Law Commons^™

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

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

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

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

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.

Taking It Down Or Not Far Enough? Evaluating The Take It Down Act And The Future Of Online Privacy, Camryn Kesselring

Missouri Law Review

Imagine you wake up one morning to notifications from your ex-partner, threatening to post private images of you online. Panicked, you Google your name and are inundated with explicit images of yourself posted to various websites dedicated to “revenge porn.” You reach out to these websites, desperate for removal, but you are met with only automatically generated replies and no assistance from these platforms. At work, you feel the heavy weight of colleagues’ stares. Eventually, calls from clients start to come in, confirming your fears that many are sharing and viewing these images. At the click of a button, your …

Mythbusting The Moment Of Threat: Barnes V. Felix In The Context Of Unreasonable Police Seizures, Coleson Manade

Missouri Law Review

A traffic stop for unpaid toll violations should not end in death. Yet on April 28, 2016, Officer Roberto Felix shot and killed Ashtian Barnes during a routine traffic stop for a non-arrestable offense. The legal battle that followed exposed a fundamental tension in Fourth Amendment jurisprudence: how should courts balance officers’ safety concerns with citizens’ rights when analyzing excessive force claims?

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

Shrinking Sovereignty: By Land, Sea, And…Air?, Cynthia R. Harris

Pace Environmental Law Review

Atlantis was a mythical State destroyed by the gods as an object lesson to humanity. The complete destruction of a State, as a political entity, does have precedent in historical reality. The complete and permanent loss of a State’s physical territory, however, is a problem humanity has never faced—until now. Today, climate change-driven sea level rise is bringing the future sovereign status of Small Island Developing States (SIDS) in question. A growing body of legal scholarship argues for maintaining these States’ maritime jurisdictions but has not yet extended the question skyward to SIDS’ jurisdiction over airspace.

This Article addresses that …

Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson

Pace Environmental Law Review

Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …

Non-Reformist Reforms In Environmentalism: Legal Theory And Praxis, Nicholas F. Stump

Pace Environmental Law Review

This Article explores how non-reformist reforms—as opposed to traditional environmental law—are required for ecologically transformative futures. Traditional environmental law is a critically flawed regime due to its embeddedness in our current ecological political economy, which functionally requires perpetual accumulation and growth. However, this accumulation- and growth-based paradigm is incompatible with the material realities of our planetary boundaries. This paradigm has thus engendered our current era of profound ecological crisis (i.e., as associated with notions of the Anthropocene).

Non-reformist reforms are an alternative framework that can help drive transformations of our ecological political economy vis-à-vis building and operationalizing people power from …

2026 Commencement Exercises, Benjamin N. Cardozo School Of Law

Commencement Programs

Order of Exercises

Processional:

Felix Wu, JD, PhD, Vice Dean, Professor of Law, Herald

Presiding: 

Selma Botman, PhD, Provost and Vice President for  Academic Affairs, Yeshiva University, Chief Marshal

Rabbi Dr. Ari Berman, President, Yeshiva University

National Anthem: 

Cantor Ira W. Heller, JD, Benjamin N. Cardozo School of Law, Class of 2008

Remarks: 

Melanie Leslie, JD, Dean, Benjamin N. Cardozo School of Law, Class of 1991

Commencement Address: 

Hon. Rowan D. Wilson, Chief Judge of the State of New York and the New York Court of Appeals

Student Remarks: 

Quentin Decurnes, LL.M. Class Speaker, Class of 2026

Basya Bates, …

Critical Geopolitics And The Reconstruction Of Meaning: A Discourse Analysis Of The 'Terrorism' Label Applied To Hamas By Western Hegemony, Cahaya Mulyani Sakti, M.Hamdan Basyar

Journal of Terrorism Studies

The emergence of Hamas in 1987 cannot be separated from the configuration of modern colonialism and the continuity of occupation that shaped the political reality. Hamas’s early phase was rooted in socio-religious activities through education and community empowerment programs, before evolving into armed resistance against the occupation. The labeling of Hamas as a “terrorist” organization began in the mid-1990s in U.S. legal documents, which subsequently generated debate and gave rise to counter-narratives. This study employs the frameworks of critical geopolitics (Ó Tuathail & Agnew) and the Discourse-Historical Approach (Wodak) to analyze the labeling of Hamas as “terrorist” by Western hegemony. …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Antitrust Law And Healthcare Consolidation: Case Analyses Of U.S. Hospital And Insurance Mergers, Francesca Meek

Honors Projects

Rising healthcare costs in the United States have intensified concerns about hospital consolidation and its effects on market competition. This paper examines the application of antitrust law to horizontal mergers involving hospitals and health insurers, focusing on how courts evaluate proposed mergers under Section 7 of the Clayton Act. Using a qualitative case study approach, the study analyzes eight major federal antitrust cases from the past two decades to determine how courts assess market concentration, competitive effects, and merger defenses.

The findings show that the Federal Trade Commission (FTC) and Department of Justice (DOJ) were successful in six of the …

Artificial Intelligence In Healthcare: Ethical Frameworks, Challenges, And Global Approaches To Responsible Implementation: A Perspective, Vikas Vaibhav, Arwinder Singh, Yashpal S, Raviprakash Meshram, Varun Chandran A, Kshitiza Sharma

Graduate Medical Education Research Journal

Major advancements in domains like diagnosis and personalised treatment will be seen because of the rapid growth of artificial intelligence (AI) in healthcare. But this shift additionally presents significant ethical concerns that need to be carefully considered at every stage of AI's research, use, and impact on society in medical settings.

This review summarises the findings of multiple systematic and scoping reviews, as well as studies of specific AI applications published between 2013 and 2025. Additionally, it examines ethical norms from different countries and international organisations objectively. Consistent ethical challenges identified include the "black box" problem (lack of transparency and …

National Report Of United States (2025), Christine Speidel

Research Reports & White Papers

The Observatory on the Protection of Taxpayers’ Rights (OPTR) identifies principles, minimum standards and best practices for the effective protection of taxpayers’ rights. It allows for the permanent monitoring of global compliance with such minimum standards and their amendment and development in different regions of the world.

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Chopped And Screwed: How The Soundexchange V. Sirius Xm Decision Remixes Section 114 Of The Copyright Act, Cat Wood

Journal of Intellectual Property Law

In SoundExchange, Inc. v. Sirius XM Radio Inc. (S.D.N.Y. 2025), the court held that SoundExchange—the congressionally designated nonprofit that collects and distributes statutory digital performance royalties under 17 U.S.C. § 114—lacks authority to bring suit to recover alleged underpayments. That ruling creates an enforcement paradox at the center of the section 114 statutory-license ecosystem: SoundExchange is the entity built to receive royalty reports, audit compliance, and distribute payments at scale, yet it cannot directly compel payment through litigation when the system fails. This Note argues that the decision misreads statutory structure by treating SoundExchange as a mere administrative clearinghouse rather …

Truth That Lies: How Literal Falsity Lost The Consumer And How To Restore It, Porter Alexander Tynes, Iii

Journal of Intellectual Property Law

The more deceptive the claim, the safer it becomes. Recent false advertising decisions hold that a categorical marketing promise is not literally false so long as it works for someone—even if it fails for ordinary consumers in ordinary use. Under this logic, technical accuracy immunizes practical deception, and truth is measured by theoretical possibility rather than communicative meaning.

This Note argues that this “truth for some” doctrine represents a sharp break from the Lanham Act’s consumer-protection purpose. Decisions such as BPI Sports v. ThermoLife invert the doctrine of literal falsity, transforming it from the Act’s strongest safeguard into a liability …

Using The Uniform For Views: How The Department Of Defense Can Better Protect Its Brand And Image, Maddox Rose

Journal of Intellectual Property Law

Today, the vast majority of American military servicemembers have active personal social media accounts. By creating and posting content online—particularly when in uniform—they run the risk of reflecting poorly on the image of the Department of Defense and their respective branches. Yet, the statutory and regulatory restrictions on content creation are loose and ambiguous. To combat this problem, either the Department and its branches should clarify their regulations, or Congress should amend its statutory protections. There is scholarly disagreement as to whether an entity’s right of publicity is violated when social media content is created that reflects poorly upon that …

Skin In The Game: The Case For Statutorily Excluding Tattoos From Copyright Protection, Emily Gamble

Journal of Intellectual Property Law

The growth of social media, AI-generated imagery, and name, image, and likeness (NIL) licensing has exponentially increased the reproduction of tattoos, yet their status under the Copyright Act remains unsettled. While tattoos arguably satisfy the threshold requirements of Title 17, their fixation on human skin challenges the definition of a "material object" and raises unique conflicts regarding bodily autonomy and publicity rights. Currently, courts address these disputes largely through equitable doctrines like implied license and fair use to avoid public policy failures, resulting in an unpredictable and incoherent legal framework.

This Note argues that judicial improvisation is insufficient to resolve …

Posts, Not Personae: Why Influencer Personae Fall Outside The Doctrine Of Character Copyright, Abbey Brantley

Journal of Intellectual Property Law

Over the past decade, social media has enabled an increasing number of people to pursue influencing as a full-time career on platforms such as TikTok, Instagram, and YouTube. To succeed commercially, these creators make repeated stylistic choices that both conform to online trends and project a carefully curated persona. As these personae become profitable, however, they also become susceptible to imitation. This dynamic raises the question whether copyright law, specifically the doctrine of character copyright, can protect influencers from unauthorized copying of their online identities. This Note argues that influencer personae do not and should not qualify for such protection, …

Patents And Technology Evolution: Altering Innovations And Innovators Via Patent Influences, Richard Gruner

Journal of Intellectual Property Law

Technologies improve primarily through evolutionary change not rational optimization. New technologies emerge as attempts to solve practical problems, the technologies are tested in marketplaces to determine if they are superior in cost and function to alternatives, and those that fare well in the testing gain widespread adoption.  Widely adopted technologies, and their problems, form the basis for the next round of technology improvements and evolution.  Through these steps, evolutionary processes lacking rational direction can generate changing technologies matched to the desires and problems of present society.

As they operate to advance diverse technologies, evolutionary processes governing technology change are subject …

The Expanding Patent Document: Fewer Claims, More Words, And The Drivers Of Growth, Dennis D. Crouch

Journal of Intellectual Property Law

Patent specifications have nearly quadrupled in length over the past four decades, rising from approximately 3,500 words in the early 1980s to over 13,000 words by 2025. At the same time, the average number of claims per patent has declined since peaking in 2005. Using the population of 7.6 million published patent applications from 2005 through early 2025, this Article advances a supply-side explanation for the persistent growth in specification length. The divergence between expanding specifications and contracting claims reflects a structural asymmetry in the USPTO fee schedule: excess claim fees impose a per-unit cost that visibly constrains claim counts …

Using The Inform Consumers Act To Combat China’S Online Counterfeiters, Daniel C.K. Chow

Journal of Intellectual Property Law

Everyday millions of counterfeit goods are shipped from suppliers on Alibaba’s website based in China to retailers on Amazon, Walmart, and other e-commerce platforms and sold to U.S. consumers. The significance of this massive pipeline seems to have eluded brand owners and U.S. government authorities. Most brand owners have concentrated their efforts on suppressing counterfeits on U.S. e-commerce markets after the counterfeits have already appeared on their sites. These efforts have proven to be ineffective as once millions of counterfeits are commingled with genuine products on the internet their suppression becomes an impossible task. The key to successful interdiction of …

Table Of Contents, Jared Brown

Journal of Intellectual Property Law

No abstract provided.

The Prestige Economy Of Legal Scholarship, Jeffrey A. Katz, Jacob Sandler

Florida Law Review

Law reviews sit at the center of American legal scholarship, but their role is widely misunderstood. They are not peer-reviewed, yet the academy treats their placement decisions as markers of scholarly merit. This Essay argues that law reviews function as participants in a prestige economy—one in which reputation, familiarity, and institutional brand often matter more than substantive judgment. Tracing the student-edited model from its pedagogical origins to its modern professional consequences, this Essay shows how prestige became currency, how that currency shapes editorial and authorial behavior, and why the system strains under political and methodological pressure. It concludes by urging …

How A Theory Can Make A Difference, Marc O. Degirolami

Florida Law Review

I want to offer three brief reflections on Professor Girgis’s Lecture. First, he is convincing about the difference originalism no longer makes: it no longer constrains constitutional judges from introducing their moral or political views into constitutional cases wholesale in a way that distinguishes it categorically from moral-political reasoning in common law judging. Indeed, originalism is sometimes self-conscious about disclaiming any interest in doing just this. The originalism of original authority might also constrain judges by requiring adherence to whatever the legal propositions of the original authority are, but its object is not first-order methodological constraint—that is, constraint as to …

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.