Digital Commons Network^™

The Deregulation Of Cancer, Daniel G. Aaron

Texas A&M Law Review

Fifty years ago, the U.S. embarked on a radical new path. Under pressure from the environmental movement, Congress passed an array of statutes aimed at regulating carcinogens out of our world. This regulatory experiment sprawled from air and water to food and consumer products.

Legal scholars have paid scant attention to this wave of cancer regulation despite its size and importance and the public’s apparent interest in avoiding carcinogens. But there is a growing literature finding flaws with individual regimes within the framework, such as the Clean Air Act, the Toxic Substances Control Act, and the Tobacco Control Act. In …

Resolving Bankruptcy's Non-Voting Impaired Class Issue Using The Nonfactor Solution, Jacob Harrington

Texas A&M Law Review

In chapter 11 bankruptcy voting procedures, the issue of non-voting impaired classes can be a complicated issue, but the Southern District of Texas’s new “nonfactor” approach can be used as a lens through which different solutions to this issue may be understood. The United States Bankruptcy Code states that a bankruptcy plan may only be confirmed if every impaired class votes to accept the plan. But despite the statute’s apparent clarity, different jurisdictions’ solutions vary, some deeming non-voting impaired classes to plan. This Note demystifies the Bankruptcy Code’s approach to this matter, examines the different jurisdictional approaches to this issue, …

Ai's Double Edged Sword: Fighting Against Synthetic Csam, Shekhinah Adra Green

Cybersecurity Undergraduate Research Showcase

The rapid advancements in generative artificial intelligence has introduced new challenges in the production and distribution of synthetic child sexual abuse material (CSAM). AI has the capabilities of creating highly realistic imagery and videos, which  raises serious legal and ethical concerns, increasing the risk of harm, exploitation, and revictimization.

This paper discusses the legal improvements needed in order to lower the change of legal loopholes, how digital forensic analyst use advanced tools to identify and investigate synthetic material, and different methods to start the reduction of synthetic CSAM.

Advice For Incorporating Ai Tools Into Your Legal Practice, Celia Bigoness, Robert A. Mackenzie, David J. Reiss

Cornell Law Faculty Publications

We have been speaking with many lawyers and law students about using generative artificial intelligence (AI) tools in their legal practice. We are struck by the fact that many of them have not been experimenting much, if at all, with the tools that are available to them - although many acknowledge that their clients are increasingly integrating generative AI into their businesses. We have been integrating a lot of these tools into our own professional lives, and here are some tips to help lawyers and law students get comfortable with AI tools that can help them, in big ways and …

Contractualizing Corporate Governance, Jonathan C. Lipson, Eli Alexander Evans

University of Miami Law Review

The relationship between fiduciary duty and contract has never been clear. The law of fiduciaries has long constrained discretionary control of other people’s property, notably in corporate governance, where directors owe a corporation duties of care and loyalty. Yet, contract has also had the capacity to modify these duties in important—but uncertain—ways because neither body of law contains a meta-rule specifying which would “trump” in the event of conflict. Uncertainty was rarely problematic, however, because directors lacked the power to fully contract away their control of the corporation or their concomitant fiduciary duties.

This has changed in the past thirty …

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

State Intervention In Local Zoning: Lessons From Housing Applied To Data Centers, Matthew De Boer

Fordham Law Review

There is growing regulatory tension at the intersection of data center development and local land use law. As states aggressively court data centers with tax incentives and economic policies, they have largely declined to regulate where and how these facilities are sited. Local governments, left to absorb the consequences, have responded unevenly, attempting to fit extraordinary land, water, power, and noise-intensive data centers into zoning frameworks designed for far less demanding industrial uses. The result has been a cycle of uncertainty and conflict: developers face unpredictable approvals, moratoria, and litigation, while residents bear escalating infrastructure strain, environmental impacts, and diminished …

Navigating Sustainable Burial In Southern Nevada, Kristen Gibson

Calvert Undergraduate Research Awards

Navigating Sustainable Burial in Southern Nevada investigates the accessibility of environmentally conscious end-of-life options for individuals throughout the region. Sustainable burial practices, including green burial, water cremation, and natural organic reduction, provide alternatives to traditional burial and cremation methods. Research was conducted through an analysis of Nevada statutes, local reporting, funeral service resources, and public discussions related to sustainable burial. The research revealed that although Nevada expanded legal recognition of sustainable burial by legalizing natural organic reduction, public access to clear information and available services remains limited. These findings informed the creation of a choose-your-own-adventure booklet designed to translate legal …

Code And Consequences: How Fraud Detection Algorithms Criminalize Welfare, Michele E. Gilman

All Faculty Scholarship

This article investigates the growing use of automated fraud detection systems in public benefits programs, focusing on how these technologies have intensified the surveillance and criminalization of low-income individuals. Across the globe, government agencies deploying fraud detection algorithms have wrongfully accused thousands of people of committing fraud, with devastating consequences, including bankruptcy, job loss, and psychological trauma. These algorithmic systems operate as opaque “black boxes,” fueled by historical biases against the poor and largely unaccountable to the individuals they affect. Meanwhile, the private vendors that develop the algorithms reap massive profits from unfulfilled promises of efficiency and cost savings.

The …

Situating Ai Within The History Of Technological Adaptation In Law, Karin Mika

SLU Law Journal Online

This Article argues that the current anxiety surrounding generative artificial intelligence (AI) in the legal academy is the latest iteration of a recurring historical cycle. By examining the introduction of other technological enhancements in the law, the author demonstrates that each technological shift was initially met with skepticism regarding the potential loss of critical thinking skills. However, history shows that these tools ultimately pushed the profession away from a focus on mechanical form and toward a deeper engagement with substantive analysis and strategic advocacy. Rather than posing an existential threat, AI represents a logical next step that can automate the …

Revisiting The Missed Pigouvian Opportunity Of The First Industrial Revolution: A Carbon-Based Pigouvian Tax On Ai, Haozheng Jiang

SLU Law Journal Online

As artificial intelligence (AI) reshapes the economy with comparative speed and scope as during the First Industrial Revolution, policymakers face a familiar dilemma: how to preserve technological progress while addressing its negative externalities. This article proposes a uniform, carbon-based Pigouvian tax on AI as a practicable and forward-looking solution to correct one of AI’s most readily measurable negative externalities without stifling innovation. Drawing on lessons from existing carbon-pricing systems, this article contends that such a tax should be designed with flexibility and transparency to promote both effectiveness and political feasibility. Properly structured, the tax would not deter AI development but …

A View Under The Hood: Duquesne Kline's Law And Computing Program, Wesley M. Oliver, Katherine L.W. Norton, Martin Mckown, David Horrigan

West Virginia Law Review

No abstract provided.

Artificial Intelligence And Machine Learning Improving The Livelihood Of Individuals With Disabilities In Various Capacities, Daveon Lilly

West Virginia Law Review

Artificial Intelligence (“AI”) and Machine Learning (“ML”) are swiftly reshaping accessibility for individuals with disabilities, offering fresh opportunities for inclusion in education, the workplace, and daily life. This Note explores the integration of AI and ML into assistive technologies and discusses how this integration bolsters access and independence for people with various disabilities. It also examines the legal frameworks, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 (“Rehabilitation Act”), that govern the implementation of these technologies and address challenges such as algorithmic bias, data privacy, and the digital divide. While AI and ML have made …

Racing To Safety: Tax Policy For Ai Safety-By-Design, Mirit Eyal, Yonathan Arbel

Articles

The White House recently announced its vision of artificial intelligence (AI) policy: AI development is a race and America must win it. To that end, a new America's AI Action Plan directs federal agencies and states to remove regulatory barriers to AI development and accelerate innovation. This approach leaves limited room for regulatory measures that would address the safety risks of powerful AI systems: their behavior in novel domains remains unpredictable, their decision-making opaqueness, and their alignment with human values is uncertain. While experts warn of large-scale accidents, policymakers find themselves in a bind: Regulate AI and cede ground to …

Situating Ai Within The History Of Technological Adaptation In Law, Karin Mika

Law Faculty Articles and Essays

This Article will first trace this history of technological disruption and adaptation in the law. It will then situate the current AI moment within this established pattern, arguing that AI’s capabilities create an unprecedented opportunity to accelerate a pedagogical shift from foundational structure to sophisticated substance. Further, it will explore AI's significant potential as an equalizer for multilingual students. Finally, it will address the legitimate risks of AI, concluding that a framework grounded in professional ethics and critical human oversight is the key to harnessing its benefits responsibly. The challenge is not to resist this new technology, but to adapt …

Corporate Fiduciary Duties And The Climate And Biodiversity Crisis, Eric W. Orts, Sandra G. Schafhäutle

Michigan Journal of Environmental & Administrative Law

This Article argues that addressing one of the most urgent environmental challenges facing humanity today—the global climate and biodiversity crisis—calls for a transformation at the heart of corporate law: its fiduciary duties. After demonstrating how current corporate fiduciary duties are implicated in this crisis, we argue for reform of fiduciary duties operating at two levels: those governing directors and officers of business corporations, and those governing institutional investors and asset managers. We then distinguish between two general kinds of corporate fiduciary duties: permissive and mandatory. We contend that corporate law should accommodate a more expansive understanding of fiduciary duties by …

The Energy And Environmental Footprint Of Ai, Michael P. Vandenbergh, Ethan I. Thorpe, Jonathan M. Gilligan

Michigan Journal of Environmental & Administrative Law

Artificial intelligence (AI) has the potential to create major economic and social benefits, but also to rapidly escalate electricity demand and its associated environmental impacts. Information availability has been a cornerstone of environmental law for half a century, and this Article argues that providing information to individual, corporate, and other users about the electricity demand and environmental impacts of AI can reduce those impacts without delaying development of the technology. Little is known about how different large language models (LLMs) compare on these metrics, though. To address whether users have access to the information necessary to address this shortcoming, the …

Four Decades, No Progress: Time For A Columbia River Basin Compact, Liesl L. Bogaard

Michigan Journal of Environmental & Administrative Law

Since the Power Act’s passage in 1980, the government entities who develop and implement energy policy in the Pacific Northwest have operated under a congressional mandate to protect fish and wildlife in the Columbia River Basin. However, nearly half a century later, the number of wild salmon and steelhead returning to their native spawning grounds is still in decline, largely due to dam operations in the Columbia and its tributaries. This Note examines the history of hydroelectric power generation in the Columbia River Basin and its impact on fish populations, drawing parallels between the environmental crisis in the Columbia River …

Owning Geothermal Energy, Gabriel Eckstein

Michigan Journal of Environmental & Administrative Law

Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …

“Loophole Of The Century”: Routine Use And The Privacy Act Of 1974, Joslynn Jensen

Brigham Young University Prelaw Review

This Note examines structural weaknesses in the Privacy Act of 1974 and argues that the statute no longer provides meaningful safeguards for personal information held by federal agencies. Enacted in the aftermath of the Watergate scandal, the Act was designed to ensure transparency, accountability, and individual control over government recordkeeping systems. However, two core features—the routine-use exception and the Act’s narrow remedial structure—have undermined these protections. The routine-use provision permits agencies to disclose personal records without individualized consent so long as the disclosure is deemed “compatible” with the purpose of collection and published in the Federal Register, a form of …

Good Faith And The Ministerial Exception, Kailey Hopkins, Nathan Gurr

Brigham Young University Prelaw Review

Following the Supreme Court’s decision in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, lower courts, in attempting to adhere to the ruling, have largely disregarded the Court’s explicit instruction to avoid adopting a “rigid formula” for determining ministerial status. Instead, they have repeatedly relied on the factors identified in that decision as a functional test. When the Court revisited the ministerial exception, it reaffirmed that no definitive legal standard governs the designation of a “minister,” while modestly broadening the doctrine by emphasizing that formal titles are less significant than functional considerations. This Comment argues that the lower courts’ …

Generative Adversarial Discrimination, Josh Fairfield

Washington and Lee Journal of Civil Rights and Social Justice

Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden core prompts in generative AI systems, and how those prompts interact with the nature of AI training and deployment, AI will often actively hide discrimination rather than surface and address it. Stopping this will be difficult. At present, neither humans or AI can detect this emergent dark-pattern behavior. Without legal intervention, the broad use …

Piercing The Algorithmic Fog Of War: Ai-Enabled Decision-Support Systems And The Responsibility Gap For War Crimes Under The Rome Statute, Karen H. Cho

UC Law SF International Law Review

This article examines how the integration of artificial intelligence-enabled decision-support systems (AI-DSS) into military conflict complicates the attribution of individual criminal responsibility for war crimes under the Rome Statute. Unlike lethal autonomous weapons systems which are intended to supplant human agency, AI-DSS augments human decision-making across the targeting cycle while simultaneously introducing opacity and bias. These characteristics risk facilitating indiscriminate and disproportionate attacks, undermining t4he principles of distinction and proportionality under international humanitarian law. Through a case study of Israel’s deployment of systems such as “the Gospel,” “Lavender,” and “Where’s Daddy?” in Gaza, this article illustrates how algorithmic mediation obscures …

The Offshore Origins Of Regulatory Arbitrage, Ian J. Murray

William & Mary Business Law Review

Especially since the 2007–08 financial crisis, commentators have seized on the term “regulatory arbitrage” to describe a sprawling range of strategic compliance behavior spanning diverse sectors of the contemporary economy. Despite the term’s prevalence, there is scant agreement on the scope of activities it describes. To some, it has become a catch-all for legal avoidance from time immemorial. Such an expansive understanding obscures the context that led the term to acquire salience and fosters a fatalist view that all regulation is futile. Resisting this trend, this Article answers calls to situate regulatory arbitrage in a richer socio-historical context. Tracing the …

The Hidden Tax Game, Doron Narotzki

William & Mary Business Law Review

Taxation is not just a legal duty; it is a game, and the best players always win. While governments rely on laws and penalties to enforce compliance, corporations, high-net-worth individuals, and elite tax strategists exploit loopholes, turning complexity into opportunity. This Article argues that tax avoidance is not a flaw in the system, but an expected outcome. Modern tax law does not just permit avoidance; it actively encourages it. The more intricate the rules, the more valuable it becomes to manipulate them.

Using game theory as an analytical lens, this Article reframes taxation as a high-stakes competition, where strategic players …

The Racialized Treadmill Of Robotic Agriculture: Colonial Legacies, Legal Exceptionalism, And Labour Control, Vasanthi Venkatesh

Canadian Journal of Law and Technology

The title of this paper draws on two historical meanings of the word ‘‘treadmill”. First, it references the economic concept of the ‘‘agricultural technology treadmill”, which describes how technological advances in farming lead to market consolidation, pushing smaller producers out while benefiting agribusiness oligopolies. Second, it invokes the literal treadmill, which was invented in 1818 as a punitive labour technology and a ‘‘rational” tool to discipline racialized and indentured labourers in colonial plantations. By connecting these two threads in agricultural technology — economic domination and racialized labor control — this paper examines how robotics and automation in modern agriculture perpetuate …

Consensus Ad Artificialis: Contract Theory Meets The Genai Mind, Katie Szilagyi, Marina Pavlovic´

Canadian Journal of Law and Technology

The advent of generative AI (GenAI) has generated shockwaves across industries. Many established professions are grappling with how GenAI’s functionality transforms their daily activities, staying power, and raison d’eˆtre. GenAI’s newfound facility with words and language has rapidly encroached upon the purview of lawyers, whose trade has long been expertise with words. While some worry about lawyers’ place in a GenAI-oriented future economy, others are optimistic about the transformative potential GenAI offers as a tool to the practicing lawyer. Legal service providers have been quick to adopt GenAI tools in the name of efficiency, harnessing its generative power for tasks …

An Elegy For The Hereditary Peers, Declan M. Hurley

Notre Dame JLEPP: In Limine

Declan Hurley reflects on the role of the hereditary peers, and what is lost with their demise.

The Varying Strength Of Parental Rights, Mark Strasser

Missouri Law Review

The United States Supreme Court has recognized that parental rights implicate fundamental interests and that statutes adversely affecting those rights require close examination. However, the Court has been inconsistent in both its analysis and results when deciding which statutes burdening parental rights nonetheless pass constitutional muster. The Court’s ambivalence and lack of clarity have made parental rights jurisprudence confused and confusing, as illustrated by the dissensus among the state supreme courts regarding which visitation statutes are constitutional. Yet, this jurisprudential quagmire cannot be blamed on one particular decision, as if a single clarification or modification could resolve the problem. Rather, …

Columnas: The Honors Program Newsletter At Bentley University, Amanda Li, Wilson Jan, Michael Raphael, Alexandra Rieckehoff, Karina Wu, Michael Shehata, Nilufar Noorian, Eloise Weintraub

Honors Program

INSIDE THE MODERN WORLD

Page 2: Stepping Out by Amanda Li

Page 3: Inside the Corporate Slop Bowl by Wilson Jan

Page 4: The Silencing: An Evaluation of the Global Attacks on the Right to Protest by Michael Raphael

THE SOUND OF CHANGE

Page 5: The Social, Cultural, and Economic Impact of Bad Bunny by Alexandra Rieckehoff

Page 6: Streaming Changed Music, But Is It Fair to Artists? by Karina Wu

Page 7: Feeling the Music: How Haptic Wearables Are Changing the Way We Experience Sound by Michael Shehata

SHIFTING SYSTEMS

Page 8: The Story Behind Davos, One of the …