Digital Commons Network^™

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

Note, Kiera L. Doughty

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

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.

Economics Or Populism? The Battle For The Future Of Antitrust, Erik Hovenkamp

University of Chicago Law Review

Mainstream antitrust policy is grounded in economics and views the protection of competition as antitrust’s singular goal. But the populist “antimonopoly movement” believes that antitrust should focus less on economic issues and more on the political influence of large firms. While the courts have long embraced the economic approach to antitrust, antimonopolists have recently gained some support in politics. This battle of ideas is therefore poised to determine the future of antitrust.

Antitrust law currently suffers from a number of problems, but the antimonopoly movement does not offer serious solutions. On the contrary, by deemphasizing tangible economic harms in favor …

The Lpe Critique Of Law And Economics, Sarath Sanga

University of Chicago Law Review

No abstract provided.

Living Under Contract: An Lpe Analysis Of American Democracy, Amy J. Cohen, Ilana Gershon

University of Chicago Law Review

Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements likely to endure only insofar as they serve his (or putatively national) interests? Two political economy studies of U.S. workplaces and firms, one ethnographic and one historical, can begin to shed light. Ilana Gershon’s ethnography explores how people’s everyday legal and political consciousness is formed through their experiences of regulatory decision-making in a contract filled workplace. Sociologist Melinda Cooper’s historical account reveals how a turn to viewing corporations as a conglomeration of individual contracts paved the way for a veneration of autocratic rule. In …

The Law And Political Economy Movement’S Crime Agenda Hurts Black People, Jonathan Klick

University of Chicago Law Review

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, there are reasons to believe that decarceration would not be costless for the Black community.

Transforming Law, Contesting Exclusion, Shaping Inclusion, Nancy Levit, Judith Resnik, Laura Rothstein

UMKC Law Review

Introduction to the symposium issue, Transforming Law, Contesting Exclusion, Shaping Inclusion.

Inclusivity In Corporate Scholarship, Afra Afsharipour, Naomi Cahn, June R. Carbone, Darren Rosenblum

UMKC Law Review

For the past two decades, a growing number of women, people of color, and LGBTQ+ scholars have reshaped corporate law scholarship. This Essay explores how their contributions have challenged dominant narratives in corporate law. While these contributions span a wide range of issues, three central themes emerge. First, much of this scholarship contributes to long-standing debates in corporate law by critically examining existing governance structures and introducing new perspectives that challenge conventional views on corporate purpose, power, and value. Second, and strongly connected to the first theme, women and queer scholars have led inquiries into Environmental, Social, and Governance (ESG) …

Weaponized Bureaucracy At The Criminal Immigration Divide, Dorien Ediger-Seto

Washington Law Review

Despite deportation being entrenched as a civil consequence rather than a punishment over 100 years ago, today’s immigration enforcement and deportation scheme relies heavily on state-level criminal arrests, convictions, and data sharing systems. And immigration-based crimes have accounted for between twenty-five and fifty percent of all federal criminal charges over the past decade. But the fact that the systems are bureaucratically and doctrinally separate from each other has practical impacts that go beyond these formalized intersections. Not only do federal law enforcement actors often have dual mandates to investigate and prosecute federal crimes alongside related civil removal cases, but criminal …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

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 …

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.

The Mysterious Federal Policy In Favor Of Arbitration: Festschrifts Squared, Robert H. Smit

Faculty Scholarship

As far as I can tell, John Fellas and I think alike on most things, both as practicing international arbitrators and as professors of international arbitration law. As arbitrators in practice, all of the awards we have rendered together — whether John chaired, I chaired or we both served as party-appointed arbitrators — were unanimous awards. As professors in academics, we both independently submitted essays — on the occasion of a festschrift in honor of Professor George Bermann — addressing related issues concerning the federal policy in favor of arbitration in the United States. John’s festschrift essay is entitled “ …

Law And The Self-Coordinating Market Idea, Sanjukta Paul

Articles

Much of the focus of the live Symposium was on comparing existing scholarship associated with two intellectual communities. I have no objection to that enterprise in the abstract, though I think it is a bit premature where law and political economy (LPE) is concerned and sets up an apples-to-oranges comparison to the decades-old streams of work and thinking in law and economics (L&E). But I would rather use the privilege of the space in this written Symposium to sketch what I believe is the ultimate substantive nub of contestation in this conversation about the core subject matter of “the economy” …

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 …

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.

Masthead, North Carolina Banking Institute

North Carolina Banking Institute

No abstract provided.

The One Big Beautiful Bill Act's Tax Exclusion For Interest Income On Agricultural Loans: A Windfall For Lenders?, Clayton T. Henderson

North Carolina Banking Institute

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.