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Articles 1711 - 1740 of 543717
Full-Text Articles in Entire DC Network
The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman
The Degradation Of Prices: Platform Power, The Erosion Of Price Comparison, And Rebuilding Comparison Shopping In The Digital Economy, Stephanie T. Nguyen, Shaoul Sussman
Center for Law and the Economy
The ability to know the price of a product or service and then compare prices of similar products or services is a foundational cornerstone of consumer choice and competitive markets. Once, buyers could more easily compare identical products across multiple sellers. However, this process has systematically degraded over time and has become increasingly difficult to do in practice. When prices are a reliable signal of product and market value, consumers can make informed purchasing decisions and sellers can compete for business by offering more attractive prices to consumers. This is a core market force that keeps price levels in check …
Controlling The Narrative:Copyright’S Derivative Rights Doctrine & Semiotic Disobedience In The Age Of Ai, John Tehranian
Controlling The Narrative:Copyright’S Derivative Rights Doctrine & Semiotic Disobedience In The Age Of Ai, John Tehranian
Vanderbilt Journal of Entertainment & Technology Law
This Article argues that copyright’s derivative rights doctrine—long treated as a technical mechanism of market control—has operated as a powerful but underexamined tool of epistemic governance. As the doctrine’s scope has expanded, it has increasingly privileged dominant narratives while recasting resistive ones as acts of infringement. Drawing on historical and contemporary case studies—from the largely forgotten copyright disputes over the English translations of Mein Kampf and Bambi on the eve of World War II to the infamous stand-off between Wall Street’s Charging Bull and Fearless Girl statues—the Article demonstrates how derivative rights have been deployed to suppress what Sonya Katyal …
Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt
Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt
Vanderbilt Journal of Entertainment & Technology Law
Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …
Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland
Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland
Construction Management
The California Polytechnic State University Construction Management (CM) program is designed to prepare students for the managerial responsibilities of the construction industry. However, construction projects involve a broad range of legal considerations that extend beyond traditional contract administration. While the CM curriculum currently includes a course focused on construction contract law, there is limited exposure to other legal disciplines that frequently affect construction professionals throughout the project lifecycle. This research explores the potential value of expanding construction law education in the CM curriculum by implementing an additional topics course as an elective for students. To determine which legal subjects would …
Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges
Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges
Vanderbilt Journal of Entertainment & Technology Law
Artificial intelligence (AI) is here in a big way. As society grapples with the implications of this profound new technology, the question of whether AI entities should be granted independent legal recognition, akin to human personhood, has emerged as a pivotal topic in jurisprudence. This Article explores the foundations, evolution, and implications of AI personhood, addressing philosophical perspectives, the development of personhood as a legal fiction (with specific emphasis on corporate personhood), and the need for AI personhood to counter the risks posed by rapidly developing AI technology. It defines the "AI person" as one whose legal recognition furthers a …
Investigating The Detection Ability Of Presumptive Bloodstain Testing Through Concealment Obstacles, Skye E. Lehr
Investigating The Detection Ability Of Presumptive Bloodstain Testing Through Concealment Obstacles, Skye E. Lehr
Student Theses
Bloodstain detection can provide valuable information on the ability of presumptive tests. When perpetrators seek to alter the scene of violent crimes to interfere with investigations or flee from justice, crime scene investigation becomes more complex. In this analysis, scenarios where bloodstain evidence is attempted to be removed by household cleaners and covered up by acrylic or oil-based paint, are tested using luminol and Kastle-Meyer direct testing. These bloodstains have been altered by bleach, dish soap or all-purpose cleaner and covered under multiple layers of acrylic or oil-based paint. Evidence is documented both photographically and visually to simulate crime scene …
Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie
Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie
Dissertations, Theses, and Capstone Projects
Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment. This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions. Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition. Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …
Jurisdictional Waters, Jamison E. Colburn
Option Market Value-Based Reaction And Anticipation Of Corporate-Related Decisions By The United States Supreme Court., Yehuda Davis, Suresh Govindaraj, Yi Liu, Kate Suslava
Option Market Value-Based Reaction And Anticipation Of Corporate-Related Decisions By The United States Supreme Court., Yehuda Davis, Suresh Govindaraj, Yi Liu, Kate Suslava
Faculty Journal Articles
Our paper studies the option market reactions to judicial decisions in the United States Supreme Court (SCOTUS) relating to cases where at least one party involved is a public firm. Prior research finds the stock market is unable to anticipate SCOTUS's actions and registers a significant negative stock market reaction to the grant of certiorari (acceptance of a petition to review a lower court's decision) for respondents and, surprisingly, for petitioners as well. We show the negative price reaction for both petitioner and respondent firms is a consequence of increased uncertainty. We also provide evidence that on the day certiorari …
Staff Matters: How Much Time Off Should I Give For Bereavement?, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: How Much Time Off Should I Give For Bereavement?, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
Author Jodi Schafer provides guidance for dental practices on developing clear and consistent bereavement leave policies. She notes that while no federal law requires bereavement leave, standard employer practice typically offers three to five days for immediate family members. The article emphasizes balancing compassion for grieving employees with the operational needs of the practice. Key considerations include whether leave is paid, the definition of covered relationships, and the importance of flexibility, as grief often extends beyond a formal leave period.
Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro
Rehabilitation Or Retribution? A Socio-Legal Comparison Of Criminal Sanctions And Social Reintegration In Indonesia And Spain, Ridwan Arifin, Izan Mateo Cassandro
The Indonesian Journal of Socio-Legal Studies
This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) …
Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea
Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea
Interdisciplinary Studies
Presidential rhetoric and executive action have played an important role in shaping how scientific issues are presented to the American public. This project examined how United States presidents from Jimmy Carter through Barack Obama (1977–2017) employed science-related rhetoric and policy regarding climate science and reproductive health. Findings suggest that reproductive health remained a partisan issue throughout the study period, while climate science shifted from a largely bipartisan concern to a more partisan one over time. The results also indicate that presidential rhetoric and executive action were not always aligned, with several administrations using science-related rhetoric more extensively than corresponding policy.
Infliction Of Precarity: Risk, Vulnerability, And Tort Law, Saad Al-Obaidi
Infliction Of Precarity: Risk, Vulnerability, And Tort Law, Saad Al-Obaidi
Journal of Law and Policy
Imposing a risk of harm on someone should be a tort in certain unjustifiable circumstances, regardless of whether the harms at risk materialize. A doctrinal undercurrent exists that supports this proposal concerning latent or delayed harms as legally cognizable injuries. Even though it is a basic moral principle not to put others at risk of harm without justification, courts deny in principle recovery for risks that lack concomitant externalizations in some familiar form of harm, like physical, pecuniary, or emotional damage to the person. This Article argues that tort law should offer recovery for unjustified risk impositions in circumstances that …
G.I. Joe Behind Bars: Analyzing Military Sentencing Data, Sentencing Guidelines, And Court-Martial Reform, Sam Libby
Journal of Law and Policy
The National Defense Authorization Act for Fiscal Year 2022 required the military to restructure its court-martial sentencing procedures to more closely resemble those utilized in federal civilian court. Previously, either judges or court-martial panel members themselves determined an appropriate sentence based on their collective intuition without the aid of specific guidelines. Critics have argued that leaving sentencing in the hands of inexperienced panel members has led to large disparities between servicemembers, especially compared to federal court where the United States Sentencing Guidelines are the lodestar. All the while, no comprehensive dataset exists for researchers to determine the extent of variation …
Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning
Two Strikes And A Prisoner’S Out: The Supreme Court’S Bad Call In Lomax V. Ortiz-Marquez, Molly Guptill Manning
Journal of Law and Policy
Since 1892, federal legislation has provided for the waiver of court filing fees so indigent plaintiffs can access the courts. In 1996, the Prison Litigation Reform Act amended the law. Citing an explosion in the number of prisoner filings (and ignoring the commensurate explosion in the size of the prisoner population), Congress sought to disincentivize prisoners from filing federal actions by denying them an outright waiver and instead requiring them to pay filing fees in installments. It also added a “three strikes” rule. Under the latter provision, if a prisoner files three or more actions or appeals that are dismissed …
Whose Ai Data Center Line Is It Anyway? Proposing A Regulatory Framework To Provide Redress To Communities Impacted By The Externalities Of Ai, Jane Franks
Journal of Law and Policy
In some ways, artificial intelligence is not new. Humans have theorized and dreamed about AI in some form or another for thousands of years. However, as AI becomes a reality and both companies and countries alike are racing to establish dominance in the field, AI does not feel too familiar. The increased amounts of power and water required by AI data centers are unprecedented, and the federal and state legislative response to the issues facing the communities surrounding AI data centers—and the country at large—has been fragmented at best, and non-existent at worst. This Note examines the externalities of AI, …
President Or King? What The United States Can Learn From Brazil’S Conviction Of Former President Jair Bolsonaro, Emma Al-Angurli Peltzer
President Or King? What The United States Can Learn From Brazil’S Conviction Of Former President Jair Bolsonaro, Emma Al-Angurli Peltzer
Journal of Law and Policy
In the United States, January 6, 2021, became a defining moment. President Donald Trump’s conduct and the lack of consequences have been indelibly etched into the nation’s political memory. In Brazil, January 8, 2023, marked a similar political rupture, but one that sealed former President Jair Bolsonaro’s fate in a very different legal order. Through a comparison of the Unites States Supreme Court’s decision in Trump v. United States and Brazil’s criminal conviction of former President Bolsonaro, this Note demonstrates how two presidential democracies took sharply different paths when confronted with attacks on their constitutional order. Brazil’s 1988 Constitution, shaped …
Speak Up, Pay Up: Why New York Should Enact The Speak Your Truth Act And End The Chilling Effect On Sexual Assault Survivors Following The #Metoo Era, Maya Burnette
Journal of Law and Policy
Sexual assault is one of the most prevalent forms of violence in the United States. It is also one of the least reported. With criminal and civil avenues often providing little justice, many survivors turned to the public to tell their stories. In the wake of the #MeToo movement, thousands of survivors publicly shared their experiences, prompting significant social and legislative change. Yet many who spoke out faced retaliatory defamation lawsuits filed by alleged abusers to silence them. These suits, commonly known as Strategic Lawsuits Against Public Participation (“SLAPP suits”), pose a substantial threat to survivors’ speech. Despite recent reforms, …
With All The Strings Attached: Analyzing Participation Of Disempowered Groups In Structuring New York’S Social Equity Cannabis Investment Fund, Nicholas Schuermann
With All The Strings Attached: Analyzing Participation Of Disempowered Groups In Structuring New York’S Social Equity Cannabis Investment Fund, Nicholas Schuermann
Journal of Law and Policy
For decades, New York’s selective enforcement of cannabis prohibition has disproportionately targeted low-income Black and brown communities, resulting in mass incarceration, decimated economic opportunity, and entrenched generational harm. In 2021, New York enacted the Marihuana Regulation and Taxation Act (“MRTA”) with an explicit reparative mandate: to redress these harms by lowering barriers to enter the new recreational cannabis market for those severely impacted by prohibition. Central to this effort is the Cannabis Social Equity Investment Fund, a $200 million program designed to provide justice-impacted entrepreneurs with turnkey retail locations, low-interest loans, and business support. In practice, however, the Fund has …
Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan
Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits, result in harm to patients from allegedly negligent acts or omissions by hospitals and medical doctors. In such circumstances, how should the principles in the tort of negligence (duty of care, breach, causation, remoteness of damage, and defences) respond to AI innovations in healthcare? In particular, how may the standard of care expected of hospitals and medical doctors be informed by regulatory guidelines? We refer to case law precedents and regulatory guidelines on the roles and responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt …
International Advice, Mature Democracies And The Venice Commission, Maartje De Visser
International Advice, Mature Democracies And The Venice Commission, Maartje De Visser
Research Collection Yong Pung How School Of Law
The aim of this article is to explore the role and practice of constitutional advice-giving as it relates to mature democracies. More precisely, this article considers how the Venice Commission – the official advisory body for constitutional matters of the Council of Europe – exercises its mandate vis-à-vis such democracies through the delivery of country-specific Opinions, based on a close reading of all such Opinions rendered between 2002 and 2024. It examines the substantive focus of those Opinions, the way they engage with constitutional experiences elsewhere, as well as the tone of the assessment and the approach taken in formulating …
Rethinking Us Evidence Law: Burdens Of Proof And The Effect Of Rebuttable Evidentiary Presumptions, Paul F. Rothstein, Ronald J. Coleman
Rethinking Us Evidence Law: Burdens Of Proof And The Effect Of Rebuttable Evidentiary Presumptions, Paul F. Rothstein, Ronald J. Coleman
Georgetown Law Faculty Publications and Other Works
This is the draft table of contents for a forthcoming book from Edward Elgar Publishing. It is posted here with permission of the publisher.
Environmental Repair In The Energy Transition, Martin Lockman
Environmental Repair In The Energy Transition, Martin Lockman
Faculty Publications
For nearly a century, American laws have required mines, oil and gas companies, and other potentially hazardous industries to restore land affected by their activities to a safe condition when they are done with it. These laws represent a grand bargain—they allow operators to make profitable but damaging use of land today in exchange for the promise of expensive remediation tomorrow. However, this bargain has proven hard to enforce. Dozens of “zombie” mines scar mountains in Kentucky. Unrecorded “orphaned” wells poison groundwater in Texas. Over the past century, these laws have become the center of a legal arms race. Fossil …
Byu Law School Faculty Listing
Byu Law Review Subscription Information
The Once And Future Freedom Of The Church: Three Stories, Steven D. Smith
The Once And Future Freedom Of The Church: Three Stories, Steven D. Smith
BYU Law Review
This Essay, prepared to be delivered as a lecture at Brigham Young University, discusses three historical stories as a vehicle for suggesting that the concept of “freedom of the church” (or libertas ecclesiae) has not only a colorful and momentous past but an important future as well. Part I discusses how the Supreme Court’s decision in Hosanna Tabor v. Evangelical Lutheran Church helped to revive the venerable theme of freedom of the church. Part II considers the relation between freedom of the church and political authority during the centuries between the collapse of the Western Roman Empire and modernity. Part …
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
Christian Lawyers In The Public Interest And Outside The Political Right, Jennifer Lee Koh
BYU Law Review
This Article provides an empirically based portrait of a population that is typically hidden from the public eye and has received scant attention in legal scholarship: Christian lawyers who engage in public interest work that falls outside the political right. Throughout the legal profession, lawyers who treat their Christian faith as a component of their professional identity and who actively endorse a politically conservative worldview are visible and active. With such lawyers’ increased prominence, growing political polarization, and reports of shifting levels of religiosity in the United States, the prospect of Christianity being perceived as synonymous with political conservatism seems …
The Spirit Of Jubilee, Christopher D. Hampson
The Spirit Of Jubilee, Christopher D. Hampson
BYU Law Review
The Jubilee texts of the Hebrew Bible call for debts to be forgiven and enslaved persons freed every seven years and for farmland to be restored to families every fifty years. Tightly woven into the legal, narrative, and prophetic vision of the text, the Jubilee tradition offers an inspiring and dramatic vision of socioeconomic justice for multiple religious traditions. Yet the American legal tradition, which purports to draw on its religious heritage for inspiration and moral authority, has not fully drawn on the Jubilee tradition for a contemporary vision of equality and justice. This Essay seeks to rekindle that conversation. …