Digital Commons Network^™

Amicus Brief In Support Of Ross Intelligence In Ross Intelligence V. Thomson Reuters, Jess Miers, Bryan L. Frye, Mateusz Blaszczyk

Akron Law Faculty Publications

This amici curiae brief, filed in Thomson Reuters Enterprise Centre GmbH and West Publishing Corp. v. ROSS Intelligence Inc. before the U.S. Court of Appeals for the Third Circuit, argues that Thomson Reuters failed to state a viable claim for copyright infringement against ROSS Intelligence. The amici—law professors specializing in copyright and technology—contend that Westlaw’s headnotes are uncopyrightable factual summaries of judicial opinions and that the West Key Number System has long been in the public domain. The brief distinguishes between AI “pretraining” and “fine-tuning,” emphasizing that ROSS’s fine-tuning process relied on expert-created materials rather than wholesale copying. It cautions …

Brief For Amici Curiae Brian L. Frye, Jess Miers, And Mateusz Blaszczyk In Support Of Appellant, Bryan L. Frye, Jess Miers, Mateusz Blaszczyk

Scholarly Works

This is an amicus curiae brief filed by Brian L. Frye, Jess Miers, and Mateusz Blaszczyk in support of ROSS Intelligence, Inc., arguing that Thomson Reuters's claim for copyright infringement should be dismissed.

Accounting For Fetal Personhood: Confronting The Implications Of Fetal Personhood On Vital Statistics Law, Alix Rogers

San Diego Law Review

In February 2024, in LePage v. Center for Reproductive Medicine, the Alabama Supreme Court held that embryos created through in-vitro fertilization (IVF) were legal persons. The national conversation about this ruling focused on the implications for IVF treatment. The impact of fetal personhood on the realm of vital records law has, to date, gone unnoticed. Vital records laws in the United States mandate the registration and collection of data for legislatively determined vital events. Vital records law influenced by fetal personhood, as well as broader trends to criminalize pregnancy, has profound and troubling implications for individuals experiencing spontaneous abortion …

Indigenous People Integration Into National Climate Decision Making Process, Omnia Ahmed Ayoub Ahmed

COP30

Our policy paper here is going to explore the urgent need to recognise and enhance the participation and integration of indigenous communities in global climate cases and discussions in decision making processes , despite their contribution now….we are focusing on their case now because they are the most Affected by its impacts , due to their strong connection to natural eco systems , their traditional knowledge and their practices are essential for the biodiversity conservation and sustainable resource management but , unfortunately there was a systemic exclusion due to some factors and limiting and representation in in climate conferences such …

The Invisible Chains: Framing Abuse Of Dominant Position In Labor Markets, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

This paper examines how the concept of abuse of dominant position can be applied to the labour markets, where demand-side concentration and supply-side fragmentation generate monopsonistic dynamics that suppress wages, limit mobility, and reduce job security. It argues that traditional antitrust tools can be adapted to labour-specific contexts by redefining market boundaries through commuting zones, occupational substitutability, and recognition of artificial fragmentation. The study also addresses how exploitative practices such as non-compete agreements illustrate the concrete impact of employer power, and it highlights the need for a more coherent regulatory approach. Ultimately, it suggests that competition law, when enforced alongside …

Two Wrongs Don't Make A Right: The Fourth Circuit Sidesteps Supreme Court Precedent In Upholding An Assault Weapon Ban In Bianchi V. Brown, Gabriella Mudd

Villanova Law Review (1956 - )

No abstract provided.

Recent Arrivals: Refugee Resettlement In Nebraska, Emira Ibrahimpašić, Julia Reilly

Truth and Reconciliation History Project

One of the stories Nebraskans tell themselves is that the story of Nebraska is a story of immigration. One of the most recent versions of this story is that Nebraska is one of the best and most welcoming places in the country to be a resettled refugee. In many respects, this narrative is true, but as with all narratives, reality is more complicated. This chapter attempts to paint a fuller picture by providing a detailed history of the foundation of Nebraska’s refugee resettlement program, and an overview of five of the most populous refugee communities in Nebraska. First, we survey …

“It’S Just Rap”: Why Texas Courts Must Presume Rap Lyrics Inadmissible As Evidence In Criminal Trials, Sydney Ramirez

St. Mary's Law Journal

No abstract provided.

Empathy By Design: Rethinking Law School Engagement For Critical Thinking In The Age Of Artificial Intelligence, Jon M. Garon

St. Mary's Law Journal

No abstract provided.

Russian Arctic Land Forces And Defense Trends Redefined By Nato And Ukraine, Troy J. Bouffard, Lester W. Grau, Charles K. Bartles, Mathieu Boulègue

The US Army War College Quarterly: Parameters

This article argues that Russia’s Arctic land forces have been weakened by the Russia-Ukraine War and NATO’s northern expansion, creating a strategic window for Western militaries to bolster their Arctic capabilities. Unlike existing studies that focus on maritime operations and the Northern Sea Route, it integrates technical assessments of ground-based Arctic platforms with analysis of military-district reforms. Using a mixed methodology that incorporates equipment specifications, Russian government documents, media reports, and NATO strategic-response evaluations, this article constructs a comprehensive baseline understanding of Russia’s Arctic land-force potential and readiness. Policy and military practitioners will benefit from actionable insights into Arctic force-design …

Prosecution In The Eyes Of The Justice-Involved: A Community-Based Participatory Research Approach, Belén Lowrey-Kinberg

Qualitative Criminology (QC)

"Community based participatory research (CBPR) centers the voices of community members in the research process. Long used in the field of healthcare, criminal justice researchers have employed CBPR only in limited contexts, and never in the context of prosecution research. This paper reports on findings from a CBPR study that employed focus groups with justice-involved individuals to identify their perceptions of the pre-trial process, prosecutors’ priorities, and recommended directions for research. The findings from these focus groups were used as the basis for developing interview questions for prosecutors, which were subsequently implemented in two larger research projects examining prosecutor discretion. …

Access To Algorithmic Justice Working Paper: Introducing The A2aj’S Canadian Legal Data: An Open-Source Alternative To Canlii For The Era Of Computational Law, Simon Wallace, Sean Rehaag

Commissioned Reports, Studies and Public Policy Documents

The Access to Algorithmic Justice project (A2AJ) is an open-source alternative to the Canadian Legal Information Institute (CanLII). At a moment when technology promises to enable new ways of working with law, CanLII is becoming an impediment to the free access of law and access to justice movements because it restricts bulk and programmatic access to Canadian legal data. This means that Canada is staring down a digital divide: wellresourced actors have the best new technological tools and, because CanLII has disclaimed leadership, the public only gets second-rate tools. This article puts CanLII in its larger historical context and shows …

A Reciprocity: Off-Reservation Treaty Hunting Rights, Sarah K. Yarlott

Montana Law Review

No abstract provided.

The "Uniform Rule" And Its Exceptions: A History Of Congressional Naturalization Legislation, Daniel Rice

The Ozark Historical Review

Article 1, Section 8 of the Constitution empowers Congress “[t]o establish an uniform Rule of Naturalization.” In Part I of this article, I discuss the American colonial experience with naturalization laws and account for the Naturalization Clause’s. I then examine the historical development of Congress’s “uniform rule” and deconstruct the mechanism by which certain groups have been excluded from and brought back within its reach. Lastly, I scrutinize Congress’s posture towards expatriation, the logical converse of naturalization. In Part II, I ask why Congress might have thought it expedient to carve out statutory exceptions to the naturalization procedures it had …

Solving The No-Reading Problem With Ai, Royi Ashkenazi

The Business, Entrepreneurship & Tax Law Review

Standard form contracts bear a consistent curse: consumers do not read them. While AI-powered tools like ChatGPT are now capable of parsing and interpreting such complicated contracts efficiently, the mere existence of these technological capabilities does little to solve the core “no-reading problem”—consumers must actually adopt and use AI for this purpose. This paper proposes a novel regulatory regime that could fundamentally alter consumers’ approach to SFCs through two mandatory requirements: first, that sellers embed in their contracts direct hyperlinks or QR codes connecting to certified AI systems with pre-prepared prompts; second, that all SFCs contain a prominent clause explicitly …

Crazy Rich Asians At What Cost? The Role Of Target Marketing In Perpetuating Problem Gambling In Asian Communities, Jana Marquez

UNLV Gaming Law Journal

No abstract provided.

The Amended Statute, Jesse M. Cross

University of Chicago Law Review

We live in a republic of amended statutes. In each Congress, our laws are amended tens of thousands of times. Individual statutes make amendments that number in the thousands. As a result, the amended statute has become the central democratic text of our age—a remarkable development for a type of document unknown at the Founding. Yet the amended statute has been relegated to an after-thought in legal theory. This is incredible neglect for an essential source of modern law—one that anchors innumerable rights in U.S. society.

This Article demonstrates that, instead, the amended statute belongs at the center of public …

Realizing Nepa’S Reasonable, Productive, And Enjoyable Harmony: The Fiscal Responsibility Act’S Amendments And Implications For Practitioners, L. Sheldon Clark, Catherine E. Kanatas, Maxwell C. Smith

Michigan Journal of Environmental & Administrative Law

The National Environmental Policy Act (NEPA), the “Magna Carta” of environmental protection, serves two important purposes: providing (1) decision makers and (2) the public with a federal agency’s assessment of the impacts that may occur from its proposed or selected course of action before the agency acts. Despite frequent criticism about NEPA reviews causing costly project delays, NEPA’s procedural requirements and framework had remained unchanged for more than 40 years. That all changed with the Fiscal Responsibility Act of 2023 (FRA). The writing on the NEPA wall is now very clear: agencies must now produce shorter NEPA analyses with a …

Coding Anti-Discrimination Jurisprudence: A Hybrid Computational Model Of The Arlington Heights Test, Kevin S. Jobe

Philosophy Faculty Publications

The aim of this study is to understand the judicial reasoning process of anti-discrimination jurisprudence by utilizing a hybrid computational model. The advancement of hybrid computational legal studies that combine “law-as-code” and “law-as-data” approaches have led to promising techniques for tackling complex legal reasoning tasks as multifactor judicial reasoning standards. Following this hybrid model, this study conducts a statistical and multilayer perceptron (MLP) analysis of the judicial reasoning process of the multifactor Arlington Heights discriminatory purpose test based on an original hand-coded dataset of discrimination cases. The results of the study show that “sequence of events” predominates the other factors …

Inside Ai, Charles Duan

Contributions to Books

It is beautiful, the Mandelbrot set. In full, it resembles a horseshoe crab or a sideways Rorschach test, flecked with patterns of spikes and lobes. Zooming in at any point near its edge reveals infinite depths of swirls, reminiscent of Van Gogh’s Starry Night or an intricate paisley textile. The shape could easily hang on a wall, an example of fine abstract art. Yet the entirety of that shape can be computed by repeated application of a simple mathematical function:2 f(x) = x2 + c. Is all the beauty and complexity of the Mandelbrot set “inside” the symbols …

"The Cake Is A Lie:" Locating Loot Boxes In Indian Gaming Framework, Aman Gupta, Samriddh Sharma

Indian Journal of Law and Technology

Lootboxes have become endemic in modern video games. These microtransactions allow users to purchase virtual containers without knowing their content, which is determined by chance. There have been increasing concerns about the negative impact of loot-box purchases on mental health and whether these amount to gambling under various laws. In response, several countries have started applying existing gambling laws or legislating new measures to regulate lootboxes. This raises questions about the present state of regulations in the Indian context and whether they are adequate in meeting the risks posed by lootboxes. In the present article, the authors explain the concept …

Centring Marginalisation In The Development Of Digital Courts: Reflections From Argentina, India, Kenya, And Malaysia, Siddharth Peter De Souza, Varsha Aithala, Francisco Mignaquy, Mercy Muendo, Anisha Nadkarni

Indian Journal of Law and Technology

This paper presents a multi-jurisdictional analysis of digitalisation of justice and the perceived role of courts as public institutions upholding the rule of law and ensuring access to justice to all. Using selected examples from Argentina, India, Kenya and Malaysia, it examines the impact of digitalisation efforts of these countries on their citizens, marginalised populations, the State and private sector. We propose to design an approach to digital justice that centres people on the margins of digital transformation of courts. This includes three elements – first, engagement with people centered perspectives; second, focus on disadvantage and addressing socio-technical factors; and …

The Future Of The Arab Media Industry In Utilizing Artificial Intelligence Technologies: A Foresight Study (2024 To 2034), Mohammedwesam Amer, Abdullah Mohammed Atbiqa

Middle East Journal of Communication Studies

This study explores the future of the Arab media industry from 2024 to 2034 in light of the increasing integration of artificial intelligence (AI) technologies. It identifies key media sectors likely to be affected by AI—such as content creation, news production, editing, and audience engagement—and proposes strategies for effective implementation. The study employs a descriptive survey methodology grounded in the Unified Theory of Acceptance and Use of Technology (UTAUT). Data were collected via an electronic questionnaire from a purposive sample of 264 respondents across 18 Arab countries, including academic elites and media professionals working with Arab media institutions. Findings reveal …

The Files Are In The Computer: On Copyright, Memorization, And Generative Ai, A. Feder Cooper [email protected], James Grimmelmann

Chicago-Kent Law Review

No abstract provided.

Book Review: Jonathan Gienapp, Against Constitutional Originalism: A Historical Critique, Timothy Smith

ConLawNOW

This essay reviews the new book, Against Constitutional Originalism by Professor Jonathan Gienapp. It shows how this important book complicates the legal theory of originalism and its understanding of the Constitution. Gienapp convincingly shows that Founding-era Americans had a very different understanding of the nature of constitutions—what they are and how they worked. The conception of the Constitution that feels natural to modern Americans actually developed gradually in the decades and centuries after the Founding and was not the original meaning. Gienapp contends that this creates foundational problems for the originalist approach to Constitutional interpretation. It exposes the fundamental misunderstanding …

Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales

Faculty Scholarship

Large-language-model (“LLM”) outputs are inevitably shaped by assumptions, biases, and attitudes rooted in racism and other systemic inequities embedded in the civil-law tradition. This Equity-in-Justice CLE focuses on helping civil legal service providers recognize and work to eliminate biases in generative AI outputs through equity-centered prompt augmentation and engineering. These small, cost-free interventions re-orient LLMs assistance toward fairness, cultural competency, and client-centered outcomes. Participants leave with an action plan for embedding anti-bias safeguards in everyday research, drafting, and client communication tasks.

Promoting Better Dispute Decision-Making With An Ai Tool Built On Rps Theory, John Lande

Faculty Publications

Traditional theories of negotiation and mediation rely on rigid models, false dichotomies, and confusing terminology that fails to reflect the complexity of real practice. This article critiques those theories and introduces Real Practice Systems (RPS) theory as a more accurate and practical alternative.

RPS theory conceptualizes negotiation and mediation as sequences of professional judgment shaped by context, experience, and goals, rather than as idealized or linear processes. It promotes a realistic and ethically responsible practice by encouraging reflection, intentional process design, and adaptability.

The article introduces “RPS Coach,” a free artificial intelligence tool built on the ChatGPT platform. It is …

The Use Of Ai In Canadian Courts, Shaughnessy Dow

Dalhousie Journal of Legal Studies

Like many other fields, there has been growing discussion about the potential benefits of AI for the law. In light of the Federal Court’s interim principles and guidelines on the use of AI, this paper considers whether AI applications can assist the judiciary with its decision-making function. In doing so, it starts by considering the role that judges play in our legal system, finding that they are often called upon to consider and weigh information with human, emotional qualities and to assess the broader policy implications of their legal rulings. This paper concludes that the optimism of proponents of AI …

A Framework For Interpreting Emojis In Legal Contexts, Anne Merritt

Dalhousie Journal of Legal Studies

In the 2023 case of South West Terminal Ltd. v. Achter Land & Cattle Ltd., a Saskatchewan court found that a thumbs-up emoji, as a standalone item of communication, constituted the acceptance of a contract between a buyer and seller. The trial judge noted that such communication was “the new reality in Canadian society” for which courts should be prepared to interpret novel units of language arising in the digital age. However, an analysis of recent Canadian cases involving emojis shows that courts have not been prepared, with inconsistencies in how emojis are represented in evidence, how they are …

The Legal Framework Of Smart Contracts In The Arabian Gulf, Ilias Bantekas, Ameneh Yousuf Saif Al-Hosseini

Notre Dame Journal of International & Comparative Law

New tools have aided contractual transactions, particularly so-called smart contracts. Such tools have an impact on the formation of contracts and the implementation of the parties’ mutual obligations. Entities in the Arab world have generally hesitated to apply smart contract technology to high-end transactions out of fear that at some point these will not sit comfortably with existing legislation. The civil law landscape is still blurry. This article focuses on analyzing the legal framework of smart contracts in selected Arab countries and uses English smart contract regulation in order to compare how their regulation was tamed there and whether the …