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Articles 2191 - 2220 of 8163
Full-Text Articles in Law
Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland
Beyond Contract Law: Expanding Legal Education In Construction Management, Grace M. Hetland
Construction Management
The California Polytechnic State University Construction Management (CM) program is designed to prepare students for the managerial responsibilities of the construction industry. However, construction projects involve a broad range of legal considerations that extend beyond traditional contract administration. While the CM curriculum currently includes a course focused on construction contract law, there is limited exposure to other legal disciplines that frequently affect construction professionals throughout the project lifecycle. This research explores the potential value of expanding construction law education in the CM curriculum by implementing an additional topics course as an elective for students. To determine which legal subjects would …
Communicative Administration: The Administrative State Beyond Legal Administration, Daniel E. Walters
Communicative Administration: The Administrative State Beyond Legal Administration, Daniel E. Walters
Faculty Scholarship
On many dimensions, the administrative state is at the nadir of its power. The Supreme Court has tightened administrative law controls on agency power, and the Trump Administration has stormed the bureaucracy in an unprecedented blitz designed to kneecap agency capacity and independence. For better or worse, many agencies and their civil servants are being sidelined as meaningful actors in the administration of government. Yet this familiar account doesn’t tell the entire story. At the same time that agencies are being stripped of the power to implement law—what this Article calls “legal administration”— they are steadily accumulating extensive and largely …
Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan
Ai In Healthcare: Regulatory Guidelines And Judge-Made Negligence Principles For Ai Implementers, Gary K. Y. Chan
Research Collection Yong Pung How School Of Law
The use of artificial intelligence (AI) in healthcare may, notwithstanding its potential benefits, result in harm to patients from allegedly negligent acts or omissions by hospitals and medical doctors. In such circumstances, how should the principles in the tort of negligence (duty of care, breach, causation, remoteness of damage, and defences) respond to AI innovations in healthcare? In particular, how may the standard of care expected of hospitals and medical doctors be informed by regulatory guidelines? We refer to case law precedents and regulatory guidelines on the roles and responsibilities of doctors and hospitals as AI implementers. Importantly, they prompt …
Social Exclusion Cues And Collective Action Motivation In Environmental Campaigns: The Buffering Role Of Social Support, Hwan-Ho Noh, Warren B. Chik
Social Exclusion Cues And Collective Action Motivation In Environmental Campaigns: The Buffering Role Of Social Support, Hwan-Ho Noh, Warren B. Chik
Research Collection Yong Pung How School Of Law
This study examines the influence of social exclusion cues on public engagement with environmental campaigns on social media, focusing on how such cues affect advertising attitudes and collective action motivation. Across two experimental studies, we investigated whether low engagement metrics, such as a small number of likes, function as symbolic exclusion cues that reduce perceived public support. The results indicate that social exclusion cues negatively affect advertising attitudes and collective action motivation, ultimately decreasing the intention to engage with the campaign. However, the presence of social support cues, which signal sustained public interest and social endorsement, effectively mitigated these negative …
Disclosure Duties And Responsibilities, Gregory Klass
Disclosure Duties And Responsibilities, Gregory Klass
Georgetown Law Faculty Publications and Other Works
Contract disclosure rules differ in structure, function, and design. Though scholars often treat all these rules under the rubric of duty, in fact they fall into two broad categories. Disclosure duties treat the failure to disclose as a legal wrong; disclosure responsibilities attach positive legal consequences to disclosure but do not treat nondisclosure as a legal wrong. Disclosure duties can be further divided. Specified disclosure duties, which typically apply to consumer and other mass-market transactions, provide detailed guidance regarding both what information to disclose and how to disclose it. Generic disclosure duties, such as the tort of nondisclosure, provide broad …
Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges
Artificial Personhood: The Implications Of Recognizing The Legal Personhood Of Artificialintelligence, Daniel C. Borges
Vanderbilt Journal of Entertainment & Technology Law
Artificial intelligence (AI) is here in a big way. As society grapples with the implications of this profound new technology, the question of whether AI entities should be granted independent legal recognition, akin to human personhood, has emerged as a pivotal topic in jurisprudence. This Article explores the foundations, evolution, and implications of AI personhood, addressing philosophical perspectives, the development of personhood as a legal fiction (with specific emphasis on corporate personhood), and the need for AI personhood to counter the risks posed by rapidly developing AI technology. It defines the "AI person" as one whose legal recognition furthers a …
Here, There, And Absent From The Film: Carving Out A Protection For Trailers In California’S Anti-Slapp Statute, Zach Cogan
Vanderbilt Journal of Entertainment & Technology Law
California’s anti-SLAPP statute is designed to encourage free speech and to prevent litigation that chills participation in public discourse, including the creation and promotion of media. It is a standard industry practice for filmmakers to use trailers to promote their films before the final cut and to gauge the success of certain cinematic elements—such as characters, plot points, and overall tone—so the necessary adjustments can be made before the film is released to audiences. Subjecting studios and filmmakers to litigation for adjusting these relatively minor elements that were present in the trailers will chill this beneficial and standard industry practice. …
Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt
Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt
Vanderbilt Journal of Entertainment & Technology Law
Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …
When Robots Read Westlaw: Linking Inputs And Outputs In Generative Ai Fair Use Analysis, Aaron Lam
When Robots Read Westlaw: Linking Inputs And Outputs In Generative Ai Fair Use Analysis, Aaron Lam
Vanderbilt Journal of Entertainment & Technology Law
Generative artificial intelligence has revealed a novel tension in copyright law: a two-stage act (input and output) of copying that traditional fair-use doctrine never squarely anticipated. In the input stage, vast swaths of copyrighted expression are reproduced and ingested to train large language models. In the output stage, those models generate works that may substitute for or dilute the market of the originals. Courts now face both stages. Their rulings diverge when they consider training and outputs together. In Bartz v. Anthropic PBC and Kadrey v. Meta Platforms, Inc., the courts characterized training uses as “highly transformative,” yet reached opposite …
When The Purse Strings Paint The Picture: Executive Overreach And Censorship In Federal Arts Funding, Megan Brown
When The Purse Strings Paint The Picture: Executive Overreach And Censorship In Federal Arts Funding, Megan Brown
Vanderbilt Journal of Entertainment & Technology Law
For decades, the National Endowment for the Arts (NEA) has been tasked with distributing federal funds to museums, galleries, and artists to promote visual artwork for its meritorious qualities and cultural impact. However, the NEA’s role as both a patron and regulator of visual artwork has placed it at the center of a balancing act—funding creative expression that often displays controversial themes, while facing political pressure to define what is a worthy investment of taxpayer dollars. This conversation continues in light of recent executive orders: “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” and “Ending Radical and Wasteful Government DEI Programs …
Open Secrets, Robin Feldman Distinguished Professor Of Law, Vaughn Goehrig -- Center For Innovation
Open Secrets, Robin Feldman Distinguished Professor Of Law, Vaughn Goehrig -- Center For Innovation
Vanderbilt Journal of Entertainment & Technology Law
Patents and trade secrets were never intended to meet, but in the world of biologic drugs, they’ve become as thick as thieves. Patent law’s disclosure requirement has demanded far too little of biologics manufacturers—allowing them to keep vital manufacturing details under trade secret lock and key. This intellectual property patchwork has been devastating for drug affordability: Because the most critical manufacturing information remains hidden, makers of follow-on biologics (called biosimilars) are often stuck reinventing the wheel, even after the original patents have expired. This Article makes two principal contributions to illuminating this problem. First, it presents, for the first time …
Limiting Inconsistencies In Legal Languages, Sarah B. Lawsky - Professor Of Law
Limiting Inconsistencies In Legal Languages, Sarah B. Lawsky - Professor Of Law
Vanderbilt Journal of Entertainment & Technology Law
Inconsistencies play different roles in law and in logic, respectively, and programming languages designed to code law should therefore, when possible, be designed to prevent the encoding of inconsistencies. While inconsistencies in standard logic “explode” the argument, allowing anything at all to be proven, apparent inconsistencies in law simply indicate that further guidance is needed. Programming languages should be limited not because such inconsistencies do not exist in the statute, but rather exactly because they do. Inconsistencies in the law should, as they are now, be addressed by Congress, the courts, and administrative agencies, and any computer code implementing the …
Policing Sex Trafficking: 'They’Re Never Taught, You Know', Anila S. Duro
Policing Sex Trafficking: 'They’Re Never Taught, You Know', Anila S. Duro
Dissertations, Theses, and Capstone Projects
Research shows that victims of sex trafficking are most likely to first come in contact with the police (Baldwin et al, 2011; Twigg, 2017) and at times police have not been able to categorize cases of prostitution as trafficking even when trafficking elements were very clear (Dank et al, 2017; Dempsey, 2017; Farrell & Cronin, 2015). Despite the legal definition of trafficking, the terms prostitution, sex work, and sex trafficking are sometimes used interchangeably by law enforcement, whereas at other times, these words refer to different sets of circumstances and have different criminalization outcomes. Research in this area is limited …
Update: Colorado River Basin Storage Continues Slide Toward System Crash, Anne Castle, Jack Schmidt, Eric Kuhn, Kathryn Sorensen, Katherine Tara
Update: Colorado River Basin Storage Continues Slide Toward System Crash, Anne Castle, Jack Schmidt, Eric Kuhn, Kathryn Sorensen, Katherine Tara
The Traveling Wilburys of the Colorado River
If the Colorado River Basin (Basin) experiences another dry year, similar to Water Year 2025, it is likely that reasonably accessible storage in Lake Powell and Lake Mead would be mostly depleted, even if consumptive uses and losses are at or near historic lows. Run-of-the-river operations would shortly ensue. This would be an outcome with devastating consequences. In contrast, if next year is very wet, similar to Water Year 2023, the Basin’s largest federal reservoirs would recover somewhat, but would provide only about two years of cushion before we find ourselves again in the same position we are in today, …
The School To Prison Pipeline From The Inside Out: Survivor Narraitves, Nina M. Koufalias
The School To Prison Pipeline From The Inside Out: Survivor Narraitves, Nina M. Koufalias
Dissertations
This dissertation examines the lived experiences of two Latino men who traversed the school-to-prison pipeline in the 1980s. The purpose of this study is to investigate how intersecting systems of racism, ableism, poverty, and exclusionary school practices shaped their educational trajectories and contributed to their incarceration. Three overarching research questions guide this inquiry: (1) What can be learned from the stories of two formerly incarcerated relatives that sheds light on how the school-to-prison pipeline is lived? (2) How do their narratives illustrate the impacts of exclusionary discipline policies, such as zero-tolerance, on educational opportunities and life outcomes? (3) How does …
Foreword: The Defend Trade Secrets Act At Ten, Ryan Vacca
Foreword: The Defend Trade Secrets Act At Ten, Ryan Vacca
Missouri Law Review
Ten years is a useful moment in the life of a statute. It is long enough for a law to have a real record. Long enough for legislative and stakeholder hopes to be tested, for criticisms to sharpen, for doctrine to develop, and for consequences—both intended and unintended—to come into view. And this is why the Missouri Law Review’s symposium issue, focusing on the tenth anniversary of the Defend Trade Secrets Act (“DTSA”), is so important.
Federalization Of Trade Secret Protection: Reflections On The 10th Anniversary Of The Defend Trade Secrets Act, Peter S. Menell
Federalization Of Trade Secret Protection: Reflections On The 10th Anniversary Of The Defend Trade Secrets Act, Peter S. Menell
Missouri Law Review
After more than half a century of stalled proposals, Congress enacted the Defend Trade Secrets Act (“DTSA”) in 2016, establishing a federal civil cause of action for trade secret misappropriation. The long delay is surprising, as trade secrets are the most pervasive form of intellectual property in the United States economy. Nearly every enterprise—commercial, nonprofit, and governmental—depends upon confidential business, technical, and strategic information. Employers routinely require nondisclosure agreements, mandate return of confidential materials upon departure, and implement security measures designed to preserve secrecy. Yet, unlike patent, copyright, and trademark law, trade secret protection historically remained largely a creature of …
Pleading Secrets, J. Jonas Anderson
Pleading Secrets, J. Jonas Anderson
Missouri Law Review
Courts have traditionally not required plaintiffs to describe trade secrets in any detail in a trade secret misappropriation action. However, the Supreme Court’s 2009 decision in Iqbal v. Twombly, which introduced the concept of “plausibility pleading,” has begun, haltingly, to change that. Some courts, but not all, now require a plaintiff to identify the alleged misappropriated secret. This Essay argues that Iqbal did, in fact, change the law in this area and that trade secret misappropriation actions now require that the secret’s identity be included in the pleading. Some courts are starting to agree, although unevenly so. This Essay tracks …
The Vanishing Economics Of Trade Secret Value, Gregory M. Dickinson
The Vanishing Economics Of Trade Secret Value, Gregory M. Dickinson
Missouri Law Review
Trade secret law is built around a simple economic fact. Information can yield supracompetitive returns only when prospective competitors are prevented from using it, such as when it is kept secret from them. A successful trade secret plaintiff must therefore show that the alleged trade secret derives “independent economic value” from not being generally known to others. Yet modern doctrine sometimes treats this value requirement as something else—an inquiry into whether information is “valuable” in the abstract and whether it is independently useful versus dependent on some other information. Part of the reason is simply that proof of trade secret …
Trade Secret Law’S Readily-Ascertainable Bar: Then And Now, Camilla A. Hrdy
Trade Secret Law’S Readily-Ascertainable Bar: Then And Now, Camilla A. Hrdy
Missouri Law Review
Information that is “readily ascertainable by proper means” cannot qualify as a trade secret. This requirement—what this Article calls the “readily-ascertainable bar”—is codified in the Uniform Trade Secrets Act (“UTSA”) and the federal Defend Trade Secrets Act (“DTSA”). Yet it is poorly understood and frequently misapplied. Drawing on historical case law and archival drafting materials from the UTSA, this Article shows that this bar was adopted to overrule a line of common law cases in which the courts had protected information revealed in publicly marketed products or expired patents. The UTSA’s drafters rejected this approach, instead seeking to deny trade …
Property, Contract, Federalism: How The Dtsa Could Invigorate Reverse Engineering, Shubha Ghosh
Property, Contract, Federalism: How The Dtsa Could Invigorate Reverse Engineering, Shubha Ghosh
Missouri Law Review
Does the Defend Trade Secrets Act (“DTSA”) change anything? One would hope so, but the actual answer will depend on how advocates and judges apply the 2016 Congressional legislation. This Article examines the DTSA’s application to licensing restrictions on reverse engineering, shedding some light on the question: does the DTSA change anything? This Article’s conclusion is that the answer rests on careful attention to the policies supporting reverse engineering within intellectual property and the language of the statute.
Whistleblowers And Trade Secrecy’S Long Shadow, Deepa Varadarajan
Whistleblowers And Trade Secrecy’S Long Shadow, Deepa Varadarajan
Missouri Law Review
Employee whistleblowers expose harmful and unlawful corporate practices, often at great personal cost. Recent examples—including those at Meta, Boeing, OpenAI, Twitter, and Theranos—highlight whistleblowers’ significant societal role. But these examples also showcase the myriad legal uncertainties and obstacles employees face when collecting and disclosing evidence of potentially illegal behavior by their employers.
Not So Freakish After All: Foreseeability And The Limits Of Statutory Compliance, Logan A. Blaylock
Not So Freakish After All: Foreseeability And The Limits Of Statutory Compliance, Logan A. Blaylock
Missouri Law Review
When substitute school bus driver Tomika Richardson began her route one October afternoon, the only map she had was a scribbled list of intersections—a rough substitute for the detailed, software-generated route plan with turn-by-turn directions that First Student, Inc. (“First Student”) normally provided to its drivers. The handwritten sheet, reproduced below, was the sole document Richardson received to guide her through a complex urban bus run:
Does Horizontal Shareholding Violate The Federal Antitrust Laws? Outcomes And Considerations In Light Of Texas V. Blackrock, Inc., Thomas A. Briner
Does Horizontal Shareholding Violate The Federal Antitrust Laws? Outcomes And Considerations In Light Of Texas V. Blackrock, Inc., Thomas A. Briner
Missouri Law Review
To date, the issue of horizontal shareholding has been a purely academic topic. This is no longer the case. Horizontal shareholding—also known as “common ownership”—occurs when an investor acquires shares of two competing companies. For example, take the airline industry. In the United States, there are four main airlines, all of which are publicly traded. Suppose an investor acquires shares of both Delta Air Lines, Inc. and Southwest Airlines Co. Because this investor owns shares of these two competing airlines, this investor is a horizontal shareholder. This practice is not uncommon.
The Disability Discrimination Dilemma: Resolving The Circuit Split Regarding Culpability Standards In Education, Brooklyn N. Cross
The Disability Discrimination Dilemma: Resolving The Circuit Split Regarding Culpability Standards In Education, Brooklyn N. Cross
Missouri Law Review
“Our anger was a fury sparked by profound injustices. Wrongs that deserved ire. And with that rage we ripped a hole in the status quo.” In 1949, eighteen-month-old Judith Heumann contracted polio, losing her ability to walk. Heumann’s parents, German Jewish immigrants to New York, were unaware of the consequences using a wheelchair would have on their daughter’s ability to participate in certain activities. When it became time for Heumann to begin kindergarten, the principal refused to allow the family into the school, stating that Heumann was a “fire hazard.” But Heumann’s mother was tenacious, and the principal eventually admitted …
Fair Use On Trial: Reassessing Market Harm In Ai Training, Emily E. Karr
Fair Use On Trial: Reassessing Market Harm In Ai Training, Emily E. Karr
Missouri Law Review
Technological innovation has consistently reshaped society, revolutionizing how we live, work, and create. Consider the digitization of books and newspapers: it greatly increased accessibility and efficiency but also led to a decline in the printing industry.1 Similarly, VCRs allowed viewers to watch television at any time yet simultaneously threatened the market for reruns, potentially leading to lower TV ratings and revenue.2 These examples illustrate a recurring tension: new technologies bring societal benefits while potentially disrupting established industries.