Digital Commons Network^™

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review Online

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Texas Means Business: Constitutional Challenges To New Business And Appellate Courts, Daniel H. Ramirez

St. Mary's Law Journal

No abstract provided.

State Of Utah, Plaintiff/ Appellee V. Celestine Anastacia Torstenson, Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

appeal from the Second Judicial District Court, Weber County, Honorable Judge Bean, District Court No. 221902529

William M. Hains, Derek Brown, Counsel for Appellee

Freyja Johnson, Hannah Leavitt-Howell, Anna Grigsby, Counsel for Appellant

Fetal Personhood And Access To Reproductive Rights: Power And Precarity In Post-Roe America, Jainab Banu

Journal of International Women's Studies

This paper delves into the concept of “fetal personhood” and dissects how lawmakers systematically deploy rhetorical agency in policy to draw demarcating lines between demographic groups in post-Roe America. After abortion was legalized in 1973, the number of women opting for abortion rose significantly. Even after legalization, however, underrepresented and marginalized women struggled to access safe and high-quality healthcare, and many of them risked self-induced abortions. Since Roe v. Wade was overturned in 2022, women with financial affluence can still travel to states where abortion is not banned to access their reproductive rights; however, women with low income may not …

Borders Beyond Borders: Offshore Asylum Processing Across The Globe, Marcelina Kropiwnicka

Cardozo International & Comparative Law Review (CICLR) Blog

Every country in the world, from the largest to the smallest, has an immigration policy. While much attention has been given to the United States, particularly as Trump continues to implement restrictive immigration measures in his second administration through executive orders and policy changes, the U.S. is far from the only country with tight borders. Others around the world are outsourcing their asylum systems, thus limiting asylum opportunities and creating legal frameworks that prioritize deterrence over protection. These systems, while justified by claims of national security and resource management, raise serious ethical and legal concerns about the commodification of human …

A Critical Appraisal Of Poverty In The Context Of Nature-Based Communities: Selected Cases From The Philippines, Carla Edith Gonzales Jimena

Dissertations and Theses

The Philippines is considered one of the wealthiest countries in both Southeast Asia and the world when measured by biodiversity, mineral resources and natural resources. It is also one of the most highly mineralized countries on earth. However, despite these natural endowments, when measured by established economic and human development indices the Philippines remains poor. Using critical perspectives derived from Marxist tradition, William Chambliss' theory of law and its dialectical nature, Immanuel Wallerstein's World Systems Theory, and Fred Block's structural mechanism of the state, this study aimed to critically appraise the persistence of poverty in nature-based communities in the Philippines. …

Locational Data And The Public Interest, William A. Herbert, Micahel Goodchild, Richard Appelbaum, Jeremy Crampton, Gary Langham, Krzysztof Janowicz, Mei-Po Kwan, Katina Michael, Lisa Schamess

Publications and Research

This article presents a paper developed by the AAG Organizing Committee on Locational Information and the Public Interest through a summit held in Santa Barbara, California in June 2022. The summit resulted in goals and ideas for addressing the issues that arise from the present environment for geodata, whereby public, private, and third-sector entities can tap into publicly available locational information with relatively little regulation on its access or use. The Committee articulates four goals: (1) develop a research agenda extending across disciplines, (2) outline educational resources and strategies to guide ethical practice, (3) devise a pathway to increase public …

Changemaker: Justin Pruett : Juris Doctorate : More Than Words: Insurance Lawyer Justin Pruett L'11 Takes A Different Route Into The Courtroom 2-10-2025, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The International Law Commission's Seventy-Fifth (2024) Session: Immunity Of State Officials From Foreign Criminal Jurisdiction And Other Topics, Charles C. Jalloh

Articles

The International Law Commission (Commission or ILC) held its seventy-fifth session at its seat in Geneva from April 15 to May 31 and from July 1 to August 2, 2024. The Commission was chaired by Mr. Marcelo Vázquez-Bermúdez (Ecuador), and for the first time since its establishment in 1945, elected a majority of three females out of the five officers elected to its bureau annually. The Commission celebrated its seventy-fifth anniversary and progressed its work on the topics in the program of work despite the shortening of the twelve-week General Assembly approved session to ten weeks due to the liquidity …

Kickbacks In The Healthcare Space: Resolving The Causation Split, Joseph M. Hill

Catholic University Law Review

A three circuit split has left federal courts around the country struggling to find and apply the correct causation standard when faced with a False Claims Act suit which has been brought by way of the Anti-Kickback Statute. Uncertainty was created after one court found a lesser standard of causation was acceptable between the kickback and the false claim, while other courts found “but for” causation was required for these cases to survive. This comment analyzes the decisions of the relevant courts, as well as the common law origins of the False Claims Act, canons of construction, as well as …

Don't Dance Around It: Ending The Texas Two-Step Hoedown Through The Old Sheriff In Town - The Law Of Fraudulent Transfers, Howard Silverman

Journal of Business & Technology Law

No abstract provided.

Inclusive Space For Everyone Door Sign (Printable 8.5 X 11 Inch), Joan H. Robinson

Open Educational Resources

This is a printable 8.5 x 11 inch door sign for faculty, staff, and administrators to let people know it is an inclusive space for everyone. For improved visibility, print with a color printer and cut along the dotted line.

See also: 11 x 17 inch door sign.

Options For Sustainable High Seas Fisheries Management In The Southwest Atlantic, Cornell Overfield, Jessica Yllemo

International Law Studies

The Southwest Atlantic lacks a regional fishery management organization, leaving one of the world’s largest squid fisheries at risk of overfishing during high seas migrations. This article reviews measures available to coastal States as they seek to protect regional ecosystems and their economic interests. The ideal policy response is to conclude a regional fisheries management organization covering squid and other key regional stocks. This body should follow best practices and include the relevant coastal and fishing States. Other options that provide some value for managing regional fishing and its environmental consequences include reviving and expanding catch information sharing, ratifying and …

The Power Of Procedure: Uncovering The Gap In U.S. Privacy Rights, Bernard Chao, Mandi Abbott

Pepperdine Law Review

As Congress faces increasing pressure to adopt comprehensive privacy legislation, this Article seeks to contribute to the ongoing discussions by exploring critical procedural deficiencies in U.S. privacy laws and their implications for domestic privacy rights and international data flows. This Article makes several key contributions to the field. First, it uses a comparative law perspective to highlight the lack of robust procedural rights and remedies in U.S. privacy law. Second, while many have questioned whether the Court of Jus tice for the European Union will strike down the latest U.S.-EU Data Privacy Framework (the primary mechanism for allowing the transatlantic …

Diaz V. United States 144 S.Ct. 1727 (2024), Madison Walsh

Ohio Northern University Law Review

No abstract provided.

Shadows Of Prejudice: The History Of The Right To Counsel And The Strickland's Pursuit Of Justice3 Amidst Forgotten Witnesses And Disregarded Evidence, Reem Haikal J.D., Ll.M

Ohio Northern University Law Review

In the United States’ criminal justice system, persistent problems with ineffective legal representation reveal significant systemic issues and injustices, underscoring the urgent need for meaningful reform. This paper argues that the United States’ criminal justice system faces deep-rooted problems due to ineffective legal representation, as evidenced by the evolution of the right to counsel, the challenges posed by the Strickland standard, and contemporary criticisms of legal defense practices. Through an analysis of historical developments, landmark legal decisions, and case studies, it becomes evident that meaningful reform is essential to address systemic injustices and ensure the constitutional guarantee of effective assistance …

Medicaid Unwinding: Due Process Violations And Impacts In Florida, Emma Page

University of Miami Race & Social Justice Law Review

No abstract provided.

Reparations For Project One Hundred Thousand, Eleanor T. Morales

Duke Law Journal

During the Vietnam War, the U.S. Department of Defense (“DOD”) created a new program that targeted marginalized communities, resulting in thousands of deaths and adversely impacting the lives of more than one hundred thousand others. This Article—which draws on original archival research from obscure DOD files—uncovers the origins and effects of the program called “Project One Hundred Thousand.” This research reveals that the program drafted members of impoverished communities to serve in the place of more privileged men, who received draft exemptions. The program enabled the U.S. government to continue the war at scale without incurring an unacceptable loss of …

What The Hell Is The Major Questions Doctrine?, Jack M. Beermann

Faculty Scholarship

Anita S. Krishnakumar, What the New Major Questions Doctrine Is Not, 92 Geo. Wash. L. Rev. 1117 (2024).

When the sun sets in New York City, it rises in Tokyo. Okay, maybe not exactly, but you get the idea: setting somewhere, rising somewhere else. Now substitute Chevron for N.Y.C. and the Major Questions Doctrine for Tokyo. For the past forty years, administrative law scholars have been arguing over Chevron, and now that the sun has set on that doctrine, it’s time to turn our attention to the new rising sun, the Major Questions Doctrine (“MQD”). The sudden emergence …

Designing Contract Modification, Albert H. Choi, George Triantis

Law & Economics Working Papers

For long-term commercial contracts, modification tends to be the norm rather than the exception. While modification often takes place in response to an arrival of new information, contracting parties frequently modify the terms in response to a shift in bargaining power. In this paper, we explain how the flexibility to renegotiate in response to a shift in bargaining power can facilitate long-term contracting and thereby beneficial reliance investments and risk allocation. The prospect of modification can induce contracting parties who expect their bargaining power to improve, such as from the emergence of outside opportunities, to enter into contracts earlier and …

In Defense Of The Major Questions Doctrine, Louis J. Capozzi Iii

Notre Dame Law Review

The major questions doctrine, which requires agencies claiming important powers to identify clear authority from Congress, is transforming administrative law. Breaking with recent practice, the doctrine prevents the executive branch from issuing laws addressing pressing, novel issues without Congress’s affirmative consent.

In response, scholars have generally criticized the doctrine and questioned its legitimacy. Critics have alleged that the doctrine was fabricated by the Supreme Court without proper justification, is incapable of principled application, frustrates the intent of past Congresses to delegate broad power to agencies, aggrandizes judicial power, and hinders desirable executive branch lawmaking.

This Article disagrees with those criticisms …

150 Years Of Detox: How Inadequate Dietary Supplement Regulation Undermines Consumer Safety In The Weight Loss Industry, Chloe Chambers

Minnesota Law Review Vols. 106:2 onward (2021-present)

Prior to the passage of the Pure Food and Drug Act of 1906, the American food and drug market was a proverbial “wild west,” fraught with charlatans, snake oil salesmen, and manufacturers cutting costs at the expense of consumers. The Pure Food and Drug Act, along with the Food, Drug, and Cosmetics Act of 1938 took steps to address this problem, creating the modern food and drug regulatory scheme. While American food and drugs are markedly safer now than they were 150 years ago, the Dietary Supplement Health and Education Act of 1994 has prevented dietary supplement safety from keeping …

Civil Jury Trial Discussions In Colorado: Perspectives From Judees And Attorneys After Twenty-Five Years Of Jury Reform, Juan G. Villaseñor

University of Michigan Journal of Law Reform Caveat

In the United States, the overwhelming practice in civil jury trials (and certainly in criminal trials) is that jurors must wait to deliberate until they have heard all the evidence, the attorneys’ closing arguments, and received the instructions on the law from the court. Generally, jurors may not discuss the evidence they are hearing or seeing as the trial progresses, and the judge, at multiple points during the trial, typically instructs jurors not to do so, especially before any recess.

Colorado, among a handful of other jurisdictions, is an exception to that practice. In civil jury trials in district court, …

The Common Law Of Constitutional Conventions, David E. Pozen

Faculty Scholarship

Professor Jill Lepore’s Jorde Symposium lecture paints a rich portrait of state constitutional conventions as engines of democratization during the 1800s and issues a dire warning about the United States’ ongoing amendment drought. Citing their unfamiliarity, however, Lepore declines to consider federal constitutional conventions as a possible corrective. In this response Essay, I argue: first, that Lepore’s marginalization of Article V’s convention mechanism is in tension with her own historical and normative account; second, that while Lepore’s wariness of conventions is entirely understandable given the state of our politics — and entirely commonplace among progressives — it carries significant risks …

Managing The Trade-Climate Policy Interface Through Open Plurilateral Agreements: Learning From The Eu Deforestation Regulation Experience, Bernard M. Hoekman, Charles F. Sabel

Faculty Scholarship

Trade policies motivated by security or commercial interests are increasingly complemented by trade measures that seek to induce foreign producers to green their production processes. A prominent example is the EU Deforestation Regulation (EUDR). Such unilateral measures are unlikely to be efficient, and at the limit may simply be ineffective. In this paper we use the EUDR experience to make the case for countries seeking to use trade policies to negotiate jointly defined approaches to achieve nontrade goals. We consider the scope for doing so in the framework of trade agreements and through stand-alone, issue-specific open plurilateral agreements (OPAs). We …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

The Allure Of Trade And Sustainable Development Chapters, Jeesae Kim

Michigan Journal of International Law

Beginning in 2011, the European Union (“EU”) began to include independent Trade and Sustainable Development (“TSD”) chapters in its trade agreements. These chapters seek to protect international labor standards, environmental laws, and corporate social responsibility practices within the scope of the EU’s trade agreements. Trading states that sign onto TSD chapters are meant to engage in ongoing dialogue regarding the substantive commitments outlined in the chapters. If one of the states fails to uphold its substantive commitments, the other state may invoke a unique enforcement mechanism contained within TSD chapters. But unlike arbitration proceedings for non-TSD trade disputes, the TSD …

Rewriting Precedent: How International Adjudicators Influence Compliance, Jeffrey Kucik, Lauren Peritz, Sergio Puig

Michigan Journal of International Law

International cooperation depends on adaptation to changing conditions. International dispute settlement bodies can play a key role in maintaining cooperation over time. Evidence suggests that when legal bodies successfully adapt the law through the reinterpretation of rules, they can promote state compliance. However, this process is incremental and may not happen quickly enough, which can lead to backlash against international courts. In this article, we analyze these dynamics at the World Trade Organization (“WTO”), the global institution regulating international trade. Relying on data and case studies, we show how the Appellate Body modified its interpretations to promote compliance. Because this …

Economic Sanctions As Legal Ordering, J. Benton Heath

Michigan Journal of International Law

This article recovers a critical episode in the history of economic sanctions and considers its implications for international legal order. Beginning in 1905, a group of Chinese citizens launched a series of protests targeting American, British, and Japanese goods. These boycotts caused economic damage, disrupted international relations, and at times won significant political victories. At the same time, they captured the imaginations of peace advocates, lawyers, and scholars, who saw in the boycotts either a fundamental threat to legal ordering, a promising avenue for enforcing interstate peace, or, most radically, an engine for new kinds of political organization outside the …

Breach Agents: The Legal Liability Of Third Parties For The Breach Of Reputational Ndas, Mark Fenster

UF Law Faculty Publications

Nondisclosure agreements intended to keep secret information that could harm one or both parties’ reputations have proliferated over the past decade. Many of them have been breached, some quite famously. Does a third party who assists a contracting party in breaching such an agreement — a member of the press or a family member, for example — risk liability for tortious interference with performance of a contract? This article asserts that the answer is no in most instances, in part because of limitations inherent in the tort and in part because such liability would violate the defendant's First Amendment rights. …