Digital Commons Network^™

Constructive Falsity, Legal Truth, And The Public Interest In Not Reporting On Expunged Records, Itay Ravid

Villanova Law Review (1956 - )

No abstract provided.

A Real Account Of Deep Fakes, Benjamin L.W Sobel

Michigan Law Review

Laws regulating pornographic deepfakes are written to prohibit “digital forgeries,” “false” images, or media “indistinguishable” from “authentic” recordings. Yet the typical anti-deepfake law covers materials that aren’t forgeries, aren’t false, and that reasonable observers can easily distinguish from authentic recordings. Though drafted as if they regulate statements of fact, anti-deepfake laws actually target certain outrageous depictions per se—and rightly so, because pornographic deepfakes cause harm irrespective of their truth or falsity. However, the inapposite language of facts results in statutes with crucial ambiguities. Moreover, because anti-deepfake laws ban outrageous depictions irrespective of the factual assertions they make, they differ fundamentally …

Beyond The Shield: The Business Judgment Rule As A Tool For Esg Initiatives, Samuel Hawkinson

Colorado Law Student Scholars

No abstract provided.

The Psychology Behind Ai-Generated Phishing And Social Engineering Attacks, A’Shya Reynolds

School of Cybersecurity Master's Level Projects and Papers

Cybercrime has evolved significantly with the integration of artificial intelligence (AI), transforming traditional phishing and social engineering attacks into highly sophisticated and personalized threats. While early phishing attempts relied on generic messaging and low success rates, modern AI-driven attacks leverage advanced data analytics, natural language processing, and behavioral prediction to manipulate victims more effectively.

This research examines how cybercriminals utilize AI to enhance psychological manipulation techniques in phishing and social engineering attacks, increasing victim susceptibility. Drawing from interdisciplinary literature in cybersecurity and psychology, this study explores key psychological mechanisms, including cognitive biases, emotional triggers, and decision-making processes that influence victim …

To Smile Or Not To Smile? What Policymakers Need To Know About The Interplay Between Expressive Robotics And Public Perception, Adeline Schneider, Waseq Billah, Naomi T. Fitter

Canadian Journal of Law and Technology

The growing presence of autonomous delivery robots (ADRs) in public spaces has introduced new challenges regarding public perception, safety, and policy regulation. While ADRs provide a convenient, contactless delivery solution, there has been little research exploring how their design influences public acceptance and regulatory concerns. This study investigates the impact of expressive robotic features on perceptions of ADRs through a between-subjects online survey comparing two ADR models: the expressive Dax robot and the more widely deployed Starship robot. Participants answered questions about the robots’ expressivity and policy-relevant perceptions surrounding the robot. Findings showed a mix of enhancements from added robot …

Generating Personal Data And The Gdpr Conceptualizing, Analyzing, And Recognizing Generated Personal Data, Hideyuki Matsumi

Canadian Journal of Law and Technology

In 2014, to fight the littering problem, an environmental group posted portraits of potential litterbugs on public streets. The group extracted DNA from tossed cigarettes, coffee cups, or condoms, and generated the possible likeness of individuals whose DNA was found from these items in public. Similarly, in 2017, detectives working on a cold case sent DNA found at the crime scene of a homicide and sexual assault victim from 1990 to a company that claims it ‘‘can turn DNA into a face”. Subsequently, detectives published the ‘‘predicted face” in an attempt to solicit tips from the public. In 2020, they …

From Software To Models: Rethinking Open Source In The Age Of Generative Ai, Dana Beldiman

Washington Journal of Law, Technology & Arts

Open-source software (OSS), a form of distributed and collaborative software development rooted in the ethos of early computer science, has evolved into an essential component of modern digital infrastructure. This article asks whether open source will assume a similarly transformative role within the emerging technological paradigm of generative artificial intelligence (AI).

Generative AI differs fundamentally from software: its constituent artifacts, architectures, generative capacities, and deployment contexts are distinct and substantially more complex. Despite these differences, foundation models continue to be released under licenses originally designed for software, which may not constitute a valid transfer of rights in the generative AI …

Generative Artificial Intelligence With A Human Touch: Building Hana, Conrad Johnson

Faculty Scholarship

This Essay examines how generative artificial intelligence (GenAI) can be integrated into legal education and public interest law practice in a way that meaningfully enhances — rather than diminishes — human judgment, professional responsibility, and access to justice. Drawing on the experience of Columbia Law School’s Lawyering in the Digital Age Clinic, the Essay situates GenAI within an experiential pedagogy that emphasizes competence, ethical awareness, and collaborative problem-solving. It argues that law students and lawyers must move beyond a passive or uncritical use of GenAI tools; toward a deeper understanding of how these systems operate, the risks they pose, and …

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jen Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Faculty Scholarship

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for—lawyers and other human experts. Several studies have examined LLMs' performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs' competence at one of law professors' chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come from …

Temporary By Design: Why International Students Need A Real Pathway To Permanent Residence, Benedetta Palese

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

You grow up in a rural town abroad where English is barely taught. You teach yourself the language, travel hours to take standardized tests, and earn admission to a United States university. You stay for law school, believing that talent and persistence will bring stability. Near graduation, the question changes: what happens when the student visa expires, and life beyond campus begins?

The United States should create a meaningful, predictable pathway from F-1 student status to permanent residence. International students are welcomed as students and future workers, yet the law still structures them as temporary visitors. That instability is not …

Indeterminacy And The Political Economy: Cls, Legal Politics, And Defetishizing The Lpe Debate, Akbar Rasulov

Law and Contemporary Problems

No abstract provided.

Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber

Duke Law & Technology Review

As artificial intelligence (AI) continues to surprise us with its humanlike abilities, it raises the question of whether AI-created music can or should be afforded legal protection. Particularly, how should copyright law treat melodies produced by an AI designed to algorithmically generate every possible melody? This article seeks to answer that question, ultimately concluding that AI-produced melodies are not copyrightable and that melodies are not merely facts undeserving of copyright protection, but something valuable to mankind and worth protecting by law.

The article explores Damien Riehl’s All the Music project (ATM) and his arguments for why ATM’s outputs should be …

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …

Icymi (In Case You Missed It): Moody V. Netchoice, Llc And First Amendment Protections For Social Media Platform Expression, Eric T. Kasper

Tulsa Law Review

No abstract provided.

In Re Match Group Derivative Litigation: The End Of Mfw’S Carrot & Stick System, E. Morgan Wilson Williams

Tulsa Law Review

No abstract provided.

Happy Belated Iep: How A Notice Of Procedural Safeguards Fails Children With Specific Learning Disabilities, Chrystal Clodomir

Kentucky Law Journal

No abstract provided.

Survival Politics On A Working Waterfront: Rules Change Faster Than Prices In The South Texas Shrimp Fishery, Owen Temby, Anthony R. Lima

School of Earth, Environmental, & Marine Sciences Faculty Publications

In 2024–2025, the U.S. and Texas governments raced to save Gulf shrimp. Texas passed a truth-in labeling law for food service in restaurants. Federal agencies added antidumping and countervailing duty orders and new tariffs. This case follows Brownsville and Port Isabel, where dock prices slid while boats and crews aged. We frame the response as survival politics: urgent and improvised moves to keep a livelihood going even when imports set the price. Using legislative hearings, agency notices, local reporting, and port records, we show that rules reset faster than prices. Inventories, contracts, and supplier substitution delay any lift at the …

Corporate Governance As Bloodsport, Jeremy Kidd, George A. Mocsary

Pepperdine Law Review

The modern Environmental, Social, and Governance (ESG) movement promotes diversion of corporate assets from shareholders to “stakeholders.” This is done in the name of a corporate duty to society. But “successful” ESG efforts threaten the success of the corporate form by inviting rent-seeking. This conflict between ESG principles and established theories and norms of corporate law is difficult to resolve because corporate law lacks the tools needed to understand the type of collective decision-making that occurs in the corporate setting. This Article is the first to apply public choice economics—the economic study of collective decision-making—to corporate decision-making to identify the …

Institutional And Ideational Features Of Canadian-Us Fishery Management Networks: Connectivity, Coherence, And Collaboration, Owen Temby, Evelyn Roozee, Dongkyu Kim, Jasper R. De Vries, Derek A. Katznelson, Antonia Sohns, Gordon M. Hickey

School of Earth, Environmental, & Marine Sciences Faculty Publications

This article examines fishery management along and across the Canadian-US border through the comparison of collaborative transboundary networks in four regions: the Salish Sea, the Great Lakes, the Gulf of Maine, and the northern region including the Gulf of Alaska and the Hecate Strait. Transnational fishery management is an inter-organizational and multi-jurisdictional enterprise constituted by shared understandings of a suite of tasks and by communications among the participants. We use survey data to summarize the inter-organizational scale and participation in the networks, the centrality of different organization types, the factors that contribute to network formation, other ideational network traits like …

Negligent Hiring: Recidivism And Employment With A Criminal Record, Benjamin Pyle

Northwestern University Law Review

This Article tackles a difficult legal and policy challenge— reducing the impact of criminal records on job applicants’ chances in a manner that does not spur more discrimination—by looking at how another area of law, tort liability, impacts employers’ decision-making. It uses theoretical and empirical methods to study the most common reason employers report being reluctant to hire workers with a criminal record: legal liability generated by the tort of negligent hiring. While the purpose of the tort is ostensibly to protect and make whole those harmed when an employee misbehaves in a foreseeable manner, I show that, in practice, …

The Human Rights Fulcrum: Using Environmental Rights As Leverage For Change, Rebecca Bratspies

Pace International Law Review

“Give me a lever long enough and a firm place on which to stand and I will move the earth." That is how Archimedes famously described the power of levers and the possibility they create for moving something that otherwise seems immovable. His point was that with the use of distance, a fulcrum, and a lever, nothing is really immovable. This same characterization has been applied to human rights law, and its attempts to disrupt patterns of structural dispossession, discrimination and oppression that bedevil human society. Indeed, the metaphor that human rights are a lever for change is relatively common …

Availability Model To Evaluate Ai Data Centers’ Role In Grid Stability, Troy Mcsimov, Trevor S. Kunz, Jeffrey Billo

SMU Data Science Review

The United States has made it clear; it is imperative that the US wins the global AI race. This paper focuses on one of the most challenging puzzle pieces surfaced at the POWER Data Center conference (San Antonio, Sept. 30.); for Electric Reliability Council of Texas (ERCOT) the limiting factor is not generation alone but the need to balance generation and load to preserve grid reliability.

The regulatory landscape fundamentally changed with the passage of Texas Senate Bill 6 in June 2025, which mandates new large loads must "contribute to the recovery of the interconnecting electric utility’s costs" (Texas Legislature, …

Redesigning Online Graduate Orientation To Foster Academic Resilience And Prevent Underperformance, Stella Michael-Makri, David E. Rodriguez

Journal of Academic Underperformance

Graduate students in fully online programs often begin their academic journey without adequate preparation for the emotional, structural, and cultural challenges of graduate-level work. For students who are first-generation, racially marginalized, international, or returning to education after time away, this lack of scaffolding can lead to early disengagement, underperformance, or attrition. Orientation, often treated as a checklist of logistical tasks, represents a missed opportunity for meaningful academic intervention. This manuscript proposes a five-module conceptual model for online graduate orientation designed to proactively support online graduate students in the domains of emotional regulation and academic identity, time management and executive functioning, …

Strategic Theory And Clausewitz’S Trinitarian Test, Lukas Milevski

The US Army War College Quarterly: Parameters

Carl von Clausewitz’s trinity represents a qualitative test for strategy in both theory and practice. With the trinity, Clausewitz transforms competing influences into a mark of theoretical quality. Synthesizing several translations of Clausewitz’s On War and interpretations by experts such as Hew Strachan, Antulio J. Echevarria II, and Frank G. Hoffman, this article suggests that Clausewitz believed that good theory encompasses and accounts for all fundamental forces of war, whereas bad theory emphasizes the extremes of one force. The trinity compels mandatory considerations for students of theory, war planners, and practitioners.

Factors For Patient Trust And Acceptance Of Medical Artificial Intelligence, Ana Bracic, Kayte Spector-Bagdady, Sophie Towle, Rina Zhang, Cornelius A. James, Nicholson W. Price Ii

Articles

Artificial intelligence (AI) is increasingly used in clinical care, but widespread adoption requires patient trust. Trust may be enhanced through systemic governance mechanisms or frontline clinicians providing a human in the loop for AI oversight. However, it is unclear how different approaches specifically influence patient trust in the use of medical AI. The objective is to determine the extent to which patient trust in and choice of medical scenarios involving AI are associated with governance mechanisms, clinician presence, performance, and data quality.

Logic, Experience, Dan Pengembangunan Hukum, M. Rachim Sjaian, S.H.

Jurnal Hukum & Pembangunan

Abstract

Bruen As Heller: Text, History, And Tradition In The Lower Courts, Leo Bernabei

Fordham Law Review Online

The Constitution and conventional wisdom suggest that lower courts must follow the most persuasive interpretations of U.S. Supreme Court precedent. But that does not always happen. Scholars recognize judicial under enforcement of Supreme Court precedent in several fields. This Essay contributes to this scholarship by analyzing lower court applications of New York State Rifle & Pistol Ass’n v. Bruen, in which the Supreme Court held that firearm laws must be consistent with the nation’s historical tradition of firearm regulation. The lower courts vary widely in their approaches to analyzing gun laws under this standard. On one end, a small …

Gambling In Pre-Statehood Alaska, Robert M. Jarvis

UNLV Gaming Law Journal

This article concerns gambling in Alaska in the period prior to statehood (1867– 1958). While the courts in this era did not generate very many gambling opinions, the ones they did issue provide a feel for what life was like in the region. In addition, Alaska’s current ban on most forms of gambling can be directly traced back to its first gambling law (1884).

Behind The Black Box: Employer Accountability For Algorithmic Hiring Bias, Nicole Capp

The Business, Entrepreneurship & Tax Law Review

AI hiring tools are now ubiquitous in employment, promising efficiency, cost savings, and reduced human bias. Yet these systems often operate as “black boxes,” replicating or amplifying existing biases and raising significant legal concerns under Title VII of the Civil Rights Act of 1964. Even without discriminatory intent, AI trained on historical hiring data can produce disparate impacts, exposing employers to liability for outcomes they cannot fully understand or explain. Plaintiffs face steep challenges in litigating such claims, particularly in identifying specific practices, demonstrating causation, and proposing feasible alternatives. This article examines how AI perpetuates discrimination in hiring, analyzes the …