Digital Commons Network^™

Protecting Public Employees' Free Speech: It's Time For The Sixth Circuit To Take Action, Faith O. Turner

Kentucky Law Journal

No abstract provided.

The End Of An Aberration: Overturning Major League Baseball's Century-Old Antitrust Exemption, Jacob Baird

Kentucky Law Journal

No abstract provided.

Fighting Death: A Critique Of Kentucky's Death Penalty System, Pamela R. Goodwine

Kentucky Law Journal

No abstract provided.

Ductile Rights, W. C. Bunting

Kentucky Law Journal

No abstract provided.

For One Or For All: Who Gets The Benefits Of The First Step Act?, Andrew Edwards

Kentucky Law Journal

No abstract provided.

The Major Question Left For The Roberts Court, Will Chevron Survive?, Caleb B. Childers

Kentucky Law Journal

No abstract provided.

Against Algorithmic Auer Deference, Chad Squitieri

Kentucky Law Journal

No abstract provided.

How Standards Of Review Under Erisa Impair Mental Health Parity: An Analysis Of Wit V. United Behavioral Health, Hayden K. Hickey

Kentucky Law Journal

No abstract provided.

The Paradox Of Barring Early-Release Defendants From Section 1983 Relief, Emily M. Puckett

Kentucky Law Journal

No abstract provided.

Scotus's Summer Of 2022: Obfuscation Of And Disdain For Rationality And The Traditional Personal Liberties Framework, Roy G. Spece Jr.

Kentucky Law Journal

No abstract provided.

The Law Fox Manifesto, Benjamin H. Barton

Kentucky Law Journal

No abstract provided.

The Right To Record Police Must Be Clearly Established, Cole S. Manion

Kentucky Law Journal

No abstract provided.

Trump V. Slaughter: Brief Of Independent Agency Board Members And Scholars As Amici Curiae In Support Of Respondent, Samuel Bagenstos

Appellate Briefs

Amici are removed board members from independent federal agencies and scholars whose work includes the study of independent agencies and the separation of powers between the President and Congress. Amici advance the view that there are federal agencies whose responsibility for protecting the safety and stability of the national infrastructure or ensuring the structural integrity of government necessitates their independence. Significant negative consequences would likely follow if these agencies were to lose their independence and their work were to become politicized.

Mapping Intellectual Property Abuses In The Pharmaceutical Field, S. Sean Tu, Ana Santos Rutschman

Faculty Publications

This Viewpoint details intellectual property abuses in the pharmaceutical industry involving patents, trademarks, copyrights, and trade secrets.

Holguin V. City Of Henderson, 141 Nev. Adv. Op. 53 (November 13, 2025), Francesca Manz

Nevada Supreme Court Summaries

Nevada Supreme Court holds that NRS 617.455 requires claimants to satisfy both the statutory exposure requirement and the conclusive presumption of work-relatedness to establish a compensable lung-disease claim.

Cryptocurrencies And Financial Crimes: The Role Of Decentralized Cryptocurrency In Facilitating Money Laundering And The Challenges Posed On Anti–Money Laundering Regulations, Jeffry A. Collins

University of Miami Business Law Review

This research examines the role of decentralized cryptocurrencies in facilitating money laundering and the challenges they pose to Anti–Money Laundering (AML) regulations through literature review and regulatory analysis. The study reveals that the decentralized, anonymous, and borderless nature of cryptocurrency enables illicit activities via cryptocurrency ATMs, mixing services, and decentralized exchanges (DEXs). For over a decade, the same regulatory problems persist today as were present at the inception of cryptocurrencies. Current AML frameworks, such as the Bank Secrecy Act and the Money Laundering Control Act, are inadequate for this decentralized ecosystem. The analysis critiques the fragmented efforts of U.S. regulatory …

Presidents, Opinions, And Independent Officers, Jed Handelsman Shugerman

Faculty Scholarship

The Opinions in Writing Clause is a persistent textual problem for the claim that Article II implies an indefeasible removal power: If the Framers believed they had given the president an unconditional removal power, why would they also specify a lesser power merely to ask for opinions? New historical research confirms this textual problem was also contextual: early state constitutions, the Ratification debates, and the First Congress indicate that the Opinions Clause’s original public meaning signaled independence of department heads, or at least the possibility of congressional requirements like good cause.

Legal scholars have already shown that the texts of …

Assessing The Role Of Ai In Determining The Necessity And Proportionality Of The Exercise Of Self-Defense Against An Armed Attack, Marco Roscini

International Law Studies

This article explores whether artificial intelligence (AI) constitutes an asset or rather a challenge in assessing the necessity and proportionality of a State’s response to an armed attack in the context of self-defense. Two central arguments are advanced. First, while AI may assist in detecting incoming threats of armed attacks, abstract and highly context-driven notions like necessity and proportionality would be very difficult to encode into algorithms. Second, even assuming that this were possible, relying on AI to determine the necessity and proportionality of a self-defense response would present as many challenges as it does advantages and, therefore, should be …

Artificial Intelligence And The Prohibition On The Use Of Force: Intention And Causation, Russell Buchan

International Law Studies

This article explores the application of Article 2(4) of the United Nations Charter to AI-enabled systems that carry out unintended engagements involving the use of force. First, it analyzes whether State responsibility for a breach of the prohibition on the use of force is defined in subjective or objective terms. Most commentators maintain that a State must intend to use force against the victim State in order for the prohibition to apply. However, through an examination of State practice, this article demonstrates that the prohibition is based on objective responsibility. Second, this article assesses whether a State must cause the …

Artificial Intelligence And The “Armed Attack” Threshold In International Law, Katie A. Johnston

International Law Studies

This article argues that the deployment of artificial intelligence, even in its strong fully autonomous form, does not have significant consequences for the application of the jus ad bellum framework, and in particular the armed attack threshold. As with all new weapons technologies, the deployment of artificial intelligence in the resort to force requires consideration of what “imminence” means in this context. However, artificial intelligence is fundamentally a means of making decisions to resort to force or contributing to the reasons for which such decisions are made by humans. Unlike the jus in bello, the jus ad bellum is …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

How Ftc Data Security Cases Inform The Development Of Legally Accountable Software, Jeff Kosseff, Ellis Fenske, Christopher Brown, Daniel S. Roche

Fordham Intellectual Property, Media and Entertainment Law Journal

Over the past two decades, the Federal Trade Commission has brought dozens of enforcement actions against companies for failing to adequately secure customers’ personal information. The actions typically result in a consent decree, in which the company agrees to improve its data security practices and provide the FTC with oversight of those improvements. When the FTC first brought data security cases, its orders generally required the companies to adopt “reasonable” data security programs. But a 2018 Eleventh Circuit opinion, LabMD v. FTC, requires the orders to contain far more specific data security requirements. In this Article, we conduct an in-depth …

Where Did All The Genericide Cases Go? And Should They Be Gone For Good?, Daniela Camacho

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademarks are all around us. It would be difficult to go an entire day without encountering a trademark—In fact, three-fourths of the words we use in our day-to-day conversations have been claimed as trademarks by various companies for various products. Often, we don’t even recognize all the marks we come across as trademarks. Words such as “aspirin,” “escalator,” and “trampoline” were all once trademarks. Over time, these words began to signify the product more than the producer; Because the marks could no longer identify the product’s source as trademarks are supposed to, the marks suffered “genericide” and were cancelled.

In …

Data Property & Digital Sales, Christina Mulligan

Loyola of Los Angeles Law Review

Copyright law fails utterly to develop a coherent concept of "digital sales." Printed books and vinyl records are easily sold and resold, with the copyright holder’s permission or under the first sale doctrine. But a creator of digital copyrighted works who wants to analogously “sell” their work to buyers faces what borders on an absurdity; “digital sales” of copyrighted works are incoherent at worst and useless at best. As a result, sophisticated copyright owners almost never sell their works and only license purchasers to make particular uses of digital works, such as “personal uses” or reproducing the work on a …

Predicting An Uncertain Future: Conservation Easements And The Difficulties Created By Speculative Valuations, Travis L. Strickler

Kentucky Law Journal

No abstract provided.

The Cost Of Our Constitutional Rights: An Examination Of Prison Medical Treatment For Hepatitis-C, M. Abigail Schueler

Kentucky Law Journal

No abstract provided.

The Interpretive Foundations Of Arbitrary Or Capricious Review, Alexander Mechanick

Kentucky Law Journal

No abstract provided.

Crony Stakeholder Capitalism, Stefan J. Padfield

Kentucky Law Journal

No abstract provided.

Age Is More Than Just A Number: A Legal And Ethical Defense Of Age-Based Triage Protocols, Jessica Mantel

Kentucky Law Journal

No abstract provided.

Equality Can Stick With Bostock: A Call To Expand The Equal Protection Clause To Include Discrimination Against Transgender People's Bathroom Usage, Jackson B. Hurst-Sanders

Kentucky Law Journal

No abstract provided.