Digital Commons Network^™

Levers Of Default: Can The President Unilaterally Alter The Terms Of The National Debt?, Lev E. Breydo, Nathan B. Oman

Faculty Publications

The inviolability of America’s $30 trillion debt is a cornerstone of global markets and the U.S. economy. This Essay identifies a critical loophole: the President’s underappreciated power to dramatically change its legal structure—and argues that Congress should act to prevent a potential catastrophe.

The Essay details, for the first time in the literature, the arcane legal architecture underpinning America’s sovereign borrowings. Our analysis finds that although the President lacks authority to change the terms of outstanding debt retroactively, the President can accomplish similar goals by issuing new debt instruments that embed unprecedented powers. In surprisingly short order, a determined Executive …

Evaluating The Effects Of Anti-Forensic Activities In Additive Manufacturing Devices, Daniel B. Miller

Shelby Hall Graduate Research Forum Posters

Additive Manufacturing (AM) is a newer famlily of production tecchologies that constructs objects by fusing layers of material into the desired shape. Methods for achieving this as described in Gibson et al. [1] are varied and include Fused Filament Deposition, Selective Laser Sintering, Stereolithography (SLA), and Powder Bed Fusion. Computers are integral to the processes being responsible for creating and decoding design instructions, collecting and processing sensor data, and, ultimately, directing the activity of the machines which implement the process. Additionally, the AM industry is rapidly expanding, worth an estimated $23 billion in 2023 and projected to reach $88 billion …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

J Mich Dent Assoc March 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The March 2026 (Volume 108, No. 3) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Most-Asked Dental Benefit Questions, an interview with ADA Speaker Dr. Deb Peters, …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

China And International Economic Dispute Settlement: Disaggregating The State, Gregory Shaffer, Ji Li, Henry S. Gao

Research Collection Yong Pung How School Of Law

Most studies take a unitary state-centric approach to assessing China’s relationship with international economic law. In contrast, we provide a more nuanced approach that assesses variation in China’s engagement. We examine the role of different Chinese state and non-state actors, considering their interests, ideological frames, institutional contexts, and relation to state power. We illustrate our analytic framework by examining China’s response to and engagement with international dispute settlement systems in three areas: international commercial arbitration, international trade dispute settlement, and investor–state arbitration. Our approach is important for global cooperation in discrete policy areas so that the West does not ‘other’ …

Disciplining Mechanisms: Governing Data Markets With Competition And Regulation, Peter Ormerod

Faculty Publications

The past decade has witnessed conceptual renewals in both competition law and information privacy law. These regulatory movements—Neo-Brandeis antitrust and structural data governance—share the objective of recalibrating the balance of power between individuals and the massive data-processing firms that now dominate modern life.

Despite their common ends, policy interventions drawn from these schools of thought can work at cross purposes: competitive pressure can induce data exploitation, and privacy rules tend to benefit the largest firms.

This Essay exposes the friction in their relationship and offers guidance on how to mediate their tension. Competition policy alone will prove ineffective at indirectly …

Online Age Gating: An Interdisciplinary Evaluation, Noah Apthorpe, Brett Frischmann, Yan Shvartzshnaider

Faculty Publications

The recent surge in regulation seeking to establish age-based governance online is part of a decades-long attempt to establish online zoning. It is driven by active development of technologies to estimate or verify user age based on various characteristics of users, their credentials, or their activities. However, these developments have heightened prevailing concerns that online age gating technology will inevitably be abused and misused to cause a variety of privacy harms and rights infringements. This paper examines this ongoing debate by bridging technical and legal scholarship to explore the current state of online age-based governance. We discuss the current legal …

Can Legal Knowledge Save Lives? A Randomized Experiment In Preventive Health Screenings, Christopher Robertson, Wendy Netter Epstein

Faculty Scholarship

While the U.S. healthcare system typically imposes significant out-of-pocket costs, the Affordable Care Act (ACA) requires full insurance coverage for certain preventive health services (PHS), including cancer screenings, without cost-sharing. Despite this policy, one in four eligible Americans remains unscreened for breast, colorectal, and cervical cancer, which increases their risk of premature death. We hypothesize that a lack of awareness about the ACA’s free care requirement contributes to this gap and that explicitly informing patients could increase screening uptake. Additionally, we investigate whether prior experiences with medical debt deter individuals from seeking even cost-free care, reflecting a spillover effect of …

Ia Et Maintien De L'Ordre : Rapport De Synthèse Des Connaissances Sur La Gouvernance Et L'Utilisation De L'Intelligence Artificielle Par La Police Au Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Les services de police de partout au Canada utilisent, ou explorent, un large éventail de technologies d'intelligence artificielle (IA), y compris la reconnaissance faciale, le maintien de l'ordre prédictif basé sur la localisation, les lecteurs de plaques d'immatriculation automatisés, les rapports de police assistés par IA, la reconnaissance d'objets et l'analyse vidéo, la surveillance des médias sociaux, la détection de coups de feu, le génotypage probabiliste et l'exploration de données.

Bien que promettant des avantages en matière de productivité et de sécurité publique, ces outils soulèvent également diverses préoccupations et risques. Le Canada manque actuellement de mesures législatives et de …

When Detention Becomes A Death Sentence: The Urgent Need For Greater Due Process Protections For Ice Detainees, Kyle J. Smith

Vanderbilt Law Review

This Note argues that U.S. immigration detention, though legally classified as civil, operates as a punitive carceral system that routinely subjects immigrants to abuse, neglect, and preventable death. Drawing on the tragic case of Ernesto Javier Rocha Cuadra and other documented instances of physical violence, medical neglect, solitary confinement, and sexual abuse, it demonstrates how U.S. Immigration and Customs Enforcement ('ICE') relies on detention as a default mechanism rather than as a last resort. The result is a system that mirrors the criminal legal system in scale and severity but denies detainees its constitutional safeguards.
The analysis situates the rise …

Ai & Policing: Knowledge Synthesis Report On The Governance & Use Of Artificial Intelligence By Police In Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Police services across Canada are using, or exploring, a broad range of artificial intelligence (AI) technologies, including facial recognition, location-based predictive policing, automated licence plate readers, AI-assisted police reports, object recognition and video analytics, social media monitoring, gunshot detection, probabilistic genotyping, and data mining.

While promising productivity and public safety benefits, these tools also raise various concerns and risks. Canada currently lacks AI-specific legislation and regulations governing these new technologies, or even a statement of principles on the governance and use of AI by police.

The Pay-To-Train Paradigm: How Private Settlements Are Rewriting Generative Ai Copyright Law, Kevin Afiesh

UC Law Journal

The legal landscape for generative artificial intelligence (AI) and copyright is now shaped more by private settlements that overwhelmingly favor copyright holders than by courts or legislators. As AI companies rely on copyrighted materials to train their models, content owners have filed lawsuits challenging these practices. However, instead of clarifying fair use limits in court, most disputes are resolved through private settlements. These agreements impose licensing fees, content restrictions, and compliance requirements, creating a shadow regulatory system that governs how AI companies access and use training data. Although courts and agencies have begun to weigh in, their interventions offer only …

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …

Religious Riders And The Sherman Act, Bailey Sanders

Michigan Law Review

Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have essentially argued that there is no harm in providing such exemptions to businesses because a competitive market will ensure consumers who might be denied services or goods by a religious firm can still obtain those goods and services elsewhere. But what if religiously minded businesses act in ways that are specifically designed to limit …

Pornographic Deepfakes And Ugly Social Facts: The Costs Of A Normative Approach To Defamation, Kathleen Ross

Michigan Law Review

Around the world, women and girls are being victimized by pornographic deepfakes— alarmingly convincing, sexually exploitative images and videos generated using artificial intelligence (AI). Facing statutory gaps, victims may turn to traditional tort law claims to recover for the injuries inflicted by pornographic deepfakes. Defamation law, which protects against reputational injuries caused by false statements, is a particularly compelling arena for vindicating the interests invaded by a pornographic deepfake—interests which are, at their heart, social and reputational. Fortunately for deepfake victims, a pornographic deepfake will often satisfy defamation’s basic elements: A false and defamatory communication that concerns the victim and …

Post-Chevron Deference In Asylum Proceedings, Shawn E. Fields

Cardozo Law Review

The Supreme Court held for four decades that Chevron deference should apply in all immigration proceedings. How, then, will asylum proceedings change in a post-Chevron world? When, and under what circumstances, will courts continue to defer to the findings of immigration judges and the Board of Immigration Appeals (BIA)? And why does it matter? This Article answers those questions.

These issues require urgent examination for three reasons. First, they directly confront an issue pending before the U.S. Supreme Court in Urias-Orellana v. Bondi: Without the protection of Chevron insulating BIA decisions from meaningful judicial review, can certain legal questions like …

A Primer On International Agreements Relevant To Marine Carbon Dioxide Removal, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

This primer provides an introduction to seven international agreements relevant to marine carbon dioxide removal (mCDR) research activities in the ocean. Each of these agreements has implications for whether, when, where, and how in-ocean mCDR projects will go forward. The primer is intended to provide policymakers, non-government organizations (NGOs), scientists, and others working on mCDR with an introduction to the agreements and explain their relevance to mCDR. It also offers guidance to those wishing to engage in discussions regarding mCDR under the agreements, which could help resolve open legal questions on their applicability to, and governance of, mCDR.

Liberal Trade And President Trump: Never The Twain Shall Meet, Joel Adu-Quaye, Petros C. Mavroidis

Faculty Scholarship

This paper seeks to distinguish between two consequences of the tariff policies enacted by both Trump administrations: (1) their adverse effects on free trade and (2) the existential damage inflicted upon the transnational institutions responsible for enforcing its rules and obligations. Although difficult to quantify the latter, there is an intuitive sense that this is what matters most. The global order appears to be shifting from a rule-based framework to one characterized by increasing disorder and unpredictability. Within this new world order, actions are permissible so long as they align with the, often ill-defined, national interests of powerful nations.

Terminating The Termination Policy Requirement: Protecting Internet Users And Service Providers By Expanding The Dmca Section 512(A) Safe Harbor, Michael Kritzer

Cardozo Law Review

The Digital Millennium Copyright Act of 1998 (DMCA) established “safe harbors” for Internet Service Providers (ISPs) against secondary liability for the copyright infringement perpetrated by their users. Among the requirements for eligibility for these safe harbors is a provision requiring ISPs to implement a policy for terminating repeat infringers. This Note proposes that Congress codify an exception to this termination requirement for a specific class of ISPs—“transitory” providers that solely provide internet access and do not control the information transmitted over their networks.

This Note examines the safe harbor and termination requirement through the lens of two recent secondary infringement …

Complicit Nullification: The Illegitimate (Abrogation) Of School Religious Liberty Precedent, Amanda Harmon Cooley

Cardozo Law Review

Louisiana has enacted legislation that mandates the display of the Ten Commandments in every public school classroom. This statutory mandate directly contradicts the Supreme Court’s extant precedent in Stone v. Graham. Legislators in Texas, North Dakota, South Dakota, Oklahoma, Tennessee, and Kentucky have also indicated plans to introduce similar unconstitutional legislation, defying the Supreme Court’s interpretations of the First Amendment’s Religion Clauses. Similarly, Texas and Florida now permit public school chaplains or Bible-based public school curricula, which violates the Court’s longstanding prohibitions on such actions, as established in its 1948 ruling in Illinois ex rel. McCollum v. Board of Education …

Sidewalk Living, Michael C. Pollack

Articles

In City of Grants Pass v. Johnson, the Supreme Court held that the Eighth Amendment does not prohibit a city from enforcing a criminal ban on encampments on public property such as parks and sidewalks. But even if municipalities are now permitted to use tactics such as policing, encampment clearing, arrests, and imprisonment, these are not the right ways to address the problems of public homelessness.

Instead, homelessness must be understood as one of many conflicts over limited public space. At its best, vibrant sidewalk life enhances communities and local economies. But at its worst, every use of these finite …

The New Red Scare: The Shocking Truth Behind The Fda's Unethical Regulation Of Red 40 And Other Synthetic Food Dyes, Angelica Martuscello

Pace Law Review

For decades, the U.S. Food and Drug Administration (FDA) has allowed synthetic food dyes to remain in the American food supply, despite evidence linking them to cancer and behavioral issues in children. These additives offer no nutritional value yet remain common in everyday products. This essay scrutinizes the FDA’s failure to enforce its own legal obligations, particularly its continued approval of synthetic dyes, which were later found to be harmful to human health. Harmful dyes have been kept on the market due to weak oversight, outdated science, and industry lobbying. In 2025, the FDA finally announced a plan to phase …

Lessons In Pedagogy: My Experience With Problem-Based Learning, Leslie Y. Garfield Tenzer

Pace Law Review

This Article chronicles my experimental adoption of Problem-Based Learning (PBL) in first-year Contracts. After three decades of conventional teaching, I observed that Gen Z students struggled to transition from undergraduate memorization strategies to law school-level analytical reasoning, prompting my desire to engage in a fundamental pedagogical change. Drawing on successful PBL implementations in medical and mathematics education, I restructured my Contracts course around collaborative problem-solving in small groups, transforming my role from lecturer to facilitator. Students worked through authentic legal scenarios at whiteboards, developing rule-based reasoning through active engagement rather than passive reception.

This article first details my reasons for …

Perlindungan Hukum Penyelenggara Peer To Peer Lending Dalam Penagihan Wanprestasi Peminjam, Gina Marliana, Moch Teguh Al Baisar, Khoirul Amri Saputera

Technology and Economics Law Journal

The rapid growth of the peer-to-peer (P2P) lending industry in Indonesia has increased financial access for the public and micro-businesses, but this has been accompanied by an increase in default risks that threaten the stability of the industry. This study analyzes the legal framework governing protection for P2P lending operators and ethical and legally compliant collection strategies when borrowers default. Various regulations, including the PDP Law, ITE Law, P2SK Law, POJK 10/2022, POJK 40/2024, and SE OJK 19/2023, stipulate that operators must implement strict governance, identity verification, personal data protection, and collection ethics. Although the risk of default is in …

Peranan Money Changer Dalam Upaya Pencegahan Tindak Pidana Pencucian Uang, Dwi Setiya Arumnandiya, Eko Irianto Prayudha -, Septa Cahya Kanugraha

Technology and Economics Law Journal

Money changers, formally classified as Non-Bank Foreign Exchange Trading Businesses (KUPVA Non-Bank), play a strategic role in Indonesia’s financial system by facilitating foreign exchange transactions and cross-border economic activities. Nevertheless, the cash-intensive nature of money changer operations, flexible transaction values, and potential cross-jurisdictional exposure render this sector vulnerable to misuse for money laundering offenses. This study examines the role of money changers in preventing money laundering by analyzing the legal framework governing KUPVA Non-Bank within Indonesia’s Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT). The discussion focuses on identifying vulnerabilities and potential money laundering typologies associated with money changer activities, as well …

Peran Ojk Dalam Pencegahan Fraud Pada Equity Crowdfunding: Studi Perbandingan Dengan Mekanisme Pengawasan Perbankan, Amanda Amelia Rizki, Ina Kurnia Savitri, Irsya Bakhtiar

Technology and Economics Law Journal

This study examines the role of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in preventing fraud in the implementation of Equity Crowdfunding (ECF) in Indonesia and compares it with the supervisory mechanisms of the banking sector, which are based on the prudential principle. Using a normative juridical approach and a comparative regulatory study, the research finds that although Financial Services Authority Regulation No. 17 of 2025 concerning the Offering of Securities through Information Technology Based Crowdfunding Services (POJK No. 17 of 2025) has strengthened the regulatory framework for ECF through licensing requirements, off-site and on-site supervision, issuer due diligence obligations, …

Efektivitas Lembaga Penjamin Simpanan (Lps) Dalam Meningkatkan Kepercayaan Masyarakat Berdasarkan Tinjauan Yuridis Dan Moral Hazard, Arnelia Kesumadianty, Desran Jw Saragih, Dwi Marlianto

Technology and Economics Law Journal

This study examines the effectiveness of the Indonesia Deposit Insurance Corporation (LPS) in enhancing public trust in the stability of the Indonesian banking system and analyzes the potential moral hazard arising from the deposit insurance scheme. Employing a normative juridical method with a descriptive-analytical approach, the research reviews the legal framework of LPS under Law Number 24 of 2004 and its amendments, as well as Law Number 4 of 2023 on the Development and Strengthening of the Financial Sector (P2SK), and compares it with deposit insurance practices in several other jurisdictions. The findings indicate that LPS plays a crucial role …

Marked For Prosecution: The Use Of Tattoo Recognition Technology In Criminal Trials And The Case For Evidentiary Limits, Marc Consalo

Mercer Law Review

In recent years, tattoos have taken on a new and largely overlooked role in our criminal trial system. Once viewed primarily as personal or cultural expression, tattoos are now treated by law enforcement as biometric data which can be analyzed, codified, and then searched by artificial intelligence (“AI”). Police departments and prosecutorial offices have begun using tattoo recognition software to identify suspects, assume gang membership, and establish guilt based on imagery or symbols. Yet, despite the rapid growth of this technology, its use in the courtroom has received almost no scholarly attention and even less judicial scrutiny.

This Article seeks …

The Culture Cure: Behavioral Supervision And The Regulation Of Financial Institutions, David B. Lourie

Mercer Law Review

This Article advances a normative claim: U.S. financial regulators must move beyond primarily adversarial, enforcement-driven models and adopt behavioral supervisory tools—particularly elements of culture assessments—to proactively help guide ethical firm conduct and mitigate systemic risk. Importantly, the proposal here is incremental and resource-efficient. Many recommendations place the onus on firms to assess and demonstrate their culture, while regulators set expectations, review outputs, and selectively verify findings. The framework proceeds in progressive stages—beginning with voluntary, partnership-based initiatives, moving toward light-touch integration within existing examinations, and scaling only where persistent governance weaknesses or systemic risks warrant closer attention. This tiered approach reflects …