Law Commons^™

Ai Voice Enters The Copyright Regime: Proposal Of A Three-Part Framework, Prachi Patel

Fordham Intellectual Property, Media and Entertainment Law Journal

We are told that our voice is one of the most powerful tools we have. However, is it just as powerful if it can be replicated? Artificial intelligence has developed to the point where it can create an exact clone of a person’s voice. While there have been many advancements in this field, there are few laws that address artificial intelligence and its use. Artificial intelligence has been used to create artificial voices of well-known figures, both deceased and alive, some without their consent. This creates a need to balance the incentivization of technological development and the protection of an …

Table Of Contents

South Carolina Law Review

No abstract provided.

Gender (Discrimination) Trouble, Katharine K. Baker

South Carolina Law Review

No abstract provided.

Reflections On Arlington Heights: Fifty Years Of Exclusionary Zoning Litigation And Beyond, Robert G. Schwemm

Law Faculty Scholarly Articles

Fifty years ago, when I was two years out of law school, I began work on a case—Metropolitan Housing Development Corp. v. Village of Arlington Heights—that was destined to take on epic proportions in the housing discrimination field. The case started with a complaint filed in 1972, shortly before I joined the plaintiffs’ legal team, and was not finally resolved until 1980, after I’d left that team to become a law professor. During the seven years that I worked on the Arlington Heights case, it produced a major Supreme Court decision on standing and the Fourteenth Amendment’s Equal Protection Clause3 …

The Power Of The Electorate Under State Constitutions, Joshua A. Douglas

Law Faculty Scholarly Articles

Voters are special. They are the foundation of our constitutional democracy. Everything starts with the voters.

State constitutions, too, are special, as the recent surge in scholarship on state constitutions demonstrates.

This Article bridges the gap between various strands of scholarship on state constitutions, the right to vote, and democracy, making several novel claims about the way in which state constitutions protect voters. First, this Article canvasses all fifty state constitutions to conclude that they contain multiple levels of protection for the right to vote through numerous clauses that, in combination, elevate the status of voters in the constitutional structure. …

Covid-19 And Access To Healthcare At The Crossing Of Race, Poverty, And Rurality, Shavonnie R. Carthens

Law Faculty Scholarly Articles

Black Americans make up 7.7 percent of the rural population in the United States. During the COVID-19 pandemic many in this population found themselves at a unique intersection of inequity - being Black, poor, and residing in a rural area. Poverty is a known contributor to negative health outcomes and is a risk factor for death from coronavirus infection. The association between race and poverty, when examining infectivity and mortality rates of COVID-19, have disproportionately devastated Black Americans and other minorities. Further, research indicates the presence of a general “rural mortality penalty” wherein rural Black communities have higher death rates …

The Fourth Estate's Estate, Ramsi Woodcock

Law Faculty Scholarly Articles

The news industry in the United States faces a funding crisis because the tech giants, particularly Google and Facebook, have acceded to the advertising monopolies once enjoyed by the newspaper industry itself. Breakup of these monopolies is unlikely to restore the news industry’s profits, however, because search and social media will remain better ad distribution channels than the news whether search and social media are competitive or monopolized. A better solution to the funding crisis would be for government to divide the advertising distribution market, reallocating to the news industry some of the ad impressions taken from it by the …

Ductus Exemplo: A Model Municipal Executive Order On Food Waste Reduction, Linda Breggin, Darby Hoover, Jessica Sugarman

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Managing Hazardous Waste Pharmaceuticals In Healthcare: A Perplexing Prescription, Garrison Rosser

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

A Space Age Stuck In The Past: Should Cold War Treaties Dictate Modern Space Law?, Justin Potter

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Pollution Discrimination: The Epa’S Utilization Of Title Vi Of The Civil Rights Act To Bring Justice To Overburdened African American Communities, Lindsay Bates

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Speaking For The States: A Response To The Proposal Of Subnational Forest Federalization, Joseph White

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Artificial Intelligence And The Practice Of Law Part 2: Working With Your New Ai Staff Attorney, Michael D. Murray

Law Faculty Popular Media

No abstract provided.

Adapting A Human Rights-Based Framework To Inform Militaries’ Artificial Intelligence Decision-Making Processes, Daragh Murray

Saint Louis University Law Journal

Key global powers are engaged in the development of artificial intelligence (“AI”) for military purposes, and it is widely accepted that the development and deployment of AI tools will lead to a revolution in military strategy and the practice of warfighting. The question is whether these tools can be designed, developed, and deployed in a manner that facilitates compliance with international legal obligations—in particular the law of armed conflict and international human rights law—and if so, how. To date, this question has not been answered satisfactorily. This article examines how concepts and procedures derived from international human rights law can …

The Use Of Force Against Terrorist Attacks: The Two Facets Of Self-Defence, Nicholas Tsagourias

Saint Louis University Law Journal

This article considers the legality of the use of defensive force by a state against terrorists on the territory of a third state from where terrorists launched the attack. It first considers justifications based on attribution and on the “unable and unwilling” test. It concludes that these constructions leave many legal, factual, and conceptual questions unsettled. It thus goes on to put forward a construction based on the two facets of self-defence: a primary rule and substantive right which justifies the use of force against terrorist attacks; and a circumstance precluding wrongfulness (CPW) which excuses responsibility for the incidental breach …

How Can Sovereign States Embrace Hospitality? A Study Of The Ius Gentium Tradition And Expulsions Of Immigrants At The Border, Pedro Rodríguez-Ponga

Saint Louis University Law Journal

Migration management reflects the inescapable dialectic between immigrants’ human rights and the rights of sovereign states to control their arrival. This article focuses on two disciplines to shed some light on the dialectic: philosophy and law. The first section presents the primary authors within the ius gentium tradition that dealt with the arrival of strangers to a political community. The lens through which this article analyses these authors’ contribution is hospitality, calling for the adequate treatment the stranger deserves while considering the host community’s moral value. The second section examines the cutting-edge issue of pushback practices at the European external …

Collaborative Creac Drafting: Co-Creating An Example In Context, Julie E. Zink

Saint Louis University Law Journal

The quickest way to a student’s mind is through engagement. As legal writing professors, we can assign pages on how to organize an analysis, provide helpful examples, and orally describe the process. However, some students need a more hands-on approach. In this article, I explain my process of actively engaging students to draft their first CREAC together. By collaboratively working together to assemble this ungraded CREAC over a series of classes, the students develop an understanding of how to properly organize their analysis of a discrete issue based on the assigned facts and law. For each part of the CREAC …

The Clean Water Act Section 401 Water Quality Certification Improvement Rule And Why It Deserves Chevron Deference, Joseph Retzer

Saint Louis University Law Journal

This Article reviews the history of CWA Section 401 and finds that it supports affording EPA’s newest interpretive rule Chevron deference. The CWA Section 401 Water Quality Certification Improvement Rule serves as an important case study of the doctrine which faces mounting criticisms and two cases challenging its legality in the Supreme Court at the time of this publication. Although its application delegates lawmaking authority to unelected officials who change policies with the tides of each election, this delegation has been necessary in many areas of the law due to Congress’s failure to act in recent years. Instead of simply …

Masthead

Saint Louis University Law Journal

No abstract provided.

Do Public Accommodations Laws Compel “What Shall Be Orthodox”?: The Role Of Barnette In 303 Creative Llc V. Elenis, Linda C. Mcclain

Saint Louis University Law Journal

This article addresses the U.S. Supreme Court’s embrace, in 303 Creative LLC v. Elenis, of a First Amendment objection to state public accommodations laws that the Court avoided in Masterpiece Cakeshop v. Colorado Civil Rights Commission: such laws compel governmental orthodoxy. These objections invoke West Virginia Board of Education v. Barnette’s celebrated language: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion or other matters of opinion or force citizens to confess by word or act their faith …

Second-Tier Marriages, Jeremiah A. Ho

Saint Louis University Law Journal

This Essay interrogates the reasoning behind the retrenchment toward LGBTQ rights progress that has taken place since marriage equality. With marriage rights for same-sex couples now “on the books,” the Supreme Court’s treatment of same-sex couples in both Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n and 303 Creative LLC v. Elenis reveals the status quo’s hesitancy to recognize same-sex relationships on equal footing. Retrenchment, however, only describes the moment itself; it alludes to but offers no comprehensive or satisfying theory that identifies the motives behind the moves. This Essay theorizes from within the context of the Supreme Court’s LGBTQ …

Table Of Contents

Saint Louis University Law Journal

No abstract provided.

Masthead

Saint Louis University Law Journal

No abstract provided.

A Step In The Right Direction: Artificial Intelligence Inventorship, Nathan Elmer

Saint Louis University Law Journal

The intersection of artificial intelligence (AI) and patent law has sparked debates regarding the inventorship status of AI-assisted creations. This article examines the USPTO’s 2024 “Inventorship Guidance for AI-Assisted Inventions,” which affirms that AI systems cannot be inventors, as only natural persons can conceive inventions under U.S. law. By emphasizing human contribution as essential for patent eligibility, the Guidance draws on existing principles reinforcing that AI systems are tools rather than inventors. This article argues that the Guidance is a step in the right direction balancing the need to encourage technological innovation while also aligning with statutory language and judicial …

The Trial Of The Jurors - A Commentary On 12 Angry Men, Jonathan Van Patten

Faculty Publications

The movie, 12 Angry Men, is a fictionalized portrayal of a deliberation in a murder case from inside the jury room.  It provides a memorable treatment of the difficulty of deciding a case solely on the evidence admitted, as well as illuminating the dynamics of argument, emotion, and persuasion, particularly where deep-seated passions preclude honest evaluation of the evidence.

Table Of Contents, Loyola Consumer Law Review

Loyola Consumer Law Review

No abstract provided.

Potential Economic Impacts Of The Credit Card Competition Act Of 2023, Ling Ling Ang, Alan Grant, Peter Traber

Loyola Consumer Law Review

We consider the potential economic impacts of the Credit Card Competition Act of 2023 ("CCCA"), drawing on economic literature on two-sided markets and effects of previous U.S. regulatory policy associated with payment cards. Implementation of the CCCA shifts network routing choice from the consumer side of the market to the merchant side of the market. While this would likely decrease interchange fees, an interchange fee decrease only reflects a shift in the balance of costs from the merchant side to the consumer side not a decrease in the total price of processing a credit card transaction. A reduction in interchange …

Consumer Impacts Of California's Climate Agenda: Vehicle Electrification Agreements May Violate Antitrust Law, Jessica D. Quinn

Loyola Consumer Law Review

No abstract provided.

Student Loan Debt: The Long-Term Economic Consequences, Judith Fox

Loyola Consumer Law Review

There are nearly 1.6 trillion dollars in outstanding federal student loans and more than 59 billion in private loans. Prior to the COVID-19 pandemic student loan debt was being called a crisis. Student loan debt topped all consumer debt except mortgages. Delinquencies were rising and debtors, especially millennials, were feeling crushed under their impact. Then the COVID-19 pandemic struck, and student loan payments were put on hold, providing the conditions to examine the economic effects of student loan payments on student borrowers. This paper explores some of the effects of the student-loan debt burden has had on our economy and …

A Historical Perspective On Student Loan Cancellation, John Patrick Hunt

Loyola Consumer Law Review

No abstract provided.