Digital Commons Network^™

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Amazigh Identity: From Discrimination To Reconciliation—A Struggle For Recognition, Khalid Ouassou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper analyzes the conditions that fostered the emergence of a renewed identity perspective grounded in Amazigh linguistic and cultural rights. It traces the trajectory from denial to recognition after decades of advocacy, across institutional, political, public‑policy, and legal arenas. The article also argues that further guarantees and implementation measures remain necessary to secure the effective enjoyment of Morocco’s linguistic and cultural pluralism and to consolidate a durable process of reconciliation and recognition.

Linguistic Inequalities And Social Mobility In Morocco, Ismahane El Kallal

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Morocco’s plurilingual context assigns unequal status and functions to languages and varieties, turning linguistic resources into potential instruments of domination and discrimination. This article examines how linguistic inequalities affect social mobility by shaping access to educational credentials, socially valued occupations, and opportunities for social advancement. Drawing on an empirical study, it shows how unequal linguistic capital influences communication, self‑confidence, and social positioning, and how these inequalities are reproduced through institutions and everyday interactions.

What Does "Registers" Mean? The Wrong Interpretation Could Allow Cybersquatters To Escape Liability, Kiley Carey

Akron Law Review

No abstract provided.

Legendary Houses: Trademarks, Transformation, And Ballroom Culture, Elizabeth L. Rosenblatt

Akron Law Review

No abstract provided.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Assessing Patent Pledges: A Case Study In The Vaccine And Biopharma Space, Ana Santos Rutschman

Akron Law Review

No abstract provided.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Akron Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

The Legal Evidentiary Value Of Blockchain (Distributed Ledger Technology) In Proof, Omar Anjoum

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the probative value of blockchain (distributed ledger technology) in legal proof. It highlights the technology’s core features—decentralization, immutability, cryptography, and time-stamping—and assesses how they fit within rules of evidence, particularly the requirements of electronic writing and electronic signature. The study also discusses the extent of legislative recognition in Morocco and comparative systems, with a focus on identity attribution and the link between a digital record and its author. It concludes that blockchain records may carry increasing persuasive force, while full evidentiary equivalence requires clearer regulatory frameworks and trusted digital services to ensure integrity and reliability.

Workplace Video Surveillance: A Comparative Law Perspective, Imane Hilani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Workplace video surveillance has become widespread, raising major issues at the intersection of the employer’s power of control and employees’ fundamental rights. This article examines the legal framework governing the use of CCTV at work, with particular attention to personal privacy and the protection of personal data. It discusses the conditions of lawful monitoring (information, proportionality, purpose limitation, security and retention), as well as employees’ rights and the evidentiary value of recordings, through a Moroccan and comparative perspective supported by legislation and case law.

When Ownership Meets Licensing–New Normative Expectations And The Need For Nft Categorization: All Your Projects “Are” Belong To Us, Charles Belle

UC Law Science and Technology Journal

The current treatment of all NFTs in legal scholarship as identical digital assets fundamentally misunderstands their varied applications and the new normative expectations they create. The Moonbirds controversy of 2022, where a creator’s unilateral license change affected nearly 20,000 token holders, exemplifies the crisis: token holders believed they owned digital assets that could be controlled and commercialized, but existing copyright frameworks treat NFTs merely as licenses subject to creator discretion. Picture for Profile (PFP) Projects—community-based NFT collections involving thousands of tokens often with governance and commercial rights—combine concepts of possession, community governance, and commercialization in ways that challenge traditional intellectual …

Teaching Cross-Cultural Communication In Law School: Lessons From Medicine, Social Work, And Business, Mireille Butler, Jaclyn Celebrezze

St. Mary's Journal on Legal Malpractice & Ethics

Legal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law …

Bigger Isn’T Always Better: The Texas-Size Problem Of Overbreadth In Criminal Discovery, Allison Siegwald

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Ethics And Originalism, Michael L. Smith

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses a blind spot in the theorizing and debate over originalist interpretation: the implications of rules of legal ethics. For the few originalist theorists who take the practical side of originalism seriously, attorneys’ rules of professional conduct are almost entirely absent from the discussion. These rules bind all attorneys who, in turn, construct the record, present the evidence, and make the arguments upon which judges and Justices rely. And these rules have profound, though mixed, implications for originalist theory. Some ethical duties—such as those requiring attorney competence and candor to the tribunal—might enhance the quality of originalist analysis …

Masthead

UC Law Science and Technology Journal

No abstract provided.

Artificial Investments: Consumer Protection For Ai-Generated Quantitative Trading Algorithms, Eric Heyland

St. Mary's Law Journal

No abstract provided.

In-Space Servicing And The Coming Legal Issues For Inciting Innovation, Grayson Russell

St. Mary's Law Journal

No abstract provided.

Beware The Lion’S Den: A School Lawyer’S Guide To Avoiding Pitfalls In The Texas Open Meetings Act, Kyle Stone

St. Mary's Law Journal

No abstract provided.

The Taiwanese Way To Ai Governance: Draft Basic Law On Artificial Intelligence And Future Regulatory Strategies

Washington International Law Journal

Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the Draft Basic Law on Artificial Intelligence (the “Draft AI Law”). Situating Taiwan’s approach within the broader global regulatory landscape, the Article compares the Draft AI Law with key international models, including the European Union’s AI Act and the United States’ NIST AI Risk Management Framework, while also drawing on regulatory developments in Japan and South Korea. Rather than providing a clause-by-clause analysis, …

Volume 35, Issue 1: Contents

Washington International Law Journal

No abstract provided.

Hybrid Warfare: A Collection Of Scenarios, Adrian Borbély

DRI Press

Hybrid Warfare is nothing new but it has increasingly made the news - even if most of it remains beyond our awareness. Hybrid Warfare gathers all methods through which countries wage war against each other beyond traditional military, diplomatic and economic battlefields (cyber attacks, disinformation, transnational organized crime, appropriation of natural resources, lawfare, corruption, etc.). Such below-the-surface foreign aggressions are not limited to localized regions where armed forces shoot at each other trying to take each other’s positions. In hybrid warfare, society as a whole is the battlefield. In other words, hybrid warfare is not the concern of a few, …

Ndls Communicator: Week Of 01.05.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School Welcomes Global Visitors for Spring 2026

Faculty Briefs

• Mary Ellen O'Connell
• Jimmy Gurulé
• Jeff Pojanowski

Events

• Retirement Party for Debbie Weiss

Around the Watercooler

• Christopher O'Byrne, Research Librarian resigns

Staff Spot Awards

• Nominations open now through March 10, 2026

Nova Law Review Full Issue Volume 50, Issue 1

Nova Law Review

No abstract provided.

Botox And Blurred Lines: Why Florida's Med Spa Boom Needs A California Reality Check, Madeline Broderick

Nova Law Review

No abstract provided.

Library E-Book Licensing And State Law Reform, Kincaid Brown

Law Librarian Scholarship

Libraries don’t “buy” most e-books the way they buy print books; they license them. That reality is at the crossroads of budgetary constraints and patron satisfaction in modern libraries. With print, a library typically pays once, owns the copy, and lends it until it wears out. With e-books, publishers and intermediaries, like platforms such as OverDrive, commonly offer time-limited or loan-limit-ed terms (for example, a license that expires after a set number of checkouts or after a set period), can impose embargoes, and can set prices far above consumer retail. Libraries argue these terms frustrate their public mission and make …

Restoring The Organization For The Security And Cooperation In Europe’S Role In Human Rights And Security After Russian Invasion, Roman Nekoliak

Human Rights Brief

This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that revitalizing the Organization for the Security and Co-operation in Europe (OSCE) around a rights-centered, cross-dimensional concept of security is essential to restoring both regional stability and the credibility of international human rights commitments. It places the war in Ukraine within broader patterns of democratic backsliding, institutional paralysis, and the rise of authoritarian governance, demonstrating how domestic repression and interstate aggression mutually reinforce one …

Murray-Hall V. Québec (Attorney General):Reconciling The Criminal Law Power With Cooperative Federalism, Yashoda Ranganathan, Hera Evans

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Murray-Hall v. Québec (Attorney General) provides needed certainty and coherence regarding the scope of the criminal law power. Murray-Hall reconciles the criminal law power with the principle of cooperative federalism which favours giving effect to legislation of the provinces and federal government enacted within their respective (potentially overlapping) areas of legislative competence. An expansive interpretation of the criminal law power could upset the balance between federal and provincial powers articulated in section 91 and section 92 of the Constitution Act, 1867. Murray-Hall articulates three principles that limit the scope of the criminal law power, helping to reconcile the criminal law …

Prescribing Plenary Powers:The Evolution And Intersection Of Criminal Andhealth Jurisdiction In Canadian Federalism, Benjamin Perryman

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

Using the Supreme Court of Canada’s recent decision in Murray-Hall v. Québec (Attorney General) as a focal point, this paper tracks the evolution and intersection of the federal criminal law power and the provincial health law power in Canadian federalism cases. Part II of the paper examines existing methods used to prescribe plenary powers, including interpretative narrowing (formalism), expansion of concurrent federalism (double aspect), and purpose review (colourability). The paper shows that the Supreme Court of Canada has applied these prescriptions to the federal criminal law power but rarely to the provincial health law power. Part III looks around the …

The Legality Of Incorporating Provincial Law Into A Criminal Offence, Colton Fehr

The Supreme Court Law Review, Third Series: Osgoode's Annual Constitutional Cases Conference

The drafters of the 1867 Constitution Act were unmoved by the argument that the substantive criminal law ought to be crafted by each individual province as a means to preserve regional values. They instead assigned the criminal law power to the federal government to better promote legal stability and clarity when the state attempts to deprive a citizen of their liberty. A recently rejuvenated practice of incorporating provincial offences within the definition of criminal offences unfortunately ignores the rationale underlying this division of authority. Identifying this inconsistency would have proven useful in Murray-Hall v. Québec (Attorney General) as a more …