Digital Commons Network^™

Urbanizing Nuisance, George F. K. Werner

Brooklyn Law Review

If you are a prospective resident of neighborhoods like Brooklyn’s Bushwick or Chicago’s Bronzeville, being close to a hip music venue may sound like a never-ending party—that is, until you discover that the hip music venue is your downstairs neighbor, and the party really never ends. Similarly, newcomers to gentrifying neighborhoods are often drawn by a sense of authenticity and vibrancy. But the sights, sounds, and smells that make neighborhoods “authentic” or “vibrant” may not be a good fit for the lifestyles those newcomers bring with them. In these cases, should a plaintiff be able to successfully sue in nuisance? …

Governing Artificial Intelligence: A Dual-Board Solution To The Corporate Oversight Crisis, Harrison Carter

Brooklyn Law Review

Corporate governance structures have proven fundamentally inadequate for managing the unprecedented challenges of artificial intelligence development, as demonstrated by OpenAI's dramatic 2023 governance crisis and the broader failure of both traditional and hybrid corporate forms to balance massive capital requirements with public safety concerns. Current approaches create three critical failures: structural accountability gaps between boards and management, distorted power dynamics from concentrated capital needs, and an inability to enforce safety commitments against commercial pressure. While companies like Anthropic have attempted innovative private solutions through benefit corporation structures and specialized trusts, these voluntary mechanisms ultimately prove inadequate against the extraordinary pressures …

Curbing Common Benefit Fees, Matthew Lyness

Brooklyn Law Review

Multidistrict litigation (MDL) courts routinely use common benefit orders and fee assessments to compensate the attorneys who generate work product that benefits the broader plaintiff class. Courts’ largely unguided approach to setting assessment percentages—often justified through invocation of a court’s inherent authority—leaves participating counsel uncertain about their eventual recovery, invites arbitrary midstream changes, and risks windfalls unconnected to the actual utility of common benefit work product. This Note argues that in order to guarantee the continued efficiency of the MDL system, judges should adopt a standardized fee assessment framework that is predictable from the outset and proportionate to the ultimate …

Police And Ai: When Abundantly Helpful Becomes Intrinsically Harmful, Landon Brickey

Brooklyn Law Review

Artificial intelligence (AI) has rapidly crept into nearly all aspects of life, including in government, the criminal justice system, and policing. While Supreme Court Due Process jurisprudence has outlined certain boundaries for police interrogations, much police conduct is left for the states to regulate. Such regulation is sporadic and less restrictive than the public might assume, especially in the realm of police deception. Across jurisdictions, courts allow police to deceptively inform suspects that a witness identified the suspect of the perpetrator of a crime. That the suspect’s finger prints, DNA, or shoe prints were found at the scene of the …

The Resurgence Of Anti-Mask Laws: Is There A Constitutional Right To Conceal Your Identity?, Jillian Block

Brooklyn Law Review

There is little question that the First Amendment protects a wide range of expressive activity, including symbolic conduct and, in some cases, anonymous speech. At the same time, anti-mask legislation, which sometimes prevents individuals from concealing their identity during public demonstrations, has a long history in the United States. Much of this history is rooted in efforts to curtail Ku Klux Klan violence and intimidation. Yet, many of those anti-mask laws were repealed in the wake of COVID-19, and mask-wearing for identity concealment purposes has become a more common feature of modern political protests. As a response to rising antisemitism …

Donative Freedom, Disrupted, Carla Spivack, Deborah S. Gordon

Brooklyn Law Review

You can do what you want with your property at death—and after—because it is “yours.” This is the “fundamental guiding principle” of American succession law. Despite occasional criticism over the years, legal scholars, courts, law reformers, legislators, and practitioners accept donative freedom as succession law’s unshakeable foundation. Every proposal for change – securing a child’s inheritance, protecting surviving spouses, taxing wealthy estates – meets with that refrain. But the ideology of donative freedom has left us a legacy of wealth inequality, disinherited children and spouses, dynastic wealth, and thousand-year trusts that grow tax-free for generations. The ideology of donative freedom …

Law As A Form Of Life: On Capitalism And Critical Theory, Justin Deystone

Law and Contemporary Problems

No abstract provided.

Temporary By Design: Why International Students Need A Real Pathway To Permanent Residence, Benedetta Palese

Cardozo Journal of Equal Rights and Social Justice (ERSJ) Blog

You grow up in a rural town abroad where English is barely taught. You teach yourself the language, travel hours to take standardized tests, and earn admission to a United States university. You stay for law school, believing that talent and persistence will bring stability. Near graduation, the question changes: what happens when the student visa expires, and life beyond campus begins?

The United States should create a meaningful, predictable pathway from F-1 student status to permanent residence. International students are welcomed as students and future workers, yet the law still structures them as temporary visitors. That instability is not …

The Together Lawsuit: What Will Matter After The Motion To Dismiss, Zeyu Liu

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

On February 20, 2026, the U.S. District Court for the Central District of California denied a motion to dismiss filed by Defendant William Morris Endeavor Entertainment (WME) in a copyright infringement claim brought forth by Plaintiff StudioFest, a production company. It is alleged that WME’s film Together infringed on the screenplay of the movie Better Half, whose copyright is owned by the Plaintiff. The Plaintiff only claimed a screenplay violation and alleged that in 2020, it sent the full script and synopsis to the agents of codefendants Dave Franco and Alison Brie as part of an offer to have them …

Foreword, Jedediah Britton-Purdy, Justin Deystone

Law and Contemporary Problems

No abstract provided.

Legal Method And Political Time, Odette Lienau, Aziz Rana

Law and Contemporary Problems

No abstract provided.

Marx, Marxism, And The Critique Of Law, Umut Özsu

Law and Contemporary Problems

No abstract provided.

Does Law Constitute Society?, Jeremy Kessler

Law and Contemporary Problems

No abstract provided.

Beyond The Market: What Does It Mean To Theorize Capitalism?, Amy Kapczynski

Law and Contemporary Problems

No abstract provided.

Indeterminacy And The Political Economy: Cls, Legal Politics, And Defetishizing The Lpe Debate, Akbar Rasulov

Law and Contemporary Problems

No abstract provided.

Capitalism & Jurisprudence, Paulo Barrozo

Law and Contemporary Problems

No abstract provided.

Falling Flat: Why Ai Cannot Free Melodies From Copyright Protection With “All The Music” As An Example, Hayley Huber

Duke Law & Technology Review

As artificial intelligence (AI) continues to surprise us with its humanlike abilities, it raises the question of whether AI-created music can or should be afforded legal protection. Particularly, how should copyright law treat melodies produced by an AI designed to algorithmically generate every possible melody? This article seeks to answer that question, ultimately concluding that AI-produced melodies are not copyrightable and that melodies are not merely facts undeserving of copyright protection, but something valuable to mankind and worth protecting by law.

The article explores Damien Riehl’s All the Music project (ATM) and his arguments for why ATM’s outputs should be …

Ndls Communicator: Week Of 03.30.26, Notre Dame Law School

NDLS Communicator

The Latest News

• Religious Liberty Clinic files amicus brief urging court to reject government’s efforts to suppress religious expression in the workplace
• Shaping the Next Generation: Notre Dame Law School Faculty Reflect on Teaching, Mentorship, and the Law
• Kelsey Zorzi Discusses High-Stakes Religious Liberty Cases Around the World
• Notre Dame Law School’s All-Women Jessup Team Advances to International Rounds for the First Time in ND Law History
• Notre Dame Law Students Contribute to U.N. Report on Religious Freedom and Honoring the Dead

Student News

• Dennis Wieboldt, a joint J.D./Ph.D. student in history at Notre Dame

Faculty Briefs

• Diane Desierto
• Jimmy …

Mmu: 03/30/26-04/05/26, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Berbagai Masalah Hukum Bersangkutan Dengan Rumah Susun Dan Pemilikan Satuan Rumah Susun, Prof. Boedi Harsono, S.H.

Jurnal Hukum & Pembangunan

Abstract

HawaiʻI’S Housing Crisis: Unpacking The Limits Of S.B. 2919, Carley Matsumoto

Seattle University Law Review Online

The State of Hawaiʻi is facing a housing crisis exacerbated by natural disasters and public health emergencies. Hawaiʻi’s legislature seeks to ameliorate Hawaiʻi’s housing crisis with Senate Bill 2919, which gives all counties in Hawaiʻi the broad power to regulate short-term rentals. While this law was adopted with laudable intentions, it has significant shortcomings and will likely not solve Hawaiʻi’s longstanding housing crisis. This Comment argues for an alternative, tax-based solution to address the housing crisis.

Chancery Court Rules That Dgcl § 271 Does Not Require Stockholder Approval Of Foreclosure Sale Of Corporate Assets, Robert S. Reder, Emily Batuner

Vanderbilt Law Review En Banc

No abstract provided.

Chancery Court Rules That Legacy Charter Provision Governing Amendments Did Not Opt Out Of Revised Dgcl § 242(D)’S Lower Voting Standard For Increasing Authorized Shares, Robert S. Reder, Joshua Hiero

Vanderbilt Law Review En Banc

No abstract provided.

“External Restraints” On Article Ii?, Elias Neibart

Vanderbilt Law Review En Banc

No abstract provided.

Brief Of Amici Curiae Immigration Law Professors In Support Of Respondent, Peter L. Markowitz, Lindsay Nash

Amicus Briefs

Amicus curiae brief submitted by immigration law professors in support of the respondent in Bondi v. Lau before the Supreme Court of the United States. The brief argues that lawful permanent residents returning from travel abroad may not be treated as seeking admission unless they satisfy the statutory criteria set forth in the Immigration and Nationality Act. It further contends that ambiguities in deportation statutes should be resolved in favor of noncitizens under the longstanding immigration rule of lenity.

The Uva Softball Invitational, Benjamin N. Cardozo School Of Law, University Of Virginia School Of Law

2025–2026 Flyers

Join the Cardozo Law softball team and hundreds of law students in Charlottesville to enjoy a weekend of softball and camaraderie!

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”¹ Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …

Cardozo Law News Brief: March 27, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the March 27, 2026, Cardozo Law News Brief include:

• Professor Rachel Landy was quoted in the Los Angeles Times and Newsweek on a Supreme Court ruling limiting internet providers’ liability for copyright infringement, noting the music industry may need to seek legislative solutions.
• Sarah Chu, Director of Policy & Reform at the Perlmutter Center for Legal Justice, spoke to Undark about a new study challenging the reliability of firearms analysis in forensic science.
• Professor Peter Markowitz was quoted in NewsNation on the rise of no-bond ICE detention cases and the growing number of successful legal challenges.
• Professor …

Brief Of Former Federal Circuit Chief Judge Paul R. Michel And Scholars Of Law And Economics As Amici Curae In Support Of Respondents, In Hikma Pharmaceuticals Usa, Inc. V. Amarin Pharma, Inc., Jess Miers, Emily Michiko Morris, Mark F. Schultz, Kristina M.L. Acri, Bowman Heiden, Joshua Kresh, Honorable Paul Michel, Kristen Jakobsen Osenga, Douglas Park, Ted M. Sichelman

Akron Law Faculty Publications

• Innovation in Identification and Clinical Trials Testing of New Indications Yields Great Public Benefits but Requires the Incentive of Patent Protection.
• Section viii [skinny label statemetnts] was Never Intended to be a Safe Harbor for Infringement of Method of Use Patents.
• Allowing this Case to Proceed Past the Rule 12 Stage will not Deter Section viii Carve-Outs. 

Kodak To Deepfakes: Publicity Rights And Abuse Of Our Likenesses, Michael Goodyear

Other Publications

No abstract provided.