Digital Commons Network^™

Data Management Plans For Grant Proposals, Rubab Shahzad

Day Family Research Lab Workshop Series

Fundamentals of research data management and how to create effective Data Management Plans (DMPs) and Data Management Sharing Plans (DMSP)

Lake Powell And Lake Mead Are Moving In Opposite Directions -- What Gives?, Jack Schmidt, Eric Kuhn, Anne Castle, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

No abstract provided.

Project Risk Management In Ai-Enabled Systems: Managing Ethical, Privacy, And Governance Risks, Onome Cynthia Anakanire

Harrisburg University Dissertations and Theses

This research examined how Artificial intelligence (AI) has been embedded in project-based work, particularly in finance and software industries, where it enables efficiency and assists in complex decision-making. However, these innovations introduce significant ethical, privacy, and governance risks that traditional project risk management frameworks fail to adequately address. This study investigated how project managers can systematically integrate the management of these emerging risks into AI-enabled projects. Using a qualitative research design, the study drew on semi-structured interviews with project managers, compliance officers, and AI developers in finance, software and related sectors. Supplementary data included internal project documentation and risk registers. …

Three Economist’S Tools For Antitrust And Merger Analysis: Case Applications, Russell W. Pittman

Yearbook of Antitrust and Regulatory Studies

This paper presents a non-technical introduction to three economic tools that have in recent years become widespread in competition law enforcement in general and in the analysis of proposed mergers in particular: critical loss analysis, upward pricing pressure, and the vertical arithmetic. In addition, for each tool, its use in a recent U.S. merger case is illustrated: for critical loss analysis, the Novelis/Aleris merger; for upward pricing pressure, the GE/Electrolux merger; and for the vertical arithmetic, the Comcast/NBCU joint venture.

Reinforcement Learning: A Paradigm Shift In Ai Training And Its Competitive Implications, Elena Ponte

Journal of Business & Technology Law

No abstract provided.

Cjcr Publishes Volume 27, Issue 1 (Fall 2025), Michele Kallo

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 27, Issue 1 (Fall 2025). The print edition of the issue has also been released.

Accessible at Volume 27.1: Fall 2025, this issue contains a transcript from the Twenty-Fourth Annual International Advocate for Peace Award, Honoring Dr. Zafra M. Lerman; a transcript from the United States Court of Appeals for the Second Circuit; Articles by Yael Efron and Kristen M. Blankley; and Notes by Jilly Horowitz, Michele Kallo, and Natalie Pearson.

No Patent Attorney In Their Right Mind: How Jepson Claims Clarify Subject Matter Eligibility Post-Mayo, Jared M. Brown

Journal of Intellectual Property Law

Patent practitioners have gradually shelved Jepson claims for four decades. In those four decades, Supreme Court patent subject matter eligibility jurisprudence has taken a roller-coaster ride from an ancient point-of-novelty approach through the days of Diamond v. Diehr and back to a modernized arguably point-of-novelty-focused approach again in Mayo and Alice. In the absence of congressional action, the Federal Circuit has been left to deal with the aftermath. The inventive landscape—particularly with regard to biotech and software—is shifting fast, and our patent scheme is struggling to keep up.

In the case of software inventions, the Federal Circuit has largely …

Trade, Tariffs, Sanctions, And Security: A Framework For Judicial Review, Cory Alexander Evans

UF Law Faculty Publications

National security and international trade, and their intersections, have become critical focuses for recent administrative action. It was once rare to invoke national security as a justification for tariffs and restriction on foreign investment, but it has now become increasingly common. Courts reviewing these measures have largely defaulted to deferential approaches developed in an earlier era—one in which such actions were infrequent and rarely litigated. But in an era where assertions of national security are more common, this dogmatic jurisprudential approach lacks coherence. A new framework is needed to better guide judicial review.

This Article proposes that new framework. It …

Reconceiving Safety Regulation For Ai And Ml Medical Software, Barbara J. Evans, Eric S. Rosenthal, Azra Bihorac

Vanderbilt Journal of Entertainment & Technology Law

This article explores the challenges of regulating AI and ML clinical decision support tools intended to assist trained health care professionals in delivering clinical care. Two old, twentieth-century regulatory models have dominated discussions of medical AI policy since 2013. Thinking inside these old regulatory boxes has not produced effective regulatory solutions to address the novel risks AI poses in clinical care. The first regulatory box treats software as a medical device, which tasks medical device regulators with making software safe but neglects the crucial roles physicians, nurses, administrators, medical practice regulators, and other health oversight bodies must also play to …

The Case For Ai Authorship In Copyright Law, Cheng Lim Saw, Duncan Lim

Research Collection Yong Pung How School Of Law

Today, with generative AI, literary and artistic works can be created almost effortlessly. There is at present intense debate as to whether works generated by AI – broadly categorised as “AI-assisted” and “AI-generated” works – ought to attract copyright protection. AI-assisted works are those that involve some degree of human intervention. Where AI-generated works are concerned, however, such works are created autonomously by the AI itself with minimal (de minimis) input from an identifiable human being. Presently, it is generally accepted that AI-generated works do not attract copyright protection for want of a human author. This article examines whether it …

House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio

Missouri Law Review

“Taxes are what we pay for civilized society.” No one has offered a simpler rationale for the American tax system than the former Supreme Court Justice Oliver Wendell Holmes, Jr. Despite their inevitability, taxes remain universally dreaded and misunderstood by Americans, but none more so than property taxes. Without property taxes, life as everyday Americans understand it would cease to exist. From streets to schools, from libraries to fire departments, the budgets of indispensable public services, which enable communities to flourish, would collapse.

Constitutional Interpretation As Problem Solving: How The Modalities Work, Jack M. Balkin

Texas A&M Law Review

The standard forms of constitutional argument—the modalities—are central to one of the most important approaches to constitutional interpretation: constitutional pluralism. Both originalists and non-originalists use the modalities. This Essay explains how they work. The modalities of constitutional argument are shared cultural tools for thinking about the Constitution, analyzing legal problems, and formulating arguments to resolve them. Constitutional interpretation is a kind of problem solving, and the modalities are our legal culture’s toolkit for analyzing and solving constitutional problems.

Our use of the modalities presumes that at any point in time, some arguments are better than others. This assumption is central …

Land Use And Sovereignty Along The Catawba River, Thomas C. Brugh, Lucile C. Rencher

Student Scholarship

This document-based case study explains how land-use change along the Catawba River Corridor (Lancaster and York Counties, South Carolina) has been produced through the interaction of property rights (dominium) and rule-setting authority (imperium), showing why sovereignty continues to shape development even after land disputes appear “settled.” Through analyzing legal records (Treaty of Nation Ford, the 1959 Catawba Division of Assets Act, the 1986 Supreme Court timing decision, and the 1993 Settlement Act), planning documents, parcel records, and field observations, we trace how shifting jurisdiction and title certainty structured what kinds of land uses were possible and when. We argue that …

Adaptable Ai Apprentices: Law Practice Sidekicks, Henry H. Perritt, Jr.

University of Miami Law Review

Two case studies involving motorcycle-accident negligence and administrative law in the context of drone regulation violations explore the transformative potential of generative AI in legal practice. Four AI engines—DeepSeek, Claude, ChatGPT, and Grok—were asked to analyze transcripts of client interviews by identifying legal claims and assessing their strengths and weaknesses.

The results demonstrate that current AI technology effectively processes natural-language client interviews, identifies viable legal theories, and assesses claim strengths and weaknesses in both tort and administrative law contexts. The AI systems demonstrated proficiency in parsing legal theories and citing relevant statutes and administrative regulations, though case citations were frequently …

Law Schools Should Teach How To Integrate Ai Tools Into Practice, Robert A. Mackenzie, David J. Reiss

Cornell Law Faculty Publications

Now that artificial intelligence tools for lawyers are widely available, we decided to integrate them for a semester in our Entrepreneurship Clinic. We have some important takeaways for legal education in general and the transactional practice of law in particular.

First, employers and educators need to account for law students who already are using AI tools in their legal work and guide new lawyers about how to use such tools appropriately.

Second, different AI products lead to wildly different results. Just demonstrating this to law students is very valuable, as it dispels the notion that AI responses can replace their …

Advancing The Rights Of Nature: Lessons From Sauk-Suiattle V. City Of Seattle, Harry S. Katz

American Indian Law Journal

Advocates for the “rights of nature” seek recognition of legal rights for natural elements such as mountains, rivers, and non-human species as a means of protecting the environment. In the United States, Tribal Nations have been at the forefront of this nascent movement. In a 2022 Washington state case, the Sauk-Suiattle Indian Tribe sued the City of Seattle, alleging that the City’s hydroelectric dams on the Skagit River infringe upon the rights of salmon. Those rights, they claim, include the salmon’s rights to exist, flourish, regenerate, and evolve. The case, known as Sauk-Suiattle Indian Tribe v. City of Seattle, …

Algorithmic Editors: Section 230, Big Tech, And The Need For Clarity, Richard Gruters

Seton Hall Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

When Ownership Meets Licensing–New Normative Expectations And The Need For Nft Categorization: All Your Projects “Are” Belong To Us, Charles Belle

UC Law Science and Technology Journal

The current treatment of all NFTs in legal scholarship as identical digital assets fundamentally misunderstands their varied applications and the new normative expectations they create. The Moonbirds controversy of 2022, where a creator’s unilateral license change affected nearly 20,000 token holders, exemplifies the crisis: token holders believed they owned digital assets that could be controlled and commercialized, but existing copyright frameworks treat NFTs merely as licenses subject to creator discretion. Picture for Profile (PFP) Projects—community-based NFT collections involving thousands of tokens often with governance and commercial rights—combine concepts of possession, community governance, and commercialization in ways that challenge traditional intellectual …

Private Money: Stablecoins, Bitcoin, And The Genius Act, Henry H. Perritt Jr.

UC Law Science and Technology Journal

Cryptocurrency has been legalized in the United States. The 2025 GENIUS Act provides a sensible regulatory framework for cryptocurrency as a medium of exchange while avoiding predicted monetary chaos. The Act correctly distinguishes between volatile fiat cryptocurrencies like Bitcoin, which are unsuitable as payment mechanisms, and stablecoins backed by traditional currencies and reserves.

Historical analysis spanning American monetary systems from the “free banking era” before 1860 through modern digital payments demonstrates that private money has long coexisted with government currency but requires appropriate regulation to prevent bank runs, fraud, and monetary instability. The GENIUS Act addresses key cryptocurrency risks—technological failures, …

Artificial Investments: Consumer Protection For Ai-Generated Quantitative Trading Algorithms, Eric Heyland

St. Mary's Law Journal

No abstract provided.

Exploring The Role Of Occupational Therapy In The Delivery Of Trauma-Informed Services To Hospital-Based Clients Ot, Frank Czuba

Journal of Applied Disciplines

Hospitalization can traumatize clients and impact overall health outcomes, leading to increased hospital readmission rates and resulting in a negative impact for both clients and providers. Limited information exists regarding how hospital-based occupational therapists evaluate and address trauma, even though incorporating trauma-informed principles into professional practice can enhance the occupational therapy process. The study explored the comprehension and perceived significance of trauma-informed tenets among occupational therapists delivering services in hospital-based settings. A quantitative research study with an exploratory design was implemented to explore how occupational therapists (OT) understand and utilize trauma-informed practices with their clients in a hospital setting. An …

Scaffolding Minimum Age Thresholds, Eve Rips

UIC Law Open Access Faculty Scholarship

No abstract provided.

When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann

Journal of Earth and Life Science

For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …

Digital Redlining In The Smart City: Artificial Intelligence, Housing Law, And Structural Urban Inequality, Spurthi Nrusimhadevara

Undergraduate Scholarship and Creative Works

Artificial intelligence is increasingly used in urban housing systems, where it shapes decisions about tenant screening, rent pricing, lending, zoning, and neighborhood investment. Although these tools are often promoted as efficient and impartial, they frequently rely on historical data that reflect racial, economic, and spatial inequality. As a result, AI systems can reproduce discriminatory outcomes even when protected characteristics are not directly used. This paper examines digital redlining in the smart city and argues that algorithmic housing tools mirror long standing structural inequities that raise significant concerns under fair housing and civil rights law. It evaluates how automated screening, predictive …

Trump's War On Diversity, Equity, And Inclusion, Nancy C. Marcus

Faculty Scholarship

Among the many head-spinning developments that have occurred from the first days of President Trump’s second presidency are his attacks on DEI (diversity, equity, and inclusion), including anti-DEI edicts targeting educational institutions. This article provides a chronology and analysis of the early 2025 Trump administration’s attacks on DEI targeting schools nationwide, the resulting harms, and responses thereto, including litigation. A discernible refrain in the early litigation challenging President Trump’s anti-DEI attacks targeting educational institutions across the country has been how those attacks cross a clear constitutional line: the prohibition of unconstitutionally obscure governmental mandates. At its core, the void-for-vagueness doctrine …

Deepseek And The First Amendment: Assessing The Eighth Circuit And Missouri’S Legal Impact On Open-Source Ai, Alvin Hoi-Chun Hung

Missouri Law Review

The rise of open-source generative artificial intelligence (AI) models presents new challenges for First Amendment jurisprudence. Although computer code has been recognized as protected speech, the emergent nature of AI-generated outputs complicates the boundary between human expression and machine autonomy. This Article examines the constitutional and regulatory implications of compelled disclosures and content filtering, situating the analysis within the precedent of the Eighth Circuit Court of Appeals and recent actions by the Missouri Attorney General targeting algorithmic opacity under consumer protection law. It further examines the limitations of Section 230 of the Communications Decency Act in addressing liability for autonomous …

Considerations For Assigned Water After Expiration Of The 2007 Guidelines, Kathryn Sorensen, Sarah Porter, Anne Castle, John Fleck, Eric Kuhn, Jack Schmidt, Katherine Tara

The Traveling Wilburys of the Colorado River

As Colorado River supplies and demands reach razor-thin margins, new tools to provide adaptive capacity will play a critical role in sustaining communities across the West. We must reduce our consumption of water, while finding ways to cushion the impact. One of the most innovative tools for doing this, developed over the last two decades, is “Assigned Water” - giving users the ability to store conserved water earmarked for their own future use. Originally developed as “Intentionally Created Surplus” in the 2007 Colorado River Interim Guidelines, Assigned Water has been revised and expanded through U.S. Mexico Treaty Minutes and as …

Big Tech As Transnational Spyware Regulator, Natalie R. Davidson

Fordham Intellectual Property, Media and Entertainment Law Journal

Spyware has emerged as a potent tool for leaders to shrink dem- ocratic contestation. In response to calls for constraints on the trade in spyware, states have updated the principal multilateral agree- ment on export controls, civil society groups have employed strate- gic litigation, and the European Union has altered its regulation, in each case with the aim of limiting exports where there is a risk of human rights violations. Yet, scandals involving the Israeli company NSO, among others, have made clear that even the updated regula- tory landscape is inadequate. Many actors are currently debating the reasons for existing …

The Deregulation Of Cancer, Daniel G. Aaron

Utah Law Faculty Scholarship

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 …