Digital Commons Network^™

Buying Blind: Corruption Risk And The Erosion Of Oversight In Federal Ai Procurement, Jessica Tillipman

GW Law Faculty Publications & Other Works

The United States is accelerating toward a corruption crisis of its own making. In its race to rapidly acquire artificial intelligence (AI), current policy risks undermining longstanding procurement integrity safeguards. This article examines how AI increases traditional corruption risks and introduces new vulnerabilities that current oversight mechanisms are ill-equipped to address.

Recent federal AI policies have accelerated adoption while simultaneously narrowing regulatory oversight, effectively leaving “regulation by contract” as the primary—and profoundly inadequate—mechanism for embedding safeguards. The consequence of these policies is that the government is “buying blind,” acquiring AI technologies without adequate transparency, audit rights, or testing requirements. These …

The Gsa’S Draft Ai Clause Is Governance By Sledgehammer, Jessica Tillipman

GW Law Faculty Publications & Other Works

The General Services Administration's proposed contract clause, GSAR 552.239-7001, attempts to embed AI governance into federal procurement through a single default instrument applied across GSA's commercial buying channels. The clause addresses real gaps in federal AI acquisition, including inadequate transparency, weak exit rights, insufficient testing authority, opaque supply chains, and unchecked vendor dependency. But it responds by aggregating buyer protections, operational control, sourcing mandates, and politically derived performance conditions into one overburdened clause. This essay examines what the draft gets right, where it overreaches, and why the federal government's rapid shift from an AI governance vacuum to a sweeping, politically …

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Trump's War On Diversity, Equity, And Inclusion, Nancy C. Marcus

Faculty Scholarship

Among the many head-spinning developments that have occurred from the first days of President Trump’s second presidency are his attacks on DEI (diversity, equity, and inclusion), including anti-DEI edicts targeting educational institutions. This article provides a chronology and analysis of the early 2025 Trump administration’s attacks on DEI targeting schools nationwide, the resulting harms, and responses thereto, including litigation. A discernible refrain in the early litigation challenging President Trump’s anti-DEI attacks targeting educational institutions across the country has been how those attacks cross a clear constitutional line: the prohibition of unconstitutionally obscure governmental mandates. At its core, the void-for-vagueness doctrine …

Fencing In A Technological Age: Utilizing Federal Regulatory Frameworks To Implement Virtual Fencing On Federal Public Land, Sam Johnson

Colorado Environmental Law Journal

No abstract provided.

Peak Bagging: The Land Acquisition History And Public Access Rights That Make It Mostly Possible, Andrea Shipton

Colorado Environmental Law Journal

No abstract provided.

Policy Recommendations And Ways Forward, Rachel Locke, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter discusses how the transformative ideas presented by the contributors can be applied in concrete and meaningful ways to policy, practice, and research. The chapter begins with a discussion of principles that were both crucial to the articulation of the recommendations and are similarly crucial to any proposal to address identity-based mass violence. The human-centered values of this volume demand a focus not only on outcomes but also on process, as these principles attest. The chapter then focuses on practical areas of action, from capacity building to funding to shifting narratives, and more. This chapter shifts from prescriptive policy …

Beyond Likes And Reposts: Social Media's Role In Warfare, Britney Arteaga

St. Thomas Law Review

Social media has become a double-edged sword in our current digital era, bringing both serious advantages and disadvantages to the forefront of domestic and international discussions. Social media has become a weapon in political, cultural, and even military conflicts due to the spread of unregulated content, despite it enabling people to interact, share information, and voice their opinions. Social media has facilitated the spread of hate speech, propaganda, and false information, which in turn distorts realities and shapes narratives and opinions. Social media's effect on both a domestic and global scale have been catastrophic, ranging from promoting violence to further …

Is Seeing Still Believing? Comparing Deepfake Regulations In The U.S. And E.U., Sara Weitz

Emory International Law Review

The rapid advancement of deepfake technology has fundamentally altered the trustworthiness of audio and visual media. Deepfakes, synthetic media generated through artificial intelligence, can skew political discourse, manipulate elections, and disproportionately harm women through nonconsensual deepfake pornography. As these issues intensify, the law must provide adequate protections without stifling innovation and infringing on fundamental rights. This requires a careful balancing act.

This comment compares the emerging regulatory frameworks governing deepfakes and artificial intelligence in the United States and European Union. In the United States, constitutional constraints limit federal regulation, resulting in a fragmented patchwork of laws at the state level. …

Feudal Is Fine Because Property Is Sovereignty: Rational Basis Equal Protection And The New Noncitizen Land Laws, Jill M. Fraley

Scholarly Articles

States are enacting a new wave of land laws restricting noncitizens’ ownership of real property, prompting immediate constitutional challenges grounded in equal protection and federal preemption. Most commentators assume these laws are unlikely to survive modern scrutiny. This Article argues that these land laws rest on a constitutional logic that remains both doctrinally intact and normatively compelling: the treatment of real property as an incident of state sovereignty rather than an ordinary site of economic regulation.

Against prevailing accounts, this Article shows that the Court’s jurisprudence has never subjected all citizenship-based classifications to heightened scrutiny. Instead, the Court has consistently …

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …

Ai Training Is Fair Use: The Beginning Of The End Of The Copyright Assault On Gen Ai, Michael D. Murray

Journal of Law, Technology, & the Internet

Two federal courts overseeing claims against the developers of generative artificial intelligence (GenAI) have pointed the way to resolving these infringement actions by finding that the training of GenAI models is a transformative fair use under copyright law. While the two opinions differed in tone and scope, this article takes these rulings as the starting point for a discussion on resolving the ongoing copyright claims against AI developers, signaling what may be the beginning of the end of the copyright assault on GenAI.

The goal of this article is to inject urgency into resolving these matters. It asserts that uncertainty …

The Last Human Question: Generative Ai's Existential Threat To Consensus And Law, Joshua Fairfield

Scholarly Articles

The true risk of artificial intelligence (“AI”) is not that the toasters will rise up. It is that AI will be competent to perform human tasks and indifferent to human welfare. The risk is that we will be outcompeted by generative automated processes that create output similar to ours (although never the same, as this Article explains), but which need none of the outputs of the economy for food, shelter, or human flourishing. Further, a more precise and existential description of the threat is that generative AI will disrupt and crowd out humanity’s evolutionary superpower, our ability to generate agreement …

Access To Primary Care And Health Care Fragmentation, Sharona Hoffman, Ishani Ganguli

Faculty Publications

This Article examines the growing crisis of long primary care wait times and the health care fragmentation that is associated with them. Patients who feel ill or are worried about new symptoms must often wait weeks or longer for appointments. In the wake of excessive wait times for primary care physician (PCP) appointments, patients increasingly turn to convenience care models such as urgent care centers, retail clinics, direct-to-consumer telemedicine, and at-home testing. While these alternatives offer prompt attention, they sacrifice other core functions of primary care and may exacerbate poor health outcomes and inequities. The Article argues that long wait …

Leadership In Chaos: Law Enforcement Perspectives On Addressing The Missing Piece Of Nims, Joshua Pierce

Theses, Dissertations and Capstones

The purpose of this qualitative study was to investigate the perceptions of law enforcement leaders regarding how to address the missing piece of the National Incident Management System (NIMS): the initial, chaotic phases of large-scale incidents. Specific elements investigated included the major challenges faced by incident commanders, the necessary knowledge and skills required, effective training models, the receptivity of the law enforcement community to new and/or additional training, any perceived implications for personnel, and evidence-based guidelines and recommendations from policymakers and leaders. Purposeful, convenience, and snowball sampling were used to select study participants. Study participants (n=20) were active, sworn law …

The Lives Of Fritz Haber And Of International Law: Entwined Tales Of Tragedy And Irony, Mark A. Drumbl, C. William Vardy

Scholarly Articles

This article recounts the life of international law through the story of a single individual. This is the narrative of biographical international law. The subject — equally protagonist and antagonist — of this article is Fritz Haber, a German-Jewish scientist born in 1868. Devoted to the Kaiser, Haber was declared a war criminal by the Allies following World War I for having been ‘the father’ of chemical warfare. Haber argued that chemical weapons were more humane than conventional weapons. While under this shadow, Haber also won the Nobel Prize for chemistry in 1920 for his pioneering work with ammonia …

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Scholarly Works

This paper argues that the legal ethics of AI extend far beyond competence and hallucinations. It shows how AI often functions as a mirror, exposing deeper ethical questions about institutional incentives, lawyer wellbeing, access to justice, and AI's broader social and environmental impacts.

How Equity Changes, Samuel L. Bray

Public Law and Legal Theory Working Papers

In Trump v. CASA, the Supreme Court decisively rejected universal injunctions and offered a major decision about the law of equity. This Article grapples with a central question raised by CASA: if equity is not static, then what counts as legitimate innovation? This Article argues (1) that equity, in order to perform its functions, must have the capacity to innovate; (2) that any innovation should be in keeping with those functions and with equity’s own principles; and (3) that the primary stewards of the law of equity are the courts, not Congress. The vulnerabilities of Grupo Mexicano on these points …

Valuing Future Lives, Daniel J. Hemel, Jonathan S. Masur

Public Law and Legal Theory Working Papers

Federal regulation often involves a tradeoff between monetary costs in the present and life-saving benefits in the future. A central question in regulatory cost-benefit analysis is how to assign a present dollar value to future lives so that future lives and present dollars can be compared. For regulations that are projected to prevent deaths years or decades down the road, agencies make two key analytical moves. First, they adjust the value of a statistical life upward to reflect the fact that society’s willingness to pay to save lives will rise as people become wealthier in the future. Second, they discount …

Administrative Self-Constitutionalism, Brian Lipshutz

Public Law and Legal Theory Working Papers

Since the days of the Interstate Commerce Commission, federal agencies have generally refused to address the constitutionality of statutory provisions. They have offered little reasoning to justify that refusal, yet scholars have generally accepted it. This Article explains why agencies can—and should—address constitutional challenges to statutory provisions.

Agencies have the power to assess the constitutionality of statutory provisions. They already exercise a similar authority when they apply the canon of constitutional avoidance and consider the constitutionality of individual actions. There is no basis for stopping short of addressing challenges to statutes. And many scholars have recognized that, as a formal …

Agglomerama, Lee Anne Fennell

Public Law and Legal Theory Working Papers

No abstract provided.

Redundant Public-Private Enforcement, Zachary D. Clopton

Public Law and Legal Theory Working Papers

Redundancy is a four-letter word. According to courts and scholars, redundant litigation is costly, unfair, and confounding. Modern civil procedure has a (nearly) maximalist preference for centralization, and various rules seek to limit duplicative suits within and across court systems. This seemingly dominant view stands in marked contrast to the reality of the modern regulatory state. Redundant public-private enforcement, in which public and private actors have overlapping authority to enforce the law, is ubiquitous. Redundant enforcement also is noticeably underrepresented in the substantial literature on private and public enforcement, which typically treats government agencies and private attorneys general as substitutes …

Reversing Progress: The Political And Legal Ramifications Of The 2025 Dei Policy Rollback, Bridgette Baldwin

Faculty Scholarship

The year 2025 will mark a significant turning point in the landscape of American civil rights policy, as federal executive orders the Trump administration initiated seek to dismantle longstanding diversity, equity, and inclusion ("DEI") initiatives. Rooted in a historical context of civil rights progress, these orders aim to curtail affirmative action programs, eliminate DEI mandates within federal agencies and contractors, and challenge the legal foundations of inclusive policies across the country. This Article explores the evolving landscape of civil rights and DEI in the United States, examining its historical roots, recent legal and political developments, and ongoing challenges. From landmark …

Expanding Astrobiology: The Case For A Lunar Biorepository, Mary Hagedorn, Lynne R. Parenti, Robert A. Craddock, Pierre Comizzoli, Paula Mabee, Bonnie Meinke, Susan Wolf, John C. Bischof, Rebecca D. Sandlin, Shannon N. Tessier, Mahmet Toner, Baptiste Journaux, Robert Ambrose, Garret Fitzpatrick

Articles

Earth’s resources are essential to support an expanding presence beyond the planet. Yet global conflicts, environmental change, and natural disasters threaten ecosystems and biodiversity, putting the integrity of Earth’s ecosystems and its resources at risk. These converging challenges underscore the urgency to develop innovative strategies to conserve Earth’s biodiversity. Astrobiology—seeking to understand life’s origins, limits, and potential beyond Earth—plays a central role in this effort, helping to preserve Earth’s species while also providing critical assets to explore and work in space. A Lunar Biorepository was proposed to hold cryopreserved samples from among the most critical species on Earth. Here, we …

From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila A.

UIC Law Open Access Faculty Scholarship

No abstract provided.

Why Boards Should Have Rotating Contrarians, Dana Brakman Reiser, Claire A. Hill

Articles

Too often, for-profit and nonprofit boards are too passive, deferential or both. Their failures to engage their critical faculties have resulted in serious harms as diverse as Boeing planes crashing and the NRA squandering millions of dollars. This article proposes a simple mechanism to stimulate critical thinking by individual directors and improve overall board dynamics: a designated contrarian position that rotates among members of the board. During her term, the contrarian’s job would be to raise objections to the organization’s proposed actions – or inaction. After their terms, each contrarian would resume her duties as a regular board member, replaced …

Untangling Ai Openness, Parth Nobel, Alan Rozenshtein, Chinmayi Sharma

Articles

The debate over AI openness—whether to make components of an artificial intelligence system available for public inspection and modification—forces policymakers to balance innovation, democratized access, safety, and national security. By inviting startups and researchers into the fold, it enables independent oversight and inclusive collaboration. But technology giants can also use it to entrench their own power, while adversaries can use it to shortcut years and billions of dollars in building systems, like China’s DeepSeek, that rival our own. How we govern AI openness today will shape the future of AI and America’s role in it.

Policymakers and scholars grasp the …

The Paradox Of Intellectual Property At The U.S. Supreme Court, Tonja Jacobi, Matthew Sag

Faculty Articles

The Supreme Court is dramatically more politically polarized in the Roberts Court era, and the justices have been criticized for highly ideological and partisan decision-making. Yet, we show that there is one area of law that is becoming less ideologically divided and predictable: intellectual property (IP). In an earlier study, we showed that, prior to the Roberts Court, IP case outcomes were predictable based on judicial ideology, with more conservative justices embracing IP rights, as they do for real property. In the last two decades, IP has become more influential on the economy and society, through the increasing dominance of …

Ip @ The U - January 2026, Jorge L. Contreras, Jonas Anderson

Law School Historical Documents

Welcome to IP @ the U, a periodic newsletter for students, alumni, faculty and friends of the University of Utah College of Law's Program on Intellectual Property and Technology Law. This issue covers highlights from Fall 2025 and early Spring 2026.

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …