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Articles 1 - 30 of 100
Full-Text Articles in Law
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
Environmental champions and conservationists will mark the 50th anniversary of the Endangered Species Act later this month. That is the law requiring federal agencies to use all methods necessary to prevent extinctions and ensure that federal actions not jeopardize the continued existence of species on the brink of disappearing from the face of the Earth.
In the leadup to the December 27th anniversary, several publications have begun examining the Act’s history and impact over five decades.
Science, the world’s third-most influential scholarly journal based on Google Scholar citations, invited experts from around the country to look ahead as well …
The Structure Of Secondary Copyright Liability, Felix T. Wu
The Structure Of Secondary Copyright Liability, Felix T. Wu
Faculty Articles
Secondary copyright liability and secondary patent liability largely parallel each other. And yet, secondary copyright cases are often quite different from secondary patent cases. Whereas most secondary patent infringers act in a way that targets a particular patent or group of related patents, secondary copyright infringement mostly arises in the context of technologies or services that work across all copyrighted works. Secondary copyright liability raises issues of platform liability in ways that secondary patent liability usually does not.
The current structure and framing of secondary copyright liability inadequately account for this distinction. The result is that secondary copyright liability tends …
Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School
Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School
Reports and Resources
No abstract provided.
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Articles
In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
A Public Technology Option, Hannah Bloch-Wehba
A Public Technology Option, Hannah Bloch-Wehba
Faculty Scholarship
Private technology increasingly underpins public governance. But the state’s growing reliance on private firms to provide a variety of complex technological products and services for public purposes brings significant costs for transparency: new forms of governance are becoming less visible and less amenable to democratic control. Transparency obligations initially designed for public agencies are a poor fit for private vendors that adhere to a very different set of expectations.
Aligning the use of technology in public governance with democratic values calls for rethinking, and in some cases abandoning, the legal structures and doctrinal commitments that insulate private vendors from meaningful …
Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd
Research On Renewable Energy Project Opposition Selected For Environmental Law And Policy Annual Review Award, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
A publication co-authored by Indiana University Maurer School of Law Dean Christiana Ochoa and 2021 Law School alumna Kacey Cook has been selected to appear in the 17th edition of the Environmental Law and Policy Annual Review.
“Deals in the Heartland: Renewable Energy Projects, Local Resistance, and How Law Can Help” was authored by Ochoa, Cook, and University of Minnesota Law School third-year student Hanna Weil and was published in January 2023 in the Minnesota Law Review.
Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu
Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu
Popular Media
No abstract provided.
The Philosophy Of Ai: Learning From History, Shaping Our Future. Hearing Before The Committee On Homeland Security And Government Affairs, Senate, One Hundred Eighteenth Congress, First Session., Margaret Hu
Congressional Testimony
No abstract provided.
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu
Popular Media
No abstract provided.
Deplatforming, Ganesh Sitaraman
Deplatforming, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
Deplatforming in the technology sector is hotly debated, and at times may even seem unprecedented. In recent years, scholars, commentators, jurists, and lawmakers have focused on the possibility of treating social-media platforms as common carriers or public utilities, implying that the imposition of a duty to serve the public would restrict them from deplatforming individuals and content.
But, in American law, the duty to serve all comers was never absolute. In fact, the question of whether and how to deplatform-—to exclude content, individuals, or businesses from critical services—- has been commonly and regularly debated throughout American history. In the common …
Leveraging Technology To Promote Access To Justice, Amy Emerson
Leveraging Technology To Promote Access To Justice, Amy Emerson
Faculty Publications
No abstract provided.
Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini
Enhancing Efficiency And Accessibility For Federal Trademark Protection: Leveraging Blockchain Technology For Prosecution, Maintenance, And Enforcement Processes., Julia Ashley-Burd Mainini
Featured Student Work
This paper conducts an analysis of the intersection between Blockchain Technology and Intellectual Property Law, with a specific focus on Trademark Law in the United States. It explores the potential utilization of Blockchain Technology to enhance the efficiency and accessibility of prosecution, maintenance, and enforcement processes for attorneys, applicants, and registrants. Additionally, the paper examines areas within the Lanham Act that could benefit from updates to promote the adoption of Blockchain Technology in trademark-related procedures.
Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff
Cbdc+: Why Cbdc Proposals Need To Become More Comprehensive To Succeed, Muharem Kianieff
Law Publications
The innovation that is associated with developing a digital currency has provided for a unique opportunity to reconsider how consumers can access payment mechanisms and conduct retail banking following the emergence of new fintech technologies. As such, this is a prescient time for policy makers to reconsider financial reform efforts to leverage new technological developments as a means of making the payments system more efficient.
This paper considers some of the challenges facing Central Banks as they attempt to navigate these pressing challenges. In particular, the paper will assess the relative prospects for success for some of the more popular …
Opinion: How Software Stifles Competition And Innovation, James Bessen
Opinion: How Software Stifles Competition And Innovation, James Bessen
Faculty Scholarship
Innovation is not what it used to be, and software is part of the reason. In many industries—industries well beyond Big Tech—dominant firms have built large software-based platforms delivering important consumer benefits, but these platforms also slow the rise of innovative rivals, including productive startups.5 Because access to these platforms is limited, competition has been constrained, creating a troubling market dynamic that slows economic growth.
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Wrong Search At The Wrong Time: Keyword Search Warrants And The Fourth Amendment, Nicole Chan
Student Articles
This Note will advocate for the view that when presented with the issue, state and federal courts should establish that keyword search warrants are unconstitutional because they violate the Fourth Amendment. Keyword search warrants cannot meet the Fourth Amendment’s requirements of probable cause and particularity because the subjects of the search cannot be identified until after the search is completed. These warrants are unnecessary and have the potential of implicating millions of internet users who have no connection to a crime. This Note will contend that individuals have a reasonable expectation of privacy in their search history data, and that …
Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li
Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li
All Papers
The advent of large language models (LLMs) and their adoption by the legal community has given rise to the question: what types of legal reasoning can LLMs perform? To enable greater study of this question, we present LegalBench: a collaboratively constructed legal reasoning benchmark consisting of 162 tasks covering six different types of legal reasoning. LegalBench was built through an interdisciplinary process, in which we collected tasks designed and hand-crafted by legal professionals. Because these subject matter experts took a leading role in construction, tasks either measure legal reasoning capabilities that are practically useful, or measure reasoning skills that lawyers …
Two Visions Of Digital Sovereignty, Sujit Raman
Two Visions Of Digital Sovereignty, Sujit Raman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Automated Vehicles, Moral Hazards & The "Av Problem", William H. Widen
Automated Vehicles, Moral Hazards & The "Av Problem", William H. Widen
Articles
No abstract provided.
A Trusted Framework For Cross-Border Data Flows, Alex Joel
A Trusted Framework For Cross-Border Data Flows, Alex Joel
Joint PIJIP/TLS Research Paper Series
The German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel …
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Cyber Plungers: Colonial Pipeline And The Case For An Omnibus Cybersecurity Legislation, Asaf Lubin
Articles by Maurer Faculty
The May 2021 ransomware attack on Colonial Pipeline was a wake-up call for a federal administration slow to realize the dangers that cybersecurity threats pose to our critical national infrastructure. The attack forced hundreds of thousands of Americans along the east coast to stand in endless lines for gas, spiking both prices and public fears. These stressors on our economy and supply chains triggered emergency proclamations in four states, including Georgia. That a single cyberattack could lead to a national emergency of this magnitude was seen by many as proof of even more crippling threats to come. Executive Director of …
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …
The Quincecare Duty In Flux: The Implications For Banks And Digital Asset Platforms, Jason. Teo, Aaron Yoong
The Quincecare Duty In Flux: The Implications For Banks And Digital Asset Platforms, Jason. Teo, Aaron Yoong
Research Collection Yong Pung How School Of Law
With the increased sophistication of online payment methods, it is unsurprising that incidents of fraud have become commonplace, with fraudsters often employing innovative means against unsuspecting victims. Users, regulators and industry players in the banking sector are, in many aspects, struggling to keep pace with the continually evolving legal landscape of the fraud space. Similar challenges also begin to arise in the digital asset space for the various platforms engaged (whether for trading or staking). In recent years, a significant question has resurfaced concerning the liability of entities such as banks and digital asset platforms for the losses suffered by …
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Aclp - State Broadband Profile - Tennessee (July 2023), New York Law School
Reports and Resources
No abstract provided.
Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim
Tax Reporting As Regulation Of Digital Financial Markets, Young Ran (Christine) Kim
Faculty Articles
FTX’s recent collapse highlights the overall instability that blockchain assets and digital financial markets face. While the use of blockchain technology and crypto assets is widely prevalent, the associated market is still largely unregulated, and the future of digital asset regulation is also unclear. The lack of clarity and regulation has led to public distrust and has called for more dedicated regulation of digital assets. Among those regulatory efforts, tax policy plays an important role. This Essay introduces comprehensive regulatory frameworks for blockchain-based assets that have been introduced globally and domestically, and it shows that tax reporting is the key …
Introduction: The Arc Of Race In Professional And Collegiate Sports Symposium, Kenneth D. Ferguson
Introduction: The Arc Of Race In Professional And Collegiate Sports Symposium, Kenneth D. Ferguson
Faculty Works
This introduction will highlight the five articles featured in the symposium issue of the UMKC Law Review and will also situate those articles in the Sports Law Symposium titled, The Arc of Race in Professional and Collegiate Sports. The goal of the two-day virtual symposium was to bring together leading legal, social science, and medical science scholars to engage in discourse concerning how race and gender have affected and continue to influence decision making in professional and collegiate sports. The symposium exposed how race, culture, ethnicity, and gender affect a wide range of phenomena in scientific fields such as neuropsychological …
Toward A Canadian Right To Repair: Opportunities And Challenges, Anthony D. Rosborough
Toward A Canadian Right To Repair: Opportunities And Challenges, Anthony D. Rosborough
Articles, Book Chapters, & Popular Press
This Article draws a picture of the past, present, and future of the right to repair in Canada. It looks to early successes toward automotive right to repair, challenges faced in proposing consumer protection reforms in Ontario and Quebec, and the utility of a proposed copyright “Technological Protection Measure (TPM) exception” allowing circumvention for repair purposes. In light of right to repair priorities identified by Canada’s current federal government, the Article identifies a selection of reforms that could achieve these goals. Such reforms include creating regulations under the Copyright Act governing the use and implementation of TPMs, passing an exception …
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Aclp - Further Updated Estimates Of State Bead Allocations - As Of June 16, 2023, New York Law School
Reports and Resources
No abstract provided.
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Considering A Right To Repair Software, Robert W. Gomulkiewicz
Considering A Right To Repair Software, Robert W. Gomulkiewicz
Articles
The right to repair movement aims to extend the usability of products by allowing a consumer (or a repair professional acting on the consumer’s behalf) to fix broken products. Implicitly, the movement’s focus has been on hardware—on the right to repair cars, tractors, and phones. But as more and more of the functionality of goods comes from software, it is important to consider whether we need a right to repair software. There are practical challenges to software repair. For example, fixing software is more difficult and treacherous than fixing hardware. Complicating matters further, more and more software is embedded in …