Law Commons^™

Fluid Agency In Ai Systems: A Case For Functional Equivalence In Copyright, Patent, And Tort, Anirban Mukherjee, Hannah H. Chang

Washington Journal of Law, Technology & Arts

Modern artificial intelligence (AI) systems lack human-like consciousness or culpability, yet they exhibit fluid agency: behavior that is (i) stochastic (probabilistic and path-dependent), (ii) dynamic (co-evolving with user interaction), and (iii) adaptive (able to reorient across contexts). Fluid agency generates valuable outputs but collapses attribution, irreducibly entangling human and machine inputs. This fundamental unmappability fractures doctrines that assume traceable provenance—authorship, inventorship, and liability—yielding ownership gaps and moral “crumple zones.”

This Article argues that only functional equivalence stabilizes doctrine. Where provenance is indeterminate, legal frameworks must treat human and AI contributions as equivalent for allocating rights and responsibility—not as a claim …

Fiscal Sponsorship In Truly Independent Film: Entity And Model Choice And Legal Risks, Samuel Johnson

Washington Journal of Law, Technology & Arts

This article examines fiscal sponsorship as a legal and financing structure for “truly independent” films—low-budget, non-commercial projects created by filmmakers without access to studio financing, tax incentives, or traditional investors. Neither standalone nonprofit incorporation nor purely for-profit entity structures adequately address the unique needs of such projects. After surveying the development of fiscal sponsorship as a means of funding projects that meet an exempt purpose, relevant IRS guidance, and current prevailing practices and organizational structures in independent film, the article contends that a Model C (“regranting”) fiscal sponsorship paired with a single-member limited liability company (SMLLC) offers the optimal balance …

Table Of Contents

Washington Journal of Law, Technology & Arts

No abstract provided.

Amazigh Identity: From Discrimination To Reconciliation—A Struggle For Recognition, Khalid Ouassou

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper analyzes the conditions that fostered the emergence of a renewed identity perspective grounded in Amazigh linguistic and cultural rights. It traces the trajectory from denial to recognition after decades of advocacy, across institutional, political, public‑policy, and legal arenas. The article also argues that further guarantees and implementation measures remain necessary to secure the effective enjoyment of Morocco’s linguistic and cultural pluralism and to consolidate a durable process of reconciliation and recognition.

Linguistic Inequalities And Social Mobility In Morocco, Ismahane El Kallal

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Morocco’s plurilingual context assigns unequal status and functions to languages and varieties, turning linguistic resources into potential instruments of domination and discrimination. This article examines how linguistic inequalities affect social mobility by shaping access to educational credentials, socially valued occupations, and opportunities for social advancement. Drawing on an empirical study, it shows how unequal linguistic capital influences communication, self‑confidence, and social positioning, and how these inequalities are reproduced through institutions and everyday interactions.

Non-Muslims In Morocco Between Discrimination And Stigmatization: The Case Of Christians And Bahá’Ís, Mohammed Akdid

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper explores the limits of freedom of religion in Morocco and the restrictions experienced by non‑Muslims, particularly Moroccans who convert to other faiths. It draws on an empirical study with a sample of university students and complements the findings with testimonies from members of two non‑Muslim communities—Christians and Bahá’ís. The article analyzes social representations, attitudes, and lived experiences within Morocco’s social, political, and religious environment, highlighting mechanisms of stigmatization, constraints on public expression of belief, and the challenges of integration.

Scientific Output Of University Faculty: Causes Of Gender Inequality In The Academic Sphere, Sanaa Doukkali

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This study investigates individual and institutional factors associated with scientific output among Moroccan university faculty in the humanities and social sciences, with particular attention to gender differences. Scientific output is measured through a composite score of publications over the past ten years. Based on a sample of 341 academics (105 women and 236 men), results show generally low productivity and a lower level among women. For women, output is mainly linked to rank, involvement in editorial/review activities, and external solicitations, while time‑consuming family responsibilities constrain research time. Institutional variables (teaching load, promotion, support, governance) explain little of the variation, suggesting …

Discrimination Experienced By Single Mothers In Morocco, Hind Chokri

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Despite legal reforms and Morocco’s ratification of international instruments aimed at combating discrimination and violence against women, single mothers continue to face persistent stigma and multiple forms of discrimination. This article analyzes the legal, social, and economic determinants that shape discrimination across the life course of single mothers. It reviews the legal status of single mothers and their children under Moroccan legislation and highlights barriers to protection, social inclusion, and economic opportunities.

Fiscal Injustice, Wiam Aboulhouda

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Fiscal questions have become increasingly central to public debate and are closely linked to widening inequalities. This article examines fiscal injustice in the context of globalization, intensified international tax competition, and the shifting of tax burdens toward less mobile bases. It discusses how the tax–public good relationship is framed and how heavy taxation may be perceived as unfair, producing economic, social, and psychological consequences such as tax incivility and resistance. Focusing on Morocco, the article questions which tax structures are perceived as fairest and how redistribution is experienced and evaluated by citizens.

The Effectiveness Of Economic And Social Rights In Rural Morocco, Safaa Sniny

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

The effectiveness of economic and social rights in rural areas remains a major challenge in Morocco. This study assesses everyday inequalities by examining the actual enjoyment of fundamental rights in two regions—Marrakech–Tensift–Al Haouz and Taza–Al Hoceima–Taounate—using a mixed‑methods design that combines quantitative and qualitative data. The findings indicate insufficient effectiveness across key indicators, including access to education, healthcare, and basic infrastructure, with particularly adverse outcomes for women and the poorest populations.

Representations And Perceptions Of Inequality Between Resignation And Protest: A Sociological Approach, Toufik Rahmouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines social inequalities through lived experience and everyday perceptions. Moroccan society produces multiple forms of inequality embedded in social order, socialization processes, and internalized value systems. Using an empirical survey, the study identifies how respondents describe and classify inequalities and how these perceptions relate to feelings of injustice and relative frustration. It also explores the main attitudes adopted in the face of inequality and discrimination—ranging from resignation and moral/religious endurance to forms of dissent and protest. The analysis suggests that perceived inequality does not automatically translate into open protest; many actors rely on pragmatic cost–benefit reasoning and develop …

Food Insecurity. A Factor In Criminal Behavior?, Jerrod Brown, Jeremiah Schimp, Leanne Skehan, Janina Cich

Nutritional Neurocriminology Today

This article examines how food insecurity and limited access to nutritionally adequate foods impair cognitive function, emotional regulation, decision-making, and impulse control. Emerging research purports that individuals experiencing food insecurity face increased risks of mental and physical health problems, violent behavior, delinquency, heightened childhood vulnerability, and criminal justice involvement across the lifespan. The article advocates for increased awareness, routine screening, and specialized training for professionals in mental health, social services, and the criminal justice system to address food insecurity, thereby supporting long-term policy and community-level strategies that reduce criminal behavior and improve outcomes for vulnerable populations.

What Does "Registers" Mean? The Wrong Interpretation Could Allow Cybersquatters To Escape Liability, Kiley Carey

Akron Law Review

No abstract provided.

Legendary Houses: Trademarks, Transformation, And Ballroom Culture, Elizabeth L. Rosenblatt

Akron Law Review

No abstract provided.

Generative Identity Theft: Criminalizing Deepfakes Using The Right Of Publicity, Dustin Marlan

Akron Law Review

No abstract provided.

Assessing Patent Pledges: A Case Study In The Vaccine And Biopharma Space, Ana Santos Rutschman

Akron Law Review

No abstract provided.

Copyright In Characters: A Proposal For Reform, Michael W. Carroll

Akron Law Review

No abstract provided.

Ai Pirated My Art And Birthed Infringing Works, And Other Metaphors That Confound Copyright Law, Michael D. Murray

Akron Law Review

No abstract provided.

Drawbacks Of Relying On Foreign Expertise In Drafting Book Five Of The Moroccan Commercial Code, Youssef Bourda

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article discusses selected drawbacks of relying on foreign expertise when drafting national legislation, through a focused commentary on part of Article 556 of the Moroccan Commercial Code (Book Five on insolvency and restructuring). It highlights methodological flaws in legal borrowing—especially vague or inaccurate cross-references to the applicable rules—and shows how such drafting choices generate interpretive uncertainty and implementation difficulties. By comparing the Moroccan wording with its French source, the paper also examines the effects on the logic of granting a payment moratorium (judicial grace periods) in commercial matters, and argues for more rigorous legislative transposition and harmonization, including targeted …

A Review Of The Book “Introduction To The Study Of Islamic Sharia” By Dr. Abdelatif Hidayatullah, Ibrahim El Ouajjaji

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This paper offers an analytical review of Dr. Abdelatif Hidayatullah’s textbook “Introduction to the Study of Islamic Sharia”, widely used in Moroccan law faculties. It situates the book within a context where university-level pedagogical publishing remains limited, arguing that valuing publication initiatives is a prerequisite to rigorous critique. The review then examines the book’s structure, built around two core parts: an overview of Islamic Sharia and its sources, and a concise historical account of Islamic legislation from the Prophetic period to modern legal revival. It discusses the author’s methodological choice to present sources before history, and highlights his pedagogical approach: …

The Role Of Waqf In Achieving Development: Livestock Waqf As A Model, Mohamed Jarmouni

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article explores the role of waqf (endowment) in achieving development by highlighting its historical, social, and economic potential, with a focus on livestock waqf as a model that can support food security, reduce poverty, foster investment and scientific research, and contribute to environmental protection. It reviews juristic positions on endowing animals and discusses rules of maintenance and substitution to ensure continuity of benefit and fidelity to the donor’s intent.

Defining Legal Concepts From The Perspective Of Professor Abdul Latif Hedayat Allah, Abdelhadi Hentali El Idrissi

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article highlights one of the most important intersections between the roles of the legislator, the judge, and legal scholarship, namely the definition of legal concepts. It re-examines the role and limits of each actor in shaping legal definitions, adopting Professor Abdul Latif Hedayat Allah’s position, which challenges the view that confines this task to doctrine alone. It also underlines the pivotal importance of legislative definitions as a prerequisite for clarity and quality in legal texts.

The Legal Evidentiary Value Of Blockchain (Distributed Ledger Technology) In Proof, Omar Anjoum

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the probative value of blockchain (distributed ledger technology) in legal proof. It highlights the technology’s core features—decentralization, immutability, cryptography, and time-stamping—and assesses how they fit within rules of evidence, particularly the requirements of electronic writing and electronic signature. The study also discusses the extent of legislative recognition in Morocco and comparative systems, with a focus on identity attribution and the link between a digital record and its author. It concludes that blockchain records may carry increasing persuasive force, while full evidentiary equivalence requires clearer regulatory frameworks and trusted digital services to ensure integrity and reliability.

Banking On Jarkesy, Jacob Cunningham, Todd Phillips

Duke Law Journal Online

The 150-year-old bank regulatory system is under threat. Following the Supreme Court’s landmark decision in Jarkesy, bankers have filed numerous lawsuits challenging the ability of the federal bank regulatory agencies to adjudicate cases in non-Article III tribunals. But unlike the agencies tasked with enforcing the securities, antitrust, and consumer protection laws, the banking regulators lack statutory authority to file cases in federal court. A decision invalidating their in-house adjudicative authority strips of them of any forum in which to file enforcement actions.

This essay argues that these lawsuits should fail. Because the Seventh Amendment jury trial right exempts “public rights,” …

Summary Proceedings In Real Estate Matters: A Study Of Selected Legal Issues, Khadouj Fellah

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines key issues surrounding summary (urgent) proceedings in Moroccan real estate matters. It discusses how the urgent applications judge provides temporary protective measures—without ruling on the merits—to prevent imminent harm and preserve rights in property-related disputes. The study focuses on practical applications such as provisional registration and its cancellation, precautionary seizure of real estate and lifting such measures, eviction of occupants without legal title, judicial receivership, and other special procedures. It also highlights areas of doctrinal and case-law divergence and argues for clearer legislative guidance.

Custom ('Urf) And Its Impact On Guiding Fatwas, Nabil El Ghamari

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Keywords: custom ('urf); fatwa; Maliki jurisprudence; legal maxims; practice ('amal); Shari'a objectives (maqasid); Islamic legal methodology. مقدّمة: الشّريعة المباركة مبرّأة من كل عيب، وغير متهمّة بتقصير عن تحقيق مقصد صالح، ولا تزنّ بقصورٍ عن مواكبة أي مكان وزمان، ولا بدّ ممن أراد أن يوقّع عن الله تعالى أن يعرف عادات النّاس في الأقوال والأفعال، وإلا قصّر في تحقيق المصالح، ووقع في الشُّبه والإشكالات التي يتعذر الخروج منها إلا بهذه المعرفة. وهذه الشّريعة الغرّاء الكاملة الخالدة، اعتبرت العرف وردَّت كثيرا من الأحكام إليه، فهو أصلٌ من أصول الملّة، ودليلٌ من جملة الأدلة. 1 وقد اتفق أئمة المذاهب على الأخذ به، إلا …

Water Easements In Moroccan Law, Abdeljalil Joudat

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

This article examines the notion of easements in Islamic jurisprudence and positive law, with a special focus on water-related easements under Moroccan legislation. It outlines the legal framework governing the allocation, control, and protection of water resources, highlighting the right of aqueduct (watercourse) and the drainage easement as regulated by Morocco’s Water Law No. 10-95. It also discusses the conditions for establishing these rights, the competent procedures, and the principles of fair prior compensation, while pointing to key practical challenges in their implementation.

Workplace Video Surveillance: A Comparative Law Perspective, Imane Hilani

Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)

Workplace video surveillance has become widespread, raising major issues at the intersection of the employer’s power of control and employees’ fundamental rights. This article examines the legal framework governing the use of CCTV at work, with particular attention to personal privacy and the protection of personal data. It discusses the conditions of lawful monitoring (information, proportionality, purpose limitation, security and retention), as well as employees’ rights and the evidentiary value of recordings, through a Moroccan and comparative perspective supported by legislation and case law.

When Ownership Meets Licensing–New Normative Expectations And The Need For Nft Categorization: All Your Projects “Are” Belong To Us, Charles Belle

UC Law Science and Technology Journal

The current treatment of all NFTs in legal scholarship as identical digital assets fundamentally misunderstands their varied applications and the new normative expectations they create. The Moonbirds controversy of 2022, where a creator’s unilateral license change affected nearly 20,000 token holders, exemplifies the crisis: token holders believed they owned digital assets that could be controlled and commercialized, but existing copyright frameworks treat NFTs merely as licenses subject to creator discretion. Picture for Profile (PFP) Projects—community-based NFT collections involving thousands of tokens often with governance and commercial rights—combine concepts of possession, community governance, and commercialization in ways that challenge traditional intellectual …

From Prompt To Clone: Copyright Challenges In Ai Model Distillation, Claudia Philipp

UC Law Science and Technology Journal

This paper examines the legality of model distillation in the context of large language models (LLMs), where smaller “student” models are trained by mimicking the outputs of larger, proprietary “teacher” models. As artificial intelligence continues to advance rapidly, the legal framework surrounding patent, and contract law is being tested. Specifically, the paper explores whether current U.S. copyright law offers sufficient protection for frontier LLM developers and whether practices like unauthorized distillation amount to infringement. By analyzing model architecture, training data, behavioral mimicry, and reverse engineering under prevailing legal doctrines—including fair use, terms of use enforcement, and recent litigation—the paper finds …