Digital Commons Network^™

Technological Readiness Versus Disruption: A Framework For Assessing Distinct Artificial Intelligence Policy Strategies, Orly Lobel

Emory Law Journal

Artificial intelligence (“AI”) is here and rapidly advancing. As the 2024 Thrower Symposium of the Emory Law Journal demonstrated, developments in the integration of AI to all aspects of life raise fundamental challenges for legal scholars and policymakers about the desirability and legitimacy of algorithmic decision-making, the societal impact of automation, and the liability, ownership, and regulatory puzzles created by substituting human actions with AI systems. This Article provides a framework for analyzing the readiness and desirability of contemporary technological innovation while continuing to address the effects and impact of technological shifts on the labor market, social welfare, and democracy. …

Playing Politics: Social Media, Censorship, And Speech Gamification, Khaled A. Beydoun

Emory Law Journal

Forty percent of Americans self-censor their speech online. While staggering, the hidden phenomenon beneath this figure reveals a more dystopic outlook for the future of free speech. The powerful predictive technologies driving social media platforms, which the Supreme Court dubbed “the most important spaces for the exchange of views,” control the terms of modern speech and the scope of political discourse. The Supreme Court’s laissez-faire posture toward online speech moderation has only empowered digital dominion over modern expression and citizenship to the detriment of free speech principles.

As such, the primary threat to free speech today is not the state …

Processes That Produce Racial Disparities In California Death Sentences: A Review Of The Literature, Grosso, Catherine M., Laurence, Michael, Fagan, Jeffrey

Santa Clara Law Review

A robust and extensive body of empirical research, and a rich historical record, documents a recurring and pervasive influence of race in the application of California’s death penalty. This article reviews the legal and social science research to document multiple paths through which institutions and processes produce these racial disparities over many decisions in many cases across four decades. The article reviews relevant literature by decision, institution, or actor and presents key findings. This includes documenting the history of the broad statutory design of the California capital punishment statue. The review also considers research on policing, including the influence of …

Collaborative Efforts To Combat Racism: Academics And Criminal Defense Lawyers In The Pursuit Of Racial Justice In California, Alvarez, Karina, Cameron-Wedding, Dr. Rita

Santa Clara Law Review

Lawyers and academics frequently cooperate to shape public policy and outcomes in specific cases, including in the area of racial justice. However, too frequently, lawyers and academics operate in silos—working towards the same goal of racial justice, but in different arenas. Lawyers are bound to their clients, foremost, and to advocacy before the court—often so much so that they might lose sight of broader challenges, achievements, and theories in racial justice. By contrast, academics spend their lives in the abstract, leaving them at risk of losing sight of the on-the-ground impact of their expert theoretical advances. This article aims to …

Addressing Witness Coaching By Cross-Examination, Gregory C. Sisk

St. Mary's Journal on Legal Malpractice & Ethics

In preparing a witness, may a lawyer script the testimony by taking the witness through repeated rehearsals to fabricate a narrative in the form directed by the lawyer and to use words that the lawyer suggests are more favorable for the represented party? Suppose the lawyer believes a suggestion to the witness regarding the specific substance or word choice of testimony does not introduce a falsehood but rather produces a more favorable spin on the witness narrative. May the lawyer justify that shaping of testimonial content as legitimate zealous representation of a client?

Given that any such suggestion by the …

I Am A Person Too: The State's Failure To Secure Transgender Rights And Personhood, Trevor L.M. Reynolds

Law Student Publications

The winds of change appeared to blow on June 15, 2020, when the Supreme Court decided Bostock v. Clayton County. The Bostock decision - in which the Court held that discrimination based upon an employee's gender identity violated Title VII of the Civil Rights Act - has been heralded as a revolutionary triumph for the LGBTQ+ community. And yet, while the Bostock decision dictated that employers cannot terminate people based on their gender identity, it failed in the most important regard: establishing gender identity as a protected constitutional class. The Court, however, is not unique in its failure to …

Fear And Free Speech, Helen Norton

Publications

No abstract provided.

Protect Transgender Kids: What Is “Protection” In Light Of Bans On Gender-Affirming Care?, Patricia B. Barnett

Journal of Race, Gender, and Ethnicity

This Note examines the growing legal and constitutional conflict surrounding state laws that ban or restrict gender-affirming care for transgender minors. At the heart of the issue lies the clash between state authority and the constitutionally protected rights of parents under the Due Process Clause of the Fourteenth Amendment. Drawing on medical consensus that affirms the necessity and efficacy of gender-affirming care, the Note argues that these laws not only endanger the well-being of transgender youth but also infringe on parents' fundamental rights to direct their children’s medical treatment. The analysis highlights how some states mischaracterize gender-affirming care as a …

Mental Illness And Medical Assistance In Dying, Sophia Gengaro

Student Works

No abstract provided.

Toward Objectivity In International Criminal Law: Modeling Genocide, Kevin Chamow

Student Works

No abstract provided.

Transcending Tradition Through Inclusive Online Pedagogy, Areto A. Imoukuede

Journal Publications

This work critiques the exclusionary nature of the traditional Socratic method and introduces The New Pedagogy: Online Socrates as a foundational framework for building more inclusive, equitable, and student-centered approaches to legal education.

It challenges the continued reliance on the traditional Socratic method in legal education, arguing that its hierarchical and exclusionary nature undermines meaningful inclusion and student engagement—both online and in the classroom. It contends that the barriers often attributed to online learning expose deeper inequities within traditional legal pedagogy itself.

Building on this critique, the work proposes that the shift to online education provides a unique opportunity to …

Breaking Free From The Invisible Chains: How New Jersey’S Recognition Of Coercive Control Is A Crucial Step In Combatting Psychological Abuse, Andrew Patrick Gault

Student Works

No abstract provided.

Blockchain: A Practical Solution To Monitor Corporate Supply Chains, Gaige J. Graham

Wyoming Law Review

The persistence of human rights abuses within the Democratic Republic of the Congo (DRC)—particularly in the cobalt mining industry— underscore the failure of international labor protections and corporate due diligence. Despite the International Labor Organization and United Nations Guiding Principles on Business and Human Rights (Ruggie Principles), corporations continue to profit from child labor, forced labor, and unregulated artisanal mining. Existing accountability mechanisms, reliant on state enforcement and voluntary corporate compliance, have proven inadequate to address these labor issues. This Comment argues that blockchain technology offers a practical, scalable solution for supply chain transparency, capable of mitigating labor rights violations …

The Dobbs Decision And The Erosion Of U.S. Moral Authority: A Hypocritical Stance On Bodily Autonomy With Worldwide Implications, Patricia A. Broussard, Joi Cardwell

Journal Publications

No abstract provided.

The Sole Survivor: Balancing Artistic Expression With Trademark Infringement Factors Within The Sneaker Industry, Katelyn Kohler

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Newest Employee Acquisition Tool—Ai: Can Anti-Discrimination Law Regulate Bias And Who Should Be Liable?, Joslyn Kowalski

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …

Ai Lawyering Skills Trainers: Transforming Legal Education With Generative Ai, Alexandria Serra

Faculty Works

The integration of generative AI (GenAI) tools in legal education is not just an innovation—it's a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future. Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 2, Eve M. Brank, David J. Dreyer, Reba Ann Page, Jane Manning

Court Review: Journal of the American Judges Association

Contents

Understanding GenAI What Courts Should Know, AI Rapid Response Team of the National Center for State Courts

Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts, Pablo Arredondo and Javed Qadrud-Din

Any Sufficiently Transparent Magic... Damien Patrick Williams

Principles and Practices for Using AI, Thomson Reuters Institute/National Center for State Courts

Evidentiary Issues Raised by Artificial Intelligence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Acknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Bench Card: Evaluating Unacknowledged AI-Generated Evidence, Thomson Reuters Institute/National Center for State Courts

Want to Know More About AI? ABA …

Court Review: Journal Of The American Judges Association, Vol. 61, No. 3 & 4, Eve M. Brank, David J. Dreyer, Reba Ann Page

Court Review: Journal of the American Judges Association

Contents

Civil Cases in the Supreme Court’s October Term 2024, Thomas M. Fisher

Consensus and Conflict Over Context: Select Criminal Law and Procedure Cases from the Supreme Court’s 2024-25 Term, Eve Brensike Primus and Elena Schultz

Yes, There’s a Public Trust Crisis but Your Daily Efforts Can Reverse It, Emily LaGratta and Tom R. Tyler

Was That Wrong? Spontaneity’s Role in Judicial Discipline Allegations, John W. Valente, Shawn C. Marsh, and Tahliah Ling

Correction: Large Language Models, Newer, More Powerful Large Reasoning Models, and the Courts

Editors' Note, Reba Ann Page and David J. Dreyer

Thoughts from Canada: The Supreme …

Protecting What's Yours: Rights, Risks, And Realities In Ip And Entertainment, Fordham Iplj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?, Jack Bekos

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Generative Ai Is Doomed, Eric Goldman

Marquette Intellectual Property & Innovation Law Review

Eric Goldman delivered this talk as the 2024 Nies Lecture at Marquette University School of Law, in Milwaukee, Wisconsin. The talk compares the recent proliferation of generative AI with the Internet’s proliferation in the mid-1990s. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society. However, the public sentiments toward the two innovations have differed radically. The Internet arrived during a period of widespread techno-optimism, creating a regulatory environment that fostered the Internet’s growth. Generative AI, in contrast, has arrived during widespread techno-pessimism and following decades of conditioning about the dangers of “AI.” …

What Can Copyright Law Learn From Greek Tragedy?, Mira Moldawer

Marquette Intellectual Property & Innovation Law Review

None.

Tech Addiction: The Legal Limits Of A Growing Concept, Haneen Abu Ghanem

Marquette Intellectual Property & Innovation Law Review

None.

Virtual Court Proceedings And Their Effect On Criminal Defendants’ Rights, Hunter J. Phillips

Marquette Intellectual Property & Innovation Law Review

This Comment examines whether implementing virtual evidentiary proceedings diminishes a criminal defendant’s Constitutional rights. Part One introduces the Confrontation Clause and judicial interpretations that shape its modern legal view.

Part One also introduces the importance of face-to-face testimony and how the Confrontation Clause is founded upon that principle. Part One concludes by offering psychological research that highlights the im-portance of face-to-face proceedings that allow for effective criminal proceedings. Part Two introduces legislation that hinders defendants’ Confrontation rights and critically analyzes that legislation. Part Three argues for the abandonment of virtual criminal proceedings and highlights other factors that should be considered …

Next In Line: Addressing The Constitutional And Policy Problems With The Current Presidential Line Of Succession, Arian Carlo Rubio

University of Michigan Journal of Law Reform

The presidential line of succession is a critical component of the United States government, designed to ensure continuity and stability in the executive leadership during crises. This Note examines the current statutory provisions concerning presidential succession to identify constitutional ambiguities and practical challenges that could undermine governmental operations during unforeseen emergencies.

Through a detailed analysis of historical instances, such as the incapacitation scenarios of past presidents and recent threats to government officials, including the COVID-19 pandemic and a rise in political violence, this Note highlights the risks posed by the existing succession framework. The ambiguity primarily revolves around the roles …

Family Court Orders Of Ostensible "Protection": Silencing Survivors And Criminalizing Conduct In Civil Courtrooms, Talia Gallo

City University of New York Law Review

Survivors of intimate partner violence should not face further abuse at the hands of the state, let alone by a tool that is meant to protect them. This Note examines how orders of protections issued by family courts during child abuse and neglect proceedings fail survivors of violence and criminalize individuals in civil courtrooms. This research examines how orders of protection do not always afford individuals due process, despite depriving many of their individual autonomy and the right to parent. Orders of protection are just one example of how family courts punitively surveil marginalized communities, creating irreparable harm under the …

Precedent Terms, Vincent Buccola, David A. Hoffman

Coase-Sandor Institute for Law & Economics Research Paper Series

An implicit binary underlies most academic thinking about commercial and corporate contracts. To judge from the theory literature, such agreements consist of just two kinds of terms: those that are negotiated and priced and those that are boilerplate. But on-the-ground realities don’t square with the picture of contract production that the standard assumption yields. That picture can’t easily explain, for example, why sophisticated parties regularly spend large sums quarreling over terms, nor is it compatible with commonly expressed attitudes of negotiating triumph or dismay.

This Article develops a new analytical category that can explain these and other empirical regularities and …