Law Commons^™

Do Androids Dream Of Economic Incentives?, Timothy Murphy

Akron Law Review

Current discussions on artificial intelligence inventorship or authorship are focused in the patent and copyright spaces. These discussions largely ignore the trade secrets space outside the context of other’s ownership of AI-related technology. This is likely due to the disconnect between creatorship and ownership that exists in trade secrets law, but that is not present in patent and copyright law. In particular, there is no requirement of human creatorship in trade secrets law, but patents and copyrights might require a human creator. This article explores the possibility of AI ownership of AI-generated information under current trade secrets law for modern …

Governing Generative Ai, Daryl Lim

Akron Law Review

This Article paper explores the evolving landscape of copyright law in the age of generative artificial intelligence, dissecting the multifaceted challenges and opportunities it presents for creators, legal practitioners, and policymakers. Part I, “Governing Authorship,” delves into the existential questions AI poses to traditional notions of creativity and authorship, illustrating the tension between innovation and the preservation of human creators’ rights within existing legal frameworks. Part II, “Governing Infringement,” examines the intricate issues of copyright infringement in the digital era, especially the unauthorized use of copyrighted content by AI for training purposes and the exploration of private ordering mechanisms as …

Virginia Bar Exam, February 2025, Section 2

Virginia Bar Exam Archive

No abstract provided.

Virginia Bar Exam, February 2025, Section 1

Virginia Bar Exam Archive

No abstract provided.

Professor Jessica Roth Quoted In The New York Times About Justice Dept. Targeting Sdny, Jessica A. Roth

Cardozo Law News Archive

Professor Jessica Roth spoke to The New York Times about Emil Bove III, the acting deputy attorney general, targeting the U.S. attorney's office for the Southern District of New York over the Trump administration's plans to seek the dismissal of corruption charges against Mayor Eric Adams.

From Bots To Ballots: Democratic Integrity In The Era Of Digital Manipulation, Dalit Ken-Dror Feldman, Yifat Nahmias

Minnesota Journal of Law, Science & Technology

No abstract provided.

Rudderless And Adrift: States’ Unwarranted Timidity Respecting Stateless Vessels, Andrew Norris

International Law Studies

This article argues that there is no international legal impediment to any State robustly asserting prescriptive, enforcement, or adjudicative jurisdiction over vessels without nationality. It first examines the rules relating to vessel nationality to demonstrate the strong international preference that vessels be properly flagged in a particular State. It then examines the phenomenon of vessels without nationality, with a focus on what constitutes statelessness, and what the contemporary understanding is of the jurisdictional effect of that status. It concludes with a legal analysis, based on the Lotus principle and a recent U.S. appellate court decision that relied upon it, of …

Let’S Be Cool About It: Anticipating Proper, Whole-Human Cryopreservation And The Necessary Oversight For Adequate Consumer Protection, Peter Lyon

Minnesota Journal of Law, Science & Technology

No abstract provided.

I Am Become Meme, Manipulator Of Markets: An Analysis Of Elon Musk’S Tweets Under The Anti-Manipulation Provisions Of U.S. Securities Laws, Noah Schottenbauer

Minnesota Journal of Law, Science & Technology

No abstract provided.

State Of Utah Plaintiff/ Appellee V. Michael Curwick Defendant/ Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Second Judicial District Court, Weber County, Honorable Richard Mrazik, District Court No. 231500076

Aubrey Bisbee, Derek Brown, Counsel for Appellee

Freyja Johnson, Rachel Phillips Ainscough, Anna Grigsby, Counsel for Appellant

Brief Of Law Scholars As Amicus Curiae In Support Of Appellees And Affirmance, Charles Duan

Amicus Briefs & Court Filings

Amici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law. They write to address the plaintiff, Novartis Pharmaceuticals Corporation (Novartis), contention that the Medicare drug price negotiation program effectuates a taking of personal property in violation of the Fifth Amendment. Amici submit this brief to provide the Court with the historical and legal background necessary to understand two issues: first, the constitutionality of government price negotiations and price regulations; second, the federal government’s use of patents. The amici explain how Courts have historically ruled on these questions, …

The Court We Need: Why The Supreme Court Is Worth Saving—Especially From Itself With Professor Steven I. Vladeck, Stephen I. Vladeck

2025 Event Invitations

For all of the ink that has been spilled over the Supreme Court in recent years, no one has been able to bridge the growing divide between those who think we should bury the Court and those who think we should praise it. Meanwhile, public faith in the Court continues to decline. The result has been an erosion of the Court’s moral authority and an impasse about how to restore it at the exact moment when we most need it—with the other institutions of government increasingly unable or unwilling to check each other. Now, more than ever, we need a …

Vol. 68, No. 07 (February 24, 2025)

Indiana Law Annotated

No abstract provided.

The Solidarity Spectrum: De-Solidarity, Anti-Solidarity, And Resistance, Obiora C. Okafor, Gabriella Sanchez, Sarah Soto

Articles & Book Chapters

In this essay, we examine legal and political challenges to solidarity with and among migrants. We begin by describing the disturbing and powerful turn toward de-solidarity, particularly in some Global North countries, that threatens to undermine the global refugee and migration law regime. Politicians seek to capitalize upon racial fears of migrants from the Global South to reject solidarity (with the latter group) as a concept and pursue anti-immigrant laws and policies. We next examine anti-solidarity, as shown by the criminalization of humanitarian assistance as migrant smuggling. Both de-solidarity and anti-solidarity operate through law and race to constrain human mobility …

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2024–2025 Flyers

No abstract provided.

Ndls Communicator: Week Of 02.24.25, Notre Dame Law School

NDLS Communicator

The Latest News

• Notre Dame Law School launches Dean's Initiative for Leadership and Scholarly Excellence to support incoming J.D. students
• Law and Economics of Organizations: The 12th Law and Economics Conference

Faculty News and Briefs

• Jennifer Mason McAward authored “Understanding Brady Violations," forthcoming in the Vanderbilt Law Review.
• Jeff Pojanowski's article, "Faces of Formalism," was the download of the week on Lawrence Solum's Legal Theory Blog.
• Sam Bray was quoted in the CNN article, "Trump and allies celebrated court orders against Biden they now claim are 'tyrannical.'"
• Nicole Garnett was quoted in an article by The 74 about open enrollment …

My Father Survived The Holocaust. Censorship Didn’T Stop The Nazis, It Helped Them, Nadine Strossen

Other Publications

No abstract provided.

Double Standards In Un Political Bodies: Is Impartiality Possible?, Steven Ratner

Other Publications

The decisions of the UN’s political bodies would seem to represent the epitome of claims of double standards in the enforcement of international law. For even if we can accept that the members of the Security Council or the Human Rights Council (HRC) will choose to bring some situations to the attention of those bodies while leaving others off the agenda, or to pass some resolutions and reject others, such decisions seem quite suspect if we view those organizations as not merely making policy but enforcing international law. International lawyers have long identified this dilemma over enforcement: is it better …

Mmu: 02/24/25–03/02/25, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Turning Over The Ballot: Direct Democracy And State-Level Change, Floersheimer Center For Constitutional Democracy, Wilfred U. Codrington Iii, Phillip Ensler, Susan Lerner, Miriam Seifter

2025 Event Invitations

Join Phillip Ensler ‘17 (Alabama State Representative), Susan Lerner (Executive Director, Common Cause-NY), and Miriam Seifter (Professor, Univ. of Wisconsin Law School) who, with Cardozo’s own Professor Wilfred Codrington, will discuss ballot measures, direct democracy, and effecting change at the state level. Registration is encouraged but not required for current Cardozo students.

A Conversation With Julia Haart, Cardozo Fame Center, Fashion Law Society, Michelle Greenberg-Kobrin, Julia Haart

2025 Event Invitations

Step into the world of innovation and entrepreneurship with Cardozo's FAME Center and the Fashion Law Society as they host an exclusive event featuring Julia Haart—CEO, designer, author, activist, producer, and the captivating star of Netflix's “My Unorthodox Life.” Join her in a riveting dialogue with Professor Michelle Greenberg-Kobrin, as they delve into Julia's non-traditional journey to the C-suite and her trailblazing approach to business.

Ethical Considerations Of Commercial Utilization Of Consumer Health Data To Build Valuable Intellectual Property, Jen Neal

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Armstrong Construction Inc., Appellant V. Itzel Cox And Baudelio Covarrubias, Appellees : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

On appeal from the Third Judicial District Court, Salt Lake County, Honorable Robert Faust, District Court No. 200903803

Paul W. Jones, Attorneys for Armstrong Construction, Inc

Douglas C. Shumway, Attorneys for Appellee Baudelio Covarrubias, Gavin Wenzel, Attorney for Appellee Baudelio Covarrubias

A Plea For Private International Law (Conflict Of Laws), Michael S. Green

Notre Dame Law Review Reflection

Public international law primarily deals with the legal rights and duties of nations. But there is another body of international law—private international law—that seeks to coordinate private legal rights and duties in cases that straddle national borders or involve citizens of different countries.

This law has a long history. But it really took off with the expansion of travel, communication, and trade in the nineteenth century. And American courts played an outsized role in its development. Because the constituent states of the United States were, in large part, understood as retaining the sovereignty of nations, American courts took private …

Presidential Oversight Of Independent Agency Rulemaking: A Literature Review, Matthew R. Osuch

Notre Dame Law Review Reflection

Over the course of the last several decades, the role of the President vis-à-vis the administrative state has undergone a profound evolution. Central to this development is President Clinton’s Executive Order (EO) 12866, issued in 1993—a landmark directive that modernized and reinvigorated the process by which federal agencies promulgate significant regulations. Like his predecessors, President Clinton declined to extend EO 12866’s cost-benefit analysis and centralized review requirements to independent agency rulemakings. This Note provides a literature review of the competing perspectives regarding the legal permissibility and desirability of that choice and the choice of every President since to do the …

Registration As Consent: Patching Jarkesy's Hole In Sec Enforcement, Alexander I. Platt

Notre Dame Law Review Reflection

In SEC v. Jarkesy, the Supreme Court held that whenever the SEC seeks to impose monetary penalties on enforcement targets for securities fraud, it must proceed in federal court and not its own administrative forum. Many observers predict this will significantly impact SEC enforcement.

But not necessarily. A simple legal patch might repair the hole Jarkesy opened up: parties who register with the SEC may thereby consent to its administrative jurisdiction. (Because Jarkesy and the funds he managed were not registered, his case did not resolve the issue.)

This Essay shows how registration may constitute consent to SEC administrative …

Cardozo Law News Brief: February 21, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the February 21, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth appeared on PBS NewsHour to discuss DOJ resignations tied to the dismissal of a case involving NYC Mayor Eric Adams.

• Adjunct Professor Gary Galperin spoke to Gothamist about court procedures in the Luigi Mangione case.

• Derrick Hamilton, Deputy Director of the Perlmutter Center, published an op-ed in Times Union advocating for stronger discovery laws.

• Professor Peter Markowitz was quoted in Gothamist and Newsweek about ICE access to protected spaces under Mayor Adams.

• Professor Michael Pollack commented in Bloomberg on Denver’s new sidewalk repair fee.

• Professor …

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Adapting Principles To Circumstances: Maryland Shall Issue, Inc. V. Moore And The Post-Rahimi Gun Regulation Landscape, Zachary Shank

Maryland Law Review

No abstract provided.

Evidence Quiz With Answers And Explanations: Propensity, Frank Rosenblatt

Journal Articles

This quiz tests basic concepts of character, propensity, and impeachment using the Federal Rules of Evidence.

Ensuring Free, Immediate, And Equitable Access To Federally Funded Research (August 25, 2022)

Copyright, Fair Use, Scholarly Communication, etc.

Ensuring Free, Immediate, and Equitable Access to Federally Funded Research (August 25, 2022)