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Trademarks, Functionality, And Competition, Glynn Lunney Aug 2026

Trademarks, Functionality, And Competition, Glynn Lunney

Faculty Scholarship

Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …


A Quantitative Content Analysis Of Media Framing Of Illegal Mining In Ghana, Ebenezer Ato Kwamena Aidoo, Patrick Ansah, Fredrick Daoyenikye, Maame Aba Afful Jul 2026

A Quantitative Content Analysis Of Media Framing Of Illegal Mining In Ghana, Ebenezer Ato Kwamena Aidoo, Patrick Ansah, Fredrick Daoyenikye, Maame Aba Afful

Faculty Scholarship

Illegal mining in Ghana has attracted considerable public and policy attention due to its far-reaching environmental, social, and health consequences. Our study examines how Ghanaian news media frame illegal mining, the tone of media coverage, and the stakeholders represented in news narratives. Using a quantitative content analysis, 800 news articles were sampled from six widely read media outlets, Daily Graphic, Ghanaian Times, TV3 Ghana, GTV, Joy FM, and Citi Newsroom. A multivariate analysis of variance (MANOVA) was employed to examine differences in framing, tone, and stakeholder representation across outlets. Findings indicate that news organizations emphasize distinct frames, resulting in varied …


There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho Jul 2026

There Is No Free Benchmark: An Institutional View Of Legal Ai Benchmarking, Neel Guha, Andy K. Zhang, Christine Tsang, Christopher D. Manning, Julian Nyarko, Daniel E. Ho

Faculty Scholarship

Despite substantial excitement around the use of AI in law, little information exists on the performance and associated risks of the domain’s widely marketed tools. Recent work, for instance, has demonstrated the significant potential for “hallucinations” — wherein models make up facts, law, and precedent — leading Chief Justice Roberts to spotlight this risk in his annual report on the judiciary. We argue that there is a need for public AI benchmarking in law. First, relative to other AI application domains, the legal AI ecosystem lacks legibility — there is little information about the design and performance of many commercial …


Prompted Props, Human Pipelines: Evaluating Ai-Generated 3d Assets For Game-Ready Environments, Andrew Begemann, James Hutson Jun 2026

Prompted Props, Human Pipelines: Evaluating Ai-Generated 3d Assets For Game-Ready Environments, Andrew Begemann, James Hutson

Faculty Scholarship

Generative AI systems increasingly promise rapid 3D asset production for game development, yet their practical viability depends on whether generated models can move beyond visual preview into editable, optimized, engine-ready workflows. This article presents a practice-led comparative case study of a stylized fantasy tavern environment produced through two workflows: a human-authored Blender pipeline and an AI-assisted pipeline using Meshy 6 and Hunyuan 3D. Using a fixed asset list, shared visual theme, documented prompts, production-time tracking, visual comparison, topology inspection, UV-map analysis, and post-generation labor accounting, the study evaluates whether text-to-3D tools function as production substitutes, ideation accelerators, or conditional asset …


Making The Party Presentation Principle Safe For Originalism, Randy E. Barnett, Lawrence B. Solum Jun 2026

Making The Party Presentation Principle Safe For Originalism, Randy E. Barnett, Lawrence B. Solum

Faculty Scholarship

The Supreme Court sometimes adheres to what it calls the “party presentation principle”—terminology that dates back to 2008. Although judicial articulations of the principle have been inconsistent and imprecise, the gist is the familiar notion that courts should resolve cases on the basis of the issues and reasons presented by the parties to the dispute. Conversely, questions not properly raised by the parties should be avoided by the Court. Thus, the Court has on several occasions declined to address arguments outside the scope of the questions raised by the parties in their petition for certiorari.

For originalists, the importance of …


The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose Jun 2026

The Colonial Borders Within: Racial Profiling, Language, And Civil Juries, Jasmine Gonzales Rose

Faculty Scholarship

This Article builds on the scholarship of Kevin R. Johnson, whose work has long illuminated how immigration law and constitutional doctrine have enabled the subordination of Latines through racial profiling,2 language discrimination,3 and exclusion from civic institutions, like juries.4 His analyses of juror exclusion and the importance of a diverse judiciary underscore how the composition of civil and criminal factfinders shapes both recognition of harm and the remedies afforded.5 Long before the current period of intensified, abusive immigration enforcement, his scholarship traced the historical roots of these practices, examined their contemporary manifestations, and revealed the ways in which the law …


Prompting As A New Medium: Greenbergian Medium Specificity And The Iterative Unpredictability Of Ai Art, Samantha Shapiro, James Hutson May 2026

Prompting As A New Medium: Greenbergian Medium Specificity And The Iterative Unpredictability Of Ai Art, Samantha Shapiro, James Hutson

Faculty Scholarship

This article argues that AI prompting should be understood not as a tool, technique, or accessory to image generation, but as a medium in its own right. Drawing on Clement Greenberg’s theory of medium specificity, it contends that a medium becomes legible through the operations peculiar to itself, namely, the constraints, affordances, and formal procedures that distinguish it from neighboring arts. Existing scholarship has asked whether prompting counts as art, whether prompt engineering constitutes a creative skill, and whether the prompt itself can be aesthetic; however, these accounts often stop short of a sustained theory of prompting as medium. This …


Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon May 2026

Defining Civil Rico's "Injury To Business Or Property" Requirement: The Supreme Court Takes A Few Steps, Says It Punts, But Actually Fumbles, Randy D. Gordon

Faculty Scholarship

Throughout its history, the RICO statute has presented lawyers with something of an interpretive parlor game. It is indefinite along multiple dimensions and thereby given multiple interpretations, even down to the word level. In Medical Marijuana v. Horn, the Supreme Court set out to define one of RICO's civil-standing provisions: Namely, whether the statute's "injury to business or property" requirement can be satisfied when a plaintiff suffers both economic and personal injuries. In a 5-4 decision, members of the Court engaged in an interpretive battle over the meaning of the phrase and succeeded only in holding that civil RICO does …


Advice For Nonactualists: Embrace Metaphysically Vague Ficta, Jeffrey C. Goodman Apr 2026

Advice For Nonactualists: Embrace Metaphysically Vague Ficta, Jeffrey C. Goodman

Faculty Scholarship

I here critically discuss “the Selection Problem”, a vexing problem for metaphysicians who are realists about fictional entities and who further claim that such entities are identified with nonactualia. The Selection Problem arises due to the fact that the nonactualist is forced to defend the view that ficta are somehow discovered, or selected, by authors who then present them to us so we may entertain their exploits. But how exactly does an author manage this when there are a vast number of eligible candidates to be found in the relevant nonactual realms? I argue that the realist who is also …


Thinking Constructively About International Law, Monica Hakimi Apr 2026

Thinking Constructively About International Law, Monica Hakimi

Faculty Scholarship

The international order that has defined the post-World War II period is being radically transformed, presenting a once-in-a-generation opportunity to reconstitute its basic foundations. The pressing questions for international lawyers are about the roles their enterprise can and should play going forward. I argue in this Article that most lack the analytic framework they need even to begin tackling these questions. Worse, most seem mired in an old theory about law that corrupts how they approach their enterprise. My goals in the Article are to expose the prevalence of this bad theory and to present the grounds for discarding it, …


Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera Mar 2026

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

Faculty Scholarship

The current political moment, where immigrant identity is scapegoated and academic freedom is threatened, requires an affirmation of personal identity, a recognition of personal struggle, and a celebration of resilience. This Essay embraces the ideas that professional identity development is temporal and that the current conceptualization of professionalism requires embarking on a reflection journey that addresses the dissonance between personal conscience and professional duty.   Part I briefly revisits the work of Professor Margaret E. Montoya, one of the first Chicana law professors that describes the formation of her professional identity as a law student. It explores the status of Latinas …


Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii Mar 2026

Evidence And Assessing Verbatim Transcription Quality Of Black English And Standard American English, L. Alexander Walker Iii

Faculty Scholarship

This chapter explores the accuracy of private transcription services when transcribing Black English and Standard American English. Courts and lawyers in the US regularly rely on transcripts from such services, but third-party verification of their accuracy, especially with respect to their quality when faced with nonstandard language varieties, is lacking. This study draws on experimental methods to contrast the quality of transcription services offered by transcribers and AI route. The quantitative results show that transcription by humans and AI resulted in more mistakes when transcribing Black English than when transcribing Standard American English. Furthermore, a qualitative analysis reveals that these …


Do-It-Yourself Reparations, Martha M. Ertman Jan 2026

Do-It-Yourself Reparations, Martha M. Ertman

Faculty Scholarship

The magnitude of harms like white supremacy makes it difficult to precisely identify losses, let alone remedy them. Piecemeal approaches are essential, and private efforts may be the only option when public law and cultural norms deny or perpetuate the harms. This Article addresses one racial harm, the 10:1 racial wealth gap between white and black Americans, in the context of residential segregation over the past century. It contends that the equitable doctrine of restitution enables us to recognize and remedy the unjust enrichment enjoyed by white Baby Boomers caused by private law mechanisms such as racially restrictive covenants, all …


Llm-Assisted Legal Propositions Identification From Party Arguments In The U.S. Supreme Court Briefs, Heng Zheng, Alex Zhang Jan 2026

Llm-Assisted Legal Propositions Identification From Party Arguments In The U.S. Supreme Court Briefs, Heng Zheng, Alex Zhang

Faculty Scholarship

Merits briefs are central to U.S. litigation, serving as the primary means for parties to present arguments and persuade judges. Legal propositions in these merits briefs are the atomic units of arguments, whose relationships evolve throughout litigation and inform court decisions and precedent. Large language models (LLMs) have been applied to legal document review, but there is limited evidence on their ability to identify legal propositions in merits briefs. Given the labor-intensive nature of the task, we evaluate a human-AI collaborative approach to identifying legal propositions in the U.S. Supreme Court merits briefs, in which legal annotators review and revise …


Applying History As Law: The Role Of Historical Facts In Implementing Constitutional Doctrine, Joseph Blocher, Brandon L. Garrett Jan 2026

Applying History As Law: The Role Of Historical Facts In Implementing Constitutional Doctrine, Joseph Blocher, Brandon L. Garrett

Faculty Scholarship

The U.S. Supreme Court has long relied on historical evidence in constitutional cases, but recent years have seen a major change in how it does so: not only to interpret the meaning of constitutional text, but to establish doctrinal tests that call for historical evidence to be used in the application of those tests going forward. Broadly speaking, originalism has moved from the realm of legal interpretation to that of law declaration and then to law application. This transformation in the legal significance of history raises important questions for originalism as a practice of constitutional adjudication, not simply a theory …


Resistance, Collaboration, And Ethnic Bias: Evidence On Social Cohesion In Wartime Ukraine, Janina Dill, Marnie Howlett, Carl Müller-Crepon, Mara Revkin Jan 2026

Resistance, Collaboration, And Ethnic Bias: Evidence On Social Cohesion In Wartime Ukraine, Janina Dill, Marnie Howlett, Carl Müller-Crepon, Mara Revkin

Faculty Scholarship

Interstate wars can rally societies around the flag, but they can also divide them based on individuals’ behavior and identities. Building on fieldwork in wartime Ukraine, we study the importance of collaboration and resistance, ethnic identity, and the interaction between behavior and identity. We examine how such divisions affect Ukrainians’ attitudes toward each other with two conjoint experiments (N=2,513). When choosing among potential neighbors, respondents prefer individuals who resisted over collaborators. However, two identity attributes—ethnic descent and exposure to Russian occupation of Ukrainian territory—activate biases that behavior alone does not fully overcome. Furthermore, we find that respondents value resistance less …


Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos Jan 2026

Should Judicial Opinions Be Read Like Statutes?, Margaret H. Lemos

Faculty Scholarship

Should judicial opinions be interpreted with an eye to their purpose, context, or the intent of their authors, or should interpreters focus on the ordinary meaning of the text? Opinions present the same sorts of interpretive puzzles as other legal texts, and yet they have been omitted from the debates over interpretive methodology that dominate the fields of constitutional and statutory interpretation. The omission is no accident: the Supreme Court has stated repeatedly—and with increasing frequency in recent years—that judicial opinions are not to be read like statutes. Yet neither courts nor commentators have explained why the principles that ground …


Constitutional Colonialism And Decolonization: Moving Toward A Decolonial African Constitutional Future, Luwam Dirar Jan 2026

Constitutional Colonialism And Decolonization: Moving Toward A Decolonial African Constitutional Future, Luwam Dirar

Faculty Scholarship

This Article is an attempt at theorizing Africa's colonial constitutional legacies and post-colonial constitutionalism. The central argument of this Article is that constitutional law in Africa is a colonial tool that was used to legalize the subjugation of Africans and Africa, and a post-colonial necessity for the "self-determination and statehood" of newly-minted African states, while at the same time, it remains a decolonial battlefield of epistemic colonization. This Article adopts a broader conception of colonialism that extends beyond the 19th-century understanding of European colonialism and interrogates constitutional law as both a colonial tool and an act of self-determination in the …


Reversing Progress: The Political And Legal Ramifications Of The 2025 Dei Policy Rollback, Bridgette Baldwin Jan 2026

Reversing Progress: The Political And Legal Ramifications Of The 2025 Dei Policy Rollback, Bridgette Baldwin

Faculty Scholarship

The year 2025 will mark a significant turning point in the landscape of American civil rights policy, as federal executive orders the Trump administration initiated seek to dismantle longstanding diversity, equity, and inclusion ("DEI") initiatives. Rooted in a historical context of civil rights progress, these orders aim to curtail affirmative action programs, eliminate DEI mandates within federal agencies and contractors, and challenge the legal foundations of inclusive policies across the country. This Article explores the evolving landscape of civil rights and DEI in the United States, examining its historical roots, recent legal and political developments, and ongoing challenges. From landmark …


The Ambitions Of History And Tradition In And Beyond The Second Amendment, Joseph Blocher, Reva B. Siegel Jan 2026

The Ambitions Of History And Tradition In And Beyond The Second Amendment, Joseph Blocher, Reva B. Siegel

Faculty Scholarship

This Article examines the ambitions of history-and-tradition review in and beyond the Second Amendment. In Bruen and Rahimi, the Roberts Court rejected means-end review in favor of a historical-analogical approach, claiming to constrain the exercise of judicial discretion and thus to promote the democratic decisions of the founders. But our examination of these cases shows that the Court has created new opportunities for judges to advance their values in considerably less transparent ways. We identify contexts in which Second Amendment doctrine enables judicial discretion, key among them that it allows judges to reason about gun rights and regulation at disparate …


Large Language Models As Machines Of Beauty: Cognitive Averaging, Latent Space Geometry, And The Entropic Foundations Of Aesthetic Preference, Daniel Plate, James Hutson Dec 2025

Large Language Models As Machines Of Beauty: Cognitive Averaging, Latent Space Geometry, And The Entropic Foundations Of Aesthetic Preference, Daniel Plate, James Hutson

Faculty Scholarship

This study advances the position that large language models (LLMs) and human perceptual systems are governed by a shared computational drive toward prototypicality, entropy reduction, and aesthetic coherence. Drawing on developmental evidence that infants exhibit early preferences for facial symmetry and averageness, the analysis situates aesthetic preference within broader research on processing fluency and predictive coding, emphasizing that biological perception rewards stimuli that reduce uncertainty and support efficient information compression. This foundation is used to examine how LLMs, through cross-entropy optimization, perplexity minimization, and latent space clustering, converge on high-density representational regions that operate as statistical prototypes of linguistic and …


Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney Dec 2025

Per Se Non-Takings, Nestor M. Davisdson, Timothy M. Mulvaney

Faculty Scholarship

In the discourse on the Takings Clause, disputes over methodology have long formed a kind of proxy war, with per se rules ordinarily underwriting strong constitutional protection for property rights and ad hoc standards more often vindicating public interests. At a moment when the Supreme Court is increasingly embracing the rules end of this rules-standards spectrum, this Article offers a novel perspective to challenge the conventional link between categorical reasoning and classical liberal conceptions of constitutional property.

To do so, the Article excavates a vast body of law denying takings liability through rule-like reasoning, an approach the Article calls per …


Beyond Phonics: Neuroaesthetic And Symbolic Divergence In Culturally Responsive Dyslexia Screening, Piper Hutson, James Hutson Nov 2025

Beyond Phonics: Neuroaesthetic And Symbolic Divergence In Culturally Responsive Dyslexia Screening, Piper Hutson, James Hutson

Faculty Scholarship

Recent advances in neuroscience and educational technology have challenged the traditional phonological-deficit model of dyslexia, revealing the profound influence of visual-symbolic processing, neuroaesthetic resonance, and cultural context in the reading brain. This article interrogates prevailing assessment paradigms by synthesizing research on the Visual Word Form Area (VWFA), cross-linguistic literacy systems, and emerging neurodiversity frameworks. The study addresses the urgent need to reconceptualize dyslexia as a heterogeneous divergence in symbolic processing—rooted as much in neuroaesthetic and visuospatial alignment as in phonemic awareness. Existing screeners, predominantly optimized for English and other Latin-based scripts, systematically neglect the cognitive realities of learners in multilingual …


Composition Pedagogy As Ai‑Native Coding: From Design Kit To Scholarly Framework, Daniel Plate, James Hutson Nov 2025

Composition Pedagogy As Ai‑Native Coding: From Design Kit To Scholarly Framework, Daniel Plate, James Hutson

Faculty Scholarship

This article advances a field-ready framework that reconceives first-year composition as AI-native coding, translating a complete “design kit” into scholarly method, evaluative protocol, and curriculum architecture. Background: Contemporary composition pedagogy emphasizes process, genre awareness, and collaborative revision; meanwhile, modern software practice operationalizes iteration through version control, test-driven development, and continuous integration. The uploaded kit demonstrates that these cultures are isomorphic: writing stages align with SDLC phases, and automated pipelines can lint prose, execute argument “tests,” and publish artifacts with auditable histories. Approach: The study systematizes that kit into (1) a conceptual map that recasts authorship as orchestration and verification, (2) …


Traditional And Computational Canons, Eric H. Martinez Oct 2025

Traditional And Computational Canons, Eric H. Martinez

Faculty Scholarship

As part of the rise of modern textualism, dictionaries and linguistic canons have become a ubiquitous part of legal interpretation. One longstanding question is whether judges citing these tools sincerely attempt to follow the meaning of a text, or if their invocation is merely window-dressing for a preferred outcome. The practical significance of this question extends across all major doctrinal areas, and with the Supreme Court’s overturning of Chevron deference, its importance is only to grow, as courts are now instructed to use every tool at their disposal to resolve ambiguity when interpreting a law. This Article is the first …


The Crime Of Being Immoral, Randy D. Gordon Oct 2025

The Crime Of Being Immoral, Randy D. Gordon

Faculty Scholarship

Despite a general abhorrence of retrospective laws as a matter of legal theory and Constitutional dictate, US. courts continue-in es sence-to create new crimes by injecting fazzy moral considerations into determinations under the federal fraud statutes. They do so by deeming a failure to act with "moral uprightness" sufficient to consti tute criminal fraud. Under such an amorphous standard, the unwitting find themselves in a legal bind, even though their conduct may not in volve any of the traditional elements of common-law fraud. This Article traces the roots of novel fraud theories with tools drawn from legal theory, linguistics, and …


Cognition, White Matter Hyperintensities And Suicide Risk In Late-Life Depression Patients: An Exploratory Study, Martha Sajatovic Sep 2025

Cognition, White Matter Hyperintensities And Suicide Risk In Late-Life Depression Patients: An Exploratory Study, Martha Sajatovic

Faculty Scholarship

Objective: Suicide among older adults represents a major public health concern and is closely associated with late-life depression (LLD). White matter hyperintensities (WMHs), frequently observed in the aging population, have been linked to both LLD and cognitive impairment. However, the role of WMH burden and cognitive dysfunction in older adults with LLD who have recently attempted suicide remains unclear. This study aims to investigate differences in WMH burden and cognitive performance across three groups: LLD patients with a recent suicide attempt (recent suicide attempt group, RSA), non-suicidal LLD patients (non-suicidal group, NS), and healthy older adults (healthy comparison group, HC). …


Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales Aug 2025

Mitigating Ai Bias With Prompt Augmentation, Verónica C. Gonzales

Faculty Scholarship

Large-language-model (“LLM”) outputs are inevitably shaped by assumptions, biases, and attitudes rooted in racism and other systemic inequities embedded in the civil-law tradition. This Equity-in-Justice CLE focuses on helping civil legal service providers recognize and work to eliminate biases in generative AI outputs through equity-centered prompt augmentation and engineering. These small, cost-free interventions re-orient LLMs assistance toward fairness, cultural competency, and client-centered outcomes. Participants leave with an action plan for embedding anti-bias safeguards in everyday research, drafting, and client communication tasks.


Cultivating Identity, Workforce Readiness, And Heutagogical Lifelong Learning: The Case For Student-Trained Ai Agents In Postsecondary Education, James Hutson Aug 2025

Cultivating Identity, Workforce Readiness, And Heutagogical Lifelong Learning: The Case For Student-Trained Ai Agents In Postsecondary Education, James Hutson

Faculty Scholarship

The accelerated integration of human-centered artificial intelligence and human-computer intelligent interaction (HCII) into postsecondary education has inaugurated a paradigm shift in how learners develop cognitive, socio emotional, and professional competencies. This article argues that requiring students to iteratively build and refine custom AI agents—digital “clones” or GPTs trained on their evolving beliefs, knowledge, values, and interests addresses three pressing challenges facing contemporary higher education. First, the process of self-modeling via agent training compels deep self-reflection, fostering socio-economic development and identity formation during the critical neurodevelopmental period that extends into the mid-twenties. Second, as industry trends increasingly prioritize the creation of …


Family Caregivers’ Perceptions Of Quality Of Dementia Self-Care In Wakiso District, Uganda, Martha Sajatovic, Kylie Meyer Jul 2025

Family Caregivers’ Perceptions Of Quality Of Dementia Self-Care In Wakiso District, Uganda, Martha Sajatovic, Kylie Meyer

Faculty Scholarship

INTRODUCTION: In Sub-Saharan Africa, most people with dementia are cared for in the home setting (dementia self-care) with hardly any support from the formal health and social care system. The study explored family caregivers' perceptions of quality of dementia self-care. METHODS: A descriptive-exploratory qualitative study design was used. Data were collected through four focus group discussions with 48 family caregivers of older people with dementia, recruited from four villages of the Wakiso district in Uganda. RESULTS: Five themes emerged: (1) patience and understanding; (2) maintaining hygiene and cleanliness; (3) constant supervision and safety precautions; (4) personalized care by understanding individual …