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2026

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Full-Text Articles in Law

Distillation Laundering: Regulatory Arbitrage And A Potential Beijing Effect In Ai, Laura Edelson, Filippo Lancieri Jan 2026

Distillation Laundering: Regulatory Arbitrage And A Potential Beijing Effect In Ai, Laura Edelson, Filippo Lancieri

Georgetown Law Faculty Publications and Other Works

This essay introduces distillation laundering, a new form of regulatory arbitrage. Distillation, a technique for training large language models based on the outputs of other models instead of from scratch, is generally prohibited by the terms of service of closed-weight frontier models. However, it is economically efficient and has been key to the success of the cheap, distilled (largely Chinese) open-weight models, which have reshaped the global political economy of AI regulation. US companies have now begun to re-import the effects of distillation through various means—a process we call distillation laundering. We also discuss how attempts to lobby these models …


Stop The Work Stoppages: A Mixed-Mode Dispute Resolution Process To Prevent An Nba Lockout Or Strike, Kyle Cohen Jan 2026

Stop The Work Stoppages: A Mixed-Mode Dispute Resolution Process To Prevent An Nba Lockout Or Strike, Kyle Cohen

Cardozo Arts & Entertainment Law Journal

The note argues that the NBA and NBPA should incorporate a mixed-mode dispute resolution clause—specifically a "neg-med-arb" (negotiation-mediation-arbitration) process—into future collective bargaining agreements (CBAs). By transitioning from negotiation to mediation and finally to binding arbitration, the league can ensure a successor agreement is reached in time to prevent lockouts or strikes that disrupt the season.


Dancing On The Edge Of Copyright: Why Copyright Law Should Protect Short Dance Routines, Tianai Song Jan 2026

Dancing On The Edge Of Copyright: Why Copyright Law Should Protect Short Dance Routines, Tianai Song

Cardozo Arts & Entertainment Law Journal

The note argues that the Copyright Act should be amended to extend legal protection to short dance routines, regardless of their complexity or duration. This expansion aims to prevent the unauthorized appropriation of distinctive movements and ensure that creators, particularly those from Black and marginalized communities, are fairly recognized and compensated.


Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 2 Jan 2026

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 2

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Beyond The Rings: Housing Inequalities In Olympic Host Cities, Audrey Hansen Jan 2026

Beyond The Rings: Housing Inequalities In Olympic Host Cities, Audrey Hansen

Cardozo Arts & Entertainment Law Journal

The note argues that hosting the Olympic Games consistently leads host cities to violate their citizens' right to adequate housing through displacement, gentrification, and the criminalization of homelessness. By analyzing historical patterns and current preparations for the 2028 Los Angeles Games, the analysis contends that the traditional single-city hosting model is unsustainable and harmful.


Youtube Journalists And The Future Of The Fourth Estate: The Fine Line Between Journalism And Entertainment, Stephan Toljan Jan 2026

Youtube Journalists And The Future Of The Fourth Estate: The Fine Line Between Journalism And Entertainment, Stephan Toljan

Cardozo Arts & Entertainment Law Journal

The note argues that the legal distinction between professional journalists and social media actors has blurred due to the universal accessibility of public digital platforms. It proposes eliminating the requirement of institutional affiliation for the reporter's privilege, suggesting instead that any individual who satisfies the Von Bulow factors regarding the intent to disseminate information to the public should be eligible for the privilege.


Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 3 Jan 2026

Table Of Contents, Cardozo Arts & Entertainment Law Journal, Vol. 44, Iss. 3

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Generative Ai And The Myth Of Creativity, Abdi Aidid Jan 2026

Generative Ai And The Myth Of Creativity, Abdi Aidid

Cardozo Arts & Entertainment Law Journal

It has become almost commonplace to observe that artificial intelligence is straining the boundaries of intellectual property law. Artists and other creators are especially uneasy about the extent to which generative AI systems may displace original works or, when they function as creative aids, provide little in the way of meaningful IP protection. Beneath these concerns, however, lies a more fundamental doctrinal tension: despite its frequently invoked justifications, IP law has never been primarily concerned with rewarding creativity or effort. Courts have longfavored formalistic approaches and minimal thresholds for originality, deliberately avoiding judgments about artistic or aesthetic merit. Similarly, they …


Making The Law Work: Protecting Classical Ballet Choreographers' Artistic Legacies Through Copyright And Estates Laws, Alice Darakhchava Jan 2026

Making The Law Work: Protecting Classical Ballet Choreographers' Artistic Legacies Through Copyright And Estates Laws, Alice Darakhchava

Cardozo Arts & Entertainment Law Journal

No abstract provided.


The Sound Of The Police: Police Radio Encryption And Freedom Of The Press, Toluwanimi Fajolu Jan 2026

The Sound Of The Police: Police Radio Encryption And Freedom Of The Press, Toluwanimi Fajolu

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Navigating The Double Helix: Patent Law, Bioethics, And The Regulatory Future Of Gene Editing, Kayla Flanders Jan 2026

Navigating The Double Helix: Patent Law, Bioethics, And The Regulatory Future Of Gene Editing, Kayla Flanders

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Introduction, Jessica Jilla Jan 2026

Introduction, Jessica Jilla

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Panel And Discussion, Kyle Cohen, Heidi Kitrosser, Kate Klonick, Christina Koningisor, Jess Miers, Saurabh Vishnubhakat Jan 2026

Panel And Discussion, Kyle Cohen, Heidi Kitrosser, Kate Klonick, Christina Koningisor, Jess Miers, Saurabh Vishnubhakat

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark Jan 2026

Parity In Practice: The Defender's Duty To Ethically Use Ai, Mason R. Clark

Faculty Articles

This white paper provides a framework for ethical and practical AI use across all types of criminal defense practice, grounded in the ABA Model Rules of Professional Conduct and best practices as described by practitioners, academics, and other experts. While AI tools can meaningfully improve efficiency and expand analytical capacity, those benefits are highly contingent on tool selection, implementation, and oversight. The white paper also recognizes that cost, access to training, and institutional resources remain significant barriers — particularly for solo practitioners, small firms, and under-resourced public defense offices — and discusses AI throughout as a set of tools whose …


Relentless: The Pressures Shortening Law School Deanships And What Must Change, Katie Kempner, Patricia E. Roberts Jan 2026

Relentless: The Pressures Shortening Law School Deanships And What Must Change, Katie Kempner, Patricia E. Roberts

Faculty Articles

It is no small thing when a law school loses its dean. The departure triggers a national search, stalls institutional momentum, disrupts fundraising, and requires rebuilding years of relationships with faculty, alumni, and university leadership, all while the institution navigates one of the most turbulent periods in legal education's history. Approximately 25 percent of the nation's law schools transition to a new dean in any given year. That reality prompted this study.

This study combined a survey of 624 current and former law school deans, which yielded 256 responses and data on 294 deanships, with 70 qualitative interviews conducted between …