Digital Commons Network^™

Comment On “Voices From Beyond The Grave: Protecting The Audio Of Murder Victims Through (Intellectual) Property Law” By Alexandra M. Hudson, Christopher B. Seaman

Washington and Lee Law Review

Alex’s Note correctly identifies the tension between two important, competing values when it comes to how the law should deal with the sound recordings of murder victims captured in a public record, such as a 911 call or body camera footage. The first value is government transparency, including disclosure of public records through federal and state Freedom of Information Acts (FOIAs). As the Supreme Court has explained, “[t]he basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption, and to hold the governors accountable to the governed.” …

Mapping Disabled Justice: Empirical Research Towards A People-Centered Approach, Qudsiya Naqui

Book Chapters

This paper reviews access to justice for people with disabilities, focusing on what we know—and still need to know—about how justice systems can better serve and include disabled populations. Based on existing research, we know that disabled people, constituting roughly 16% of the global population, face significant legal, informational, communication, physical, and economic barriers at all stages of the justice process, and are disproportionately represented in both civil and criminal legal systems. We also know that these barriers impede disabled people’s access to the law, access to legal processes, and access to just outcomes, undermining their ability to engage in …

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Restricting Phones And Reaching Students: How Ab 235 Could Restore Adolescent Mental Health And Focus In The Classroom, Brynne Suder

University of the Pacific Law Review

No abstract provided.

Resolving Cross-Border Nft Disputes: Jurisdictional Approaches, Smart Contracts, And Proposed Solutions, Aparna Vaitla

Washington Journal of Law, Technology & Arts

The emergence of Non-Fungible Tokens (NFTs) has significantly impacted the enforcement of intellectual property (IP) rights, particularly in the digital environment. NFTs enable the creation, transfer, and monetization of unique digital assets such as artwork, music, and virtual goods, raising new legal challenges for IP protection. Among various IP concerns, copyright law is the most directly implicated in NFT-related disputes. While existing copyright frameworks remain broadly applicable, they require refined interpretation and targeted regulatory adaptation to address blockchain-specific issues such as pseudonymity, decentralized ownership, and cross-border enforcement. This Article focuses exclusively on copyright law, examining its applicability to NFT transactions …

To Smile Or Not To Smile? What Policymakers Need To Know About The Interplay Between Expressive Robotics And Public Perception, Adeline Schneider, Waseq Billah, Naomi T. Fitter

Canadian Journal of Law and Technology

The growing presence of autonomous delivery robots (ADRs) in public spaces has introduced new challenges regarding public perception, safety, and policy regulation. While ADRs provide a convenient, contactless delivery solution, there has been little research exploring how their design influences public acceptance and regulatory concerns. This study investigates the impact of expressive robotic features on perceptions of ADRs through a between-subjects online survey comparing two ADR models: the expressive Dax robot and the more widely deployed Starship robot. Participants answered questions about the robots’ expressivity and policy-relevant perceptions surrounding the robot. Findings showed a mix of enhancements from added robot …

Interoperable Ai Regulation, Jennifer Raso

Canadian Journal of Law and Technology

This article explores ‘‘interoperability” as a new goal in AI regulation in Canada and beyond. Drawing on sociotechnical, computer science, and digital government literatures, it traces interoperability’s conceptual genealogy to reveal an underlying politics that prioritizes harmony over discord and consistency over plurality. This politics, the article argues, is in tension with the distinct role of statutory law (as opposed to regulation) in a democratic society. Legislation is not simply a technology through which one achieves the smooth operation of governance. Rather, legislation is better understood as a ‘‘boundary object”: an information system through which members of different communities make …

R-Ai-Sing Questions: Exploring The Ethical And Legal Landscape Of Artificial Intelligence-Generated Media Of Medicalized Children, Kristen Thomasen, Gregorio Zuniga-Villaneuva, Muhammed Mukadam, David Lysecki

Canadian Journal of Law and Technology

When it comes to complex medical care for children, even in a country like Canada with many publicly funded healthcare services, much of the necessary research and holistic support for children and families is financed through private donations. Fundraising campaigns for children’s hospitals and services are common, often featuring movie stars, professional athletes, and many child patients. A range of important charitable activities, providing comfort, services, and necessities such as food and accommodation to children and families, are carried out through fundraising and donations. Fundraising for children’s services is a multibillion-dollar global undertaking. What’s more, it is largely dependent on …

Threads Of Protection: Intellectual Property Protections For Fashion Designs In The Age Of Generative Ai, Nayomi Mendez Andrade

Washington Journal of Law, Technology & Arts

This Article examines the limitations of intellectual property law in the United States for fashion designers and their creations. In doing so, it considers the impact generative artificial intelligence technologies have had on such protections. Despite fashion’s cultural and economic significance, U.S. law offers only fragmented protection through copyrights, trademarks, trade dress, and patents. Copyright law is significantly constrained by the useful article doctrine and the separability requirement articulated in Star Athletica v. Varsity Brands. Thus, copyrights only protect separable artistic elements rather than garments as a whole. Trademark and trade dress protections are typically only effective for well-established brands, …

From Software To Models: Rethinking Open Source In The Age Of Generative Ai, Dana Beldiman

Washington Journal of Law, Technology & Arts

Open-source software (OSS), a form of distributed and collaborative software development rooted in the ethos of early computer science, has evolved into an essential component of modern digital infrastructure. This article asks whether open source will assume a similarly transformative role within the emerging technological paradigm of generative artificial intelligence (AI).

Generative AI differs fundamentally from software: its constituent artifacts, architectures, generative capacities, and deployment contexts are distinct and substantially more complex. Despite these differences, foundation models continue to be released under licenses originally designed for software, which may not constitute a valid transfer of rights in the generative AI …

Precedent-Based Antitrust Law, Anca Daniela Chirita

William & Mary Business Law Review

This contribution revisits the authentic origins of antitrust law and the U.K.’s legacy of EU precedent rulings, spanning an eclectic and holistic analysis of the wider contemporary objectives of antitrust law, the versatile doctrine of vertical restraints of trade applied in the context of the online resale price maintenance, and the abuse theory of monopoly power applied in the context of excessive pricing and, more recently, of data-driven digital market competition. This contribution offers an original legal interpretation of precedent-based antitrust law: First, sustaining as principal narrative streams of evolutionary development, the rise of authentic precedent, which has had a …

Uncertainty In Business Judgment: How A Divide Between Delaware's Judiciary And Legislature Has Changed Corporate Law, Andrea Safran

William & Mary Business Law Review

In response to controversial Chancery Court decisions, the Delaware Legislature rushed to amend the Delaware Code in order to reinforce the business judgment rule. As the foremost business court in the nation, every Chancery Court decision is thoroughly scrutinized by the corporate world, so when the court goes against normal business practices, corporations grow wary in their trust of the State. Thus ensues a scramble by the State to pass legislation that will protect corporate interests. With these recent decisions, however, the Chancery Court may have lost its footing, and Delaware could soon see a mass corporate exodus with the …

A Tribute To Professor Brian C. Murchison, Mary Z. Natkin, Adedayo (Dayo) Abah, Richard K. Welch, C. Elizabeth Belmont, Melanie D. Wilson, Brant J. Hellwig, Barry Sullivan, Patrick Darby, John M. Perryman, Kelly L. Faglioni, Nathan Heastie, Brandon Hasbrouck

Washington and Lee Law Review

No abstract provided.

Virtual Reality Training Assists With Police De-Escalation, Brad Kneller

Center for Cybersecurity

Title: Virtual Reality Training Assists with Police De-escalationAuthor: Brad Kneller, Department of Criminal Justice, Kean UniversityAbstract:Objective/Overview: Everyday police officers encounter high-stakes situations that require split-second decisions, where outcomes can be life or death. In many cases, de-escalation techniques could replace or reduce the need for force, potentially leading to safer resolutions for both officers and civilians. To support officers in developing these skills, universities, police departments, and community agencies are exploring innovative training methods, such as the use of virtual reality (VR). VR enables officers and trainees to engage in realistic, immersive scenarios that traditional classroom or role-play settings cannot …

Bridging Theory And Practice: A Criminal Justice Course Collection, Penny Geyer

Open Educational Resources

Dr. Penny Geyer compiled a full reading list, course calendar, set of weekly discussion questions, in-class experiential exercises, a death penalty case-study module, and a final paper assignment into a single, organized course packet that can be easily accessed, revised and remixed by other instructors teaching theory-to-practice criminal justice courses.

Governing Algorithmic Insurance: Reconciling The Eu Ai Act With Insurance-Specific Regulation, Pierpaolo Marano, Shu Li

Connecticut Insurance Law Journal

Artificial intelligence (AI) is reshaping the insurance industry, driving automation in underwriting, claims handling, and risk assessment. These technological developments offer enhanced efficiency and innovation, but they also raise complex legal questions regarding transparency, fairness, bias, and accountability. Within the European Union, existing regulatory frameworks—chiefly Solvency II and the Insurance Distribution Directive (IDD)—provide prudential and conduct-of-business safeguards but were not designed with algorithmic systems in mind. In response to emerging challenges, the EU adopted the Artificial Intelligence Act in 2024, establishing a horizontal, risk-based legal framework applicable across all sectors, including insurance. This article provides an EU-focused legal analysis of …

Body Cameras Use By Federal Agents, Kevin Holst

Center for Cybersecurity

In today’s political climate and increasingly tense view of law enforcement, obtaining a true and accurate account of police–civilian encounters has become more critical than ever. The widespread use of body-worn cameras serves as an essential tool in preventing false, misleading, or selectively edited narratives by providing objective and comprehensive documentation of interactions between law enforcement agents such as ICE and the public. Over the past decade, body cameras have proven beneficial for local police agencies by protecting officers from unfounded accusations, supporting investigations, and increasing overall transparency. As public scrutiny continues to rise, federal agents now face similar challenges, …

“He Should Be Primaried, And I Will Lead The Charge Against Him”: An Autopsy On The Decline Of Grassroots Organizing And Rhetoric In A Monetized Democracy, Chiara H. Baez

Research and Creativity Symposium

Protest movements in the US have been steadily declining, unable to keep up with changing rhetoric and societal expectations regarding First Amendment free speech. Seemingly overnight, protests have lost the ability to directly input the people’s voice into policymaking. Grassroots protest movements are being priced out of the political participation that was once accessible to them by Political Action Committees (PACs), and politicians are favoring pollsters’ skewed data over the public opinion expressed in organized protest. This has created a systemic barrier, halting the voice of the American people. Grassroots protest movements have not disappeared from the American political landscape; …

Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid

Villanova Law Review (1956 - )

No abstract provided.

False Conflict: Colorblindness And Section 2 Of The Voting Rights Act, W. Kerrel Murray

Faculty Scholarship

If friends and foes of section 2 of the Voting Rights Act of 1965 agree on one thing, it is the irrepressible conflict between section 2’s attention to race and constitutional colorblindness.  They’re wrong.  Rightly understood, section 2’s design is remarkably compatible with colorblind constitutionalism’s letter and spirit.

To show how, this Article first returns to section 2’s origins and the preexisting approach its text codifies.  That approach had an underappreciated ethos:  When intentional discrimination’s effects sufficiently distort a political system, an electoral rule’s results might impugn its unconstitutionality, even if the rule had been adopted without discriminatory purpose.  Drawing …

Long Covid, Silent Suffering, And Work, Joseph A. Seiner

Washington and Lee Law Review

Though most recover from COVID quickly, countless others remain chronically ill. Five years after the start of the pandemic, Long COVID continues to harm the economy, forcing thousands from employment at a time when businesses are struggling to find workers. With over thirty million individuals in the United States having contracted Long COVID, the illness cannot be dismissed as merely malingering or psychosomatic in nature.

With no diagnostic test for identifying Long COVID, skepticism about the illness persists. Many are scared to acknowledge their affliction with the disease and fear being stigmatized. Those who suffer silently struggle to perform their …

Morocco’S Liquid Gold: The Actual And Potential Role Of International Ip Law In The Protection Of The Traditional Knowledge Of Argan Oil, Christen Smith

Student Scholarship

This paper examines the actual and potential role of international intellectual property law in the protection of the traditional knowledge associated with argan oil, a product linked to the cultural heritage of the indigenous people in Morocco and increasingly commercialized globally. The paper starts with a background on the argan forest and the cultural significance of the argan tree. Then, the traditional production method used to extract argan oil is discussed. The paper also covers the rise of women’s cooperatives and how the argan oil industry has economically transformed in recent decades. The next section identifies problems in protecting traditional …

American Public Law Revolution, Victoria Frances Nourse

Georgetown Law Faculty Publications and Other Works

The Supreme Court has birthed a public law revolution. This revolution should not be known as a constitutional revolution because it is bigger than constitutional law—it covers statutory and administrative law as well. This revolution has been powered not by social movements, but by an interpretive philosophy known as originalism. Originalism has been deeply misunderstood by its critics. This Article examines three myths about originalism—that it is primarily about history, that it is a traditional theory of adjudication, and that it is democratic. Originalism is a semantic theory, not a theory of history, and it is a theory that privileges …

Judicial Underreach: Tiktok Inc. V. Garland'S Implications For National Security And Free Speech, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

The Domestic Mirror: Tiktok V. Garland, Data Privacy, And Meaningful Free Expression, Olivia Sharp

Colorado Law Student Scholars

No abstract provided.

Beyond The Shield: The Business Judgment Rule As A Tool For Esg Initiatives, Samuel Hawkinson

Colorado Law Student Scholars

No abstract provided.

Remarks From Environmental Law And Policy Review'S Fiftieth Anniversary Celebration

William & Mary Environmental Law and Policy Review

Volume 50 is a milestone for the William & Mary Environmental Law and Policy Review. To that end, on March 20, 2026, the eve of our Symposium, ELPR staff members, alumni, and supporters gathered to celebrate ELPR’s 50th year of scholarship. Hayden Miller, Professor Jonathan Adler, and Jeffrey Regner delivered remarks at the event. Additionally, Professor Lynda Butler, ELPR’s Faculty Advisor from its conception through Volume 49, prepared remarks. This article contains excerpts from the remarks given.

The Psychology Behind Ai-Generated Phishing And Social Engineering Attacks, A’Shya Reynolds

School of Cybersecurity Master's Level Projects and Papers

Cybercrime has evolved significantly with the integration of artificial intelligence (AI), transforming traditional phishing and social engineering attacks into highly sophisticated and personalized threats. While early phishing attempts relied on generic messaging and low success rates, modern AI-driven attacks leverage advanced data analytics, natural language processing, and behavioral prediction to manipulate victims more effectively.

This research examines how cybercriminals utilize AI to enhance psychological manipulation techniques in phishing and social engineering attacks, increasing victim susceptibility. Drawing from interdisciplinary literature in cybersecurity and psychology, this study explores key psychological mechanisms, including cognitive biases, emotional triggers, and decision-making processes that influence victim …

Rhetorical Violence: The Rhetorics Of Women's Counter Political Violence, Kylie Rowland

Department of English: Dissertations, Theses, and Student Research

Protest is omnipresent, and yet not much is known about the efficacy and impacts of its different rhetorical strategies—particularly so for marginalized populations, whose available means of protest are already limited by both material realities and assumptions that govern who and what can make waves. This bind is further exacerbated by gendered and racialized civility politics that determine which bodies can be disruptive and which already are considered “violent.” To address this gap, I turn toward the under-researched rhetorical potentials of marginalized people’s—specifically women and queer folks’—use of symbolic protest “violence,” which works to strategically make evident the larger ongoing …

Dental Offices Subject To New Legal Mandates, Lance Plunkett Jd, Llm

The New York State Dental Journal

Several new workplace laws, applicable to dental practices, have been enacted, as New York continues its aggressive push in the employment law arena.