Digital Commons Network^™

Regulating Ai Beyond Product Liability, Shruti Trikanad

Michigan Technology Law Review

Artificial Intelligence (AI) is being used by governments across the world to enforce regulatory mandates, adjudicate benefits and privileges, predict and analyze risks, and much more. Although this has significant potential to increase efficiency and responsiveness, it also comes with several risks of transparency, government accountability, and the amplification of discrimination and bias. It is crucial we oversee and regulate these AI systems effectively. This essay argues against the models that current regulatory frameworks are adopting to govern AI use: those resembling product liability.

Through the lens of the European Union's AI Act and Liability Directive, it highlights the unsuitability …

Health, Patents, And Path Dependence: India's Pharmaceutical Crossroads, Jacie Bissell

Michigan Technology Law Review

This paper examines how India’s historical commitment to affordable medicine and public health continues to shape its pharmaceutical patent regime, even as the country aspires to become an innovation-driven economy. Through the lens of path dependence, the paper explores how India’s legal and institutional frameworks have created structural constraints on policy reform. Focusing on key moments such as the Patents Act of 1970, the landmark Novartis decision, and India’s evolving stance on the TRIPS waiver during the COVID-19 pandemic, the paper analyzes the tensions between fostering pharmaceutical innovation and maintaining access to affordable medicines. While recent procedural reforms and judicial …

Recovering From The Ego Death Of The Internet: How The Communications Decency Act Has Shattered Cyber-Libertarianism And The Non-Exceptionalist Move Toward A Brighter Digital World, Peyton Friedlander

Michigan Technology Law Review

For nearly thirty years, the legal framework for analyzing liability for claims of tortious wrongdoing on the Internet has been governed by Section 230 of the Communications Decency Act (“CDA”). However, much has changed since the Act’s inception. Since Congress enacted the CDA, courts have interpreted its provisions far beyond their original meaning, creating a regime that ultimately destroys a prospective plaintiff’s ability to recover the equitable remedies once available to those seeking redress for online invasions of privacy and reputational harms.

As the Internet continues to grow and changes in technology rapidly develop, it is time to re-center equitable …

Conversational Ai And Human-Centered First Amendment, Inyoung Cheong

Michigan Technology Law Review

Human-centered artificial intelligence (AI) is premised on the idea that humans must remain the ultimate locus of agency in technological systems. First Amendment jurisprudence has displaced this commitment. By extending speech protection to algorithmic architectures, the judiciary has forged a doctrinal shield that insulates corporate actors from the consequences of their products. Conversational AI deepens this crisis through intimate incursions into the epistemic and emotional registers of the self. Emerging approaches that anchor First Amendment coverage to the controllability or traceability of AI outputs offer no stable solution. Policy-level design choices such as safety guardrails and alignment processes can readily …

What Are Men Doing To Prevent Gender-Based Violence? Challenges And Resistance To Traditional Masculinities In Costa Rica, Fiorella Masís Aguilar

All Graduate Theses, Dissertations, and Other Capstone Projects

Achieving gender equality and reducing violence, especially violence against women, requires men's involvement. This research focuses on understanding the actions and strategies that Costa Rican men who challenge traditional masculinities use to question or resist hegemonic traditional masculinities. Furthermore, it explores what factors influenced the development of these actions and how the participants understand that hegemonic masculinities and their actions to change them are related to gender-based violence. According to Planning Department of the Judiciary of Costa Rica, four out of five perpetrators of violent crimes are men, and eight out of ten victims are women. Using semi-structured interviews with …

"What Does It Mean If I Am Silent?”: Bipoc And Lgbtq+ Educators’ Narratives Of Identity, Responsibility, And Student Protection, Julie Nicole Von Stein

Theses, Dissertations and Capstones

This qualitative study examined how BIPOC and LGBTQ+ educators describe their experiences navigating curriculum restrictions and book bans in politically restrictive educational environments, their perceptions of administrator support, and how their identities uniquely shape their decisions about resistance and risk. Grounded in Scott’s theory of everyday resistance, the study explored the ways BIPOC and LGBTQ+ educators make decisions about resistance when curricular content connected to race, gender, sexuality, and marginalized identities is challenged or restricted. Data were collected through semi-structured interviews with educators who identify as BIPOC and/or LGBTQ+, allowing participants to describe their experiences, decision-making processes, perceived risks, and …

Suicidality, Self-Neglect, And Medical Refusal In Advanced Illness: An Ethical Case Report, Austin Supak, Sarah Greene, Madeline Adelman, Whitney Snyders

Continental and Mountain Divisions GME Resarch Day 2026

No abstract provided.

Countryside Aflame: Fire As A Hazard In The Rural Philippines, 1850–1950, Greg Bankoff, Marie Beatriz D. Gulinao, David O. Lozada Iii, Mary Donna Grace Cuenca

History Department Faculty Publications

Fire has shaped human evolution, social organisation, and technological development, yet modern fire science remains anchored in categories derived largely from Western experience: wildland fires, the wildland–urban interface, and urban conflagrations. These frameworks obscure a fourth, largely overlooked regime– village fire– rural settlements that lack the structural protections, materials, and services characteristic of urban areas. In the Philippines, where rural settlement dominated into the twentieth century, village fire was the principal way people encountered fire risk. Using evidence from the Historical Data Papers (1951), this study reconstructs a village fire regime marked by highly combustible construction, new technological sources of …

The Dog Days Are (Almost) Over: Pari-Mutuel Betting Laws And State Subsidies’ Roles In Upholding The United States’ Dog Racing Industry, Mary Grace K. Mcnamara

Student Works

No abstract provided.

How Robotics Can Reduce Occupational Injuries In Hospitals: Is Hipaa A Barrier?, Uwa Maher

Student Works

No abstract provided.

Primary Lung Adenocarcinoma Mimicking Miliary Tuberculosis Pattern: A Rare Presentation, Reza Alavi, Casper Chen, Idelisse Suarez Maldonado, William Arvan, Mukesh Patel, Elie Feghali

West Florida Division GME Research Day 2026

No abstract provided.

Tricenarian Seizure Cascade: Uremic Encephalopathy And Suspected Dialysis Disequilibrium, Purva Dahat, Jessica Nguyen, Sara Abuelayyan, Amnah Andrabi

North Texas GME Research Forum 2026

Introduction Uremic encephalopathy and dialysis disequilibrium syndrome (DDS) are distinct neurologic complications of renal failure that can precipitate seizures. While uremic encephalopathy reflects toxin-mediated metabolic dysfunction, DDS may occur during hemodialysis initiation from rapid osmotic shifts. They are usually described as separate entities, particularly in established CKD. Sequential neurologic events spanning the pre-dialysis period and dialysis initiation in previously undiagnosed renal failure are poorly characterized.

Case presentation A previously healthy African American man in his 30s with no known history of kidney disease presented with new-onset generalized tonic-clonic seizure accompanied by respiratory distress. Initial laboratory testing revealed profound azotemia with …

The Justice For Victims Of War Crimes Act: A Dangerous Expansion Of Universal Jurisdiction To Non-International Armed Conflicts, Yuyan (Nicole) Zhang

Michigan Journal of International Law

Universal jurisdiction over war crimes committed in noninternational armed conflict (“NIACs”) has yet to develop a firm legal foundation under international law. The Justice for the Victims of War Crimes Act of 2023, however, amended the War Crimes Statute (18 U.S.C. § 2441) and extended universal jurisdiction to NIACs. This overreach risks infringing on the sovereignty of NIAC-affected states and destabilizing their ongoing peace processes. Many such states prioritize reconciliation through mechanisms like truth commissions over retributive justice through criminal trials. The prosecution of their nationals under U.S. law could undermine their sovereign decisions and unravel delicate efforts toward peace. …

Principal Leader Behaviors That Create Meaning For Their Teachers To Reduce Stress And Burnout, Angelina Santana

Dissertations

Purpose: The purpose of this mixed methods study was to identify and describe the behaviors that exemplary high school principals use to create meaning for themselves and their teacher followers through relationships, character, vision, wisdom, and inspiration. In addition, the study aimed to determine the new teachers’ perceived degree of importance of the principal leader behaviors related to relationships, character, vision, wisdom, and inspiration to help create meaning.Methodology: The mixed methods convergent study design uses qualitative and quantitative means to collect and analyze data to understand how exemplary high school principals make meaning for their teacher followers. First, qualitative interviews …

Control Capture And Competition, D. Daniel Sokol, Robert J. Rhee

UF Law Faculty Publications

This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine has historically revolved around internal control of firm, i.e., equity acquisition. It focuses on the capture of internal control. Mergers and acquisitions trigger regulatory review. In these deals, the locus of anticompetitive behavior lies in ownership and internal governance. However, one can capture control through various ways. An emerging problem in antitrust law is external exertion of control through contract. Competition can be stifled, and thus price, non-price, and innovation factors can be controlled or manipulated through the levers of control existing …

Shifting Structural Power: The Tech Energy Transition, Amy L. Stein

UF Law Faculty Publications

For the first time in over a decade, flat and stagnant electricity demand is expected to skyrocket. This increased demand is driven in large part by data centers that support artificial intelligence, crypto mining, and cloud computing. This is straining the electric grid, its stakeholders, and legal constructs in significant ways. Legal energy scholarship has spent the last fifteen years focused on the challenges of managing an electric grid transitioning to clean energy, in a world where privately owned electric utilities maintain powerful monopolies across the country. But there are no accounts of how the balance of power in this …

The Apathy Economy: Patents, Advertising, And Consumer Indifference, Gavin Milczarek-Desai, Derek E. Bambauer

UF Law Faculty Publications

Patents function as signals as well as rights to exclude. They inform competitors, investors, employees, and consumers about the invention and its owner. How this information affects consumers is not well understood. Existing studies disagree about how advertising a product or service as patented, or patent pending, affects the price consumers will pay. This Article offers the first major empirical study of that question and finds that consumers behave with surprising rationality: they will not pay any price premium for a patented product. A product’s patent status conveys little information about whether it is superior to competing offerings. The results …

Copyright Disincentives, Thomas D. Haley

UF Law Faculty Publications

Over the last decade, a spate of high-profile copyright infringement lawsuits rattled the music industry. Controversy followed in the wake of multi-million-dollar damages awards, with criticism emanating from courts, scholars, and musicians alike. The basic logic of the critique is sound: the specter of such massive liability for small and inadvertent similarities disincentivizes the creation of new music. But the disincentive effect remains curiously under-theorized. This Article develops the literature’s first nuanced account of this disincentive theory, drawing on analysis of hundreds of copyright dockets as well as interviews with musicians to show that the feared disincentive has not come …

A History Of Vacatur, Benjamin B. Johnson

UF Law Faculty Publications

Vacatur, a seemingly routine appellate tool, has evolved into one of the Supreme Court’s most potent instruments for declaring law. This Article offers the first comprehensive historical account of vacatur, tracing its roots from English and early American practice through its twentieth-century transformations to its contemporary uses. Historically, courts used vacatur to manage dockets, correct procedural irregularities, or enforce reversals on the merits. Modern usage has departed markedly from these roots. The Court now frequently employs vacatur to declare binding legal rules without issuing judgments, effectively circumventing traditional limits on judicial power. Taking seriously the Court’s own insistence on history …

Crypto Money Laundering, Jiaying Jiang

UF Law Faculty Publications

The crypto ecosystem has become a new frontier for money laundering, with criminals exploiting its anonymous and pseudonymous features. This Article explores how money laundering operates in the crypto space and highlights emerging trends. It then examines the existing legal and regulatory framework and argues that its core weakness lies in its reliance on trusted intermediaries. This approach conflicts with the philosophy that shaped the emergence of the crypto industry-one grounded in disintermediation and decentralized trust. To address this tension, this Article demystifies decentralization, showing that it is not a binary condition but instead exists on a spectrum. Across the …

Beyond Sharenting, Stacey B. Steinberg

UF Law Faculty Publications

Sharenting—the practice of parents sharing information about their children online—has become mainstream in American society. While most forms of sharenting may be considered benign or even beneficial, some parents harm or exploit their children when sharing online. For example, “mom-influencers” often violate their children’s privacy in their attempts to attract followers to their social media accounts. While traditional forms of parental sharing raise privacy concerns, we are only beginning to understand the dangers and impacts of widespread exposure of children on social media.

This Article is the first to propose a welfare model of child protection to address exploitative and …

The Impacts Of Land Use Land Cover Change And Urbanization On Precipitation In The Kentucky–Ohio River Valley, Madison Wallner

Theses

This thesis evaluates how urban growth modifies warm-season rainfall and convection near Louisville, Cincinnati, and Evansville. From 1987–2024, rainfall increased at most stations, but MERRA-2 and statistical modeling show that regional ascent and moisture were the primary controls on seasonal precipitation. Radar analysis identified storm initiation as the dominant event type, especially near Louisville’s urban–river boundary and northeastern downwind corridor. Louisville’s developed land increased from 53.5% to 66.3%, while MODIS showed significant nighttime warming but little daytime warming. GOES cloud-frequency patterns were also locally enhanced near river, urban-edge, southeastern vegetated, and downwind areas. WRF sensitivity simulations showed that urban land …

The Futility Of “Genocide” In Ending A Genocide, Shannon Fyfe

Scholarly Articles

After the horrors of World War II, the Genocide Convention of 1948 sought to invest the international community in creating legal obligations that “sovereign” states commit to preventing and punishing future genocides. Unfortunately, this has not succeeded. International legal jurisprudence pertaining to identifying and punishing genocide has developed at the International Court of Justice and at other international criminal courts and tribunals. Yet the invocation of the term “genocide” in public, academic, or legal discourse has generally failed to ensure the participation of the international community in stopping a genocide. The United States, for instance, has failed to play the …

Desperation Finance: Merchant Cash Advances In Bankruptcy And Beyond, Kara Bruce

Emory Bankruptcy Developments Journal

Over the last several years, Merchant Cash Advances (“MCAs”) have risen in prominence as a form of short-term financing for distressed small businesses. MCA transactions are distinct from most small-business lending because they are not structured as loans at all. Rather, in exchange for a lump sum of cash, the merchant purports to sell to the funder an unidentified percentage of its future receipts or receivables. This structure allows funders to sidestep the application of lending regulations and usury protections, but it strains the foundations of commercial law and generates a host of interpretive challenges.

Bankruptcy, district, and circuit courts …

Holding The Debtor’S Fresh Start Hostage: Bankruptcy Courts Incorrectly Interpret Ransom V. Fia Card Services To Deny Debtors A Car Ownership Expense Deduction, Creola Johnson

Emory Bankruptcy Developments Journal

With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, Congress adopted for the first time a standardized income-based test for measuring an individual debtor’s “disposable income,” which is the amount a debtor must pay to unsecured creditors in a chapter 13 proceeding. Under the means test, debtors calculate their disposable income by deducting from income various standard expenses established by the Internal Revenue Service. One of those standard expenses is a vehicle ownership expense, which debtors can deduct if they have auto loan or lease payments. 

This Article is about bankruptcy courts who …

The Hidden Cost Of Prescription Drug Discount Programs And The Lack Of Legal Protections To Protect Consumers, Gina Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Global Supply Chain Resilience In Emerging Technologies: A Case Study Of Bitcoin Mining, Kishanthi Parella, Carla L. Reyes

Scholarly Articles

The United States has put into motion bold plans in critical and emerging technologies to bolster its national and economic security.  For example, the federal government created a national bitcoin strategic reserve and a stockpile of other cryptocurrency; while several states have committed to or are considering similar goals.  However, the security of these reserves is dependent on two types of supply chains within the Bitcoin mining industry: analogue supply chains, relating to the physical components needed for Bitcoin mining, and data supply chains, relating to the complex and layered logistical network of actors that create input into …

Serendipity And Self-Regulation: The Evolution Of Cryptocurrency-Based Exchange-Traded Products, Onnig H. Dombalagian

American University Business Law Review

Cryptocurrency enthusiasts rejoiced last year when the Securities and Exchange Commission (SEC) approved the listing of bitcoin-based and ether-based exchange-traded products (ETPs). For over a decade, cryptocurrency entrepreneurs have sought to trade cryptocurrency products on traditional securities exchanges.  Listing bitcoin and ether ETPs gave retail investors an easily accessible, transparent, and perhaps, more cost-efficient means of investing in cryptocurrencies while reducing the credit and custodial risks of dealing with unregistered digital asset exchanges or digital asset intermediaries. The listing of cryptocurrency ETPs may also represent a substantial step toward completing the marketplace for financial transactions in bitcoin and ether.

 There …

Re-Examining U.S. Bailouts In The Digital Era: Moral Hazard And Adverse Consequences, Joel Slawotsky

American University Business Law Review

Financial institutional bailouts have become the new normal in recent decades. From the savings and loan crisis, to the sub-prime, to SVB and Signature, the U.S. government and regulators have decided that the failure to protect depositors and investors could lead to bank runs, a destabilized banking sector, and ultimately economic turmoil inflicting tremendous monetary and social costs on citizens. However, the mainstreaming of bailouts has led to moral hazard, i.e., the expectation among all stakeholders including financial institutions, investors, creditors, and regulators, that a government rescue is inevitable. The problem of moral hazard is the creation of incentives to …

The Social Promise Of Hybrid Entities, Frederick M. Spight Jr.

American University Business Law Review

Many Historically Black Colleges and Universities (HBCUs) are struggling to stay afloat. These historic, and historically underfunded, institutions suffer from a chronic shortage of resources, leading to the notable closures of schools, like Concordia College. Some critics question the modern place of the HBCU as a relic of a bygone era. This article argues, however, that HBCUs are worth sustaining and provides the legal tool to do so: the hybrid entity. 

Hybrid entities arose from the social enterprise movement, which sought to harness the power of both nonprofit and for-profit organizations. Operating under the philosophy of “doing well, while doing …