Digital Commons Network^™

Expanding Our Horizons: Reflections On A Compass Of Possibilities, Corinna Barrett Lain

Law Faculty Publications

Once in a great while, I read a piece of literature and know immediately that I am reading something special. I instinctively know that the author is renowned, and I know this without even knowing who wrote whatever it is that I am reading. The words are crisp and clear, and the ideas are so provocative that it is evident that something deeply meaningful has been created, something that people will be thinking about for a long time. Such is the case with Mireille Delmas-Marty’s last lecture at the Collège de France in 2011, recently translated to English, and accompanied …

Strengthening The General Assembly, Chiara Giorgetti

Law Faculty Publications

Still fully immersed in the devastations of World War II and keenly aware of the inability of the League of Nations to prevent it, the winning nations negotiating the Charter of the new United Nations in San Francisco in April–June 1945 aimed at creating a novel international organisation that embodied a new balance of power mechanism: a system focused on having one – powerful – executive organ and a plenary organ with more of a consultative function (Department of State, 2017). Thus, on one side, the UN system provided a Security Council (SC) – with a two-­ tiered membership constituted …

A Konnyaku Jelly Model For Ultrasound-Guided Fascia Iliaca Compartment Block, Arthraj J. Vyas, Matthew C. Lo, Arthur Au, Md

Alpha Omega Alpha Research Symposium Posters

Purpose

Konnyaku Jelly:

•Previously used as effective ultrasound-guided IV access phantom

•Withstands multiple needle piercings without phantom deterioration

•<$3 per pack

Beat It: A Proposal To End Masturbation Bans In Prisons, Madison Dougherty

Cardozo Journal of Equal Rights & Social Justice

The note argues that bans on masturbation in prisons are unconstitutional under the Fourteenth and Eighth Amendments. It contends that such bans infringe upon prisoners' rights to privacy, bodily autonomy, and protection against cruel and unusual punishment. The author proposes reforms to prison policies to allow private masturbation while prohibiting assaultive behavior, advocating for a shift towards rehabilitation over punishment.

(In)Dependence Day: Why The Modern Streaming Industry Requires Modern Antitrust Enforcement, Samuel Kahn

Cardozo Arts & Entertainment Law Journal

The note argues that the contemporary streaming industry, dominated by a few major platforms, mirrors the pre-Paramount era's anticompetitive practices, necessitating a reexamination of antitrust laws to address oligopolistic structures, protect independent creators, and ensure consumer access to diverse content. It contends that the repeal of the Paramount Decrees and the failure of current antitrust frameworks to adapt to the streaming industry's unique challenges have allowed media giants to grow unchecked, stifling competition and innovation.

Incentivizing Innovation In The Realm Of Social Goods: Patent Law's Unintended Inhibiting Effect On Environmental Technological Advancement, Ethan Graham

Cardozo Arts & Entertainment Law Journal

The note argues that while Direct Air Capture (DAC) technology holds significant potential to address climate change by removing carbon dioxide from the atmosphere, its development and deployment are hindered by the gatekeeping mechanism of patents. These patents, though intended to incentivize innovation, often stifle progress by restricting access to critical technologies. The analysis highlights the urgency of climate action, the limitations of current legal frameworks, and the need for policy reforms to accelerate DAC innovation and mitigate global warming.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 42, Iss. 1

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sports Sanctions Against Russia Through The Lens Of The Court Of Arbitration For Sport, Ilias Bantekas

Cardozo Arts & Entertainment Law Journal

The Russian invasion of Ukraine prompted the vast majority of international sports federations to adopt some kind of coercive measures against Russian and Belarusian clubs and athletes. While athletes in individual sports were generally allowed to participate without representing their country of nationality, international sports federations hosting team-based events suspended teams from sanctioned states from participating therein. Pertinent decisions were driven not by the sanctions imposed unilaterally or multilaterally. Rather, they were precipitated by logistical and safety factors, as well as the likelihood offinancial harm to the competitions under their aegis. The Court of Arbitration for Sport (CAS) sided with …

Deceptive By Nature: A Model For Regulating Native And Embedded Advertising In The Contexts Of Children's Audiences, Zach Cihlar

Cardozo Arts & Entertainment Law Journal

The note advocates for enhanced regulatory measures to protect children from deceptive native and embedded advertising in digital media. It emphasizes the need for the Federal Trade Commission (FTC) to expand its regulatory framework to classify such advertising as deceptive, leveraging existing laws like the Federal Trade Commission Act (FTCA) and the Children's Online Privacy Protection Act (COPPA). The proposed model suggests a combination of stricter regulations, parental involvement through technology, and strengthened self-regulatory mechanisms to address the challenges posed by modern advertising formats.

Satire And Actual Malice: Expanding The Reasonable Reader Analysis For The Modem Era, Cory Crystal

Cardozo Arts & Entertainment Law Journal

No abstract provided.

For The Love Of The Game: Examining The Legality Of Unofficial Fan Video Game Remakes, Madeleine Higgs

Cardozo Arts & Entertainment Law Journal

The note explores the legal challenges faced by creators of fan remakes of delisted video games under the Digital Millennium Copyright Act (DMCA) and proposes potential solutions to address these issues. It argues that expanding exemptions for such works and adopting a statutory licensing regime could provide a legal framework that balances the rights of copyright holders with the creative interests of fan creators. The analysis emphasizes the need for reforms to prevent overly broad enforcement of copyright protections and to incentivize fair use considerations.

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 42, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Is Chinese Law Well-Prepared For Al Songs?: A Note Of Caution On The Over-Expansion Of Personality Rights, Yang Chen

Cardozo Arts & Entertainment Law Journal

Recently, artificial intelligence (AI) singers, or more precisely, AI songs cloning celebrities' real voices (AI songs), have become a key topic in the entertainment industry and among fan groups across the globe, particularly in China. AI songs have attracted considerable attention from the legal community, as they unsurprisingly raise various ethical and legal issues. Examples of hotly discussed legal issues surrounding AI songs include whether using prior published songs to train AI models violates copyright holders' rights and whether the creators of Al songs breach copyright protection by training AI to sing songs copyrighted by other celebrities or companies. One …

Bias Notification Duty, Eldar Haber, Shai Stern

Cardozo Arts & Entertainment Law Journal

Algorithms are often tainted with bias that could negatively affect subjects' lives in many aspects. But while policymakers and scholars tend to focus their attention on methods to fix the bias within the algorithm or its output, they neglect a crucial piece of the puzzle: when companies discover bias and fix it in the algorithmic output, they do so behind the scenes. While such a move might debias the output, society remains in the dark about its existence or how it might have affected the outcome. Society thus misses a unique opportunity to study social and cognitive biases that shape …

Can Chatgpt And The Like Be Your Co-Authors?, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

On November 30, 2022, OpenAI released an AI based chatbot called ChatGPT (Generative Pre-trained Transformer). This AI system uses natural language processing (NLP) techniques to generate written text by learning the patterns and structures of natural language. ChatGPT is a versatile chatbot with the ability to write speeches, news articles, and essays either wholly or partially. Some users acknowledge ChatGPT as a co-author of the generated text, while others only acknowledge its use in writing the document. In fact, this issue became so pressing in academia that Springer Nature, the world's largest academic publisher, announced that software like ChatGPT cannot …

What Happens When The Conflicts Of Interest Board Does Not Prevent Conflicts? Examining New York City Charter Chapter 68, Abigail Damsky

Cardozo Arts & Entertainment Law Journal

The note critiques the New York Board's advisory opinion on elected officials' use of personal social media accounts, arguing that it contravenes Chapter 68 and Board Rule Section 113 by allowing the use of city resources for political gain, undermining government integrity, and creating transparency issues under the Freedom of Information Law (FOIL). The analysis advocates for revising the advisory opinion to align with existing ethical standards and ensure accountability.

Service Of Process Via Nft Airdrops: The Pathway To Private Litigation For Injured Web3 Plaintiffs, Sophia Dudgeon

Cardozo Arts & Entertainment Law Journal

The note explores the evolving landscape of legal process in the digital age, focusing on the use of blockchain technology and NFTs for serving legal notices. It argues that courts are increasingly adapting traditional due process principles, such as those established in Mullane v. Alabama, to accommodate emerging technologies. The analysis highlights the landmark case LCX AG v. 1.274M U.S. Dollar Coin, where a court approved serving process via NFT airdrop, demonstrating how technological innovations can enhance access to justice in digital asset disputes. The author advocates for courts to embrace expansive interpretations of alternative service methods to …

Table Of Contents - Cardozo Arts & Entertainment Law Journal, Vol. 42, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introductory Remarks, Carly Rothstein

Cardozo Arts & Entertainment Law Journal

This introductory remark explores the implications of recent Supreme Court decisions in Bad Spaniels and Andy Warhol on intellectual property law, focusing on the evolving landscape of copyright and trademark protections. It highlights the challenges and opportunities these rulings present for balancing artistic expression, cultural norms, and legal frameworks. The symposium serves as a platform for scholars and practitioners to discuss these developments and their broader impact on IP law and policy.

Panel 1: Copyright Law, Michael W. Carroll, Peter Karol, Christopher Sprigman, Jacob Noti-Victor

Cardozo Arts & Entertainment Law Journal

The Warhol v. Goldsmith case has reshaped the interpretation of fair use in copyright law, emphasizing market competition and the commercial purpose of the use. The Supreme Court's decision focused on the commercial licensing of Warhol's work, highlighting the importance of assessing whether the use competes with the original work's market. This shift could influence future cases, particularly in technology and art, by potentially altering how transformative use and market competition are evaluated.

Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Why Courts Should Not Interpret The Meaning Of Art, Amy Adler

Cardozo Arts & Entertainment Law Journal

The article argues that courts are ill-equipped to interpret the meaning of art, particularly in fair use cases, as seen in the Supreme Court's decision in Warhol Foundation v. Goldsmith. The Court's reliance on determining the meaning of art exacerbates confusion and inconsistency in fair use jurisprudence, highlighting the need for alternative approaches that avoid judicial interpretation of artistic meaning.

Why The Supreme Court Rejected The Prospect Theory Of Copyright Scope, Michael W. Carroll

Cardozo Arts & Entertainment Law Journal

In Google LLC v. Oracle America, Inc. ("Google v. Oracle"), and again in Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith ("Warhol"), the parties and various amici presented the Court with a variety of arguments about the relationship between a copyright owner's right to make derivative works from a protected work and a user's right to make fair uses of that same work. At bottom, these arguments were about the proper, or even optimal, scope of copyright.

This Essay argues that these arguments were instead grounded in a form of "prospect theory" of copyright scope that …

Trademark Fair Use Is No Joke, Christine Haight Farley

Cardozo Arts & Entertainment Law Journal

The article critiques the Supreme Court's decision in Jack Daniel's Properties v. VIP Products, arguing that the Court missed an opportunity to clarify the relationship between trademark law and the First Amendment. While the Court acknowledged the importance of protecting parodies, it failed to develop a comprehensive framework for balancing trademark rights with free speech. Instead, it introduced a narrow rule that limits the application of the Rogers test, potentially undermining speech protections in trademark disputes. The article contends that the Court's reliance on the likelihood of confusion test is insufficient to address the broader First Amendment implications of …

What Recent Scrutiny Surrounding New Jersey's Newborn Screening Program Is Missing: Comment On The Reproductive And Social Justice Issues The Program Illuminates, Dylan Blanchard

Cardozo Arts & Entertainment Law Journal

The note critiques New Jersey's Newborn Screening Program, highlighting its constitutional and social justice implications. While the program is a vital public health measure, its retention of newborn blood samples without informed consent and subsequent use by law enforcement raises significant Fourth Amendment concerns. The analysis argues that the program disproportionately impacts minorities and perpetuates systemic racism in the criminal legal system, as biometric data from these samples can be used to bypass probable cause requirements.

Masthead, Cardozo Arts & Entertainment Law Journal, Vol. 43 (2024-25)

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Occupational Therapy's Role In Work And Industry: Manufacturing, Madeline Spears

Occupational Therapy Doctorate Capstone Posters

This capstone project focuses on the role of occupational therapy in a work and industry setting. I completed this capstone in collaboration with the manufacturing engineering program at EKU and leaders from Toyota Powertrain with the overarching goal being to increase accessibility and advocate for expansion of the manufacturing workforce to include workers with disabilities. Toyota provided assembly parts for their cam housing process with the objective to adapt the process to be accessible for wheelchair users. I completed a thorough task analysis followed by collaboration with engineering professionals to design and build a new manufacturing workstation that is wheelchair …

Sensory Training For School Based Professionals, Anna Rose

Occupational Therapy Doctorate Capstone Posters

The purpose of this ALE presentation was to develop a sensory-based training for school system professionals in Floyd County Schools regarding the purpose of sensory-based interventions and sensory-based equipment to improve student outcomes and academic performance. Professionals were educated regarding the appropriate use of sensory equipment within their school’s sensory room and sensory supports to utilize within the classroom. All professionals were trained to ensure optimal outcomes for students utilizing the new and finalized sensory rooms in Floyd County. After the finalization of 8 sensory rooms, and over 10 sensory-based trainings, Floyd County professionals were assessed utilizing equipment with students, …

When Worlds Collide: The Intersection Of Horses & Rehabilitation, Rachel Carden

Occupational Therapy Doctorate Capstone Posters

One niche practice area in Occupational Therapy, Physical Therapy, and Speech Language Pathology practice is hippotherapy. This practice area involves equine movement as part of the therapeutic process. My capstone experience was completed at Transitions Physical Therapy, with Lisa Harris as my mentor. I completed 14 weeks of hands-on, patient directed learning with direct, supervised patient handling, equine handling, and observing how the therapeutic process can involve equine movement to benefit patient goals. In this experience, I created a 46-page resource guide to include five parent handouts, describing the nature of hippotherapy and OT/PT. This resource guide also included twelve …

Occupational Therapy Education: Teaching, Scholarship, And Service, Tyler Bush

Occupational Therapy Doctorate Capstone Posters

The past 14 weeks of this Capstone experience, I have had the pleasure of learning what it is like working in academia in a University setting. During this time, I quickly learned that teaching is just one piece of academia, where service and research are also included in three different components that make up academia. While teaching was the main area of focus I wanted to gain experience in, I was also able to learn more about research and service. At the end of my Capstone experience, I led a service community project by developing an educational learning module to …