Digital Commons Network^™

Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton

The Business, Entrepreneurship & Tax Law Review

The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …

Some Things Are Actually Nails: The Value Of Randomized Experiments Across Legal Theories, Hajin Kim, Kevin Tobia, Kristen Underhill

University of Chicago Law Review

Experiments sometimes get a bad rap. Critics allege that they don’t illuminate how the real world works, are subject to p-hacking and manipulation, and often don’t study the most important populations of interest. We examine historical uses of experiments to generate knowledge for legal academia. Recently, experiments have become associated with law and economics as part of a broader coupling of quantitative empirical work with law and economics. But experimentation is a highly adaptable, if imperfect, research method that can support causal claims and test assumptions that are useful across many legal theories, including law and political economy. We discuss …

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

Reason Enough: The Wrongful Extension Of Asylum’S “One Central Reason” Nexus Standard To Withholding Of Removal, Elaine Hernandez Flores

Washington Law Review

Noncitizens often come to the United States seeking protection from violence, persecution, or life-threatening conditions in their home countries. However, upon arrival, many noncitizens are placed in removal proceedings and face deportation back to the very dangers they escaped. U.S. immigration law provides various forms of relief from deportation, most notably asylum and withholding of removal. Both forms require the applicant to show a connection—or “nexus”—between the persecutor’s motive for persecuting them and one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Although asylum and withholding of removal both require a noncitizen …

Bankrupt Crypto Organizations, Kara Bruce, Christopher K. Odinet, Andrea Tosato

North Carolina Law Review

No abstract provided.

Trademarks Beyond The Dictionary: A Corpus Linguistics Approach To The International Implementation Of The Rule Of Foreign Equivalents, George Mcmullin

Nevada Law Journal

No abstract provided.

The Indian Law Aunties, Torey Dolan

UMKC Law Review

No abstract provided.

Resisting Overcompliance, Meera E. Deo

UMKC Law Review

No abstract provided.

Glp-1 Drugs And The Emerging Mass Tort Crisis: Navigating Legal Risks And Regulatory Gaps, Angelina Ferrara

UMKC Law Review

No abstract provided.

Regulating Big-Bank Capital: Legal Vulnerabilities Of The Enhanced Supplementary Leverage Ratio Reform, Kavita Kay

North Carolina Banking Institute

No abstract provided.

Combatting Authorized Push Payment Fraud: Which Regulatory Approach Should The United States Adopt?, Garrett S. Grewal

North Carolina Banking Institute

No abstract provided.

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 …

Should North Carolina Allow Credit Unions To Serve Banking Deserts?, Sean M. Leider

North Carolina Banking Institute

No abstract provided.

Foreward, Sarah M. Campbell, Lissa L. Broome

North Carolina Banking Institute

No abstract provided.

Financial Data Security In The Quantum Age: Evaluating The Effectiveness Of The Gramm-Leach-Bliley Act's Safeguards Rule, Shivan Moodley

North Carolina Banking Institute

No abstract provided.

Private Credit Growth And Systemic Importance: Evaluating The Case For Nonbank Sifi Status, Andrew T. Sumichrast

North Carolina Banking Institute

No abstract provided.

Thirty Years, Give Or Take: Reflections On My Life In Banking, Joseph A. Smith Jr.

North Carolina Banking Institute

No abstract provided.

Front Matter, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

Payment Stablecoin Holders First In Line: Genius Act Amendments To The Bankruptcy Code Threaten Debtor-Ppsi's Ability To Reorganize Successfully, Makenzie R. Leonard

North Carolina Banking Institute

No abstract provided.

Fostering An Equitable Scrum: A Conceptual Framework For Using Antiracist Enrollment Management Practices To Counter Job Market Discrimination, Aaron N. Taylor

AccessLex Institute Research

For most law students, attending law school is an investment. At stake are immense amounts of time and money spent pursuing the degree. The most desired payoff is a lucrative and fulfilling career. This chapter argues that law schools must adopt enrollment management practices that attempt to account for the job market their entering students will face at graduation. In proffering this argument, the chapter presents a conceptual framework for aligning class size targets to the future job market and proposes an equity-based approach to tuition discounting that accounts for job market racism. Graduates of color, particularly Black graduates, experience …

Free Speech Trapped In Amber: The Rise Of The 'History And Tradition' Test, From Unregulated Guns To Highly Regulated Speech, Matthew D. Bunker, Emily Erickson

William & Mary Bill of Rights Journal

An insidious virus appears poised to invade First Amendment free speech doctrine. “History and tradition,” a deeply flawed variant of originalism, threatens to transform speech law from a rational enterprise, employing tiers of scrutiny to evaluate potential infringements on speech, to a random scavenger hunt through the distant past that could upend numerous vital First Amendment principles.

Traditionalism’s ascendence to the forefront of history-centric constitutional interpretation was heralded in three dramatic cases decided at the end of the U.S. Supreme Court’s October 2021 term. New York State Rifle & Pistol Ass’n v. Bruen elicited particular concern among First Amendment scholars, …

Does Article I Of The Constitution Prohibit The States From Creating Their Own Cryptocurrencies?, Kevin Fontenot

William & Mary Bill of Rights Journal

The market for cryptocurrency (crypto) has exploded in size since the first cryptocurrency, Bitcoin, was created in 2009. As of September 4, 2024, the value of all existing cryptocurrency was $2.02 trillion. On November 14, 2024, this value reached a high of $3.2 trillion, apparently in response to the election of pro-crypto President Donald Trump. Despite the fact that cryptocurrencies have been at the forefront of many high profile scandals, consumers still flock to them. For example, celebrities including Hailey Welch (colloquially known as “Hawk Tuah girl”), Logan Paul, and Jason Derulo have been criticized for allegedly goading consumers into …

Confronting Imitation: Questioning Fair Use After Warhol, Genevieve Stegner-Freitag

William & Mary Bill of Rights Journal

The Constitution’s Intellectual Property Clause (IP Clause) contains a mandated goal of “progress” for copyright. Efforts to address what progress means move between some understanding it to be a specific Enlightenment-oriented term, progress as a forward-moving, Judeo-Christian ideal, to others viewing the term as strictly economic, understanding the goal of copyright is to get as many different products in the market as possible. Defining what progress means in copyright law is a necessary step, as courts are increasingly considering market forces in granting or denying authorial property rights. This Note addresses what progress means, how imitative art factors in, and …

Beyond Equality To Belonging: The Missing Value In Equal Protection Law Involving Education, Danieli Evans

Washington Law Review

Belonging is a fundamental need without which people cannot function optimally. Accordingly, school belonging—students’ perceptions of mattering or feeling cared about, accepted, respected and valued by faculty, staff, and peers—impacts students’ well-being, academic motivation and outcomes.

Equal Protection jurisprudence governing education largely overlooks the value of school belonging. Instead, it centers on a formal conception of equality, or an “anti-classification” principle, which essentially prohibits purposeful discrimination based on a fixed set of suspect traits. This formalistic “anti-classification” approach permits many policies and practices that undermine students’ sense of school belonging and inhibits schools from taking certain measures to foster belonging. …

Engendering Human Rights Through Clinical Legal Education, Caroline S. Bettinger-Lopez

UMKC Law Review

No abstract provided.

Engendering Authority: Social Movements, Legitimacy, And Gender, Judith Resnik

UMKC Law Review

No abstract provided.

Sex, Gender, And The Blogosphere: Looking Back At The Feminist Law Professors Blog, 2006-2024, Bridget J. Crawford

UMKC Law Review

The Feminist Law Professors blog began in 2006 as a modest effort to make feminist legal scholars more visible to one another and to the broader world. What emerged from this effort was a dynamic, collectively imagined space that bore witness to generational shifts in feminist legal thought, the rise and fall of blogging culture, and the enduring challenges of feminist community-building. This Essay reflects on the origins, evolution, and legacies of the Feminist Law Professors blog, situating it within its legal, cultural, and technological moments. It also offers my reflections—as one of two blog editors—on the risks and rewards …

The Future Of Working Families In A Riven Political And Moral Economy, Deborah Dinner

UMKC Law Review

No abstract provided.