Law Commons^™

Whose Bot Is It Anyway? Determining Liability For Ai-Generated Content, John G. Browning

Northern Illinois University Law Review

As Chief Justice John Roberts noted in his State of the Judiciary address in late December 2023, artificial intelligence has not only had a seismic effect on society and the legal profession, but it is also presenting courts with novel questions to resolve. To date, most of the legal scholarship discussing generative AI has focused on areas like the ethical dimensions of its use, copyright infringement implications, AI governance issues, and the evidentiary questions raised by the use of this technology. However, a void in the scholarship exists with respect to the question of who should be liable for AI-generated …

Avoiding Dupe Process, Kevin Frazier

Northern Illinois University Law Review

Advances in artificial intelligence (AI) combined with increased documentation of human overreliance on AI recommendations demands a reexamination of content moderation processes. Social media platforms—reacting to internal values, social pressure, regulatory mandates, or some combination of all three—have carried over procedural due process norms to content decisions. One common procedural protection is a “human-in-the-loop” (HITL) requirement. These requirements insist that a human provide some oversight role prior to an automated decision becoming final.

A review of the core values of due process—namely, accuracy, fairness, legitimacy—and the nature of hybrid decisional frameworks—those that involve AI and human inputs—show that HITL requirements …

The Emerging Danger Of Ai-Generated Child Sexual Abuse Material And An Unprepared Criminal Code, Jessica L. Terkovich

Northern Illinois University Law Review

The development and dissemination of child sexual abuse material (“CSAM”) using artificial intelligence (“AI”) is becoming easier and easier with technological advancements. This Article argues that traditional child pornography statutes should be extended to encompass fully AI-generated images. The Article outlines the history of the nation’s current federal CSAM laws and details the results of a nationwide survey of statutes which determined that few states have effective laws on the books regarding AI-generated CSAM. This Article also offers recommendations for constructing effective laws against AI-generated CSAM and concludes that harm comes from the very existence of CSAM, no matter how …

Under The Limelight Of Fame: Life, Success, And Revenge Porn—A Public Figure’S Right To Privacy Versus Speech On Matters Of Public Concern, Jose Garcia

Northern Illinois University Law Review

The twenty-first century continues to evolve technologically and socially. However, the main constant in society is the public’s devotion to celebrity culture. Celebrity culture constantly has the public’s attention, from Travis Kelce’s and Taylor Swift’s relationship, to the controversies surrounding President Donald Trump. As a result, being a public figure in a technologically advanced society comes with a limited right to privacy. Public figures over the years have become victims of nonconsensual pornography with limited options for recovery and accountability. California Civil Code Section 1708.85 is a prime example of a statute that poses a challenge to a public figure …

Cross-Border Limitations And Exceptions To Copyright: “Powered By Ai”, Marketa Trimble

Joint PIJIP/TLS Research Paper Series

Businesses and institutions that wish to utilize copyright-protected works in multiple countries face a multiplicity of national copyright laws; although national copyright laws have been harmonized in accordance with several international treaties, and harmonized even more in the European Union member states by European Union legislation, countries’ copyright laws continue to vary. The multiplicity of national copyright laws raises costs of transnational operations, including for businesses and institutions that rely on limitations and exceptions to copyright (“L&Es”) in multiple countries. For example, AI companies might want to rely on L&Es to train and deploy their AI in multiple countries, as …

How Atlanta's Use Of Eminent Domain Displace Low-Income Peoplestown Residents, Babafemi Fatade

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.

Successful Psychopathy: Trait Expression, Construct Validity, And Career Differences Among Lawyers, Law Students, And Pre-Law Undergraduate Students, Jessica Rush

Student Theses

Psychopathy is a multidimensional personality construct traditionally studied in offender populations but increasingly recognized in high-functioning, nonclinical groups. This study examined the expression of psychopathic traits—Fearless Dominance, Self-Centered Impulsivity, and Coldheartedness—among legal professionals at various career stages, including pre-law students, law students, and practicing attorneys. Using the Psychopathic Personality Inventory–Revised (PPI-R) alongside validated measures of related constructs (e.g., narcissism, aggression, affect, behavioral activation/inhibition), the study assessed trait distribution, construct validity, and contextual influences in a sample of 82 participants. Results provided partial support for the PPI-R’s construct validity in this population. Total psychopathy and Self-Centered Impulsivity were positively associated with …

Best Friend, False Friend: The “Favour” Rule In Comparative Labour Law, Luca Ratti

Comparative Labor Law & Policy Journal

Employment relationships can be governed by multiple legal frameworks, including statutory labour codes, collective bargaining agreements (at both enterprise and sectoral levels), and individual employment contracts. How are conflicts between these sources of law resolved? In many jurisdictions, the “favour rule” addresses such conflicts by prioritising the source that offers the greatest benefit to the employee. This rule aims to prevent employers from leveraging their superior bargaining power in individual contracts to undercut more favourable terms established through collective bargaining. However, comparative analysis reveals that the scope of the favour rule is narrowing in some jurisdictions, where it is increasingly …

Closing The Gap In Pre-Law Preparation: Founding A Pre-Law Club At Ole Miss, Nicolantonio Prentosito

Honors Theses

Attending public school from kindergarten through 12^th grade in a struggling Ohio school district, I experienced the inequities in the public education system from a young age, particularly with tests like the SAT that can have a major impact on our futures. After becoming a National Merit Finalist, I wanted to help even the playing field for students from poor districts like mine by founding a non-profit, Scholar Power, to offer free PSAT, SAT, and ACT education and preparation.

Starting college, I recognized similar inequities with the Law School Admissions Test (LSAT) and the pre-law process in general. As …

Breaking Down The Walls: Changes To Single-Family Residential Zoning To Improve Housing Affordability And Inclusivity, Jackson Barton, J.D.

Lincoln Memorial University Law Review Archive

Single-family residential zoning has long been a method to keep unwanted individuals and families out of wealthier, more affluent neighborhoods. What area an individual or family lives in can dictate many aspects of their lives, including their job opportunities, access to health care, and their kids’ education options. By implementing changes to single-family zoning and allowing higher population density in suburbs and small towns, cities and states can create neighborhoods that are welcoming to a wide range of the socioeconomic spectrum.This comment discusses the changes that many states, municipalities, and cities have made to their long-standing zoning schemes in the …

The Low-Income Housing Tax Credit In 2024: Where Have We Been And Where Are We Going?, Kelley Moore, J.D.

Lincoln Memorial University Law Review Archive

The Low-Income Housing Tax Credit was introduced by Congress to incentivize private developers to create more affordable housing supply in the United States. The LIHTC is the largest affordable housing development program and is responsible for the creation of most affordable housing in the U.S. In simple terms, developers are given tax credits for committing to keep rent affordable for a minimum of 30 years. Given that that program is approximately 32 years old, we are just now seeing what is happening to properties that were created by the help of the LIHTC when their developers or owners no longer …

A Court Under Scrutiny: How Ethical Failures Endanger The Legitimacy Of The Supreme Court, Presley A. Overbey, J.D.

Lincoln Memorial University Law Review Archive

This Note explores the deepening legitimacy crisis facing the United States Supreme Court, arguing that ethical failures among its justices have eroded public confidence in the institution and threaten the foundational principles of American democracy. Beginning with an analysis of Institutional legitimacy and its relationship to public acceptance, this Note articulates why legitimacy, not merely power or authority, is essential to the judiciary’s function. Tracing the historical development of the Court and its evolving public perception, this Note Examines recent ethical controversies involving Supreme Court justices that have contributed to its growing unpopularity. It critiques the Court’s existing ethical framework, …

Who Does It Best? A Fifty-State Comparison Of The Laws Surrounding Methamphetamine, Trinity Bledsoe Bryant, J.D.

Lincoln Memorial University Law Review Archive

Methamphetamine abuse remains a significant public health and criminal justice issue across the United States. Despite its widespread impact, states have taken varied legislative approaches to combat possession, distribution, and use. This Note provides a comprehensive fifty-state comparison of methamphetamine-related laws, examining key legal provisions, penalties, and alternative rehabilitative procedures. By analyzing trends in legislation, the Note highlights which states enforce the most stringent or lenient policies and evaluates their effectiveness in reducing the use of methamphetamine within the state. The findings aim to inform policymakers and legal professionals on best practices for combating methamphetamine abuse while balancing public health …

Judicial Interpretations Of Emancipation: Comparative Analysis Of Antebellum Court Decisions In The Slaveholding States, Evan Matthew Gelobter, J.D.

Lincoln Memorial University Law Review Archive

This article examines judicial interpretations of emancipation laws in the antebellum South, focusing on Alabama, Mississippi, Georgia, South Carolina, and North Carolina. It investigates how courts enforced and occasionally challenged legislative restrictions on manumission, revealing the judiciary’s dual role in both preserving and, in rare cases, moderating the institution of slavery. Through a comparative analysis of landmark cases, the study highlights the tension between statutory mandates and judicial discretion, illustrating how legal frameworks reinforced racial hierarchies while occasionally permitting emancipation under narrowly defined circumstances, such as relocation to free states or foreign territories. The article demonstrates that courts consistently prioritized …

Fourth And Fifth Circuits Split Over Geofencing In Fourth Amendment Interpretation, Mollye O'Rourke, J.D.

Lincoln Memorial University Law Review Archive

In 2024 the Fourth and Fifth Circuits split over the issue of location history retrieved via geofencing. The Fourth Circuit held in United States v. Chatrie, that enabling one’s cell phone location history is consent for the government to retroactively view location history without a warrant. However, the Fifth Circuit held in United States v. Smith, that when the government uses location history data, it conducts a general search, which they said is unconstitutional even with a warrant. This note analyzes the split and proposes a modification of the third party doctrine that would maintain the equilibrium of powers between …

From Great Migration To Gentrification: Heirs Property In The Urban Context, Codi Royall

Northern Illinois University Law Review

The current legal framework, including common law doctrine, individual state statutes, and the Uniform Partition of Heirs Property Act (UPHPA), fails to meet the needs of heirs property owners in urban communities. This oversight allows real estate speculators to exploit the law, accelerating gentrification, urban blight, displacement of heirs, and the erosion of generational wealth. While Thomas Mitchell’s scholarship has illuminated the challenges of heirs property, its focus on rural contexts neglects the distinct issues faced by urban heirs.

This Note addresses this gap by examining heirs property through an urban lens, emphasizing the unique historical and legal contexts of …

Regulation Of Sargassum Removal And Sinking In Florida, Ashwin Murthy, Korey Silverman-Roati, Romany M. Webb

Sabin Center for Climate Change Law

Carbon dioxide removal is increasingly recognized as a necessary component of global climate mitigation efforts. One emerging method involves the deep-sea sinking of plant biomass to sequester carbon. Sargassum, a free-floating brown seaweed, has been identified as a promising candidate for this approach due to its natural buoyancy and decomposition process, which enables it to sink and potentially store carbon in the deep ocean. With sargassum blooms growing dramatically in the Atlantic since 2011 — posing ecological, economic, and public health risks when they wash ashore — there is growing interest in offshore removal and sinking as a climate solution. …

The Road To Hell Is Paved With Good Intentions: Patents, Pharmaceuticals, And Price Gouging, Madelyn Bird

Northern Illinois Law Review Supplement

Pharmaceutical companies are subject to monopolies of their own making in the pharmaceutical market. Legislators have tried to limit these monopolies by passing legislation in the hopes that it will lower prices. Unfortunately, these attempts to lower the costs of prescriptions have caused more issues to arise over time. When employing complex aspects of intellectual property law, such as evergreening and product hopping, there is no control exerted over pharmaceutical companies.

These monopolies in pharmaceutical markets exist because by the time generic products can enter the market, they have already become outdated. When the generics become outdated, they lose their …

Illinois’S Latent Disease Transformation: No More Harsh Rulings, Joseph R. Egan

Northern Illinois Law Review Supplement

Recent amendments to Illinois statutes related to latent diseases have been the topic of current litigation. Traditionally, Illinois has placed a time limit on filing latent disease suits; however, after several self-described “harsh rulings,” the legislature amended this time-barring statute. Additionally, unlike before, plaintiffs are now allowed to go directly after employers. Employers have raised several issues concerning the constitutionality of the amendments to these statutes.

This Comment argues that the recent amendments by the Illinois legislature are constitutional because they do not violate ‘special legislation’ and are not applied retroactively. Trial judges and the Illinois Attorney General have all …

A New Chorus Of Action: Implementing Fiduciary Standards In Artist-Label Agreements, Lindsey Kokkinias

Northern Illinois Law Review Supplement

Throughout history, artists have faced exploitation by record labels through power imbalances and inequitable contractual obligations. This Comment proposes establishing a fiduciary relationship between artists and record labels, advocating for a legal framework that imposes duties of loyalty and care within the music industry. The traditional dynamics between artists and recording companies involve disparities in power, knowledge, and financial interests, often leading to contracts and practices that unfairly benefit labels at the expense of artists’ rights, earnings, and creative control. By analyzing legal precedents and case studies, this Comment demonstrates the necessity and feasibility of imposing fiduciary obligations on record …

Teaching The Arc Of Electric Spark: Igniting Curiosity, Creativity, And Innovation Throughout The Law School Curriculum, Jason G. Dykstra

Northern Illinois University Law Review

A heighted velocity of change enveloped the legal profession over the last three decades. From big law to rural practitioners, the traditional law firm model of billing time by the hour proved ripe for disruption. Technological advances automated many once-billable activities; enhanced client sophistication and cost-consciousness restricted law firm revenue by imposing billing guidelines and alternative fee arrangements; clients increasingly retain legal work in-house; and global competition allowed legal services to be disaggregated and outsourced to the lowest cost provider. The net effect of this disruption is reflected in the revenue of the legal services sector, which adjusted for inflation, …

I Demand The Right To Destroy My Church! The Relationship Between The Religious Land Use And Institutionalized Persons Act And The Religious Right To Demolish Historic Churches, Mikayla D. Kelz

Northern Illinois University Law Review

Prohibitions and restrictions on land use by Historic Preservation Committees via landmark laws are common and hinder an owner’s right to control the land. Religious institutions possess an important piece of federal legislation to combat landmark laws, known as the Religious Land Use and Institutionalized Persons Act (RLUIPA). Even with this advantage in their pocket, churches continue to face local opposition on the ability to renovate and demolish their churches due to the overly regulatory nature of landmark laws. Federal courts vary on the criteria in determining whether a landmark designation can withstand the right to religious exercise via land …

Hi Barbie! A Cultural Phenomenon Illustrates How Courts Have Lost The True Meaning Of The Independent Creation Defense, Shelby Harrison

Northern Illinois University Law Review

From movies to advertisements to department stores, Barbie is everywhere. Barbie has been around for decades and is now a cultural phenomenon. It is almost impossible to not be familiar with the iconic fashion doll. With a creation so popular and so powerful, how do other individuals or businesses create their own doll without being influenced by Barbie? This Note discusses the independent creation defense within copyright infringement. The focus of this Note is whether a defendant would even be able to assert the independent creation defense when their opponent’s creation is so widely known, like Barbie. This Note emphasizes …

Originalism’S Precedent Problem, James Bernstein

Northern Illinois University Law Review

This paper explores the tension between originalism and stare decisis in judicial decision-making. Originalism, which seeks to interpret the Constitution as understood at the time of its ratification, has gained bipartisan acceptance among judges. However, this interpretive approach faces challenges regarding precedent: How should originalist judges handle past decisions that deviate from the original public meaning of the Constitution? The paper examines this issue, particularly in light of originalists’ varied stances on the role of precedent.

Some originalists, like Antonin Scalia and Amy Coney Barrett, acknowledge the need for stare decisis to maintain legal stability, albeit with allowances for overturning …

Science And Causality In Technology Litigation, J. Nathan Matias, Jonathon W. Penney

Articles & Book Chapters

No abstract provided.

Durable Power Of Attorney, Carolyn L. Carlson

Essays in Developmental Psychology

A power of attorney is a written document that authorizes an individual (an “agent” or “attorney-in-fact”) to act on behalf of another individual (the “principal”) in a fiduciary capacity related to matters specified within the power of attorney document. The agent does not have to be a licensed attorney in order to assume the role as agent, but must act with care and in good faith when dealing with the principal’s affairs. An agent’s power can be limited to a specific transaction, such as purchasing a specified piece of real estate, or the agent can be authorized to complete various …

A Legal Analysis On The Link Between Pornography Consumption And The Perpetuation Of Abuse, Madelyn Garrett

Advanced Issues in Criminal Law: Sex Offenses

This essay examines the connection between the overconsumption of pornography and the growing demand for violent and extreme types of pornography. This essay also looks at the abuse this demand perpetrates.

I Have Some Reservations: Examining Whether Federal Rules Of Evidence 413 And 414 Serve Legitimate Purposes Of Punishment For Native American Defendants, Cameryn Gonnella

Advanced Issues in Criminal Law: Sex Offenses

This essay will analyze the legitimacy of Federal Rules 413 and 414 as applied to Native American defendants through the lens of the purposes of punishment: rehabilitation, deterrence, retribution, incapacitation, and restitution.

A New Look At Sex Offender Rehabilitation: Embracing Elective Chemical Castration, Alli Florence

Advanced Issues in Criminal Law: Sex Offenses

This essay analyzes the historical and modern use of castration efforts on sex offenders and advocates for federally supported, elective chemical castration as an effective means of rehabilitative treatment and relapse prevention post-incarceration.

Dykebreaking: The Homophobic Rape Of Lesbian Woman And The Next Frontier Of Hate Crime Laws, Mallory L. Harrington

Advanced Issues in Criminal Law: Sex Offenses

This article will explain the motivations behind homophobic rape by examining it as both a sex offense and a hate crime, before arguing that its unique status at the intersection of both categories of offenses places its victims in a particularly vulnerable position and situates those who offend in this way in a more serious category of offender than other sex offenders.