Law Commons^™

Choosing The Best Entity For Investments Trading After Understanding The Tax Limitations And Restrictions, Ray A. Knight, Joseph Lakatos

DePaul Business & Commercial Law Journal

The trading of various securities is subject to market rules. However, when securities trading is completed within a business entity, the entity is subject to tax limitations and restrictions. The tax benefits cannot be the dominant purpose for the entity structure; economic substance including profit motive and business purpose for each transaction must be able to be shown.

The trading of investment securities must be housed in the right entity to gain the best economic results as well as to minimize the tax burden. The entity selection process must first consider the characteristics and nature of the securities (e.g., currencies, …

Volume 23 - Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

Iconic Voices And Ai: The Legal Battle Against Voice Cloning, Ezra Ashkenazi

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

In a recent interview with The Guardian, the legendary Hollywood actor, Morgan Freeman, expressed his distaste with AI’s use of his voice. Freeman went on to say, “I get paid for doing stuff like that, so if you’re gonna do it without me, you’re robbing me.” Freeman went further and said that his lawyers “[A]re already ‘very, very busy’ tackling unauthorized artificial intelligence uses of his voice.” While that is the last we have heard from Freeman and his legal team on the matter, this article will analyze the potential legal arguments one can bring to enjoin a company’s …

Impact Of The 23andme Bankruptcy On Preserving The Public Benefit Of Scientific Data, Jonathan E. Lotempio Jr., Chistopher R. Donohue, Jonatahan D. Moreno, Ana Santos Rutschman, Joshua Sarnoff, Michael S. Sinha, Thomas Stoeger, Jorge L. Contreras

Faculty Publications

The bankruptcy of 23andMe was an inflection point for the direct-to-consumer genetics market. Although the privacy of consumer data has been highlighted by many as a concern, we discuss another key tension in this case: the corporate enclosure of scientific data that has considerable potential value for biomedical research and public health.

Lynk Labs: How The Least-Vetted Documents Destroy Issued Patents, Dennis D. Crouch

Faculty Publications

The Lynk Labs petition presents the Supreme Court with an opportunity to restore the temporal coherence that Congress built into § 311(b)'s evidentiary framework. By treating "printed publication" as synonymous with any reference that eventually becomes public, the Federal Circuit has transformed IPR into a forum where unexamined, abandoned patent applications can destroy patents that survived the very scrutiny those applications failed to complete. The Court should grant certiorari and hold that a printed publication must be printed and published before the critical date to serve as the basis for an IPR challenge.

Generational Impact: How U.S. Government Generative A.I. Use Reinvigorates Copyright-Based Takings Concerns, Sophia Tully

William & Mary Bill of Rights Journal

This Note argues (1) that the unique character of government copyright infringement supports a copyright holder’s use of the Takings Clause of the Fifth Amendment, as opposed to reliance on the Copyright Act for downstream Gen A.I. suits; (2) that Gen A.I. developers may wage similar claims once asserting authorship rights and copyright over their outputs; and (3) that the viability of federal government copyright infringement as a regulatory taking could change the way legal actors deal with copyrighted material. More modestly assessed, an answer on whether the Takings Clause protects copyrights would offer much needed guideposts as intellectual property …

Copyright, Incentives, And Popular Music Composition, Glynn S. Lunney Jr.

Faculty Scholarship

The rise of file sharing and the subsequent collapse in sales of recorded music offer a rare glimpse into a counterfactual world where copyright, for a time, was weakened. Comparing creative output before and after this exogenous shock allows us to test empirically whether incentives to copyright owners were correlated with creative output. In this article, I extend previous work on this issue from recording artists to songwriters and search for a correlation between incentives and popular music composition. In particular, I test three hypotheses. First, I test whether more incentives were associated with more or better popular musical compositions. …

Balancing A Circular Economy With Brand Protection: How Luxury Fashion Houses Can Regulate Upcycling Through Trademark Licensing, Olivia Dinkins

Brooklyn Journal of Corporate, Financial & Commercial Law

The growing demand for sustainable fashion, particularly among younger consumers, has led to a surge in upcycling practices that repurpose pre-existing materials, often featuring luxury brand trademarks. While upcycling may support a circular economy and artistic innovation, it poses complex legal challenges for trademark owners, especially concerning consumer confusion, dilution, and the use of counterfeit materials. This Note explores the intersection of trademark law and sustainability in the luxury fashion sector, highlighting the tension between environmental responsibility and intellectual property protection. This Note first analyzes the way various courts have confronted these issues and the limitations of doctrines like first …

Copyright In The Generative Ai Era: Reimagining Creativity And Fairness, Huijuan Peng, David Tan

Research Collection Yong Pung How School Of Law

This article examines the need for copyright reform in response to the transformative impact of generative artificial intelligence. It identifies key legal challenges, including the absence of clear criteria for authorship and the infringement risks associated with both inputs (training of large language models) and outputs (AI-generated content). The authors argue that two overarching themes—creativity and fairness—will drive the future development of copyright law. Through a comparative analysis of how three jurisdictions—the United States, China, and Singapore—have addressed these challenges, the article offers practical and forward-looking insights for navigating the complex copyright landscape of the generative AI era.

This article …

More Than Medals: Protecting The Olympic Brand, Olivia M. Zykoff

Brooklyn Journal of International Law

The enforcement of intellectual property rights is critical for brand protection. When a country is given the power to host an event as grand as the Olympic Games, it takes on immense responsibility to protect all aspects of the Games ahead. Importantly, as an international event that travels to a new host country every two years, the Olympic brand requires centralized protection, to be overseen by a leading body, the International Olympic Committee (IOC). This Note reviews the foundational protections given to the Olympic brand by the IOC and examines the country-specific treatment and protections granted to Olympic properties at …

Frankenstein Sinatra: The Argument For A Federal Postmortem Right Of Publicity In The Ai-Era, Ian Samide

Brooklyn Journal of Corporate, Financial & Commercial Law

Artificial Intelligence has fundamentally revolutionized the way media is generated and presents new and unique threats to the right of publicity. By enabling users to create high-quality, realistic deep fakes of individuals’ voices, images, or likenesses, Artificial Intelligence has created novel risks to the right of publicity. Additionally, right of publicity is currently governed by state law. This system is proving to be flawed in the internet age, as content is rarely confined to a single jurisdiction, resulting in unpredictability and juridical disputes. This note argues that a federal right of publicity is necessary to regulate Artificial Intelligence effectively and …

Rethinking The Key Role Of Private Antitrust Enforcement, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This Article focuses on the institutional design of American competition policy. It argues that any long-term effective revival of U.S. antitrust policy requires a better acknowledgement of the key and irreplaceable role played by private litigation and proposes a rethink of private anti-trust enforcement policy.

To unpack the nuanced interconnection between public and private competition enforcement, the Article begins by tracing the rise and fall of private antitrust. It builds on a novel, hand-coded, and comprehensive analysis of the entire Supreme Court antitrust track record—all 474 decisions over 130 years—to outline how an ideologically …

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

The Supreme Court Is About To Hear A Case That Could Rewrite Internet Access, Michael Goodyear

Other Publications

No abstract provided.

Did The Dodgers Ruin Baseball? Why Mlb’S Antitrust Exemption Stands In The Way Of A More Competitive League, Jack Ross

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

After the Los Angeles Dodgers’ series win over the Milwaukee Brewers in the National League Championship Series, Dodgers manager, Dave Roberts, remembered that, “[b]efore the season started, they said, ‘The Dodgers are ruining baseball … Let’s get four more wins and really ruin baseball. Let’s go!’” Because of this win, Roberts and the Dodgers made good on their promise by going on to win their second straight World Series. No, the Dodgers did not ruin baseball, but their dominance is representative of the growing disparity in competition between large and small-market teams.

Readers Are Authors, Especially In The Ai Age, Jessica Silbey

Faculty Scholarship

In this essay, Abraham Drassinower updates the argument in his 2015 book What’s Wrong With Copying (Harvard University Press) with an elaboration of the nature of copyright’s public domain: it is a domain of unauthorized yet lawful copying. As in his book, Drassinower explains that the public domain is not properly understood as a problem of balancing between copyright’s public benefits and private rewards. Instead, he understands the public domain as part of authorship and thus inseparable from copyright’s construction.

Trademarks And M&A: Acquiring Brands In Blockbuster Deals, Cardozo Fame Center, Heyman Center On Corporate Governance, Cardozo Intellectual Property Law Society (Ipls), Cardozo Business Law Society

2025–2026 Flyers

Join us for a dynamic conversation on how top attorney safeguard and structure the value of iconic fashion brands in major M&A transactions. The panel will explore trademark due diligence, deal strategy, and how brand identity shapes negotiations in the luxury market.

Fair Use In The Age Of Generative Ai: Navigating Copyright Challenges In Educational Contexts, Wendy Wallberg

Faculty and Staff Publications & Presentations

Generative AI tools are everywhere, but what’s actually allowed when it comes to copyright and teaching? This session breaks down what fair use means in the age of AI, covers current legal cases, and offers practical tools to help educators and institutions use AI responsibly and confidently.

Learning By Doing: The Importance Of Thoughtful And Limited Generative A.I. Use In The Il Legal Writing Classroom, Luke Repici

Faculty Publications

Technological advances that impact lawyers day-to-day work are nothing new. From typewriters, dictaphones, and computers to electronic legal research, email, and e-discovery, new technologies have changed the nuts and bolts of how lawyers practice for decades. Previous technologies may have replaced the pen with the typewriter and supplanted the letter for the email, but the lawyer remained the one doing the work. For more junior lawyers, this meant assigned tasks – reading cases, drafting motions, dictating client updates, summarizing discovery, and creating deposition outlines – could not be outsourced to technology.

The emergence of generative artificial intelligence (“Gen AI”) presents …

Control As A Constitutional Threshold: Moody V. Netchoice And The Case For Human Authorship, Giselle Goad

Northwestern University Law Review

The Supreme Court’s 2024 decision in Moody v. NetChoice, LLC left a critical question unanswered: when do algorithmic outputs on social media platforms, such as recommended posts and videos, constitute the platform’s protected speech under the First Amendment? This Note contends that courts and litigants should borrow from the First Amendment’s speech-promoting partner, copyright law, and its authorship framework when answering that question. Copyright doctrine has already begun to grapple with how much human control is required over expressive outputs generated with the aid of technology, including AI, in order for an author to receive copyright protection over those outputs. …

Torts And Pesticide Drift: Amending Right-To-Farm Acts In The Wake Of Widespread Dicamba Drift By Nicholas Brown** And Matt Roessing*

Journal of Legal Studies in Business

When crops die in a field prior to harvest, a farmer loses a portion of his salary for that year. When the cause of the crop loss is natural, farmers can usually seek compensation through crop insurance and government commodity support programs. When the crops were lost as a result of pesticide drift, these forms of compensation are not usually available to farmers.1 In order to make up for their losses, farmers can seek damages through judicial redress. For many decades, various state and federal laws have combined to complicate and at times prevent farmers adversely affected by pesticide drift …

Cover Page & Table Of Contents - Volume 23

Journal of Legal Studies in Business

JLSB vol. 23 Title Page & Table of Contents

Incorporating Tax Law Into Legal And Regulatory Environment Of Business Courses

Journal of Legal Studies in Business

No abstract provided.

Too Much, Too Little, Or Just Right? Beyond The Perception (Or Reality) Of Law School Rigor In Teaching Undergraduate Copyright Law

Journal of Legal Studies in Business

No abstract provided.

Mapping Intellectual Property Abuses In The Pharmaceutical Field, S. Sean Tu, Ana Santos Rutschman

Faculty Publications

This Viewpoint details intellectual property abuses in the pharmaceutical industry involving patents, trademarks, copyrights, and trade secrets.

Cardozo’S Sports Law Society And Antitrust Society Host House Settlement Lecture And Panel, Bradley Rosen

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

Panelists for the event: Professor Marc Edelman, Bob Boland (Partner, Shumaker LLP), Michael Hsu (Co-founder, College Basketball Players Association), Adam Dale (Partner, Winston & Strawn LLP), Neha Vyas (Associate, Winston & Strawn LLP), Paul McDonald (Managing Partner, PL McDonald Law LLC), and Chris Brolley (Associate, Troutman Pepper Locke LLP).

On Wednesday, November 12, 2025, Cardozo’s Sports Law Society and Antitrust Society hosted a lecture and panel discussion regarding the implications of the House v. NCAA lawsuit and settlement. This included the potential for future antitrust liability as a result of the settlement, Title IX implications, the employment status of college …

Finding Law When There Is None: An Analysis Of Litigation Concerning Non–Fungible Tokens (Nfts), Shelby T. Roberts, O. Hayden Griffin, Iii

University of Miami Business Law Review

The development of new technologies tends to give rise to the same quandary: how can these technologies flourish while also protecting citizens from any collateral consequences? How much latitude and freedom should innovators be given in pursuing these technologies is often debated. Non–fungible tokens (NFTs) are one of several products that utilize blockchain technology. NFTs have been hailed by some as the future of commerce while others have derided NFTs as a scam–ridden fad. With virtually no legislation or regulations specifically designed to govern NFTs, a content analysis of litigation involving NFTs was conducted as an effort to help determine …

Sweat And Subjectivity Copyright Impulses, Danny Friedmann

Fordham Intellectual Property, Media and Entertainment Law Journal

Generative artificial intelligence (gAI) is generating vast vol- umes of content, including visual art with minimal human effort that competes directly with visual artists and threatens to dilute human culture in the process. In response, courts and copyright offices are quietly reintroducing two doctrines long considered incompatible with modern copyright: sweat of the brow, which rewards labor over originality, and aesthetic discrimination, which risks conditioning protection on perceived merit.

This article is the first to demonstrate how legal authorities are reintroducing these discredited doctrines under the guise of regulating AI-assisted outputs, thereby eroding the set of copyright doctrines accepted by …

Where Did All The Genericide Cases Go? And Should They Be Gone For Good?, Daniela Camacho

Fordham Intellectual Property, Media and Entertainment Law Journal

Trademarks are all around us. It would be difficult to go an entire day without encountering a trademark—In fact, three-fourths of the words we use in our day-to-day conversations have been claimed as trademarks by various companies for various products. Often, we don’t even recognize all the marks we come across as trademarks. Words such as “aspirin,” “escalator,” and “trampoline” were all once trademarks. Over time, these words began to signify the product more than the producer; Because the marks could no longer identify the product’s source as trademarks are supposed to, the marks suffered “genericide” and were cancelled.

In …

Is The Game Rigged? Why Sports Betting Is Becoming A Legal Time Bomb, Lawrence Kirzhner

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

The International Olympic Committee defines “competition manipulation” as “when the result of a tournament or competition is partially or completely decided in advance and the match is played to ensure the pre-determined outcome.” Considering the Olympics hosts 43 sports, this definition can probably be applied to many, if not all, sports around the globe. While it is against the rules of sportsmanship as well as against the law, athletes “who bet on their sport might be tempted to fully or partially manipulate their competition in order to receive financial gain.” The sports world has experienced many scandals of manipulated competition …