Digital Commons Network^™

Holmesian Persons And The Administrative State, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Governing Complexity: Integrating Science, Governance, And Law To Manage Accelerating Change In The Globalized Commons, Barbara Cosens

Articles

The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental …

Taxing Big Data: A Proposal To Benefit Society For The Use Of Private Information, Ziva Rubinstein

Fordham Intellectual Property, Media and Entertainment Law Journal

Artificial intelligence, the technology that is currently shaping our world, relies on the data that each individual supplies. In 2017, the Economist magazine asserted that “the world’s most valuable resource is no longer oil, but data.” This assertion is supported by the current data market, which became a hundred-billion-dollar industry in the data broker market alone. However, despite its immense value, individuals are not compensated when their data is collected, shared, or when that data is used to replace them in the job market. Further, companies are legally avoiding taxes on this resource, both during its collection and on the …

The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

Shareholder proposals attract attention from scholars in finance and economics because they present an opportunity to study both quasidemocratic decision-making at the corporate level and the impact of this decision-making on firm outcomes. These studies capture the effect of various proposals but rarely address whether regulations should allow many of them in the first place due to the possibility of stock price manipulation. Recent changes to shareholder proposal rules, adopted in September 2020, sought to address the potential for exploitation that some proposals create (but ultimately failed to do so). This Article shows the potential for apparently legal stock price …

Taxing Buybacks, Daniel Daniel, Gregg Polsky

Articles

No abstract provided.

The Eventual Decline Of Empirical Law And Economics, Saul Levmore

Articles

No abstract provided.

The (Unnoticed) Revitalization Of The Doctrine Of Equivalents, Daryl Lim

Faculty Scholarly Works

No abstract provided.

Legal Analysis, Policy Analysis, And The Price Of Deference: An Empirical Study Of Mayo And Chevron, Jonathan H. Choi

Articles

No abstract provided.

Hidden Rules Of A Modest Antitrust, Ramsi Woodcock

Law Faculty Scholarly Articles

Reforming antitust’s rule of reason by shifting burdens of proof to defendants will not solve antitrust’s enforcement drought. For the drought is due in part to the cost to enforcers of identifying rule of reason cases to bring and not just to the cost of winning the cases that enforcers do bring. Enforcement costs matter because enforcers’ budgets are limited—they have failed for a long time to keep up with GDP—and the rule of reason’s emphasis on case-specific effects makes it costly for enforcers to identify good cases to bring. The Supreme Court’s adoption of the rule of reason approach …

The Intersection Of Race And Algorithmic Tools In The Criminal Legal System, Vincent M. Southerland

Maryland Law Review

No abstract provided.

Carbon Taxes And Economic Inequality, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

Anti-Science Ideology, Shi-Ling Hsu

Scholarly Publications

Political attacks against scientists and scientific research are nothing new, though the Trump Administration appears to have increased both the breadth and the depth of such attacks. What is new, it seems, are attacks on science that are not in service of protecting any identifiable regulated industry. Under the Trump Administration, the attacks on science are more systemic, and aimed more at reducing scientific capacity in the federal government, rather than mere one-off policy interventions to help an individual industry.

This Article suggests that the Trump Administration, more than previous administrations, has sought to use science as part of a …

Communities Of Interest In Colorado Redistricting, David Willner

University of Colorado Law Review

Part I of this Article will provide background on redistricting in Colorado, including an overview of recent developments regarding the establishment of an independent commission. Part II will describe the two federal constitutional requirements for redistricting and then explore the state-specific redistricting criteria used in Colorado. Part III includes a geographic profile of the distinct regions of Colorado and then delves into an examination of how communities of interest have been increasingly used in Colorado redistricting during three of the past four redistricting cycles. Part IV of this Article will critique the use of communities of interest and focus on …

Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray

Catholic University Journal of Law and Technology

The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …

Perma.Cc And Web Archival Dissonance With Copyright, Paul D. Callister

Faculty Works

Harvard’s Perma.cc offers the solution to linkrot—the phenomenon that citations in academic journals to web materials disappears with the passage of time, resulting in “broken links” and disappearance of material from the Web.

This article will describe Perma.cc and outline the kinds of copyright issues that may arise, including heavy use of copyright statutes and caselaw. It will examine the kind of preservation use of copyrighted materials, with reference to fair use, and the library prerogatives as exceptions to the exclusive rights of authors of materials found on the Web. This analysis includes detailed analysis of “transformative use” and the …

The Automated Administrative State: A Crisis Of Legitimacy, Ryan Calo, Danielle Keats Citron

Articles

The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative agencies have been on firm footing for a long time in reverence to their critical role in governing a complex, evolving society. They are delegated enormous power because they respond expertly and nimbly to evolving conditions. In recent decades, state and federal agencies have embraced a novel mode of operation: automation. Agencies rely more and more on software and algorithms in carrying out their delegated responsibilities. The automated administrative state, however, is demonstrably riddled with concerns. Legal challenges regarding the denial …

Facial Recognition And The Fourth Amendment, Andrew Guthrie Ferguson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Random Selection For Scaling Standards, Michael Abramowicz

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Influence Of Alice: A Response To Jay P. Kesan & Runhua Wang’S Eligible Subject Matter At The Patent Office: An Empirical Study Of The Influence Of Alice On Patent Examiners And Patent Applicants, 105 Minn. L. Rev. Headnotes 345 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

The (Unnoticed) Revitalization Of The Doctrine Of Equivalents, 95 St. John's L. Rev. 65 (2021), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Getting It: The Ada After Thirty Years, Elizabeth F. Emens

Faculty Scholarship

On the thirtieth anniversary of the Americans with Disabilities Act (ADA), this essay examines the vital role that attitudes have played — and will play — in the success of this pathbreaking civil rights law. Drawing on the legacy of the late disability philosopher and bioethicist Adrienne Asch, the essay argues that the law alone cannot bring about the change that’s needed in the United States to realize the ADA’s promise. Attitudes to disability need to change. More people need to “get it” with regard to disability. The essay puts forward an updated account of what it means to get …

Entrenched Racial Hierarchy: Educational Inequality From The Cradle To The Lsat, Kevin Woodson

Law Faculty Publications

For my contribution to this special issue of the Minnesota Law Review, I will attempt to situate the problem of black underrepresentation at America’s law schools within the broader context of racial hierarchy in American society. The former has generated an extensive body of legal scholarship and commentary, centering primarily on the racial impact of law schools’ admissions criteria and procedures, particularly the substantial weight placed upon the Law School Admissions Test (“LSAT”). This focus is understandable: given the substantial racial disparities in LSAT performance and the test’s relatively limited value in predicting academic and professional outcomes, it makes sense …

The Evidence Rules That Convict The Innocent, Jeffrey Bellin

Faculty Publications

Over the past decades, DNA testing has uncovered hundreds of examples of the most important type of trial errors: innocent defendants convicted of serious crimes like rape and murder. The resulting Innocence Movement spurred reforms to police practices, forensic science, and criminal procedure. This Article explores the lessons of the Innocence Movement for American evidence law.

Commentators often overlook the connection between the growing body of research on convictions of the innocent and the evidence rules. Of the commonly identified causes of false convictions, only flawed forensic testimony has received sustained attention as a matter of evidence law. But other …

Nfts And The Art World - What's Real, And What's Not, Michael D. Murray

Law Faculty Scholarly Articles

This Article explores the reality and mythology of NFTs in art law and in the art world by unpacking six myths, misconceptions, and poorly understood truths about NFTs that prevent persons, and particularly art law lawyers, from understanding the role NFTs are playing and could play in the art world and beyond. The Article discusses the legal and financial attributes and potentialities of NFTs for artists, galleries, dealers, investors, museums, and, most especially, for lawyers who advise the players in the art world. The six myths or misconceptions are:

-Myth 1: NFTs are artworks.

-Myth 2: NFTs create a false …

Why Financial Transparency Without Financial Literacy Is Not Enough: The Global Impact Of Education On Financial Literacy Rates, Jenn Schlumpf

Loyola Consumer Law Review

No abstract provided.

The New Tipping Point: Disruptive Politics And Habituating Equality, Rachel D. Godsil, Sarah E. Waldeck

Emory Law Journal

This Essay argues that the events of 2020 opened a window of political opportunity to implement policies aimed at dismantling structural injustice and systemic racism. Building on the work of philosopher Charles Mills and political scientist Clarissa Rile Hayward, we argue that the Black Lives Matter Movement constituted the “disruptive politics” necessary to shift dispositions of many in the United States toward racial equity by interrupting the white “epistemologies of ignorance.” Moreover, because policies that correct structural injustice are beneficial for people across race, even those whose hearts and minds remained closed may embrace legislative policies that function to dismantle …

Automated Trade Secret Asset Management: Sfp Classification, Eona Proofs, Blockchaining, And Dtsa Civil Seizure Orders, 20 Uic Rev. Intell. Prop. L. 145 (2021), R. Mark Halligan

UIC Review of Intellectual Property Law

No abstract provided.

A Proposal For A More Objective Method In Determining The Extent Of Similarities Between Musical Works For The Purpose Of Probative Copying, 20 Uic Rev. Intell. Prop. L. 251 (2021), Rachael Belensz

UIC Review of Intellectual Property Law

No abstract provided.

Federal Circuit’S Jurisprudence Of The Patent-Eligibility Analysis: Toward A Bright-Line Rule, 21 Uic Rev. Intell. Prop. L. 16 (2021), Ping-Hsun Chen

UIC Review of Intellectual Property Law

No abstract provided.

Democracy, Distrust, And Judicial Umpiring In G-20 Nations, Steven Gow Calabresi

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.