Digital Commons Network^™

The Deepfake Dilemma: Fake Images, Real Victims, And The Legal Void In Addressing Non-Consensual Deepfake Pornography, Elizabeth A. Safaryn

William & Mary Journal of Race, Gender, and Social Justice

This Note evaluates the various legal remedies available to victims of non-consensual deepfake pornography. As deepfakes are a relatively new but rapidly advancing technology, it is difficult for the law to keep up with the mass creation and distribution of AI-generated images on the Internet. With the competing interest of constitutionally protected speech, current deepfake laws fail to address non-consensual intimate image sharing (NCII) explicitly and lack the necessary deterrent effect to curb their proliferation. With an initial background on deepfakes and machine learning, this Note then explores the strained relationship between the First Amendment and the available civil remedies …

Export Controls As Intellectual Property Regulation, Doni Bloomfield

Faculty Scholarship

Export-control laws have long regulated information created outside of the U.S. government. Legal scholars have paid little attention to these national-security laws, and have not recognized that the government uses them specifically to assert a right to suppress information held in patent applications and trade secrets. In this Article, I present a new history of the relationship between export controls and intellectual property to show how the government regulates IP transfers, and how the state uses IP laws to national-security ends. Export-control laws regulate IP by controlling how people in the United States and beyond can share or use inventive …

The Color Of Innovation And Law: An Analysis Of Racialized Populations Adversely Impacted By Structural Inequities In Intellectual Property Law And Biometric Technologies, R.S. Rowe

Student Works

No abstract provided.

Gentrification – Who’S It Really For? The Criminalization Of Communities Of Color To Make Room For Luxury, Joli Doñé

Student Works

No abstract provided.

Improving The Game: How Removing Health And Safety Protocol From Nfl Collective Bargaining Agreements Can Serve To Benefit Players And The League Altogether, Randall Lazzaro

Student Works

No abstract provided.

Immigration Detention, Punishment Without Conviction: Civil In Name Only, Christopher Mongelli

Student Works

No abstract provided.

Lewis V. Casey, Or Lexis Versus Westlaw? Benefits Of Updating Prison Law Libraries With The Latest Ai-Powered Research Tools, Joseph Holland

Student Works

No abstract provided.

Reconnecting Behind Bars: Why Visitation Reform Matters For Reentry Success, Aaron Menzelefsky

Student Works

No abstract provided.

Gambling Away The Integrity Of Sports, Michael P. Cesa

Student Works

No abstract provided.

The International Olympic Committee’S Rule 50 In The Land Of The Free (Speech), Holly Bebout

Student Works

No abstract provided.

Age, Ambiguity, And Administrative Overreach: How U.S. Import Law Keeps American Motorsport In The Slow Lane, Conor Abbamonte

Student Works

No abstract provided.

It’S Not A Trap!: How Employers Can Adjust To Noncompete Agreement Bans & Restrictions With Fair Alternatives, Sophia D’Agostino

Student Works

No abstract provided.

Health Data Under Siege: The New Frontier Of Information Warfare, Karina T. Agarwal

Student Works

No abstract provided.

An Unjustified Judicial Invention: A Case For The Removal Of The Natural Law Exception For Patentable Subject Matter, Bradley O. Schlager

Student Works

No abstract provided.

Shock The System: Pouring Water On The Cpuc’S Income-Graduated Flat Rates In Favor Of More Effective Rate Structures, Benjamin Hill

Dickinson Law Review (2017-Present)

The volume of rate cases in the United States continues to increase, resulting in constant price hikes for utility customers. The battle between corporate profit and consumer financial satisfaction will likely continue. Considering these diametrically opposed interests, the California Public Utility Commission, at the behest of the California legislature, decreased the rate consumers pay for usage and added fixed fees based on income to utility bills. The broader goals of the Commission’s model are to maintain utility profitability, alleviate the financial burden consumers face, promote energy conservation, and develop energy efficient technology to combat greenhouse gas emissions. This Comment will …

Challenging Agency Deregulation, Todd S. Aagaard

Faculty Publications

The administrative state is experiencing two seismic shifts. First, in recent years, the Supreme Court has issued a series of decisions that significantly curtailed the powers of administrative agencies. Second, President Donald Trump is using administrative agencies to aggressively deregulate in his second term. The conventional wisdom is that the Supreme Court’s recent precedent will facilitate the Trump Administration’s deregulatory agenda.

This Article argues the opposite. Instead of promoting agency deregulation, recent Supreme Court precedent restraining agency authority provides a potentially powerful basis for challenging agency deregulation as administrative overreach. Time and time again, the Court has taken agencies to …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

The Future Of U.S. Higher Education: Equity Implications Of Shifting Immigration Policies, Research Institute For Social Equity Rise

Research Institute for Social Equity

This report examines the impact of U.S. immigration policies on higher education and international students from 2000 to 2025. It traces five major policy eras, from the post- 9/11 security overhaul and Obama-era expansion to the restrictive turns of 2017–2020 and 2025, and analyzes how shifting regulations have influenced enrollment patterns, economic contributions, and student well-being. Despite hosting more than 1.1 million international students in 2023–2024, the U.S. share of the global student market has fallen from 20% to 16%, underscoring how policy volatility and restrictive measures weaken national competitiveness. Drawing on federal data, scholarly research, and institutional reports, this …

Striving To Thrive: Balancing Digital Health Innovation And Patient Protection Under Thailand’S Legal Framework, Thidarat Liamsomboon

Theses and Dissertations

The digitalization of health care has fundamentally transformed how health care services are accessed, delivered, and experienced worldwide. Telemedicine, artificial intelligence–assisted diagnostics, electronic health records, wearables, and mobile health applications are no longer novelties, but have become a substantial part of a modern clinical practice. Although these technologies offer great prospects for making health care more accessible, reducing administrative burden, and improving the quality of care, they also pose significant legal and regulatory challenges. The rate of technological development has far outpaced Thailand’s existing legal frameworks for regulating medical practice, professional accountability, and patient protection. This regulatory “lag” has generated …

The Path To Abundance: The Legal, Policy, And Political Challenges Of An Abundance Agenda, Eric Biber

William & Mary Environmental Law and Policy Review

A range of public intellectuals and academics have argued that America is increasingly unable to advance major projects, such as housing, renewable energy, and innovation, because of legal obstacles such as judicial review and regulatory requirements. In response, the abundance movement has called for legal reforms to speed up project development. The abundance movement has identified real problems that require solutions. Unfortunately, the movement also faces political and legal challenges as well. Reform will require difficult tradeoffs, which will be politically difficult. Abundance reforms will likely not be politically popular, and will be particularly hard to implement in a polarized …

A Green Supply Chain Or A Greenwashed Ad Campaign? Supply Chains, Environmental Marketing, And The Energy Transition, Meredith A. Wegener

William & Mary Environmental Law and Policy Review

Building upon prior research and scholarship, this Article is a study into supply chain environmental marketing, the Federal Trade Commission, and the evaluation of potential changes to the Green Guides under the umbrella of the global energy transition. While prior legal scholarship has addressed details of environmental marketing such as fashion, recycling, or agricultural practices, this Article brings this work forward and addresses the collective challenge the global supply chain creates for all environmental claims across industries in truthful environmental marketing.

What is truth-in-advertising in environmental marketing, given the global path of consumer products? In Part I of this Article, …

Are You Your Expert's Keeper? Assessing The Impact Of Generative Ai And Expert Testimony, Hon. John G. Browning

Nova Law Review

No abstract provided.

Human Or Machine? Evaluating Authorship In The Age Of Generative Ai, Risauris Sanz-Garcia

Nova Law Review

No abstract provided.

Built To Collide? Antitrust Risks And Gender Equity Tensions In The House V. Ncaa Settlement, Alex Strickland

Nova Law Review

No abstract provided.

Broken Lands And Trusts: The Omnipresence Of The Natives’ Land Act Of 1913 And The Persistence Of Its Inequity, Emily Venkatesan

Emory International Law Review

The hallmark of all colonial and ex-colonial states is the preservation of racial hierarchy where a minority of white colonizers reserve complete control over the political, social, and economic landscape of a colonized nation. One of the most powerful exercises of this colonial oversight is the use of western property law to strip native landowners of their property interests and redistribute that land to white colonizer for economic and social power. Access and ownership of land is crucial for maintaining the colonial state. Land provides social and economic leverage in the hands of the indigenous nation, but strengthens the colonial …

Gamification: The Viability Of Using Genai To Create Games To Teach Legal Concepts, Nicole Belbin

Faculty Scholarship

This Essay examines whether generative artificial intelligence (GenAI) can lower the technical, time, and cost barriers that have limited the use of game-based learning (GBL) in legal education. It first considers the science of learning, focusing on spaced practice, retrieval practice, and concrete examples, and explains how GBL can incorporate these strategies. It then evaluates four general-purpose GenAI tools—Perplexity, Gemini, ChatGPT, and Claude—by testing their ability to state legal rules accurately and create games that teach personal jurisdiction.

The results demonstrate both GenAI’s promise and its limitations. Although all four tools incorporated core concepts of general jurisdiction, each omitted at …

Peeking Inside The Black Box: Discovery In Fair Housing Act Cases Arising From Ai Decision Making, Jessica Mahon Scoles

Faculty Scholarship

In today’s real estate market, more housing decisions are being automated. If artificial intelligence renders a biased decision, will the person impacted have any legal recourse? Commentators have expressed concern that the proprietary nature of AI will allow defendants in discrimination lawsuits to avoid discovery, effectively shielding their decision making from judicial scrutiny. This article examines whether AI and algorithm-related information is the discovery black box that some fear it to be.

Addressing the issue in the context of Fair Housing Act (FHA) litigation, the article argues that concerns about access to AI and algorithm-related discovery are overstated. In real …

Accounting For Spatial Effects And Social Norms In Making Algorithmic Law: Insights From And Applications In Urban Mobility, Jingkang Gao

Journal of Law and Mobility

This Article examines a prominent idea in the law and technology literature: that algorithms and big data can be used to make law dynamic and personalized. As currently envisioned by legal scholars, “algorithmic law” entails laws that adjust in real time to changing conditions and vary across individuals, improving welfare by tailoring legal rules and standards to personal characteristics.

This Article argues that this vision of algorithmic law is incomplete—and often counterproductive. Existing proposals treat personalization as a function of individual attributes alone, overlooking the fact that effects of individual behavior are fundamentally interactive. Individual behavior is shaped by spatial …

A Golden Age For Us . . . Or For The Airlines? Ensuring Robust Federal Consumer Protections To Make Flying Great Again For Everyone, David S. Nahmias, Julian Sanghvi

Journal of Law and Mobility

Flying today is not meaningfully better for passengers than it was twenty years ago—and the airlines are largely to blame. Airlines leverage opaque pricing practices and junk fees to extract greater revenue from passengers, while the quality of air travel has deteriorated. Despite its mandate to protect the flying public and the air travel market from deceptive and anticompetitive practices, the Department of Transportation has been largely captured—adopting industry-favorable regulations and procedures while cutting commonsense consumer protections. This Essay examines the airlines’ coordinated campaign to circumvent and dismantle consumer protections, and how the industry have largely captured the federal agency …

Mitochondrial Replacement Techniques For Infertility: How Legal Barriers Harm Patients And Children, Kerry Lynn Macintosh

Health Matrix: The Journal of Law-Medicine

Recent studies show that mitochondrial replacement techniques (“MRTs”) can help women with poor egg quality and repeated IVF failures get pregnant and deliver healthy children. Unfortunately, infertile Americans can derive no hope from this promising development.

The U.S. Food and Drug Administration (“FDA”) claims jurisdiction over novel assisted reproductive technologies. Fertility clinics and doctors who want to provide MRTs must submit an investigational new drug (“IND”) application to the FDA and wait for approval before proceeding with clinical trials. However, for the past decade, Congress has enacted an annual appropriations rider that precludes the FDA from acknowledging receipt of applications …