Digital Commons Network^™

Clean Data: Recursion As Pollution In Environmental Ai, Joshua Fairfield

Scholarly Articles

If “data is the new oil,” then corruption in the data used to train artificial intelligence (AI) constitutes a new form of pollution. Environmental AI has traditionally been discussed in terms of its indirect effects on the environment—the irony of burning power, processor cycles, and heat to produce solutions to stop and heal environmental damage. But there is a deeper problem. When environmental AI suggests interventions, its outputs are written onto the landscape. If that landscape is then read as data to retrain AI, there is a risk of model collapse and catastrophic forgetting, as the snake devours its own …

Parameters Spring 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Spring 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Russia, Ukraine, and NATO; Strategic Competition and Managing National Security; and Joint Sustainment Strategies), the regular Civil-Military Relations Corner installment, and a review essay.

The Trump Administration’S Recent Removals To El Salvador Violate The Prohibition On Transfer To Torture, Rebecca Ingber, Scott Roehm

Online Publications

Several of our colleagues have already provided excellent analyses of the fast-evolving legal and factual questions presented by President Donald Trump’s pretextual and abusive invocation of the Alien Enemies Act to transfer to El Salvador 238 Venezuelan men who it alleges are members of the Tren de Aragua gang. We are writing to flag a separate issue that this case has created, one that applies to anyone removed from the United States under any authority: the administration is sending people to a country where there is a quite significant risk they will be abused. Whatever the authority the administration might …

Taking Proportionality Seriously: A Countercultural Approach, Suzanne Chiodo

Articles & Book Chapters

Proportionality was introduced into Ontario’s Rules of Civil Procedure in 2008. A plain reading of Rules 1.04(1) and (1.1) is the ‘traditional’ interpretation of proportionality: that proportionality is merely the means of furthering efficiency and economy in individual cases, with the aim of better securing substantive justice on the merits in those cases. The relative measure is what is at stake in the individual case. This article suggests a counter-cultural interpretation: that proportionality is equal in importance to substantive justice and that, in certain circumstances, substantive justice in individual cases must give way to proportionality, in order to secure the …

Property Rights In Digital Assets Under Uniform State Laws In The United States, Benjamin Geva

Articles & Book Chapters

No abstract provided.

Ukraine’S Not-So-Whole-Of-Society At War: Force Generation In Modern Developed Societies, Ilmari Käihkö, Jan Willem Honig

The US Army War College Quarterly: Parameters

This article argues that Ukraine offers a cautionary tale regarding the two main modern models of force generation. Neither the professional high-tech war model, favored by Western militaries, nor the whole-of-society war approach, said to have saved Ukraine in 2014 and 2022, proved successful formulas for Ukraine. Considering that Ukraine is fighting for survival, with Russian forces inside the country, the failure of both models in action has serious implications for NATO member states as they deliberate their choices regarding future force generation.

Measuring Interoperability Within Nato: Adapted Off-The-Shelf Or Bespoke Solution?, John R. Deni, Matthew R. Macleod, Sarah E. Stewart, Katherine M. Banko, Adrian Jones

The US Army War College Quarterly: Parameters

Despite decades of work on interoperability, NATO Allies cannot measure, assess, and build upon it fully and accurately. The lack of agreed formats or standards for collection, management, and the communication of findings have prevented the Allies from developing common interoperability measurement and assessment tools. Nonetheless, NATO could adopt extant standards, methodologies, processes, or tools to achieve its interoperability objectives. Testing this notion through use cases, the authors identify practical and conceptual hurdles to adopting an off-the-shelf solution. They conclude that the Alliance may need to create assessment standards, methodologies, processes, and tools from scratch, despite the difficulties of doing …

By All Means Available: Memoirs Of A Life In Intelligence, Special Operations, And Strategy, Todd Greentree

The US Army War College Quarterly: Parameters

Todd Greentree examines By All Means Available: Memoirs of a Life in Intelligence, Special Operations, and Strategy by Michael G. Vickers, who Greentree views as an exemplar of strategic leadership for current and future leaders.

Brief Of 30 Scholars Of Law, Economics, And Medicine As Amici Curiae In Support Of The Petition, Charles Duan

Amicus Briefs & Court Filings

Amici curiae are scholars of law, economics, and medicine, listed in the Appendix. Their interest is in the proper development of patent law in ways that best promote the interests of innovation access and the public interest.

Brief Of 76 Scholars Of Law, Business, Economics, And Medicine As Amici Curiae, Charles Duan

Amicus Briefs & Court Filings

No abstract provided.

Human-Animal Chimeras: An Omen For Disaster Or An Answer To Our Prayers?, Catherine A. Zimmermann

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the purpose of chimera research, various ethical arguments, and the current perception of chimera research in the United States to address aspects of the proposed legislation. Chimeras are unique in that they have both human and animal cells. Taking this into account, I also discuss the current regulatory structure and legal protections which provide a framework for the regulation of chimera research. I explain and analyze the law regarding the NIH moratorium and explore factors that have led the United States to consider lifting the moratorium while examining different legal perspectives which explain …

“Don’T Say Gay”: Florida’S Suppression Of Lgbtq+ Identities Under The Guise Of Parental Empowerment, Alex J. Snow

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note first discusses the legislative and judicial history of Title VII of the Civil Rights Act of 1964 (“Title VII”) and Title IX. Primary attention is directed toward the interplay between the statutes, their similarities, and the theories pursuant to which discrimination may be established under each. Next, this Part discusses the historical debate over the scope of “sex” discrimination under Title VII and Title IX. Then, this Part examines the landmark Supreme Court case Bostock v. Clayton County’s substantial impact on the judicial interpretation of “sex” under Title VII and Title IX. Lastly, …

Shoot First, Think Later, Pay Never: How Qualified Immunity Perpetuates The Modern-Day Lynching Of Black Americans And Why Abolition Is The Answer, Abigail Sloan

Journal of Civil Rights and Economic Development

(Excerpt)

The purpose of this Note is to analogize today’s police killings of Black Americans to lynchings, and to examine how qualified immunity is one of many mechanisms governments and police departments use to evade accountability. The word “lynching” itself evokes an emotional and disturbing image of horror from the reconstruction-era South, with images of terroristic, racist violence which can be uncomfortable and traumatizing to confront. However, in using the word “lynching,” I intentionally and respectfully draw upon the similarities between historical lynchings and the police killings of Black Americans today, particularly in tracking the evolution of brutal violence to …

One Person, Endless Data: Prohibiting Personal Political Viewpoint Data Processing To Combat Voter Suppression, William Eddy

Journal of Civil Rights and Economic Development

(Excerpt)

Polarization in American politics and elections continues to rise, due in no small part to advancing digital marketing technologies co-opted by political actors. In 2016, Cambridge Analytica, a political consulting firm, spearheaded right-wing populist campaigns to political victory in the United States and United Kingdom. The firm reconfigured commercial data processing methods to process personal political viewpoint data (“PPVD”) and perform “psychological manipulation.” While the firm has since dissolved, such practices are still used to manipulate American elections.

The European Union (“EU”), also in 2016, enacted the General Data Protection Regulation (“GDPR”). As a comprehensive data privacy reform, GDPR, …

When Does A Lie Become An Obstruction Of Justice?, Michael Allain

Journal of Civil Rights and Economic Development

(Excerpt)

Most people agree that lying is wrong. The early English, for example, were particularly sensitive to lying: “King Alfred provided that the slanderer shall have his tongue cut out, unless he could redeem it with the price of his head.” But determining which lies are culpable, if any, is thorny; some say harm-causing lies are culpable, while others disagree, advising caution.

Naturally, this debate has found its way into our law. One example lies in the obstruction of justice adjustment—a sentencing enhancement in the Federal Sentencing Guidelines (“the Guidelines”). How does that provision determine when a lie is culpable? …

A Conversation With George Bouvier, Cardozo Fame Center, George Bouvier

2025 Event Invitations

Join the FAME Center as we host the Founder and Executive Director of Academia Cerebra, George Bouvier. He will be in conversation with the Fashion Law Society to discuss FAME’s collaboration with Academia Cerebra, Europe’s premier academy specializing in luxury fashion.

Motion For Leave To File Brief Of 31 Intellectual Property And Media Law Professors As Amici Curiae In Support Of Appellant And Reversal, Christine Farley

Amicus Briefs & Court Filings

Amici Intellectual Property and Media Law Professors respectfully move for leave to file a brief in support of Appellant in this appeal, pursuant to Federal Rule of Appellate Procedure 29(a)(2) and (a)(3) and 11th Circuit Rule 29-1.1 The proposed brief is being tendered herewith. All parties have received notice of the filing of this motion and proposed brief. Counsel for Appellant has consented to the filing of the proposed brief; counsel for Appellee has advised that Appellee opposes the filing.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Re-Imagining Tomorrow: A Technology, Innovation Law, And Ethics Symposium On Addictive Technology And Children, Margaret Chon

Seattle University Law Review

In this Foreword, Professor Margaret Chon introduces Seattle University's Technology, Innovation Law, and Ethics (TILE) program, the 2024 TILE Symposium, and Dr. Gaia Bernstein’s Unwired: Gaining Control Over Addictive Technologies.

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …

Moral Panic Or Public Health Crisis? Lessons From Drugs And Gambling For “Addictive” Design, Matthew B. Lawrence, Haomin (Kevin) Yan

Seattle University Law Review

Alcohol, automobiles, guns, lottery, loot boxes, meat, music, opioid painkillers, processed foods, prop bets, slot machines, television, tobacco, violent video games. Over the last century each of these has been subject to concerns—some might even say “moral panics”—from parents and policymakers about avoidable harms to kids and adults. In some cases we look back with the benefit of hindsight and dismiss those concerns as naïve or moralistic. In others we look back at them as justified or as having come too late to check an expanding industry before it did unfathomable harm while growing so powerful that it became all …

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

March 18, 2025 — 2025 Coalition Letter Supporting Dr. Lorna Breen Reauthorization Act, American Dental Association

Advocacy in Action letters

No abstract provided.

Was The Niit A Treaty Override?, Reuven S. Avi-Yonah

Law & Economics Working Papers

Three court decisions have recently addressed the interaction of the Net Investment Income Tax (NIIT) and US tax treaties. The issue was whether the treaty provided an independent basis for crediting a foreign tax against the NIIT, because no such credit is available under the Code. First, in Toulouse, the Tax Court held that there was no treaty based credit. Second, in Christensen, the Court of Federal Claims held that a treaty-based credit was available, distinguishing Toulouse. Third, in Bruyea, the Court of Federal Claims issued a broader opinion that allowed the credit. Importantly, Bruyea addressed an issue that was …

Political Psychology As Applied To The Israeli Palestinian Conflict, Michael J. Reimer Dr

Department of Political Science and Law Faculty Scholarship and Creative Works

The of the field of study of Political Psychology can be a useful tool in analyzing both the Israeli Palestinian conflict and the attempt to resolve it in the twenty-first century.

Executive Watch: Trump's Weaponization Of Civil Lawsuits, Timothy Zick

Popular Media

This post focuses on civil suits by government figures, mainly by the sitting president. It comes at a time when the legitimacy of the New York Times v. Sullivan case is being challenged, and while efforts to establish a national anti-SLAPP law are being thwarted.

“Burned At The Stake”: Unpacking Disinformation In The Story Of A Coach Allegedly “Terminated” For Expressing Anti-Transgender Women Athlete Beliefs, Ellen J. Staurowsky

Journal of Issues in Intercollegiate Athletics

On August 29, 2023, a video testimony entitled ‘Burned at the Stake’: One NCAA Coach’s Battle to Protect Women’s Sport was released. The film was part of a “female athlete storytelling series” developed and funded by the Independent Women’s Forum (IWF) designed to support the IWF’s stated agenda to “fight to save women’s sports and counter the radical agenda that seeks to erase women” by allowing transgender girls and women on teams that match their identities. The central figure in the video is Kim Russell, then head women’s lacrosse coach at NCAA Division III Oberlin College, who claimed her right …