Digital Commons Network^™

Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

Preventive Transparency In Third-Party Litigation Funding, Seth Katsuya Endo

Northwestern University Law Review

For years, efforts to comprehensively regulate third-party litigation funding have been unsuccessful. But bills requiring mandatory disclosure are being introduced in Congress, and the Advisory Committee for Civil Rules has finally agreed to take up the issue. By grounding the discussion of third-party litigation funding in both the broader civil procedure and professional responsibility scholarship, this Article identifies an easy, uncontroversial reform to preventively address the categorical concerns raised by the practice. The primary contribution is a doctrinal intervention, identifying how legal ethics are an integral part of federal civil procedure and then drawing out the implications for third-party litigation …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

"Blocking Out The Haters:" Government Officials Create Split Among Federal Judiciary, Andrew Weisgerber

Kentucky Law Journal

No abstract provided.

New Challenges To Judicial Federalism, James A. Gardner

Kentucky Law Journal

No abstract provided.

Governors Slightly More Bound? A Critique Of The Uniform Law Commission's Model Public-Health Emergency Authority Act, Paul A. Diller

Kentucky Law Journal

No abstract provided.

The Wages Of Hitching Wagons, Thomas B. Bennett

Kentucky Law Journal

No abstract provided.

Protecting Public Employees' Free Speech: It's Time For The Sixth Circuit To Take Action, Faith O. Turner

Kentucky Law Journal

No abstract provided.

The End Of An Aberration: Overturning Major League Baseball's Century-Old Antitrust Exemption, Jacob Baird

Kentucky Law Journal

No abstract provided.

Fighting Death: A Critique Of Kentucky's Death Penalty System, Pamela R. Goodwine

Kentucky Law Journal

No abstract provided.

Ductile Rights, W. C. Bunting

Kentucky Law Journal

No abstract provided.

Demonstrating Civility: A Law School Learning Outcome, Laurel Rigertas

Kentucky Law Journal

No abstract provided.

Punitive Legal Immigration, Pedro Gerson

Kentucky Law Journal

No abstract provided.

Against Algorithmic Auer Deference, Chad Squitieri

Kentucky Law Journal

No abstract provided.

The Myth Of Fundamental Decisions, Michael D. Cicchini

Kentucky Law Journal

No abstract provided.

Disproportionate School Brutality Upon Black Children, Nicole Tuchinda

Kentucky Law Journal

No abstract provided.

Redistricting's Ultimate Antidote, Douglas M. Spencer

Kentucky Law Journal

No abstract provided.

Introduction: There Must Be Something In The Water—Or The Bourbon—In Kentucky: Voting Rights In The Bluegrass State, Joshua A. Douglas

Kentucky Law Journal

No abstract provided.

Mental Illness In African American Women: A Transcendental Phenomenology On Self-Efficacy And The Treatment-Seeking Behavior Of Secondary And Post-Secondary Educators, Sasha N. Gordon

Doctoral Dissertations and Projects

This transcendental phenomenological research shows the influence of mental health treatment on the self-efficacy of African American women who are secondary or post-secondary educators in Northern Illinois. For African American women educators, taking care of their mental well- being and being aware of mental health conditions are crucial. Sharing personal stories and experiences can help reduce the stigma surrounding mental health. Promoting awareness and understanding of mental health issues are vital in our communities, and access to resources and support are necessary. Using self-identity theory can aid in comprehending motivations and behaviors, leading to greater satisfaction and fulfillment and the …

Cardozo’S Sports Law Society And Antitrust Society Host House Settlement Lecture And Panel, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Panelists for the event: Professor Marc Edelman, Bob Boland (Partner, Shumaker LLP), Michael Hsu (Co-founder, College Basketball Players Association), Adam Dale (Partner, Winston & Strawn LLP), Neha Vyas (Associate, Winston & Strawn LLP), Paul McDonald (Managing Partner, PL McDonald Law LLC), and Chris Brolley (Associate, Troutman Pepper Locke LLP).

On Wednesday, November 12, 2025, Cardozo’s Sports Law Society and Antitrust Society hosted a lecture and panel discussion regarding the implications of the House v. NCAA lawsuit and settlement. This included the potential for future antitrust liability as a result of the settlement, Title IX implications, the employment status of college …

West Flagler And The Future Of Sports Betting: Navigating Tribal Sovereignty And The Need For Consumer Protection In A Growing Market, Jake Granese

University of Miami Business Law Review

Sports betting in the United States has exploded in recent years, with a record–breaking $11 billion in revenue in 2023. This growth has inspired state governments to try to leverage this lucrative business. One recent development is the 2021 Gaming Compact between the Seminole Tribe of Florida and the state of Florida. The Compact represents a milestone towards exclusivity in mobile gaming for Native American tribal nations. Under the Compact, the Seminole Tribe receives sports betting exclusivity, for both retail sports wagering and online sports wagering across the state of Florida, in exchange for a revenue sharing arrangement—unlike any other …

The Cost Of Waiting: Navigating The Ftc’S Noncompete Ban And The Risks Of Inaction, Cameron Weiss

University of Miami Business Law Review

This Comment critically examines the Federal Trade Commission’s (FTC) now–abandoned rule that sought to ban noncompete clauses in employment contracts, emphasizing the limitations of advice provided by attorneys, legal scholars, and experts who advocate for a “wait–and–see” approach during its development and subsequent litigation. Noncompetes, while serving as a tool for employers to safeguard proprietary interests and limit competition, also restrict employee mobility and bargaining power. The FTC’s proposed rule, which aimed to ban most noncompete clauses, faced immediate and substantial legal challenges under the major questions and nondelegation doctrines.

Although the FTC ultimately ceased defending the rule and acceded …

Cryptocurrencies And Financial Crimes: The Role Of Decentralized Cryptocurrency In Facilitating Money Laundering And The Challenges Posed On Anti–Money Laundering Regulations, Jeffry A. Collins

University of Miami Business Law Review

This research examines the role of decentralized cryptocurrencies in facilitating money laundering and the challenges they pose to Anti–Money Laundering (AML) regulations through literature review and regulatory analysis. The study reveals that the decentralized, anonymous, and borderless nature of cryptocurrency enables illicit activities via cryptocurrency ATMs, mixing services, and decentralized exchanges (DEXs). For over a decade, the same regulatory problems persist today as were present at the inception of cryptocurrencies. Current AML frameworks, such as the Bank Secrecy Act and the Money Laundering Control Act, are inadequate for this decentralized ecosystem. The analysis critiques the fragmented efforts of U.S. regulatory …

Finding Law When There Is None: An Analysis Of Litigation Concerning Non–Fungible Tokens (Nfts), Shelby T. Roberts, O. Hayden Griffin, Iii

University of Miami Business Law Review

The development of new technologies tends to give rise to the same quandary: how can these technologies flourish while also protecting citizens from any collateral consequences? How much latitude and freedom should innovators be given in pursuing these technologies is often debated. Non–fungible tokens (NFTs) are one of several products that utilize blockchain technology. NFTs have been hailed by some as the future of commerce while others have derided NFTs as a scam–ridden fad. With virtually no legislation or regulations specifically designed to govern NFTs, a content analysis of litigation involving NFTs was conducted as an effort to help determine …

Symposium—Introduction, Russell Buchan

International Law Studies

In March 2025 the University of Reading and the U.S. Naval War College convened a workshop at the University of Reading in the United Kingdom to examine the application of the jus ad bellum, jus in bello, and international criminal law to the use of military AI. This is the introduction to the symposium, published as Volume 107 of International Law Studies.

Assessing The Role Of Ai In Determining The Necessity And Proportionality Of The Exercise Of Self-Defense Against An Armed Attack, Marco Roscini

International Law Studies

This article explores whether artificial intelligence (AI) constitutes an asset or rather a challenge in assessing the necessity and proportionality of a State’s response to an armed attack in the context of self-defense. Two central arguments are advanced. First, while AI may assist in detecting incoming threats of armed attacks, abstract and highly context-driven notions like necessity and proportionality would be very difficult to encode into algorithms. Second, even assuming that this were possible, relying on AI to determine the necessity and proportionality of a self-defense response would present as many challenges as it does advantages and, therefore, should be …

Amazon.Com And The Nlrb: Privacy Rights, Home Visits And Beyond, Leonard Bierman, Rafael Gely

Texas A&M Law Review

In the important November 2024 case of Amazon.com Services LLC, the National Labor Relations Board (“NLRB” or “Board”) held employer “captive audience speeches” to be per se unlawful. The NLRB held that employer anti-union speeches of this kind, delivered on paid company time on company premises and which employees are required to attend, unlawfully intruded on employee privacy and autonomy. This Article critiques the NLRB’s recent Amazon.com decision from various perspectives. First, the NLRB, in its ruling, appears to ignore decades-long precedent in this area of the law, precedent that firmly upheld the “free speech” rights of employers to …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …