Digital Commons Network^™

Between Copyright And Computer Science: The Law And Ethics Of Generative Ai, Devin R. Desai, Mark Riedl

Northwestern Journal of Technology and Intellectual Property

Copyright and computer science continue to intersect and clash, but they can coexist. The advent of new technologies such as digitization of visual and aural creations, sharing technologies, search engines, social media offerings, and more, challenge copyright-based industries and reopen questions about the reach of copyright law. Breakthroughs in artificial intelligence research, especially Large Language Models that leverage copyrighted material as part of training, are the latest examples of the ongoing tension between copyright and computer science. The exuberance, rush-to-market, and edge problem cases created by a few misguided companies now raises challenges to core legal doctrines and may shift …

Square Peg In A Round Hole? Sustainability As An Aim Of Antitrust Law, Michał Konrad Derdak

Yearbook of Antitrust and Regulatory Studies

The ongoing debate on sustainability in antitrust only briefly refers to the established legal methodologies of interpretation. In particular, there seems to be hardly any reflection on the teleological interpretation of competition law in the context of making sustainable development the aim thereof. This is problematic, because a methodologically sound construction of the aims of law is instrumental not only for the interpretation of its provisions, but also for ensuring the rule of law and safeguarding the rights of individuals. This article is an attempt to trigger a discussion in this area by analysing whether promoting sustainability is, or can …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Northwestern University Law Review

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using “explicit,” “clear,” and “unambiguous” statements—or, as some dissenting judges have lamented, using “legally magic” words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than do …

"Legally Magic" Words: An Empirical Study Of The Accessibility Of Fifth Amendment Rights, Roseanna Sommers, Kate Weisburd

Law & Economics Working Papers

Fifth Amendment case law (including Miranda v. Arizona) requires that individuals assert their right to counsel or silence using "explicit," "clear," and "unambiguous" statements - or, as some dissenting judges have lamented, using "legally magic" words. Through a survey of 1,718 members of the U.S. public, we investigate what ordinary people believe it takes to assert the right to counsel and the right to silence. We then compare their perceptions against prevailing legal standards governing invocation.

With respect to the right to counsel, the survey results indicate that members of the public have a uniformly lower threshold for invocation than …

Tendencias Fonéticas Y Aspectos Gramaticales Del Español Hablado En El Sáhara, Mustapha Ouzir

Journal of Maya Heritage

Este estudio analiza las tendencias fonéticas y los aspectos morfosintácticos del español hablado en el Sáhara, una región marcada por su historia colonial como territorio español. Mediante una metodología cualitativa, que incluye observación libre, conversaciones grupales y pruebas fonológicas, se investigan las características lingüísticas de los hablantes saharauis, cuya lengua materna es el hassanía. Los hallazgos revelan una interferencia fonética significativa, como la neutralización vocálica, la reducción de diptongos y la influencia del español canario. También se identifican desviaciones morfosintácticas respecto al español estándar, incluyendo problemas de concordancia gramatical, tiempos verbales y uso de preposiciones. Estos fenómenos reflejan el impacto …

The Seventh Amendment Right To Jury Trial In The Administrative State: Recognizing The Dangers Of The Constitutional Moment, Martin H. Redish, Samy Abdelsalam

Notre Dame Law Review

One prominent constitutional scholar has sought to legitimize this constitutional transformation through resort to a strange and controversial analytical model he describes as the “constitutional moment.” In this Article, we plan to establish two important points: (1) there exists no principled mode of analysis of the Seventh Amendment right to jury trial that justifies the Court’s categorical dichotomy between Article III and non–Article III forums for purposes of the right’s applicability, and (2) while the theory of the “constitutional moment” would in fact justify the Court’s insulation of the administrative state from Seventh Amendment applicability, reliance on such a theory …

Party Autonomy In Investor-State Arbitration: Supremacy Of Treaty And The Future Of Most-Favored Nation Treatment, Riddhi Dasgupta Ph.D

Georgia Journal of International & Comparative Law

No abstract provided.

Gray Advice, Keith Porcaro

Duke Law & Technology Review

Debates over economic protectionism or the technology flavor-of-the-month obscure a simple, urgent truth: people are going online to find help that they cannot get from legal and health professionals. They are being let down, by products with festering trust and quality issues, by regulators slow to apply consumer protection standards to harmful offerings, and by professionals loath to acknowledge changes to how help is delivered. The status quo cannot continue. Waves of capital and code are empowering ever more organizations to build digital products that blur the line between self-help and professional advice. For good or ill, “gray advice” is …

Bostock And The Forgotten Eeoc, Sandra F. Sperino

Faculty Publications

In Bostock v. Clayton County, Georgia, the Supreme Court formally recognized that federal discrimination law prohibits discrimination based on sexual orientation and gender identity. The opinion barely mentioned the Equal Employment Opportunity Commission (EEOC), the federal agency charged with enforcing federal discrimination law. Reading Bostock, it would be easy to get the impression that the EEOC played little to no role in the outcome. This Essay reclaims and restores the EEOC's role.

In restoring the EEOC's role in this story, two themes emerge. First, Bostock's methodology erases the administrative agency tasked with enforcing Title VII in ways that are inconsistent …

Populist Secularism, Seval Yildirim

Journal Articles

This article argues that in the context of a developing democracy, the rise of religiously oriented parties should be viewed contextually as part of an ongoing process of democratic negotiation and consolidation. Using Turkey as a case study, this article argues that religion and secularism are best viewed as parts of a symbiotic relationship, informing each other’s identity, and defining characteristics through an ongoing process of negotiation.

The article discusses commonly used concepts relevant to secularism in general and argues for the need to distinguish between the secular, secularism, and secularization as a governance project. Through a historical survey of …

The New Social Contracts, Andrew Keane Woods Professor Of Law

Vanderbilt Law Review

Contracts rule our digital world. Platform terms of service determine speech rights, privacy rights, and much more. This is no accident—from the very beginning, the U.S. model of internet governance was explicitly built around private ordering. In this context, it is worth asking what contract law and contract scholarship have to say about the public harms of digital dealmaking.

The answer, quite surprisingly, is: not much. To be sure, the rise of the digital economy has generated over two decades of sustained scholarship and several huge national reform efforts aimed at updating contract law. But this work has largely focused …

Entire Issue Vol. 15 No. 25

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Entire Issue Vol. 17 No. 29

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Journal of Law and Health

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

The Risks Of Health Data Commodification In The Eu Digital Market, Chiara Gallese

Yearbook of Antitrust and Regulatory Studies

This article explores the health data commodification phenomenon in the European Union’s digital market. The emergence of a health marketplace, and the increasing utilisation of health data by both public and private entities, have raised significant concerns about citizens’ rights. This study examines the risks of health data commodification, the EU’s efforts to facilitate data sharing and reuse through the Digital Strategy Corpus of law (DSC) as well as its potential implications on the rights of data subjects. The article investigates the ongoing scholarly debate surrounding the commodification of personal data, and its ethical and legal dimensions. The interdisciplinary approach …

A Boring Supper: Looking Less Hard For Meaning In The Montana Constitution, Ben Mckee

Montana Law Review

No abstract provided.

The Protection Of Rights Of Non-Majority Communities And Their Members In The Republic Of Kosovo Through Institutional Mechanism, Ahmet Maloku, Nuhi Osmani

UBT International Conference

The purpose of this paper is to deal with the rights of non-majority communities and their members in the constitutional and legal aspect, including international legislation. The rights of national minorities in Kosovo are rights guaranteed through national legislation starting from the constitution, international norms applied directly in the constitution, as well as specific legislation that regulates the rights of non-majority communities in the Republic of Kosovo. Therefore, these rights have strong guarantees, since the state of Kosovo, beside this has arranged these types of rights in an advanced manner as well as has created legal procedures, where 2/3 of …

13th International Conference On Business, Technology And Innovation 2024, University For Business And Technology - Ubt

UBT International Conference

Welcome to IC – UBT 2024

UBT Annual International Conference is the 13th international interdisciplinary peer reviewed conference which publishes works of the scientists as well as practitioners in the area where UBT is active in Education, Research and Development. The UBT aims to implement an integrated strategy to establish itself as an internationally competitive, research-intensive university, committed to the transfer of knowledge and the provision of a world-class education to the most talented students from all background. The main perspective of the conference is to connect the scientists and practitioners from different disciplines in the same place and make …

Public Men's Rooms And The Legal Construction Of Gender And Privacy, Steven J. Macias

University of Cincinnati Law Review

This Article examines how the law is complicit in educating and socializing children into the cultural practices of gender and privacy. It accomplishes this by analyzing case law that involves minors and men’s public bathrooms. The men’s room is a place rife with social ambiguity, an ambiguity that has come to a head in recent transgender school bathroom cases. Although this Article is primarily concerned with the men’s bathroom as an important legal site in the development of gender and privacy for all youth, it discusses transgender (trans) rights cases as presenting the most fundamental challenge to the hegemonic logic …

Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf

Dalhousie Journal of Legal Studies

The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …

Tossing Sand In The Regulatory Gears: Hurdles To Policy Progress In The Supreme Court, Nina A. Mendelson

Articles

In the last few years, the Supreme Court has been a source of seismic change. In Dobbs v. Jackson Women’s Health Organization, the Court overruled Roe v. Wade, which had protected the right to abortion for nearly fifty years. In Loper Bright Enterprises v. Raimondo, the Court abandoned so-called Chevron deference to particular categories of administrative agency interpretations, a doctrine viewed as bedrock for over forty years. Humphrey’s Executor v. United States, the 1935 ruling validating independent multi-member commissions such as the Federal Trade Commission, Securities and Exchange Commission, and Federal Communications Commission, may soon join the others on the …

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Interpreting "Membership In A Particular Social Group" In Light Of International Standards, Klaudia K. Cambridge

Ohio Northern University Law Review

No abstract provided.

Privatizing Dispute Resolution Under The Free Trade Agreement: Truth Or Fancy?, Leon E. Trakman

Maine Law Review

Replete with evidence of extensive forum shopping, unending discovery procedures, and countless delays in the formal adjudicatory process, the case for an alternative, more specialized medium for the resolution of trade disputes between the United States and Canada has grown more pressing. The problem, however, is in being convinced that the alternative, embodied in the proposed Canada-United States Free Trade Agreement, addresses the deficiencies in the existing medium for dispute resolution without introducing greater social and personal costs of its own. A government, in distancing itself from dispute resolution, also separates itself from the process through which social problems are …

A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez

OUR Journal: ODU Undergraduate Research Journal

Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …

Climate Change And Neologisms: Towards A Lexico-Semantic Study, Abdelfetah Nacer Idrissi

BAU Journal - Society, Culture and Human Behavior

Climate change, a global phenomenon resulting from human activity and natural factors, is one of the most pressing concerns of our time. The impacts of global warming, rising sea levels, extreme weather events and biodiversity loss are increasingly evident. Equally remarkable is the impact this colossal challenge is having on our language, a living mirror of our collective understanding of the world. Indeed, the appearance of terms such as "ecoanxiety", "climavore" and "energy transition" are all signs of a profound transformation of the lexicon, demonstrating our growing commitment to sustainability and environmental awareness. This study, which aims to be a …

A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover

Northwestern University Law Review

In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …

Law And Literature Studies As A Basis For High-Quality Ethics Cle Programs, David S. Caudill

Faculty Publications

No abstract provided.

Law School Announcements 2024-2025, Law School Announcements Editors

Announcements

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Finding The Thinkable Thoughts, Beth H. Wilensky

Reviews

When John B. West developed his legal classification system in the 1880s, he likely didn’t anticipate that his system of indexing the law would persist into the twenty-first century. But persist it has, and flourished, most prominently in the form of Westlaw’s headnote and key number system. West’s index built on several precursors, but it was his version, West’s American Digest, that established the foundations of the classification system that most modern legal researchers use today, in one form or another.

This history—of the late-nineteenth-century fascination with indexing—and much more is told in charming detail in Dennis Duncan’s Index, A …