politics. I pose questions raised by the demonstrations that erupted in the wake of the war between Israeli and Iranian proxies on October 7, 2023. I then present a skeletal model of the liberal university, followed by a discussion of how illiberal forms of free speech logic have influenced and shaped thinking in higher education and elsewhere since the 1960s. I conclude with a critique of higher education’s turn turning away from a liberal model of discourse.

Tribal Rights Of Nature Laws: Fulfilling Sacred Obligations, Ashley Dawn Anderson

Tulsa Law Review

No abstract provided.

Icymi (In Case You Missed It): Moody V. Netchoice, Llc And First Amendment Protections For Social Media Platform Expression, Eric T. Kasper

Tulsa Law Review

No abstract provided.

Scaling Sustainable Propellants To Address Rocket Emissions: Lessons From The U.S. Aviation Industry, Zhizhou (Josie) Liu

Duke Law & Technology Review

The rapid growth of the U.S. commercial space industry has exposed a profound regulatory gap in addressing rocket emissions. By releasing greenhouse gases and particulates like black carbon, alumina, and water vapor, rocket launches not only contribute to climate change but also accelerate stratospheric ozone depletion. The U.S. aviation industry encountered similar environmental challenges decades ago, which eventually prompted legal and policy frameworks to curtail aviation emission through sustainable fuel technologies. Unlike aviation, however, the space industry now operates in a legal vacuum, with no binding international environmental standards or domestic regulations targeting rocket atmospheric pollution. As rocket emissions penetrate …

Understanding “Truth Of The Matter Asserted”, Frank Rosenblatt

Journal Articles

Many people struggle to understand hearsay. It’s not their fault. The hearsay definition is confusing and unhelpful, especially its final phrase: that hearsay is an out-of-court statement1 offered to prove “the truth of the matter asserted” in the statement.2 What does “truth of the matter asserted” mean? The definition’s plain language isn’t much help. This paper shares the basic example that I have found to be most effective in my law school evidence classes to diagnose hearsay.

Domestic Guestworkers: A Call To End The H-2b Program And Empower American Workers, Preston Huennekens

Kentucky Law Journal

No abstract provided.

Federal Prosecution In The Shadows Of Constitutional Immunity, J. Richard Broughton

Kentucky Law Journal

No abstract provided.

Executive Immunity, Corruption, And The Rule Of Law: Death By A Thousand Cuts, Kimberly Breedon

Kentucky Law Journal

No abstract provided.

The Removal Responsibility, Kevin Frazier

Kentucky Law Journal

No abstract provided.

Dred Scott, Military Enslavement, And The Case For Reparations, Hugh Mcclean

Kentucky Law Journal

No abstract provided.

Building Jerusalem: Commercial Law And Ethics Of The Benefit Corporation, Jeff Lingwall, Susan Park

Kentucky Law Journal

No abstract provided.

A Consideration Of Food In A Diversity Society, Masayo Morofushi

Japanese Society and Culture

In recent years, the number of foreign visitors such as tourists and businesspeople, and the number of foreign residents such as workers and international students, have been steadily increasing in Japan. However, the decrease in the number of foreign residents in Japan is relatively small compared to the number of foreign visitors to Japan, due to travel restrictions during the COVID-19 pandemic. Regarding restaurants, Japan has experienced diversity, progress, and cross-cultural understanding; however, these changes have been stagnant due to a decrease in the number of foreign visitors to Japan during the pandemic. Many natural disasters have recently occurred, and …

Inexorably Entangled Environmental And Knowledge Commons, Todd Aagaard, Brett M. Frischmann

Faculty Publications

For people to effectively share an environment, they usually also must effectively share knowledge about that environment. While seemingly obvious and intuitive, this insight is often overlooked in literature about governing resources as commons. Focusing on the knowledge commons associated with an environmental commons helps to illuminate a host of complex governance dilemmas. This chapter examines the interrelationship between environmental and knowledge commons, weaving together different strands of commons research and practice. Examples discussed include shared pastures, forests, road systems, computer servers, social media platforms, living rooms, and antimicrobial effectiveness/resistance.

Table Of Contents

DePaul Law Review

No abstract provided.

Ayahuasca And Religious Freedom, Andrew C. Michaels

Pepperdine Law Review

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA …

Bad Men In The Bordertown: Confronting Police Violence Against Native Americans With The Bad Men Treaty Clauses, Taylor Graham

New Mexico Law Review

In nine treaties signed by Tribal Nations and the United States between 1867 and 1868, the United States promised redress to Native Americans for wrongs committed against them by “bad men among the whites.” Today, Native Americans are more likely to be killed by police than any other group, with much of this violence concentrated near the borders of Tribal Nations. Although claims brought under the “bad men” treaty clauses offer an avenue for combatting this epidemic of violence, courts have begun interpreting the clauses to apply only when “wrongs” occur within Tribal boundaries. This article argues that the territoriality …

Predicting The Future Past: Human Cognitive Limits And Proximate Cause Determinations In Civil Actions, Dr. Molly Wilson, Helen Webster

New Mexico Law Review

Juror decision-making is inherently influenced by psychological biases, which pose a significant challenge to the fairness and accuracy of proximate cause determinations in tort cases. This Article explores the cognitive and social biases—such as hindsight bias, primacy, anchoring, belief in a just world, and moral outrage—that affect jurors as they engage in the complex reasoning required to assess foreseeability and causation. Given that jurors must disregard their knowledge of actual harm and set aside emotional responses to tragic injuries, the risk of bias is substantial. Traditional jury instructions have proven insufficient in mitigating these effects. As a solution, this Article …

The Impact Of The Legalization Of Marijuana On The Under 21 In New Jersey, Sharon Mesmer

Child and Family Law Journal

No abstract provided.

"This Is Not A Scam!": Assessment Of An Awareness Raising Program Tackling Older Adults' Scam Victimization In A Multi-Method Study, Katalin Parti, Pamela Teaster, Susanna Rinehart, Charles Dye

Qualitative Criminology (QC)

"Interactive theatre has long been used to educate and empower communities and prevent crime across all age groups. Although older populations are disproportionately victimized through fraudulent online schemes, effective educational interventions, like interactive theatre, have not been utilized to increase crime awareness. This paper describes an explorational research project, analyzing the results of a theatre-based fraud awareness program aimed towards educating victims and their communities about scams targeting older people. The study employs a mixed-method research design to examine program impact. In applying multifaceted tools of data collection, such as survey, participant observation, and follow-up interviews, the research team identified …

The Mark Of Confusion: Untangling The Circuit Split In Trademark Infringement Jurisprudence, Amilcar Torres

University of Cincinnati Law Review

No abstract provided.

The Disparate Impact Of The California Wildfires On Minority Communities: Exposing Environmental Injustice & Zoning Flaws, Jasmyn Hardin

University of Cincinnati Law Review

No abstract provided.

"Tuah Much To Handle": Why The Current Oversight On Cryptocurrency Is Insufficient, Adam Gross

University of Cincinnati Law Review

No abstract provided.