Digital Commons Network^™

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

At The Crossroads: Private Litigation And The Fate Of Sections 2 And 208 Of The Voting Rights Act, Aviva D. Kohn

Fordham Law Review

For six decades, private plaintiffs have stood at the center of Voting Rights Act (VRA) enforcement, bringing an overwhelming majority of the suits challenging discriminatory voting practices nationwide. Most federal courts have allowed private plaintiffs to sue for relief under the VRA. However, in 2023 and 2025, the U.S. Court of Appeals for the Eighth Circuit broke from this pattern, holding that neither section 2 nor section 208 of the VRA permits private litigants to sue for relief. The Eighth Circuit’s decisions rest on a narrow reading of congressional intent, a rigid application of Alexander v. Sandovaland Gonzaga University …

The Fourth Amendment's Right To Be Secure, Thomas K. Clancy

William & Mary Bill of Rights Journal

Beginning with a 1998 article and through the editions of my treatise, I have argued that the right to be “secure” must be properly understood. The right to be secure is the powerful ability to exclude the government, and it protects against physical and technological intrusions. As will be discussed, my interpretation has had some influence among courts and scholars. Several academics have taken time to discuss it, and it has been noticed in the Supreme Court. This Essay seeks to dispel some of those characterizations and clarify the meaning of the right to be secure.

The Amendment in its …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Table Of Contents

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Pirated Ai Training Data And The Future Of Recovery For Creatives, Cassie Anderson

The Business, Entrepreneurship & Tax Law Review

The explosive growth of generative AI necessarily relies on near-limitless amounts of creative works, such as books, articles, music, and art for training. Data sourcing and training practices advanced by large technology companies have defaulted to piracy, which presupposes unfettered access to high-quality creative data at minimal cost. In a growing number of markets, generative AI presents an appealing alternative to human-made creative works—an alternative that directly competes with the very human creatives whose works are necessary to power such technology. Facing mass-scale piracy and creative markets diluted by AI content, creative professionals are in an even more precarious position …

Note, Kiera L. Doughty

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

A Synthetic Marketplace: Rethinking First Amendment Theory In The Age Of Ai-Generated Video, Jared Schroeder, Heesoo Jang

The Business, Entrepreneurship & Tax Law Review

First Amendment theory is unprepared for the synthetic-media era. AI-generated videos, which fundamentally portray events and actions that never happened, are changing the ways people construct reality in fundamental ways. These believable videos raise substantial concerns about foundational assumptions of First Amendment theory, particularly the marketplace of ideas. Synthetic videos challenge citizens to discern truth from falsity in new ways. These challenges are multiplied by the nature of video, which scholars have noted audiences find uniquely believable. This article examines First Amendment theory, as well as the nature of video, ultimately contending that the rationales the Supreme Court has traditionally …

Between Expression And Restraint: Reconciling First Amendment Protections With Antitrust Enforcement In Social Media Advertising, Michael Patton

The Business, Entrepreneurship & Tax Law Review

The contemporary advertising ecosystem is increasingly dominated by social media platforms, prompting advertisers to devote substantial resources to these venues and, in many cases, to coordinate their efforts through umbrella organizations. When these organizations recommend that members withdraw or redirect advertising away from specific platforms, the line between coordinated market behavior and protected expressive conduct becomes blurred. A pending lawsuit by a major social media company alleges that such a coordinated refusal to deal constitutes an unlawful group boycott rather than protected First Amendment activity. Although the Supreme Court has developed frameworks for distinguishing between expressive boycotts and anticompetitive conduct, …

At The Crossroads: Sports Betting In Missouri And Proposals For Regulations, Jimin Shumate

The Business, Entrepreneurship & Tax Law Review

Sports betting is a rapidly growing industry nationwide, and Missouri became the 39th state to legalize the practice. Although states hope to reap the benefits of a regulated sports gambling market, the activity carries significant mental, physical, and socioeconomic risks due to its inherently addictive nature. The hyper-accessibility of modern platforms, particularly those enabling unlimited micro betting, magnifies longstanding concerns in a new digital context. Compounding these risks, the absence of federal standards for minimum wagering ages and the aggressive marketing strategies employed by sportsbooks draw in young adults. This article proposes a coordinated federal and state regulatory framework that …

Beyond The Prompt: The Social Costs Of Generative Artificial Intelligence, J. Scott Christianson, Josh Rickard

The Business, Entrepreneurship & Tax Law Review

The rapid commercialization of generative artificial intelligence has produced extraordinary value for technology companies while systematically externalizing costs onto society. This Article provides a review of these externalities across three domains: environmental, human health, and digital infrastructure. The environmental burden includes massive energy and water consumption alongside ecologically destructive mining for rare earth elements and accelerating electronic waste. The human toll encompasses a documented pattern of AI-induced mental health crises, including suicide and self-harm linked to anthropomorphic chatbot design, raising novel questions of product liability in cases like Garcia v. Character.AI. The digital commons face degradation through industrialized data scraping …

Some Things Are Actually Nails: The Value Of Randomized Experiments Across Legal Theories, Hajin Kim, Kevin Tobia, Kristen Underhill

University of Chicago Law Review

Experiments sometimes get a bad rap. Critics allege that they don’t illuminate how the real world works, are subject to p-hacking and manipulation, and often don’t study the most important populations of interest. We examine historical uses of experiments to generate knowledge for legal academia. Recently, experiments have become associated with law and economics as part of a broader coupling of quantitative empirical work with law and economics. But experimentation is a highly adaptable, if imperfect, research method that can support causal claims and test assumptions that are useful across many legal theories, including law and political economy. We discuss …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Expanding Sources Of Knowledge In Legal Scholarship, Adam Davidson, Jocelyn Simonson

University of Chicago Law Review

No abstract provided.

Economics Or Populism? The Battle For The Future Of Antitrust, Erik Hovenkamp

University of Chicago Law Review

Mainstream antitrust policy is grounded in economics and views the protection of competition as antitrust’s singular goal. But the populist “antimonopoly movement” believes that antitrust should focus less on economic issues and more on the political influence of large firms. While the courts have long embraced the economic approach to antitrust, antimonopolists have recently gained some support in politics. This battle of ideas is therefore poised to determine the future of antitrust.

Antitrust law currently suffers from a number of problems, but the antimonopoly movement does not offer serious solutions. On the contrary, by deemphasizing tangible economic harms in favor …

The Lpe Critique Of Law And Economics, Sarath Sanga

University of Chicago Law Review

No abstract provided.

Living Under Contract: An Lpe Analysis Of American Democracy, Amy J. Cohen, Ilana Gershon

University of Chicago Law Review

Is President Donald Trump appealing in part because he has made contracts seem like provisional arrangements likely to endure only insofar as they serve his (or putatively national) interests? Two political economy studies of U.S. workplaces and firms, one ethnographic and one historical, can begin to shed light. Ilana Gershon’s ethnography explores how people’s everyday legal and political consciousness is formed through their experiences of regulatory decision-making in a contract filled workplace. Sociologist Melinda Cooper’s historical account reveals how a turn to viewing corporations as a conglomeration of individual contracts paved the way for a veneration of autocratic rule. In …

The Law And Political Economy Movement’S Crime Agenda Hurts Black People, Jonathan Klick

University of Chicago Law Review

The law and political economy (LPE) movement claims concern for marginalized communities as a motivation for its crime agenda. However, efforts to defund police, elect progressive prosecutors, and eliminate prisons are likely to generate large costs for the very communities LPE scholars say they care about. Existing empirical analyses demonstrate that Black individuals benefit disproportionately from the deterrence provided by police. This Essay also provides new evidence that progressive prosecutors have put Black people in lethal danger. Finally, there are reasons to believe that decarceration would not be costless for the Black community.

Transforming Law, Contesting Exclusion, Shaping Inclusion, Nancy Levit, Judith Resnik, Laura Rothstein

UMKC Law Review

Introduction to the symposium issue, Transforming Law, Contesting Exclusion, Shaping Inclusion.

Inclusivity In Corporate Scholarship, Afra Afsharipour, Naomi Cahn, June R. Carbone, Darren Rosenblum

UMKC Law Review

For the past two decades, a growing number of women, people of color, and LGBTQ+ scholars have reshaped corporate law scholarship. This Essay explores how their contributions have challenged dominant narratives in corporate law. While these contributions span a wide range of issues, three central themes emerge. First, much of this scholarship contributes to long-standing debates in corporate law by critically examining existing governance structures and introducing new perspectives that challenge conventional views on corporate purpose, power, and value. Second, and strongly connected to the first theme, women and queer scholars have led inquiries into Environmental, Social, and Governance (ESG) …

Weaponized Bureaucracy At The Criminal Immigration Divide, Dorien Ediger-Seto

Washington Law Review

Despite deportation being entrenched as a civil consequence rather than a punishment over 100 years ago, today’s immigration enforcement and deportation scheme relies heavily on state-level criminal arrests, convictions, and data sharing systems. And immigration-based crimes have accounted for between twenty-five and fifty percent of all federal criminal charges over the past decade. But the fact that the systems are bureaucratically and doctrinally separate from each other has practical impacts that go beyond these formalized intersections. Not only do federal law enforcement actors often have dual mandates to investigate and prosecute federal crimes alongside related civil removal cases, but criminal …

Facing State-Created Danger In Facial Recognition Technology, Esha Jain

Washington Law Review

When the police wrongfully arrest someone, that person faces distinct harms. Various scholarship, news articles, and studies document that AI-powered facial recognition technology (FRT) disproportionately misidentifies individuals from marginalized racial groups when used irresponsibly. Many of those sources indicate that police reliance on FRT without adequate vetting results in wrongful arrests. Yet law enforcement continues to misuse FRT.

This Comment contends that the 42 U.S.C. § 1983 state-created danger doctrine offers a potential remedy for plaintiffs harmed by police reliance on FRT. To prevail under this doctrine, plaintiffs must prove affirmative conduct, deliberate indifference, and proximate causation. If successful, these …

Reason Enough: The Wrongful Extension Of Asylum’S “One Central Reason” Nexus Standard To Withholding Of Removal, Elaine Hernandez Flores

Washington Law Review

Noncitizens often come to the United States seeking protection from violence, persecution, or life-threatening conditions in their home countries. However, upon arrival, many noncitizens are placed in removal proceedings and face deportation back to the very dangers they escaped. U.S. immigration law provides various forms of relief from deportation, most notably asylum and withholding of removal. Both forms require the applicant to show a connection—or “nexus”—between the persecutor’s motive for persecuting them and one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.

Although asylum and withholding of removal both require a noncitizen …

« À La Fois Une Fierté Et Un Vertige » : Dire Le Droit Des Personnes Et De La Filiation En Contexte De Réforme (2022-2025), Régine Tremblay

All Faculty Publications

Quelle chance d’écrire sur une réforme du Code civil du Québec pour célébrer les 50 ans du Centre Paul-André Crépeau ! Depuis l’arrivée au pouvoir de la Coalition Avenir Québec (CAQ) en 2018, le fond et la forme du droit des personnes et des familles ont été transformés. Entre 2021 et 2025, le gouvernement majoritaire de la CAQ a déposé quatre projets de loi, un chantier par étapes que le ministre de la Justice et Procureur général du Québec, M. Simon Jolin-Barette, qualifia pour sa part de « première réforme majeure »  en droit de la famille depuis 1980. Pour …

Ai & Policing: Knowledge Synthesis Report On The Governance & Use Of Artificial Intelligence By Police In Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Police services across Canada are using, or exploring, a broad range of artificial intelligence (AI) technologies, including facial recognition, location-based predictive policing, automated licence plate readers, AI-assisted police reports, object recognition and video analytics, social media monitoring, gunshot detection, probabilistic genotyping, and data mining.

While promising productivity and public safety benefits, these tools also raise various concerns and risks. Canada currently lacks AI-specific legislation and regulations governing these new technologies, or even a statement of principles on the governance and use of AI by police.

Ia Et Maintien De L'Ordre : Rapport De Synthèse Des Connaissances Sur La Gouvernance Et L'Utilisation De L'Intelligence Artificielle Par La Police Au Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Les services de police de partout au Canada utilisent, ou explorent, un large éventail de technologies d'intelligence artificielle (IA), y compris la reconnaissance faciale, le maintien de l'ordre prédictif basé sur la localisation, les lecteurs de plaques d'immatriculation automatisés, les rapports de police assistés par IA, la reconnaissance d'objets et l'analyse vidéo, la surveillance des médias sociaux, la détection de coups de feu, le génotypage probabiliste et l'exploration de données.

Bien que promettant des avantages en matière de productivité et de sécurité publique, ces outils soulèvent également diverses préoccupations et risques. Le Canada manque actuellement de mesures législatives et de …

Bankrupt Crypto Organizations, Kara Bruce, Christopher K. Odinet, Andrea Tosato

North Carolina Law Review

No abstract provided.