Digital Commons Network^™

The Ai Input Class: Constitutional Urgency And Fair Licensing In Ai Copyright Class Actions, Xuan-Thao Nguyen, Elizabeth G. Porter

Articles

The humanities have long been under attack; now Big Tech is eating them for breakfast. Artificial Intelligence is undermining the cultural and constitutional values of human creativity; it is also threatening the livelihoods of the creative working class. Because neither Congress nor regulators can keep pace with AI’s pace of change, class actions have stepped into the breach. In the first wave of such litigation, authors and artists in courts on both coasts claim that AI companies violate intellectual property law when they “train” their systems on copyrighted works.

This Article analyzes what we call “input” AI claims—that is, proposed …

The Taliban’S ‘Gender Apartheid’: The Reality Of Women In Afghanistan, Hannah Litty

North Carolina Journal of International Law

No abstract provided.

A History Of Security Rights In Personal Property From The Pledge To Bitcoin By Way Of Uncitral’S Universalization Of Principles, Henry Deeb Gabriel

North Carolina Journal of International Law

No abstract provided.

Butterfly Effects: Women And Criminal Law, Pavithra Rajendran

Washington International Law Journal

Through a comparative analysis of the criminal laws of Sri Lanka and the United States, this paper examines how Sri Lanka’s legal framework on sexual offenses often hinders women’s access to justice and reinforces systemic gender discrimination. Recognizing the structural constraints inherited from older common law traditions, it underscores the potential for reform through targeted, gradual changes, drawing on developments in modern common law in the United States and relevant international legal standards. The discussion unfolds in three parts: first, a feminist critique of exiting criminal laws in postcolonial; common law systems such as Sri Lanka’s; second, a comparative analysis …

Justifying The Law Of Unjust Enrichment: A Confucian Perspective, Siyi Lin

Washington International Law Journal

In a wide range of situations, the law in different jurisdictions requires that a person who has been unjustly enriched at another’s expense make restitution to the other. However, what justifies the liability for unjust enrichment? This fundamental question has perplexed unjust enrichment scholars, especially in the common law world, for decades, with various justificatory ideas being proposed while no consensus has been reached. This article explores the justification of the law of unjust enrichment within the context of China’s historical, legal, and social frameworks for the first time. A historical review reveals that the notion of unjust enrichment has …

The Deterrence Effects Of Tax Whistleblower Laws: Evidence From New York’S False Claims Acts, Yoojin Lee, Shaphan Ng, Terry Shevlin, Aruhn Venkat

Research Collection School Of Accountancy

In this study, we provide evidence on the effects of state tax whistleblower laws. We exploit a novel 2010 amendment to New York’s False Claims Acts (FCA) that explicitly extended whistleblower incentives to corporate income tax whistleblowers. We identify treated firms (firms exposed to New York’s FCA) using establishment-level data and descriptive analyses. Using a sample of firms exposed to New York and neighboring states, we find evidence that New York’s FCA reduced state tax avoidance. In cross-sectional tests, we find that effects are increasing in firms that grant fewer employee stock options and industry regulation, consistent with deterrence increasing …

Under The Eyes Of The Oppressors: Exploring The Spatial Oppression Of African Nova Scotians, Lorenze L. Cromwell

Dalhousie Law Journal

Spatialization is a theoretical understanding of how space is used to enforce and replicate hierarchical power structures. Nova Scotia has used spatialized processes, such as enslavement, segregation, and panoptical power, to subjugate, oppress, and control African Nova Scotians for over 400 years. These practices of spatialization have been established and perpetuated by the law and legal mechanisms, creating a complex spatialized system of oppression against African Nova Scotians. This article defines spatialization, explores the historical and contemporary uses of spatialization, and analyzes the actuarial and symbolic effects created by spatialization. The author concludes by proposing remedial and reparative action that …

The Imposition Of Constitutional Rights, Alvin Padilla-Babilonia

Faculty Publications

One of the central principles of constitutionalism is that citizenship stands for equal rights under the law. According to this ideal, a U.S. citizen living in Puerto Rico or Guam should have the same constitutional rights as a citizen living on the mainland. However, throughout U.S. history, constitutional rights have been neither uniform nor centralized. While constitutional rights held im- portance, they coexisted with ideals of democratic self-governance and legal pluralism. Today, Supreme Court justices and legal scholars argue that all constitutional rights should apply in the territories. This view upholds citizenship, equal rights, and the rule of law. But …

A Crust Of Bread: Religious Resistance And The Fourteenth Amendment, Kurt T. Lash, Stephanie Hall Barclay -- Professor Of Law

Vanderbilt Law Review

In Employment Division v. Smith, the U.S. Supreme Court denied heightened constitutional protection to religiously motivated exercise burdened by neutral and generally applicable laws. The history presented in this Article suggests that the Smith approach conflicts with the original understanding of the Fourteenth Amendment. Out of the crucible of religious abolitionist resistance to the Fugitive Slave Act emerged a substantive theory of constitutional religious freedom: American citizens should have the right to obey the Biblical command to care for the needy and provide the hungry a “crust of bread,” even if doing so was contrary to neutral and generally applicable …

Nourishing The Living Tree: Vincent Macdonald And His Constitutional Thought, Preston Lim

Dalhousie Law Journal

Since the enactment of the Canadian Charter of Rights and Freedoms, Canadian judges have increasingly approached the Constitution through a living constitutionalist lens, adapting the Constitution to contemporary realities and treating the text as but one interpretive modality alongside purpose and context. The Supreme Court has rooted this living constitutionalism in the Judicial Committee of the Privy Council’s judgment, Edwards v Attorney General of Canada, wherein Lord Sankey introduced the metaphor of the “living tree.” Justice Robert Sharpe and Professor Patricia McMahon have suggested that the “living tree metaphor remained a forgotten footnote until 1982.” Indeed, more formalist approaches towards …

Bribery Law: Is Anything Left?, Richard W. Painter

Cardozo Law Review

Part I of this Article discusses the traditional understanding of bribery that existed at common law at the time of the Founding and presumably is embodied in the reference to bribery in the Impeachment Clause of the Constitution. Part I additionally discusses the Emoluments Clause of the Constitution, which prohibits holders of federal office from receiving gifts, offices, and emoluments from foreign governments without consent of Congress. Part II discusses recent judicial developments weakening the traditional notion of bribery. Specifically, Section II.A discusses how the Supreme Court has narrowed the definition of bribery in the federal criminal code. Section II.B …

Regulating Decentralised Finance? A Singapore Perspective, Rachel Phang

Research Collection Yong Pung How School Of Law

The emergent phenomenon of decentralised finance (“DeFi”) can be understood as the performance of financial functions through applications that are built on distributed ledger technology and operate using cryptoassets and smart contracts, without the need for traditional centralised intermediaries. In what ways does DeFi challenge existing financial regulation, and how should regulation develop in light of the DeFi phenomenon? In addressing this question, this article provides an overview of DeFi, surveys the current regulatory landscape in Singapore, considers key regulatory issues and policy considerations associated with DeFi, and discusses some potential directions for the future development of the regulation of …

The Latin American Principles For Out-Of-Court Workouts, Aurelio Gurrea-Martinez, Adolfo Rouillon

Research Collection Yong Pung How School Of Law

Out-of-court workouts can save significant costs associated with the initiation of a formal insolvency proceeding. Therefore, they can help minimise the loss of value experienced by an insolvent firm, ultimately contributing to the maximisation of the returns to creditors and the reorganisation of viable but financially distressed businesses. Additionally, an out-of-court agreement can provide a level of flexibility and confidentiality that is usually lacking in formal insolvency proceedings. Thus, an out-of-court workout can serve as a valuable mechanism to deal with a situation of financial distress, especially in the context of countries with inefficient insolvency systems and companies with concentrated …

Customs, Courts, And Conflict: Strengthening The Legal System In South Sudan, Anusha Sheila Aubeelack

Theses, Dissertations and Culminating Projects

This thesis examines the dual legal system in South Sudan and how it can be strengthened as the country transitions to a democracy. It gives a brief historical account of the evolution of the South Sudanese legal system and the current challenges posed by overlapping normative frameworks. It argues that while customary law remains deeply embedded in South Sudanese society, its co-existence with statutory law has created jurisdictional ambiguities, inconsistencies in the delivery of justice and public mistrust in state institutions. Reforms such as the drafting of the Permanent Constitution of South Sudan to harmonize both legal traditions, the formal …

Recognizing Injustice, Reclaiming Voices: Establishing A Missing Persons Database For Missing And Murdered Indigenous Women And Children In Nebraska, Bayly W. Watson

Department of Anthropology: Theses and Student Research

Indigenous people have been the victims of harsh persecution since the time of colonization; this has negatively impacted Native communities and has contributed significantly to the ongoing crisis of Missing and Murdered Indigenous Women and Children (MMIWC) across the United States and Canada. Under Legislative Bill 154, Richards et al. (2021) conducted an initial study to identify missing Native cases in Nebraska and in 2023, the Attorney General appointed a Missing and Murdered Indigenous People (MMIP) Liaison to help combat the number of missing Indigenous in the state. This thesis contributes to previous research by analyzing 20,049 reports from three …

Eviction Sealing: A Lifeline In The Fight For Housing Justice, Allison Freedman

Faculty Scholarship

In January 2023, the White House released a Blueprint for a Renters Bill of Rights. The Blueprint called for immediate sealing of eviction case filings to reduce the likelihood that tenants would be locked out of future housing opportunities without the chance to defend themselves. Shortly thereafter, the Federal Trade Commission and the Consumer Financial Protection Bureau issued a request for public comment on how the use of eviction records and screening algorithms may affect tenant housing opportunities and drive discriminatory outcomes. The eviction crisis, its discriminatory effects, and the idea that sealing eviction records may provide a solution to …

Exploring Contributions Of Partnerships Between Employers And Disability Organizations On Recruitment, Hiring, Training, Retention, And Accommodation Of Individuals With Disabilities In Mississippi, Peter Oluwadare Kalejaiye

Dissertations

The Americans with Disabilities Act (ADA) of 1990 provides equal employment opportunities for individuals with disabilities (IWDs) by prohibiting discrimination in employment. However, one out of four IWDs face discrimination in employment in the United States (U.S. Bureau of Labor Statistics, 2023). Additionally, despite establishing the Office of Disability Employment Policy and enacting the Workforce Innovation and Opportunity Act to help integrate IWDs into the workforce, IWDs face barriers to equal and equitable employment (NASEM, 2017). Previous studies recommend partnerships between employers and disability organizations (DOs) to provide employment opportunities and benefits for IWDs through recruitment, hiring, training, retention, and …

Evaluating Accuracy In Legal Research: A Comparative Analysis Of Traditional And Artificial Intelligence-Driven Methods, Lily Collins

Honors Theses

Legal professionals are challenged with performing accurate legal research to meet professional standards. The use of artificial intelligence (AI) presents a potential for enhanced efficiency. However, knowledge and process gaps exist, questioning the accuracy of results generated by AI. The uncertainty of accurate results poses a risk for poor outcomes for all stakeholders. This thesis aimed to quantitatively measure the accuracy of AI legal research in comparison to traditional legal research. Accuracy and relevance were measured by analyzing case precedent results using three legal research platforms, Westlaw, Nexis Uni, and Chat GPT. The three platforms represented traditional and AI-driven research, …

Beyond Human Oversight: Corporate Law And The Case For Ai Directors, Imahn Milani Daeenabi

UC Law Journal

Corporate laws in the United States require corporations to be governed by a board of directors consisting of humans—otherwise known as the natural person requirement. Mandating governance by individual persons stands in contrast to typical American business ideals and the freedom of contract. There are various reasons for corporate law’s imposition of the natural person requirement—many of them historical. But the justification for the natural person requirement has not been sufficiently critiqued, particularly in the context of AI. This Note argues this corporate law requirement should be amended to give corporations the option to permit AI directors in addition to …

Exploring Education Policy And Resources In Virginia Secondary Education, Gabrielle Lyon

Departmental Honors & Graduate Capstone Projects

The study examines the intersection of federal special education policy within Virginia's secondary schools, specifically focusing on teachers’ compliance with the Individuals with Disabilities Education Act (IDEA). The study explores educators' awareness and usage of the Virginia Department of Education's hearing decisions index, which documents IDEA violations and due process decisions. Through analyzing federal education legislation, state implementation practices, and teacher perspectives, this study reveals critical gaps in educator preparation and resource awareness regarding special education policy compliance. The findings suggest that while the IDEA violations are being tracked and documented, there remains a significant disconnect between available resources and …

The Revolving Door Of Industry Standards, Zachary Kester, Spencer Rehn

St. Mary's Law Journal

No abstract provided.

Human Rights For The Twenty-First Century, Marcus Moore

All Faculty Publications

In this article, I explore the way that traditionally dominant conceptions of human rights have been rendered inadequate in the 21st century through the example of contemporary threats to the freedom of thought arising from the Information Revolution. The sequence of the article is: an initial section provides background on freedom of thought as one of the most fundamental but overlooked of human rights, and reflects on the myriad ways in which it is imperiled by processes enabled or amplified by the current Age of Information. I then draw on this example to demonstrate why it is vital to move …

Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu

BYU Law Review

Most literature at the intersection of copyright and artificial intelligence (AI) has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country’s economic and technological future. This Article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentivebased. The Article then discusses a third line of arguments— harmonization-based arguments—and …

Innocence And Habeas Corpus: A Call For Equitable Reforms, Paige Skousen Nelson

BYU Law Review

Congress intended the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA) to codify the Burger and Rehnquist Courts’ habeas corpus jurisprudence, which aimed to establish finality and innocence as gatekeepers to the “Great Writ.” But in practice, AEDPA hinders innocence claims, particularly claims of legal innocence.

This Note agrees that innocence should be one of the most important considerations in granting writs but argues that it is not as valued as Congress intended. This Note proposes two congressional reforms to reinstate innocence to its paramount role without compromising finality: first, amending the federal habeas petition rule to allow petitioners …

Newport Manual On The Law Of Naval Warfare, Second Edition, Newport Manual Expert Group

International Law Studies

The Newport Manual on the Law of Naval Warfare, Second Edition, is a continuing effort to restate the law of naval warfare as a purely lex lata exercise. Like the first edition of 2023, it is designed to provide a practical guide for commanders and seafarers, lawyers and officials, and educators and students. In doing so, the Manual includes developments in warfighting technologies in recent decades, which have significantly influenced the nature of war at sea. This second edition has been edited by four of the original authors following an extensive review and revision process.

Enforcement In Human Rights Due Diligence Laws: A Comparative Analysis, Ryan Schmidt

Pepperdine Law Review

This Comment embarks on a comparative analysis of a variety human rights due diligence (HRDD) laws. It examines six different laws related to human trafficking and supply chains. These laws originate from five different countries and fit into two categories: (1) laws requiring a company to report what, if any, human rights due diligence it engages in and (2) laws that require more than just reporting. By surveying a wide sample of HRDD laws, this Comment provides a broad overview of this area of the law. It also describes the range of legal obligations that multinational enterprises face in different …

Brief Of Civil Procedure Professors Suzette Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, And Doug Rendleman As Amici Curiae In Support Of Respondents: Trump V. Casa, Trump V. Washington & Trump V. New Jersey, Suzette M. Malveaux, Alan Trammell, Alexi Pfeffer-Gillett, Doug Rendleman

Scholarly Articles

Nationwide injunctions are constitutional. Their core feature—courts’ power to render decisions that directly benefit nonparties—is consistent with traditional equitable practices. Accordingly, the Article III “judicial power” comprehends such remedies. Nationwide injunctions also comport with Article III’s case-or-controversy requirement, including constitutional standing.

Broad remedies are sometimes necessary, especially when government actors willfully disregard people’s rights, and the usual tools of aggregate litigation (such as class actions) are not practically available to vindicate those rights. Moreover, courts can readily navigate prudential concerns about nationwide injunctions, from fears of judge shopping to prematurely freezing the law. Courts remain attuned to these concerns, and …

Like Oil And Water: How The Guyana-Venezuela Border Dispute Impacts Foreign Oil Investors, Aisha Jehaludi

University of Miami Business Law Review

Guyana, a hidden gem located on the northern coast of South America, is an emergent nation primarily known as the land of many waters. However, in 2015, this hidden gem captured international attention when the country struck liquid gold: oil. The discovery put Guyana on the map as an attractive foreign investment opportunity, and over the last ten years, Guyana has gone from being one of the poorest nations in South America to the nation with the world’s fastest growing economy.

This economic boom, fueled by foreign oil companies, also caught the attention of Guyana’s neighboring country, Venezuela. On December …

Language And The Law: The Nature Of Law And Statutory Interpretation, Caleb W. Noble

Senior Honors Theses

The purpose of this thesis is twofold. First, it will demonstrate that law is both letter and spirit and that the letter and spirit should be balanced in interpretation. This thesis also seeks to define the spirit and letter of the law and their various components. The spirit is the metaphysical essence that embodies law and is made of intent, purpose, principle, and natural law. The letter is the substance of law and is made of promulgated commands, text, and language. Therefore, as law is both letter and spirit, these two must be balanced in interpretation. The nature of interpretation …

Human Rights Concern In International Investment Law: A Study Of Indian International Investment Agreements, Varun Chhachhar, Monika Negi, Prashant Singh, Niharika Kumar

Indonesian Journal of International Law

The interaction of human rights and investment protection obligations in international investment law is on the rise. Human rights have been cited in claims and defenses of the parties and in the reasoning of the tribunals. Since majority of international investment agreements lack clarity and do not express the use of the term ‘human rights’, experts question the legitimacy of such usage. Given the alleged backlash and ongoing reforms in international investment law, the lack of human rights concern in international investment law needs proper investigation. This paper investigates the issue in the Indian context. After the adoption of its …