Digital Commons Network^™

Teaching Around Generative Ai Plagiarism Risks, Nancy C. Marcus

Faculty Scholarship

Much has been written and said about generative AI's potential uses and misuses by lawyers and law students in the past year. This essay does not rehash the many ongoing discourses about whether, how, and to what extent generative AI (GenAI) can be used for and taught in legal writing courses. Rather, this essay is written under the assumption that, at least to some extent early on in the law school experience, some professors don't want 1L legal writing students using GenAI to draft legal memoranda and briefs for them. As the American Bar Association's Formal Ethics Opinion 512 warns, …

Community-Driven Policy Solutions To Police Accountability, Rashawn Ray

Brookings Scholar Lecture Series

George Floyd’s death shifted public opinion as 76% of Americans agreed that incidents such as the killing of Floyd are signs of racism within law enforcement. While police reforms such as implicit bias training and body-worn cameras gained public support, they insufficiently address the structural, cultural, and organizational components of policing that can obstruct accountability and contribute to racial disparities in policing. In this lecture, Brooking Senior Fellow Rashawn Ray presents interview, survey, social media, and virtual reality data with police officers, activists, and civilians, and demonstrates state- and city-level databases on police reform legislation. Ray posits that evidence-based policy …

Esg Irony: Why Corporate Tax Avoidance Must Be Considered, Reuven S. Avi-Yonah

Articles

Environmental, social, and governance (ESG) investing has been the focus of major attention in corporate law. Many writers praised ESG as the future of corporate governance. The push for ESG comes from the belief that the government is incapable of fulfilling its responsibility of achieving social and environmental goals, and that corporations are frequently in the best position to help. ESG investing has been significantly bolstered by large asset management institutions like BlackRock Group, State Street Global Advisors, and Vanguard Group. The “Big Three” own large stakes in most public corporations, which they have been pushing to address ESG issues.

The Role Of Storytelling In Bisexual Jurisprudence, Eliot T. Tracz

Pace Law Review

This essay examines the unique challenges faced by bisexual individuals in the legal system and explores how storytelling can serve as an effective tool to combat bisexual erasure and stereotyping in jurisprudence. Despite comprising the largest demographic within the LGBTQ community, bisexual individuals are significantly underrepresented in legal discourse and case law. This essay identifies three primary challenges affecting bisexual legal recognition: erasure (the denial of bisexuality as an orientation), stereotyping (harmful assumptions about bisexual individuals), and interest divergence (conflicting priorities with both heterosexual and homosexual communities). Through detailed case analysis, this essay will demonstrate how these challenges have resulted …

The Times They Are A-Changin': Adapting Copyright Law To Generative Ai, Giovanni Lomonaco

Pace Law Review

Artificial intelligence has come a long way since the days of the “heartless” tin man of the Wizard of Oz, and the cool, precise autonomy of Kit from Nightrider. We have moved rapidly from mere questions about what life could be like with autonomous machines, to having books, movies, and albums created using machines for part or even all of the process. The Copyright Act, however, has not come as long of a way since the implementation of the most recent version of the Act in 1976. Recently, the federal district court for the District of Columbia held …

State-Powered Acceleration Of Cannabis Economy Growth Engines, Benjamin C. Varadi

Pace Law Review

Small cannabis companies in state-regulated markets have driven extraordinary job creation and economic growth, but now face extinction as consolidation looms. Government intervention can build a future populated with prosperous small business growth engines, while failure to act will magnify economic disparity. This Article proposes state-backed loan guarantees, funded by municipal “cannabonds,” as a novel solution to guide the industry toward a healthier and more diverse economic landscape. This approach offers constitutionally resilient strategies to express explicit preference for local stakeholders and inverts traditional risk metrics to leverage historic institutional lending bias as a force for positive change. In doing …

Mistaken About Mistakes: Error Analysis As An Untapped Tool For Law School Success, Elissa Jacob

Pace Law Review

Mistakes: everyone makes them, perhaps the new law student more than most. But why do our students continue to make the same errors despite our concerted efforts to prevent them? This article explores this question and provides ideas on how to utilize mistakes to fuel the learning process. Science has proven that the human brain is hardwired to benefit from errors. However, the psychological effects of failing, cultural systems, and the American educational system are frequent barriers to this biological process.

To overcome these obstacles and most effectively employ error analysis, I propose a three-step model. First, professors must lay …

Embrace The Chaos: Contributing To Experience In The Face Of Ai And Nextgen, Margaret Moore Jackson

Pace Law Review

This article asserts that the combination of AI-assisted writing tools and the immediacy of the NextGen Bar compel changes in legal education’s goals, expectations, and delivery methods. Topping off these forces, the ABA is considering increased requirements for additional experiential credits prior to graduation. These challenging mandates provide opportunities for law faculty, who can construct courses that help students learn through integrated experiential credits while promoting and spreading legal knowledge to organizations that lack legal advice.

Through the example of a Housing Discrimination course, this article demonstrates a method for constructing a course that is resigned to the presence of …

How Active Cftc Enforcement Could Benefit Crypto, Carol R. Goforth

Pace Law Review

Commodity Futures Trading Commission (CFTC) crypto enforcement rose to record levels in 2023, prompting applause from some observers and criticism from others. In fact, the CFTC’s enforcement agenda is not out of step with other federal agencies such as the Securities and Exchange Commission (SEC), which has also been incredibly active in the crypto industry. It might seem that this is bad news for crypto, given that both the CFTC and SEC have been angling to become the primary regulator for these new assets. In reality, proof that the CFTC is active in enforcing the law against crypto entrepreneurs and …

National Origin Bias And U.S. Public Opinion On Supreme Court Nominees: Evidence From A Conjoint Experiment, Christopher P. Dinkel, Andrew Ifedapo Thompson, Marc C. Mcallister

Pace Law Review

As the ultimate arbiter of the interpretation of federal law and the U.S. Constitution, the U.S. Supreme Court has a significant impact on businesses and individuals across an increasingly diverse country. Although the vast majority of the Justices who have served on the Court have been white males, recent Presidents have appointed nominees who have brought greater racial and gender diversity to the Court. Despite these efforts, however, not a single U.S. Supreme Court Justice in the past six decades has been born abroad, even though Americans who were born outside the United States constitute nearly a tenth of the …

Hemp And Marijuana: The Necessity Of Lab Testing For Fair Prosecutions, Jessica Aycock

Pace Law Review

This Article examines the evidentiary and ethical challenges prosecutors nationwide face in distinguishing between hemp and marijuana under current federal and state laws. Following the legalization of hemp under the federal 2018 Farm Bill, the legal distinction between hemp and marijuana now hinges on the concentration of delta-9 tetrahydrocannabinol (THC). This distinction requires quantitative lab testing to be established. Without quantitative lab testing, prosecutors cannot accurately determine THC levels, making it challenging, if not impossible, to meet the burden of proof required for marijuana possession convictions. This Article argues that the absence of testing raises evidentiary and ethical concerns that …

Pursuing Patent Protection In The U.S. Via The Pct: Legal And Practical Implications For 371 And Bypass Routes, Francisco Tschen

Cleveland State Law Review

The Patent Cooperation Treaty (“PCT”) has emerged as a pivotal mechanism for inventors and companies seeking international patent protection. The PCT provides a unified application process accepted by member countries, simplifying, and standardizing the procedural aspects of filing for patent protection in multiple countries. For inventors pursuing patent protection in the United States via the PCT, inventors must submit their application with the United States Patent and Trademark Office (“USPTO”) and choose between one of two primary routes: 1) entering the U.S. national stage under 35 U.S.C. §371 (“371 route”), or 2) filing a continuation or divisional of the PCT …

Education As A Democratic Prism: Warnings And Wisdom From America's Schools, Caitlin Millat

Cleveland State Law Review

Seventy years after the passage of Brown v. Board of Education, many believe that we remain far from achieving Brown’s lofty promises of educational equity. In an increasingly polarized political environment rife with disinformation and discontent, we seem particularly far from Brown’s belief that public education should work to shore up democratic health. Instead, public education is underfunded, underresourced, and profoundly unequal, and American democracy remains under threat.

This Symposium contribution suggests that by taking a closer examination at the state of America’s schools, we can gain insight into both democratic deficiencies and bright spots for the …

A Mistake For The Lake: Why Ohio Should Rethink Its Ban On Rights Of Nature For Lake Erie, Shelby Strohl

Cleveland State Law Review

“Throughout legal history, each successive extension of rights to some new entity has been, theretofore, a bit unthinkable.” - Professor Christopher Stone. The purpose of the rights of nature movement is to recognize that ecosystems and natural entities have the right to exist and thrive. Rights of nature give the natural entities legal protections against pollution and other harms. This Note recommends that the Ohio legislature reconsider its stance on prohibiting rights of nature under Ohio Revised Code Section 2305.011. This recommendation stems from the groundbreaking Lake Erie Bill of Rights, which granted rights of nature to Lake Erie in …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Second-Guessing The Jury: The Federal Circuit's Flawed Take On Enhanced Damages In Halo V. Pulse, Dennis D. Crouch

Faculty Publications

This article critically examines the Federal Circuit's February 2025 decision in Halo v. Pulse, focusing on the court's approach to enhanced damages in patent infringement cases. The analysis identifies a fundamental tension between jury findings of willful infringement under a clear and convincing evidence standard and the district court's subsequent discretion to deny enhanced damages by essentially reconsidering the same evidence. The article argues that the Federal Circuit's affirmation of this approach undermines the Supreme Court's 2016 Halo decision, which sought to make enhanced damages more accessible in cases of egregious misconduct. By creating an artificial distinction between "willful infringement" …

Cover, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Table Of Contents, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Vol. 68, No. 08 (March 3, 2025)

Indiana Law Annotated

No abstract provided.

Tax Experience Isn’T Everything: A Tale Of Two Justices., Reuven S. Avi-Yonah

Articles

Any student of federal income taxation is familiar with a series of important Supreme Court tax decisions written by Justice Harry Blackmun (associate justice, 1970-1994). They would also know of three important decisions written by his contemporary, Justice Thurgood Marshall (associate justice, 1967-1991). It is interesting to compare the two, because Blackmun was the only recent justice with extensive tax practice experience, whereas Marshall had none. Yet, most of Blackmun’s tax opinions were wrong while Marshall’s opinions were right.

Final-Offer Arbitration In Major League Baseball: An Effective Dispute Resolution Process, Jeremy Ahdoot

Cardozo Journal of Conflict Resolution (CJCR) Blog

Final-offer arbitration, commonly referred to as “baseball arbitration,” is a process where one or more arbitrators will settle an issue by selecting one of the final offers proposed by disputants. In the 1973-1974 offseason, Major League Baseball (MLB) introduced final-offer arbitration as a mechanism to handle salary disputes between professional baseball players and their teams. To be eligible for salary arbitration, players must have more than three, but less than six, years of service time. One year of service time is completed when a player spends 172 days on a team’s 26-man roster or MLB’s injured list in a given …

The Continuing Risk Of Forensic Error And Fraud, Michael J. Saks

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Compensation For The Convicted Innocent In New Jersey: Problems And Recommended Solutions, D. Michael Risinger, Lesley C. Risinger

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Towards An Innocence-Centered Post‐Conviction Regime In New Jersey, Lesley C. Risinger, D. Michael Risinger

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Documentary History Of The Broadcast Treaty In The Sccr (Global Version), Luca Schirru, Lokesh Vyas, Haddija Jawara, Lukas Ruthes Gonçalves, Katie Mcgee, Yara Misto, Sean Michael Fiil Flynn

Joint PIJIP/TLS Research Paper Series

The objective of this study is to systematically map all meetings of the Standing Committee on Copyright and Related Rights (SCCR) and the General Assemblies (GA) of the World Intellectual Property Organization (WIPO) to extract, compile, and organize all relevant statements made Member States regarding the proposed Broadcasting Treaty.

The analysis was based on publicly available data from the WIPO website, particularly the official pages dedicated to each SCCR and GA meeting. Our primary focus was on statements recorded in the official "Report" document of each session. When available, we also examined supplementary documents, such as the "Summary by the …

Habeas Corpus, Edwin H. Stern

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Zooming In On Rule 45: Analyzing The Viability Of Using Virtual Testimony To Overcome Rule 45’S Geographic Restriction, Brandon M. Hornlein

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

You Call That “Smuggling”? Florida’S New Immigrant Travel Restrictions Can Turn Teachers And Grandparents Into Felons, Jennifer Beck

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Keeping Private Citizens Out Of The Government’S Shoes: How To Retool The Qui Tam Apparatus To Survive A Constitutional Challenge, Timothy R. Wagner

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Foreword, Brandon M. Hornlein, Emmanuel Flitsanov, Jessica Wisowaty

Seton Hall Journal of Legislation and Public Policy

No abstract provided.