Law Commons^™

On Copyright And Social Policy, Graham Reynolds

All Faculty Publications

This paper advocates for a view of copyright not as economic incentive or reward, but as a critical piece of a broader social policy, the goal of which is to help build a just and inclusive society. Copyright can play an important role in helping build such a society, in that the exclusive rights granted to creators under copyright legislation, as well as the limits placed on those rights, can be structured in ways that help advance this goal. However, copyright alone can only do so much. In seeking to build a just and inclusive society, copyright must be embedded …

Nil Education At Universities As Student Athletes Face The Wild West, Ainsworth A. Bailey, Geoffrey Christopher Rapp, Shawn Tysiak

Fordham Law Review

No abstract provided.

Title Ix And Athlete Compensation In The Postamateurism Era, Erin Buzuvis

Fordham Law Review

No abstract provided.

Of Labor, Antitrust, And Why The Proposed House Settlement Will Not Solve The Ncaa’S Problem, Marc Edelman, Michael A. Carrier

Fordham Law Review

The National Collegiate Athletic Association (NCAA) recently settled three antitrust lawsuits. With a significant payout, it hopes to put its antitrust worries behind it. In doing so, the NCAA seeks to follow in the footsteps of the National Football League (NFL), which has enjoyed thirty years of labor peace. But there is a big difference between these two situations. The NFL’s 1993 settlement in White v. National Football League was shielded from antitrust scrutiny by the nonstatutory labor exemption, which encourages collective bargaining activity. No such exemption protects the NCAA’s settlement. This Essay explains why the NCAA cannot establish a …

Life After Employee-Status In College Sports, Marc Edelman, John T. Holden, Michael A. Mccann

Fordham Law Review

National Collegiate Athletic Association; NCAA; college sports; intercollegiate sports; college athletes; college-athlete employee; amateurism; worker; employee; employment status; collective bargaining; single-employer bargaining units; Multiemployer Bargaining Units; Joint Employer Bargaining Units; antitrust

Re-Recording The Record: The Case For A Stronger Moral Right Of Integrity In The United States, Alexandria Touron

Fordham Law Review

In the United States, musical artists have limited legal recourse over transferring ownership of their music to third parties, even when such transfers may harm the artist’s reputation or the integrity of the work. Even the most prominent musicians, like Taylor Swift, must operate within an industry structure that normalizes the transfer of rights and, thus, control of their creative works. This occurs because U.S. law ties artists’ rights almost exclusively to economic ownership of their work unless they specifically bargain to keep their moral rights. However, most other countries have comprehensive moral rights frameworks where all artists can protect …

Law-Following Ai: Designing Ai Agents To Obey Human Laws, Cullen O'Keefe, Ketan Ramakrishnan, Janna Tay, Christoph Winter

Fordham Law Review

Artificial intelligence (AI) companies are working to develop a new type of actor: “AI agents,” which we define as AI systems that can perform computer-based tasks as competently as human experts. Expert-level AI agents will likely create enormous economic value but also pose significant risks. Humans use computers to commit crimes, torts, and other violations of the law. As AI agents progress, therefore, they will be increasingly capable of performing actions that would be illegal if performed by humans. Such lawless AI agents could pose a severe risk to human life, liberty, and the rule of law.

Designing public policy …

Wartime Homefront Medical Ethics, Nili Karako-Eyal, Shelly Kamin-Friedman, Maya Pered Raz

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Medically Necessary Abortions After Dobbs: What, If Anything, Has Changed?, Maura K. Quinlan, Paul B. Linton

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Person-Centered Pluralism About Contract Theory, C. Scott Pryor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The States’ Response To Dobbs V. Jackson Women’S Health Organization, Clarke D. Forsythe, Carolyn Mcdonnell

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Debate On Trying Minors Who Commit Adultlike Offenses As Adults: A Middle-Ground Contribution, Philip C. Aka

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Generative A.I., Virtual Child Pornography, And The First Amendment: Time To Reconsider Ashcroft V. Free Speech Coalition?, Seth Atisha

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

United We Bargain, Divided We Beg: Constitutional Concerns Of State Anti-Captive Audience Laws, Ryan Hocking

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Nontestimonial: State Child Hearsay Exceptions In The Post-Crawford Era, Mckenzie J. Brummond

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Too Much Sunlight: Is Supreme Court Tv A Good Idea?, Harrison Richter

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

What’S Wrong With Inflicting Death? Evaluating Marquis’S “Future Of Value” Account, Christopher Kaczor

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Primacy Of Parental Authority In End-Of-Life Decisions For Children, Patrick A. Tully

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Undue Influence And Religious Donations In The Execution Of Wills, Andrew E. Coffey

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Physician-Assisted Suicide And The Doctrine Of Standing: Deficiencies Of Traditional Standing Application And The Case For Alternatives, Owen D. Macaulay

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Optimizing Death To Effectuate Deterrence, Lucas Brolin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Remedying Public Disapproval Of The Supreme Court: Expanding The Role Of The Public Information Officer, Brown James

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Political Deepfakes And The Limits Of The Law, R. George Wright

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Dilemmas Of The 2023 Merger Guidelines, Aurelian Portuese

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The End Is Still To Come: How The Law’S Interaction With Digital Replicas And Derivative Digital Replicas Will Shape The Future, Spencer Kweskin

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The World’S Oldest Profession Needs New Answers, Ariana Zaimi

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

The Case For Climate Refugee Protection, Nicole Theriot

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.

Avoiding Spacex's Giant Leap Backwards For Mankind: Why The Nlrb Leadership Is Constitutionally Protected And How To Keep It That Way, Clara Goldrich

Brooklyn Law Review

Companies like SpaceX and Amazon are arguing in federal court that the structure of the National Labor Relations Board (NLRB) unconstitutionally protects its Members and administrative law judges (ALJs) from presidential removal. President Donald Trump’s firing of Member Gwynne Wilcox, the ensuing litigation, and the Supreme Court’s grant of certiorari in an analogous case, Trump v. Slaughter, has kicked the constitutional question of NLRB leadership removal protections into high gear. This Note examines the constitutionality of NLRB Member and ALJ removal protections. Under current Supreme Court precedent, NLRB Member removal protections are likely constitutional. However, the Court has recently signaled …

A Critique Of Findings On Gun Ownership, Use, And Imagined Use From The 2021 National Firearms Survey: Response To William English, Deborah Azrael, Joseph Blocher, Philip J. Cook, David Hemenway, Matthew Miller

SMU Law Review

For a paper that has not yet been through peer review or even been formally published, William English’s “2021 National Firearms Survey” has been remarkably prominent in gun rights advocacy and scholarship. As of December 2024, it has been cited in roughly sixty-five briefs, invoked at oral argument in the Supreme Court and multiple courts of appeals, and regularly cited in public writings and published academic work.

This response is offered in the spirit of a peer review. Our focus is on methodological issues, questionable statistical results, and problematic conclusions. Because of serious methodological issues, English’s draft fails to provide …

Judge–Scholar Collaboration And The Second Amendment, Andrew Willinger, Eric Ruben

SMU Law Review

Legal scholarship is overly abstract and theoretical, making it unhelpful to judges and lawyers. That, at least, is the classic critique from the bench. When it comes to the Second Amendment, however, a different pattern has emerged: judges consistently cite law review articles and look to the academy for guidance. Most recently, in United States v. Rahimi, some Justices went further, implicitly inviting more scholarly work to help the Court answer open questions raised by its novel methodological approach to the Second Amendment. This Article explores this aberrant trend.

We raise several explanations for the distinctive scholarly role in …