Digital Commons Network^™

How International Copyright Approaches To Generative Ai May Influence The Development Of U.S. Copyright Laws For Ai, Tessa Chew

San Diego International Law Journal

Since late 2022, Generative Artificial Intelligence (GenAI) has emerged as a vital technological tool in many industries by producing human-like content based on its trained datasets. This advancement has sparked an international debate over the ethical and legal implications of using copyrighted works for Artificial Intelligence (AI) training. Countries have taken differing legislative approaches to this issue. Japan aims to promote innovation with minimal restrictions; the United Kingdom aims to protect copyright holders by implementing strict AI copyright protections; and the European Union focuses on the transparency of the AI’s copyright use. The United States is currently at a regulatory …

From Party Policy To Law: The Formalization Of The Chinese Communist Party’S Role In State-Owned Enterprise Governance, Jie Zeng

San Diego International Law Journal

For the first time, grassroots branches of the Chinese Communist Party (CCP) were formally granted leadership roles and major decision-making authority under Chinese Company Law in 2024. This change has made China the only jurisdiction that has, at the national law level, authorized its main political party to engage directly in corporate governance without being a shareholder. While this may appear to be the result of President Xi Jinping’s party-building campaign, party involvement in corporate governance goes back to the Maoist era. This Article examines the evolution of state-owned enterprise (SOE) governance from 1949 to the present, illustrating that even …

Film, Television, And Artificial Intelligence: Ensuring The Role Of Screenwriters In Anticipation Of Generative Artificial Intelligence’S Increasing Capabilities, Rachel Johnson

San Diego International Law Journal

Artificial Intelligence (AI) currently is one of most critical topics discussed across industries. AI technology, such as Generative Artificial Intelligence (GAI), looms over people employed in creative fields who view it as a threat to their livelihoods. Legislative and judicial law must grapple with the complex legal issues GAI poses. In the entertainment realm, employees in professions such as Hollywood’s film industry have found ways to secure their present and near future against AI-encroachment.

In 2023, the Writers Guild of America (WGA), a labor union covering the screenwriters of television and film, coordinated the second longest labor strike in Hollywood’s …

Invisible Nations: Self-Determination As A Legal Shield For The World’S Last Isolated Peoples, Paige Schacher

San Diego International Law Journal

This Comment examines the legal and ethical considerations of self-determination as applied to the world’s last uncontacted tribes—indigenous communities that live isolated from mainstream society. While the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) established a foundational framework for uncontacted tribes’ right to self-determination, its implementation in practice faces jurisdictional, ethical, and legal issues. By examining international and domestic legal instruments, case studies from India and Brazil, and the evolving role of artificial intelligence in indigenous land monitoring, this Comment argues that domestic and international bodies must collaborate to enforce more tailored protections to guard the autonomy …

Unlocking Green Innovation: Navigating Trade Secret Law In The Quest For Sustainable Solutions, Jacob Wright

San Diego Journal of Climate & Energy Law

This Comment explores the tension between trade secret protections and the global demand for climate-related technologies, arguing that a more balanced approach is necessary to align intellectual property law with the public interest. By examining the limits of existing legal frameworks, such as the DTSA, this analysis will highlight how these laws prioritize proprietary interests over environmental needs. It will also propose regulatory strategies that could help bridge this gap, such as expanding compulsory licensing frameworks, implementing public-private partnerships, and introducing public interest exceptions specifically tailored to clean energy technologies. Ultimately, this comment aims to contribute to the ongoing conversation …

Taxation And Birthright Citizenship, Reuven S. Avi-Yonah

Articles

Under the 14th Amendment, individuals who are born in the United States are U.S. citizens and citizens of the state where they reside if they are “subject to the jurisdiction” of the United States. The debate surrounding birthright citizenship focuses on the meaning of jurisdiction in this context. The majority view is that it just means territoriality jurisdiction, so that anyone born within the United States is automatically a citizen regardless of the immigration status of their parents. The minority view is that jurisdiction is related to political allegiance (nationality jurisdiction), which is why children born to diplomats, members of …

They, The People, Ammel Sharon

Socio-Legal Review

This essay engages with Rohit De and Ornit Shani’s Assembling India’s Constitution by situating it within a broader conceptual history of “the people.” While the book offers a compelling account of participatory constitution-making, the essay suggests that it opens up further questions about the conceptual and historical conditions shaping the people as a political subject. Drawing on contemporary political theory on populism, the essay explores how politics invokes the people through affective and performative practices alongside constitutional forms.

Report On The Specialized Study Days On Parliamentary Experience And Legislative Practice In Morocco: Faculty Of Law, Rabat, May 24–26, 1984, Mohamed Moatassim

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This report presents and discusses the specialized study days devoted to parliamentary experience and legislative practice in Morocco, held at the Faculty of Law in Rabat from May 24 to 26, 1984. The author summarizes the central questions raised during the meeting, including the assessment of the Moroccan parliament, the relationship between politics and law, the limits between public and private law, and the role of legal and social sciences in analyzing legislative institutions. The report reviews the diversity of contributions and debates, highlighting the importance of interdisciplinary reflection on parliamentary practice in the Moroccan context.

Native Nations, Noncitizens, And The Supremacy Clause, Geoffrey Heeren

Brooklyn Law Review

Native Nations and noncitizens have often prevailed in the face of adverse state action by asserting treaty rights, arguing that state actions are preempted by federal authority, or relying on federal common law. These claims are largely rooted in the Supremacy Clause of the United States Constitution, rather than Native Nations’ or noncitizens’ rights of their own. At the same time, the Supremacy Clause jurisprudence that developed as Native Nations and noncitizens raised these claims coincided with the growth of federal “plenary power” in both areas, depriving immigrants and Native Nations of strong rights of their own when faced with …

The Dormant Commerce Clause And Personal Jurisdiction: Reasonable Limit Or Unnecessary Complication?, Max Baron

Brooklyn Law Review

Frequently, corporations require consumers to agree to litigate disputes in locales favorable to their corporate interests. In the Supreme Court’s 2023 decision Mallory v. Norfolk Southern, it was a corporation that found itself subject to suit in an unwanted jurisdiction. This corporation—Norfolk Southern Railway—was required to answer a suit in Pennsylvania solely because of its consent to do business there under Pennsylvania’s “jurisdiction-via-registration” clause for foreign businesses. In that case, Justice Samuel Alito raised the possibility of injecting a separate doctrine of constitutional analysis—the dormant Commerce Clause—into personal jurisdiction analysis. To Justice Alito, such “jurisdiction-via-registration” statutes may be unconstitutional when …

Lies Begin At Conception: Crisis Pregnancy Centers And The Right To Deceive, Abigail Gainer

Brooklyn Law Review

Crisis Pregnancy Centers (CPCs) are faith-based, free pregnancy care facilities designed to attract vulnerable pregnant individuals, especially those who may be considering abortion. Through the use of deceptive practices, CPCs, which far outnumber abortion clinics, are able to intercept pregnant people seeking care and discourage or prevent them from receiving abortion care. Pro-life legal groups aggressively wage legal battles on states who seek to curb CPC-propagated deception. In 2018, one of these groups achieved a victory for CPCs in NIFLA v. Becerra, where the Supreme Court held that California’s regulations requiring CPCs to inform clients about state-sponsored abortion services and …

Political, Legal & Ethical Implications Of The United Nations Resolution 1441 & Its Resulting Iraq War, Anika Elyse Segall

Honors Projects

This paper analyzes the political, legal, & ethical implications of the United Nations Resolution 1441 & its resulting Iraq War. The central question of this paper is answered in these sections: 1. Politics: Is it politically convincing (whom did it convince and not convince) to invade Iraq?  2. Law: Is it legally convincing (which body of law) to invade Iraq? 3. Political Ethics: How has this informed how the US has conducted foreign policy and war-making in the Middle East since 2003?

Tenuous Appointments: The President's Claimed Power To Remove Court-Appointed Interim United States Attorneys, Jonathan S. Ross

Brooklyn Law Review

Section 546(d) of Title 28 of the United States Code authorizes a district court to appoint an interim United States Attorney during any vacancy of more than 120 days. The provision has been in place since 1863 and, for most of that time, Presidents have made no attempt to remove court-appointed interim U.S. Attorney through means other than the nomination and confirmation of a replacement. That changed initially in 2020, when President Trump attempted to remove Geoffrey Berman of the Southern District of New York. In 2025, the President went further, removing nine court-appointed interim U.S. Attorneys. These moves, unprecedented, …

Table Of Contents

Tulsa Law Review

No abstract provided.

This Is Not Who We Are: Punishment Is Justified As Disavowal, Mark Pickering

Tulsa Law Review

No abstract provided.

The Ministerial Exception And Its Relationship To The First Amendment, Erik W. Stanley

Tulsa Law Review

No abstract provided.

All Education Is Not Created Equal: How The Texas School Choice Bill Violates The State Constitution By Using Public Dollars To Fund Private Discrimination, Alexandra J. Morrison

Tulsa Law Review

No abstract provided.

Swift Injustice: How Government Proffers Compromise Pretrial Liberty, Lori Whitlock

Tulsa Law Review

No abstract provided.

Colonial To Neoliberal Governmentality In Monument Governance: Shifting Positionalities Of The Monument Adjacent Communities In India, Ujal Kumar Mookherjee, Shreyasi Bhattacharya

Socio-Legal Review

Organised monument governance in India began during the colonial rule. The colonial governance enterprise was bureaucratic and worked through stringent laws which often came down heavily on the monument-adjacent communities. The totalising nature of Indian colonial governmentality fractured the local community, disabling their engagement with the State either as civil society, as individuals or as social groups, while on the other hand enabling such engagement through a “community” constructed on religious lines. Colonial continuities in monument governance meant that a roughly similar position continued in the post-colony. On the international plane, however, there has been a discursive shift in valorisation …

Privately Negotiated Withdrawals: How Shareholders Can Shape A Company's Carbon Emissions Reduction, Gabriella M. Chioffi

Duke Environmental Law & Policy Forum

Governed by the U.S. Securities and Exchange Commission's Rule 14a-8, shareholder proposals are a fundamental and longstanding mechanism that investors use to express their opinions and preferences on how a corporation is operating. Over the last decade, there has been a marked shift in the subject matter of the proposals that shareholders are submitting, as concerns relating to the environment have become an increasingly key issue. However, shareholder support for these climate-related proposals reached its highest point in 2021 and has declined slightly in subsequent years. The conditions that made shareholder proposals a successful tool in 2021 have since changed, …

Climate Deregulation Under Trump 2: Will It Have Any Durable Impact?, John D. Graham

Duke Environmental Law & Policy Forum

Following through on his 2024 campaign pledges, President Donald Trump is dismantling President Biden's aggressive climate policies, including federal regulatory controls on the major sectors of the economy that account for most greenhouse gas emissions in the US. Although it is too early to make a definitive assessment of what Trump will accomplish, I present evidence that Trump is taking a more creative, radical, and legally sophisticated approach to climate deregulation in his second administration than was attempted in his first administration. I evaluate how durable climate deregulation may be. A major weakness in Trump's agenda is the lack of …

Abundance And The Supreme Court, Nicholas Bagley

Articles

Scarcity mars much of American life. Housing prices in our most productive cities are out of control. The nation’s transportation infrastructure is aging and obsolete because it costs so much more to build here than in other developed countries. Meanwhile, China generates nearly three times as much solar energy as the United States, with the gap growing every year.

Why does the richest nation in the history of the world struggle so mightily to get stuff done? That’s the question that propels Ezra Klein and Derek Thompson’s 2025 bestseller Abundance, which galvanized what may be the hottest and most controversial …

The Alaska Wolf War: Action On The Prince Of Wales Island Complex, Edward A. Fitzgerald

Alaska Law Review

This Article examines Alaska's management of the Alexander Archipelago wolf on the Prince of Wales Island Complex, pursuant to constitutional and statutory requirements. It begins by reviewing the history of unsuccessful efforts to declare the wolf a threatened or endangered species under the Endangered Species Act. It then analyzes Bennett v. State, which focused on the changed management regime and devastating wolf harvest of the 2019–20 season. The Article argues that the district and Alaska Supreme Court's decisions in the case were flawed because they failed to properly implement the "hard look" doctrine.

Note From The Editor

Alaska Law Review

No abstract provided.

A Trainwreck In The Making: The Alaska Railroad Right-Of-Way, John W. Pletcher, Mia E. Manney

Alaska Law Review

This Article argues that the Ninth Circuit erred in Alaska Railroad Corp. v. Flying Crown Subdivision Additions Nos. 1 & 2 Property Owners Ass'n by recognizing an exclusive use easement that permits the Alaska Railroad Corporation to unilaterally exclude private property owners from non-interfering uses of the right-of-way. Drawing on common law easement principles reaffirmed in Marvin M. Brandt Revocable Trust v. United States, the Article demonstrates that exclusivity must be conferred through specific language in a creating instrument and cannot be implied from federal railroad legislation. The Article calls for legislative reform and remedial judicial interpretation to curtail …

Protecting Bearded Seals In Alaska: The Esa, Critical Habitat Designations, And Climate Change, Caitlyn Leary

Alaska Law Review

Rapid climate change in the Arctic has accelerated the loss of sea ice, threatening the survival of one of Alaska's most vital species: the bearded seal. In 2012, the National Marine Fisheries Service (NMFS) listed the bearded seal as "threatened" under the Endangered Species Act (ESA). Ten years later, the agency designated approximately 174 million acres of occupied critical habitat for the seals on the northern coast of Alaska, along the Bering, Chukchi, and Beaufort Seas. NMFS reasoned that a large designation was necessary to account for the dynamic and seasonal nature of sea ice. In 2024, however, the U.S. …

Carbon Cash Back: A Green Ubi For A Decarbonized Future, Lily Skopp

Alaska Law Review

This Note supports a framework for climate governance that transforms carbon tax revenues into equal per‑capita cash distributions for all United States residents: a green universal basic income (UBI). It examines how the institutional structure of the Alaska Permanent Fund Dividend (PFD) can guide the design of a federal resource‑based dividend. By combining economic analyses of efficiency and distribution with legal scholarship on political salience and administrative design, the Note uses Alaska's PFD as an empirical case study to connect two often separate literatures. The Note introduces the PFD's key features—universality, independent fund management, and a narrative of collective resource …

Can Technology Augment Order Writing Capacity At Regulators?, Natasha Aggarwal, Amrutha Desikan, Bhavin Patel, Satyavrat Bondre, Dipyaman Sanyal

Indian Journal of Law and Technology

This article critically examines the opportunities and challenges of using technology, in particular Large Language Models (‘LLMs’), to assist regulatory order writing in quasi-judicial settings in India. It proposes augmenting rather than replacing human decision-makers, aiming to improve regulatory order writing practice through responsible use of LLMs. This article identifies the core principles of administrative law that must be upheld in these settings and analyses how inherent limitations of LLMs may undermine these principles. The article reviews international frameworks and case studies from various jurisdictions, highlighting common design principles. It proposes a comprehensive Problem-Solution-Evaluation ('PSE') framework for responsibly integrating LLMs …

You Must Be This Tall To Scroll: California's Questionable Approach To Parenting By Policy, Caroline M. Cuddy

Pace Law Review

This note examines California's Protecting Our Kids from Social Media Addiction Act (SB 976), signed into law in September 2024, which prohibits personalized algorithmic feeds on minors' accounts without pa- rental consent and restricts platform notifications during school hours and nighttime. Drawing on the Supreme Court's decision in Brown v. Entertainment Merchants Association and related federal litigation, this note argues that SB 976 is unconstitutional under the First Amendment. Specifically, SB 976 is underinclusive because it fails to meaning- fully reduce minors' screen time, exempts comparable addictive plat- forms, and permits the very algorithmic feeds it deems harmful upon parental …

Chipping Away At Stone: Rethinking The Establishment Clause After Kennedy, Christian Edmonds

Pace Law Review

In Kennedy v. Bremerton School District, the Supreme Court abandoned the Lemon test and replaced it with a framework grounded in historical practices and understandings. Yet lower courts have struggled to operationalize that standard, and some have continued to rely on Stone v. Graham, a brief 1980 per curiam opinion rooted entirely in Lemon, as controlling precedent. This Article argues that Stone cannot survive Kennedy’s wholesale repudiation of Lemon and its progeny. Using the Fifth Circuit’s decision in Roake v. Brumley, which struck down Louisiana’s Ten Commandments display law on the basis of Stone, as a case study, the Article …