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Indeterminacy And The Political Economy: Cls, Legal Politics, And Defetishizing The Lpe Debate, Akbar Rasulov Mar 2026

Indeterminacy And The Political Economy: Cls, Legal Politics, And Defetishizing The Lpe Debate, Akbar Rasulov

Law and Contemporary Problems

No abstract provided.


Capitalism & Jurisprudence, Paulo Barrozo Mar 2026

Capitalism & Jurisprudence, Paulo Barrozo

Law and Contemporary Problems

No abstract provided.


Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber Mar 2026

Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber

Duke Law & Technology Review

As artificial intelligence (AI) continues to surprise us with its humanlike abilities, it raises the question of whether AI-created music can or should be afforded legal protection. Particularly, how should copyright law treat melodies produced by an AI designed to algorithmically generate every possible melody? This article seeks to answer that question, ultimately concluding that AI-produced melodies are not copyrightable and that melodies are not merely facts undeserving of copyright protection, but something valuable to mankind and worth protecting by law.

The article explores Damien Riehl’s All the Music project (ATM) and his arguments for why ATM’s outputs should be …


The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu Mar 2026

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …


HawaiʻI’S Housing Crisis: Unpacking The Limits Of S.B. 2919, Carley Matsumoto Mar 2026

HawaiʻI’S Housing Crisis: Unpacking The Limits Of S.B. 2919, Carley Matsumoto

Seattle University Law Review Online

The State of Hawaiʻi is facing a housing crisis exacerbated by natural disasters and public health emergencies. Hawaiʻi’s legislature seeks to ameliorate Hawaiʻi’s housing crisis with Senate Bill 2919, which gives all counties in Hawaiʻi the broad power to regulate short-term rentals. While this law was adopted with laudable intentions, it has significant shortcomings and will likely not solve Hawaiʻi’s longstanding housing crisis. This Comment argues for an alternative, tax-based solution to address the housing crisis.


Chancery Court Rules That Dgcl § 271 Does Not Require Stockholder Approval Of Foreclosure Sale Of Corporate Assets, Robert S. Reder, Emily Batuner Mar 2026

Chancery Court Rules That Dgcl § 271 Does Not Require Stockholder Approval Of Foreclosure Sale Of Corporate Assets, Robert S. Reder, Emily Batuner

Vanderbilt Law Review En Banc

No abstract provided.


“External Restraints” On Article Ii?, Elias Neibart Mar 2026

“External Restraints” On Article Ii?, Elias Neibart

Vanderbilt Law Review En Banc

No abstract provided.


Cardozo Law News Brief: March 27, 2026, Benjamin N. Cardozo School Of Law Mar 2026

Cardozo Law News Brief: March 27, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 27, 2026, Cardozo Law News Brief include:

  • Professor Rachel Landy was quoted in the Los Angeles Times and Newsweek on a Supreme Court ruling limiting internet providers’ liability for copyright infringement, noting the music industry may need to seek legislative solutions.
  • Sarah Chu, Director of Policy & Reform at the Perlmutter Center for Legal Justice, spoke to Undark about a new study challenging the reliability of firearms analysis in forensic science.
  • Professor Peter Markowitz was quoted in NewsNation on the rise of no-bond ICE detention cases and the growing number of successful legal challenges.
  • Professor …


Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman Mar 2026

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

  • Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
  • Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
  • Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 


Kodak To Deepfakes: Publicity Rights And Abuse Of Our Likenesses, Michael Goodyear Mar 2026

Kodak To Deepfakes: Publicity Rights And Abuse Of Our Likenesses, Michael Goodyear

Other Publications

No abstract provided.


Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash Mar 2026

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law professors in support of the respondent in Bondi v. Lau before the Supreme Court of the United States. The brief argues that lawful permanent residents returning from travel abroad may not be treated as seeking admission unless they satisfy the statutory criteria set forth in the Immigration and Nationality Act. It further contends that ambiguities in deportation statutes should be resolved in favor of noncitizens under the longstanding immigration rule of lenity.


Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld Mar 2026

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”1 Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …


Lost And Found, Katherine M. Houlden Mar 2026

Lost And Found, Katherine M. Houlden

Nebraska Journal on Advancing Justice

No abstract provided.


Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer Mar 2026

Home Of The Brave, Land Of The Free: The Star-Spangled Banner's Contested History, Michael H. Hoffheimer

Nebraska Journal on Advancing Justice

No abstract provided.


Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr Mar 2026

Pearl's Perfect Last Will - Crushed By Infantilism Bias, Edward F. Fogarty Mr

Nebraska Journal on Advancing Justice

No abstract provided.


Dangerous Or Neglected, Amanda Landaverde Mar 2026

Dangerous Or Neglected, Amanda Landaverde

Nebraska Journal on Advancing Justice

No abstract provided.


The Call To Action, And My Reluctant Answer, Audrey R. Svane Mar 2026

The Call To Action, And My Reluctant Answer, Audrey R. Svane

Nebraska Journal on Advancing Justice

No abstract provided.


Legacy: Introduction To Issue 2, Nicholas L. Marti Mar 2026

Legacy: Introduction To Issue 2, Nicholas L. Marti

Nebraska Journal on Advancing Justice

No abstract provided.


Volume 2, Issue 2 Masthead, Njaj Editorial Board Mar 2026

Volume 2, Issue 2 Masthead, Njaj Editorial Board

Nebraska Journal on Advancing Justice

No abstract provided.


Lawyers’, Law Professors’ And Law Students’ Free Speech: The Rule Of Law, Civility, And Informed Engagement, Eli Wald Mar 2026

Lawyers’, Law Professors’ And Law Students’ Free Speech: The Rule Of Law, Civility, And Informed Engagement, Eli Wald

Journal of Civil Rights and Economic Development

(Excerpt)

The Article is organized as follows. Part I summarizes the traditional doctrine governing lawyers’ free speech, as well as the related doctrines of free speech, academic freedom, and tenure on college campuses. Part II explores twenty-first century developments that have thrown these old established doctrines into a state of flux.

Part III consists of three sections. The first suggests a new understanding of lawyers’ free speech, arguing that unprecedented twenty-first-century attacks on the rule of law justify recognizing a third, narrowly tailored restriction on lawyers’ free speech. In addition to the traditional restrictions grounded in protecting clients from lawyers’ …


Some Thoughts About Free Speech And Hostile Environment Discrimination On College Campuses, Mark Tushnet Mar 2026

Some Thoughts About Free Speech And Hostile Environment Discrimination On College Campuses, Mark Tushnet

Journal of Civil Rights and Economic Development

(Excerpt)

Section I examines which kinds of utterances may be considered in determining whether a hostile environment exists, and how those utterances may be taken into account. After distinguishing between targeted utterances directed at an identifiable individual and general statements that disparage a racial or nation-origin group, this Section focuses on targeted utterances.

Section II then turns to general statements, typically of a more clearly political sort. After describing the quite limited nature under which individuals can be held liable for general statements, the Section argues that such statements can be part of the “dossier” relevant to hostile environment discrimination, …


The First Amendment, Student Protest On Campus And The Law, Gene Policinski Mar 2026

The First Amendment, Student Protest On Campus And The Law, Gene Policinski

Journal of Civil Rights and Economic Development

(Excerpt)

After a brief background on the history of student protest and free expression, this Article examines campus speech policies developed in response to student protests in the 1960s, and present examples of how these codes and regulations recently have been reviewed and revised in light of campus protests and disruptions, with many involving the Israeli-Palestinian conflict.

Next, this Article also examines the ongoing impact of federal legislation—specifically Titles VI and IX of the Civil Rights Act of 1964—on campus speech. In addition, this section addresses public attitudes regarding campus protests and related on campus issues, as well as an …


Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt Mar 2026

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …


Free Speech, The University, And The Wrong Turn In The Road, Donald Downs Mar 2026

Free Speech, The University, And The Wrong Turn In The Road, Donald Downs

Journal of Civil Rights and Economic Development

(Excerpt)

I introduce this Article by examining the present state of campus free speech policy and politics. I pose questions raised by the demonstrations that erupted in the wake of the war between Israeli and Iranian proxies on October 7, 2023. I then present a skeletal model of the liberal university, followed by a discussion of how illiberal forms of free speech logic have influenced and shaped thinking in higher education and elsewhere since the 1960s. I conclude with a critique of higher education’s turn turning away from a liberal model of discourse.


Fighting Drug Addiction In The Aftermath Of The War On Drugs: Rehabilitative Or Promoting Reoffending?, Haylee Beamer Mar 2026

Fighting Drug Addiction In The Aftermath Of The War On Drugs: Rehabilitative Or Promoting Reoffending?, Haylee Beamer

Criminal Law Society Blog

This Article examines the evolution of drug control policy in the United States, arguing that although modern strategies target both supply and demand reduction mechanisms, they remain fragmented and insufficiently focused on rehabilitation. It traces the historical development of the War on Drugs and its lasting emphasis on punitive enforcement, highlighting the continued reliance on drug task forces and confidential informants. While contemporary reforms such as drug courts and prosecutorial diversion programs demonstrate measurable success in reducing recidivism and promoting recovery, their impact is undermined by inconsistent integration across the criminal justice system. This Article contends that a more cohesive, …


Am. Civil Liberties Union Vs. Clark Cnty. School Dist., 142 Nev. Adv. Op. 24 (March 26, 2026), Jacob Stephenson Mar 2026

Am. Civil Liberties Union Vs. Clark Cnty. School Dist., 142 Nev. Adv. Op. 24 (March 26, 2026), Jacob Stephenson

Nevada Supreme Court Summaries

Information contained in an investigative file is exempt from the NPRA’s general disclosure requirement to the extent that the information is confidential under NRS 289.080.


Victimization Pathways Among Homeless Youth: How Trauma, Survival Strategies, And System Failures Intersect, Makynna S. Deland Mar 2026

Victimization Pathways Among Homeless Youth: How Trauma, Survival Strategies, And System Failures Intersect, Makynna S. Deland

SACAD: Scholarly Activities

Homeless youth often carry deep layers of trauma, and those experiences shape how they cope and survive. Many of the behaviors we see are responses to early harm, leaving young people more vulnerable to exploitation and further system involvement. Without safety, support, or stable adults, they face heightened risks of violence, property victimization, and survival sex.


Government Goes Goop, Jennifer D. Oliva Mar 2026

Government Goes Goop, Jennifer D. Oliva

Emory Law Journal Online

This Article argues that the appointment of prominent wellness and antivaccine figures to senior federal health positions marks the culmination of a long-running evolution in American health fraud—from nineteenth-century traveling medicine shows to the institutional capture of government health agencies. Drawing a direct lineage from patent medicine marketing to contemporary wellness conspiracism, this Article demonstrates how tactics perfected by early medicine show entrepreneurs—emotional manipulation, conspiratorial framing, anti-establishment positioning, and the exploitation of information asymmetries—have persisted across regulatory and technological shifts, ultimately achieving unprecedented political legitimacy.

This Article traces this evolution through the deregulated supplement marketplace created by the Dietary Supplement …


Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara Mar 2026

Rethinking How The United States And Mexico Share The Colorado River, Eric Kuhn, Anne Castle, Carlos De La Parra, John Fleck, Jack Schmidt, Kathryn Sorensen, Katherine Tara

The Traveling Wilburys of the Colorado River

Since 1945, the United States and Mexico have managed common interests on their two largest shared rivers systems, the Colorado and the Rio Bravo/Rio Grande, under the terms of the 1944 international treaty that was designed from the beginning with tools to adapt to changing hydrologic and societal conditions. A recent emergency agreement on the Rio Bravo/Rio Grande illustrates what is possible, and with old river management rules on the Colorado both within the United States and between the United States and Mexico about to expire, we are at a moment of opportunity for meaningful change. The core problem on …


Table Of Contents Mar 2026

Table Of Contents

Tulsa Law Review

No abstract provided.