Digital Commons Network^™

When Robots Read Westlaw: Linking Inputs And Outputs In Generative Ai Fair Use Analysis, Aaron Lam

Vanderbilt Journal of Entertainment & Technology Law

Generative artificial intelligence has revealed a novel tension in copyright law: a two-stage act (input and output) of copying that traditional fair-use doctrine never squarely anticipated. In the input stage, vast swaths of copyrighted expression are reproduced and ingested to train large language models. In the output stage, those models generate works that may substitute for or dilute the market of the originals. Courts now face both stages. Their rulings diverge when they consider training and outputs together. In Bartz v. Anthropic PBC and Kadrey v. Meta Platforms, Inc., the courts characterized training uses as “highly transformative,” yet reached opposite …

When The Purse Strings Paint The Picture: Executive Overreach And Censorship In Federal Arts Funding, Megan Brown

Vanderbilt Journal of Entertainment & Technology Law

For decades, the National Endowment for the Arts (NEA) has been tasked with distributing federal funds to museums, galleries, and artists to promote visual artwork for its meritorious qualities and cultural impact. However, the NEA’s role as both a patron and regulator of visual artwork has placed it at the center of a balancing act—funding creative expression that often displays controversial themes, while facing political pressure to define what is a worthy investment of taxpayer dollars. This conversation continues in light of recent executive orders: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and “Ending Radical and Wasteful Government DEI Programs …

Open Secrets, Robin Feldman Distinguished Professor Of Law, Vaughn Goehrig -- Center For Innovation

Vanderbilt Journal of Entertainment & Technology Law

Patents and trade secrets were never intended to meet, but in the world of biologic drugs, they’ve become as thick as thieves. Patent law’s disclosure requirement has demanded far too little of biologics manufacturers—allowing them to keep vital manufacturing details under trade secret lock and key. This intellectual property patchwork has been devastating for drug affordability: Because the most critical manufacturing information remains hidden, makers of follow-on biologics (called biosimilars) are often stuck reinventing the wheel, even after the original patents have expired. This Article makes two principal contributions to illuminating this problem. First, it presents, for the first time …

Limiting Inconsistencies In Legal Languages, Sarah B. Lawsky - Professor Of Law

Vanderbilt Journal of Entertainment & Technology Law

Inconsistencies play different roles in law and in logic, respectively, and programming languages designed to code law should therefore, when possible, be designed to prevent the encoding of inconsistencies. While inconsistencies in standard logic “explode” the argument, allowing anything at all to be proven, apparent inconsistencies in law simply indicate that further guidance is needed. Programming languages should be limited not because such inconsistencies do not exist in the statute, but rather exactly because they do. Inconsistencies in the law should, as they are now, be addressed by Congress, the courts, and administrative agencies, and any computer code implementing the …

Copyright

Missouri Law Review

No abstract provided.

Trade Secret Law’S Readily-Ascertainable Bar: Then And Now, Camilla A. Hrdy

Missouri Law Review

Information that is “readily ascertainable by proper means” cannot qualify as a trade secret. This requirement—what this Article calls the “readily-ascertainable bar”—is codified in the Uniform Trade Secrets Act (“UTSA”) and the federal Defend Trade Secrets Act (“DTSA”). Yet it is poorly understood and frequently misapplied. Drawing on historical case law and archival drafting materials from the UTSA, this Article shows that this bar was adopted to overrule a line of common law cases in which the courts had protected information revealed in publicly marketed products or expired patents. The UTSA’s drafters rejected this approach, instead seeking to deny trade …

2026 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding: 

Selma Botman, PhD, Provost and Vice President for  Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem: 

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks: 

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address: 

Hon. Rowan D. Wilson, Chief Judge of the State of New York and the New York Court of Appeals

Student Remarks: 

Quentin Decurnes, LL.M. Class Speaker, Class of 2026

Basya Bates, …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Artificial Intelligence In Healthcare: Ethical Frameworks, Challenges, And Global Approaches To Responsible Implementation: A Perspective, Vikas Vaibhav, Arwinder Singh, Yashpal S, Raviprakash Meshram, Varun Chandran A, Kshitiza Sharma

Graduate Medical Education Research Journal

Major advancements in domains like diagnosis and personalised treatment will be seen because of the rapid growth of artificial intelligence (AI) in healthcare. But this shift additionally presents significant ethical concerns that need to be carefully considered at every stage of AI's research, use, and impact on society in medical settings.

This review summarises the findings of multiple systematic and scoping reviews, as well as studies of specific AI applications published between 2013 and 2025. Additionally, it examines ethical norms from different countries and international organisations objectively. Consistent ethical challenges identified include the "black box" problem (lack of transparency and …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Chopped And Screwed: How The Soundexchange V. Sirius Xm Decision Remixes Section 114 Of The Copyright Act, Cat Wood

Journal of Intellectual Property Law

In SoundExchange, Inc. v. Sirius XM Radio Inc. (S.D.N.Y. 2025), the court held that SoundExchange—the congressionally designated nonprofit that collects and distributes statutory digital performance royalties under 17 U.S.C. § 114—lacks authority to bring suit to recover alleged underpayments. That ruling creates an enforcement paradox at the center of the section 114 statutory-license ecosystem: SoundExchange is the entity built to receive royalty reports, audit compliance, and distribute payments at scale, yet it cannot directly compel payment through litigation when the system fails. This Note argues that the decision misreads statutory structure by treating SoundExchange as a mere administrative clearinghouse rather …

Truth That Lies: How Literal Falsity Lost The Consumer And How To Restore It, Porter Alexander Tynes, Iii

Journal of Intellectual Property Law

The more deceptive the claim, the safer it becomes. Recent false advertising decisions hold that a categorical marketing promise is not literally false so long as it works for someone—even if it fails for ordinary consumers in ordinary use. Under this logic, technical accuracy immunizes practical deception, and truth is measured by theoretical possibility rather than communicative meaning.

This Note argues that this “truth for some” doctrine represents a sharp break from the Lanham Act’s consumer-protection purpose. Decisions such as BPI Sports v. ThermoLife invert the doctrine of literal falsity, transforming it from the Act’s strongest safeguard into a liability …

Using The Uniform For Views: How The Department Of Defense Can Better Protect Its Brand And Image, Maddox Rose

Journal of Intellectual Property Law

Today, the vast majority of American military servicemembers have active personal social media accounts. By creating and posting content online—particularly when in uniform—they run the risk of reflecting poorly on the image of the Department of Defense and their respective branches. Yet, the statutory and regulatory restrictions on content creation are loose and ambiguous. To combat this problem, either the Department and its branches should clarify their regulations, or Congress should amend its statutory protections. There is scholarly disagreement as to whether an entity’s right of publicity is violated when social media content is created that reflects poorly upon that …

Skin In The Game: The Case For Statutorily Excluding Tattoos From Copyright Protection, Emily Gamble

Journal of Intellectual Property Law

The growth of social media, AI-generated imagery, and name, image, and likeness (NIL) licensing has exponentially increased the reproduction of tattoos, yet their status under the Copyright Act remains unsettled. While tattoos arguably satisfy the threshold requirements of Title 17, their fixation on human skin challenges the definition of a "material object" and raises unique conflicts regarding bodily autonomy and publicity rights. Currently, courts address these disputes largely through equitable doctrines like implied license and fair use to avoid public policy failures, resulting in an unpredictable and incoherent legal framework.

This Note argues that judicial improvisation is insufficient to resolve …

Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley

Journal of Intellectual Property Law

Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, …

Patents And Technology Evolution: Altering Innovations And Innovators Via Patent Influences, Richard Gruner

Journal of Intellectual Property Law

Technologies improve primarily through evolutionary change not rational optimization. New technologies emerge as attempts to solve practical problems, the technologies are tested in marketplaces to determine if they are superior in cost and function to alternatives, and those that fare well in the testing gain widespread adoption.  Widely adopted technologies, and their problems, form the basis for the next round of technology improvements and evolution.  Through these steps, evolutionary processes lacking rational direction can generate changing technologies matched to the desires and problems of present society.

As they operate to advance diverse technologies, evolutionary processes governing technology change are subject …

The Expanding Patent Document: Fewer Claims, More Words, And The Drivers Of Growth, Dennis D. Crouch

Journal of Intellectual Property Law

Patent specifications have nearly quadrupled in length over the past four decades, rising from approximately 3,500 words in the early 1980s to over 13,000 words by 2025. At the same time, the average number of claims per patent has declined since peaking in 2005. Using the population of 7.6 million published patent applications from 2005 through early 2025, this Article advances a supply-side explanation for the persistent growth in specification length. The divergence between expanding specifications and contracting claims reflects a structural asymmetry in the USPTO fee schedule: excess claim fees impose a per-unit cost that visibly constrains claim counts …

Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow

Journal of Intellectual Property Law

Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …

The Prestige Economy Of Legal Scholarship, Jeffrey A. Katz, Jacob Sandler

Florida Law Review

Law reviews sit at the center of American legal scholarship, but their role is widely misunderstood. They are not peer-reviewed, yet the academy treats their placement decisions as markers of scholarly merit. This Essay argues that law reviews function as participants in a prestige economy—one in which reputation, familiarity, and institutional brand often matter more than substantive judgment. Tracing the student-edited model from its pedagogical origins to its modern professional consequences, this Essay shows how prestige became currency, how that currency shapes editorial and authorial behavior, and why the system strains under political and methodological pressure. It concludes by urging …

The Class Of 2026'S Achievements Celebrated At Commencement Awards Ceremony, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law honored members of the Class of 2026 during its annual Commencement Awards Ceremony, recognizing outstanding academic achievement, leadership, public service, legal writing, advocacy, and contributions to the law school community. The ceremony celebrated recipients of numerous faculty- and donor-sponsored awards prior to commencement.

What’S In A Name? Much Ado About “War-Sustaining” Objects, W. Casey Biggerstaff

International Law Studies

Recent conflicts have renewed the long-running debate over the legality of attacking economic objects under the law of armed conflict. Within that discourse, observers frequently frame the controversy in relation to an abstract U.S. “war-sustaining” position. Critics often characterize the United States as advancing a distinctive and overly permissive interpretation of military objectives that allegedly departs from the targeting criteria set forth in Article 52(2) of Additional Protocol I. This article challenges that characterization. It concludes that the United States does not apply a separate “war-sustaining” lex specialis to economic objects. Rather, U.S. practice reflects a contextual application of Article …

Extra Omnes: Analyzing The United States’ And Ireland’S Methods Of Quelling The Criminal Clergy Sexual Abuse Scourge, Dana Aprigliano

Journal of Catholic Legal Studies

(Excerpt)

In late 2008, an Irish businessman was successful in legally preventing sexual assault claims from being brought against him. In explaining why one “victim” should be discredited, the court cited a threat she made against the businessman to make allegations of a sexual nature against him if he did not pay her a sum of money. In particular, she told him that if he did not pay her, she would “have him . . . ’plastered all over the front of the Evening Herald like those p[e]dophile priests.’ ” Although the businessman was not a priest or, as it …

Will Power: Reconciling Halakha With Modern Estate Planning, Amanda Koptyev

Journal of Catholic Legal Studies

(Excerpt)

This Note will begin with an overview of Jewish laws of inheritance, using the biblical story of the daughters of Tzelafchad as a foundation and exploring Torah-based principles such as the double portion for the firstborn son and chukat mishpat. Part II examines Halakhic Wills, explaining their necessity and the mechanisms that make them compatible with Jewish law and secular systems. It also discusses the limitations of relying on the principle of dina d’malchuta dina, the principle that under certain circumstances, Jewish law requires that Jews be governed by the laws of the sovereign state, in cases …

Originalism, Methodolatry, And The Only Guarantee Of Wisdom, Chad Oldfather

Florida Law Review

More work on originalism would seem to be among the last things the world needs. Yet the author hope to add two things to the debate. The first is a suggestion that originalist practice and theorizing have fallen prey to the phenomenon of methodolatry. This refers to an excessive focus on refinement of method for its own sake and in a manner that loses sight of the goals the method is designed to serve and, more importantly, the tendencies and capacities of those who must implement it. The second is to point out that there is an ingredient of …

Does Good Originalism Need Good History?, Gary Lawson

Florida Law Review

One might think that originalism by definition is largely about history. After all, what does it mean to be “originalist” if not to be concerned primarily, if not exclusively, about the past? And if history is relevant, surely good history is better than bad history?

That seemingly obvious conclusion is not actually obvious. The role of good history, as with the role of any discipline—be it linguistics, epistemology, economics, classical studies, or political theory—depends on what questions one asks. And at least some forms of originalism ask questions for which the role of good history, as historians might define good …

Bringing An International Natural Resources Managemet Perspective Home To New Mexico, Katherine Tara

Natural Resources Journal

No abstract provided.

The War Below: Lithium, Copper, And The Global Battle To Power Our Lives, Katherine Castillo

Natural Resources Journal

No abstract provided.

Warming Up: How Climate Change Is Changing Sport, Jesse E. Mclaughlin

Natural Resources Journal

No abstract provided.

Wading In The Waters: The Public’S Use Rights In Non-Navigable Streams, Loren Vigil

Natural Resources Journal

In New Mexico, the water law of prior appropriation rules. As a result, no individual holds a complete right to ownership of water in New Mexico. Instead, New Mexico landowners hold only a right to put appropriated waters to beneficial use. Appropriation of waters requires diversion, a distinct feature that prevents landowners from claiming natural watercourses flowing through their property boundaries. The unappropriated waters of the state are then vested in the state via public trust, to be used and enjoyed by the public. This public right to use often abuts landowner property rights, as water flows over and through …