Law Commons^™

Cellebrite Reliability In Digital Forensics, Christina Huynh

Shelby Hall Graduate Research Forum Posters

Forensic tools like Cellebrite are commonly used in court to gather and interpret raw data for evidence. Cellebrite does not only collect data but creates and interprets the artifacts of data to create a scene of the process it has been through. With this, evidence can be influenced by software designs and not just the data on the mobile device. Courts and police use Cellebrite to gather evidence and reconstruct it to create an easily readable dataset. These tools lack reproducibility, transparency, integrity, and chain of evidence command. Cellebrite is often used in court and by police without further vetting …

The Guarantor's Lifebuoy In The Bankruptcy Ocean, E. Jason Dennis, Carter S. Plotkin

SMU Law Review Forum

The Guarantor’s Lifebuoy in the Bankruptcy Ocean is an article by a practicing litigation law firm partner and associate based on their recent real-world experience arguing in Texas state court and federal bankruptcy court and lessons learned. The article is designed to examine an evidently underutilized bankruptcy stay exception and give actionable how-to advice on invoking it to litigators defending guarantors in scenarios they commonly face: a bankrupt principal obligor defaulting on the guarantied debt.

Rewired: Reconceptualizing Legal Services For The Ai Age, Lev E. Breydo

Faculty Publications

The legal profession is at a crossroads, caught between intensifying fears of AI-driven displacement and a generational opportunity for transformation. This Article provides a practical framework for navigating the shifting terrain.

Situating legal innovation within a multi-century arc of technological change, the Article draws on management and strategy scholarship to develop two core organizing models: the Legal Services Value Chain and the Innovation Frontier. The value chain disaggregates the lifecycle of a legal matter into five distinct nodes of activity, providing a map for subsequent analyses

Building on that foundation, the Innovation Frontier traces LegalTech’s evolution from 2000s-vintage e-discovery to …

Unsettling Ground: Rethinking Land Tenure Security In Indonesia’S Legally Plural Setting, Widya Naseva Tuslian

The Indonesian Journal of Socio-Legal Studies

This study examines the inconsistencies in various regulations regarding land and land management in Indonesia, which give rise to divergent interpretations and legal uncertainty—ultimately becoming a source of conflict that is not easily resolved. The study focuses on the protracted conflict among local residents living in 26 subdistricts in Surabaya who hold “Surat Ijo” certificates. The residents believe that, as certificate holders, they have the status of owners. Meanwhile, citing various laws and regulations on land governance, the Surabaya city government maintains that these certificates affirm the residents’ status as tenants of land assets owned by the Surabaya city government. …

Transformative Technology Or Blatant Theft: Reassessing Fair Use In The Era Of Generative Ai, Tsai-Lin Hsieh, Tsai-Fang Chen

Cardozo Law Review

The rapid proliferation of generative artificial intelligence (“AI”) applications in recent years has sparked a global “AI frenzy.” Yet, the rise of new AI technologies has also raised concerns about copyright infringement, particularly regarding whether generative AI developers should be held liable for using copyrighted works as training inputs and generating outputs that compete with original works. In response, AI developers have invoked a long line of technological fair use precedents to defend against any potential copyright infringement claims. The purpose of this Article is to offer insights into whether generative AI is a transformative technology that deserves fair use …

J Mich Dent Assoc March 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The March 2026 (Volume 108, No. 3) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Most-Asked Dental Benefit Questions, an interview with ADA Speaker Dr. Deb Peters, …

Mda Advocacy: Advocacy Continues Despite A Challenging Climate, James Budd Mpp

The Journal of the Michigan Dental Association

This update reviews the MDA's legislative efforts during a period of significant gridlock in the Michigan Legislature. It highlights key priorities such as bills addressing virtual credit card payments and dental specialty advertising. The source emphasizes that advocacy remains essential even when progress is slow, as it builds the relationships necessary for future success. Additionally, it outlines the "MDA Service Promise" and announces an upcoming PAC competition at the Annual Session to support the association's political activities.

Article Iii Standing And The Public Interest Class Action, Sharon Brett

Cardozo Law Review

This Article suggests a new focus for Article III standing in public interest class actions brought under Federal Rule of Civil Procedure 23(b)(2). Rule 23(b)(2) is a vital tool for protecting communities from civil rights abuses. It is also receiving new attention in the wake of Trump v. CASA, the Supreme Court’s decision in June 2025 that severely restricted the use of nationwide injunctions. Rule 23(b)(2) cases seek only injunctive relief and are designed to permit individuals to pool their adjudicative power to prevent constitutional violations by government officials. A complicated web of doctrinal entanglements, including a heightened requirement for …

Table Of Contents, Cardozo Law Review, Volume 47, Issue 3

Cardozo Law Review

No abstract provided.

Necessity Or Preference? Navigating The Role Of Physical Presence In The Post-Pandemic Workplace, Shelby Wray

Cardozo Law Review

The COVID-19 pandemic fundamentally altered how society conceptualizes the spatial boundaries of the workplace, proving that businesses can operate effectively without requiring employees’ physical presence. As remote work gained legitimacy during the pandemic, longstanding assumptions about where jobs can be performed—and where legal protections apply—have come into question. In particular, the scope of the Americans with Disabilities Act (ADA) has become increasingly hazy, especially regarding when the ADA is triggered outside of the physical workplace.

Currently, there is a circuit split as to whether employees with disabilities are entitled to ADA protections for their commute to work. This Note addresses …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

Resurrecting Immigration Releases, Lindsay Nash

Articles

The nation’s “mandatory” immigration-detention laws sustain its largest civil-imprisonment system—and just radically expanded in scope and breadth. These laws consign broad swaths of suspected noncitizens to no-bail pretrial detention, denying tens of thousands of people facing civil regulatory charges any chance to prove they need not be detained. These laws turn split-second arrest decisions into jail sentences. They force people to give up meritorious claims. And they confound the historic presumptions—liberty, innocence, prosecutorial discretion, and bail—that undergird other pretrial-detention regimes. Although mandatory immigration detention conflicts with fundamental constraints on analogous detention regimes, the Supreme Court has treated it as exceptional …

Your Face As Property: Ip Strategies Beyond Right Of Publicity, Nick Cipriani

Cardozo Arts & Entertainment Law Journal (AELJ) Blog

During the Second Industrial Revolution, the source of goods became more important than ever as railroads expediated travel and access to goods across the United States. Today, the United States is in the midst of its third industrial revolution, a digital revolution fueled by silicon and microchips. This digital revolution is unlike the previous two industrial revolutions because biometrics have become commodities. The technologies and goods coming out of the digital revolution are multifaceted. First, they provide a physical good through appliances that allow for communication and shopping, among other things, across geographic borders. Second, they function as a service …

Success And Flourishing In Singapore: The Impact Of Laws And Policies On The Ethos And Character Of A People, Seow Hon Tan

Research Collection Yong Pung How School Of Law

According to virtue jurisprudence, good laws can be conducive to virtuous living; poor laws can contribute to character vices and entrench prejudices. This article focuses on what lies beyond the strict categorization of virtue and vice simpliciter—the ethos and mindset of a people. Using a case study of Singapore, this article examines how law, conceived of in the broadest sense as including policies chosen in a legal regime that leaves the concretization of policies to government bodies, can diminish the capacity and desire of individuals to live examined lives in pursuit of eudaimonia or flourishing. Insofar as living examined lives …

China And International Economic Dispute Settlement: Disaggregating The State, Gregory Shaffer, Ji Li, Henry S. Gao

Research Collection Yong Pung How School Of Law

Most studies take a unitary state-centric approach to assessing China’s relationship with international economic law. In contrast, we provide a more nuanced approach that assesses variation in China’s engagement. We examine the role of different Chinese state and non-state actors, considering their interests, ideological frames, institutional contexts, and relation to state power. We illustrate our analytic framework by examining China’s response to and engagement with international dispute settlement systems in three areas: international commercial arbitration, international trade dispute settlement, and investor–state arbitration. Our approach is important for global cooperation in discrete policy areas so that the West does not ‘other’ …

Disciplining Mechanisms: Governing Data Markets With Competition And Regulation, Peter Ormerod

Faculty Publications

The past decade has witnessed conceptual renewals in both competition law and information privacy law. These regulatory movements—Neo-Brandeis antitrust and structural data governance—share the objective of recalibrating the balance of power between individuals and the massive data-processing firms that now dominate modern life.

Despite their common ends, policy interventions drawn from these schools of thought can work at cross purposes: competitive pressure can induce data exploitation, and privacy rules tend to benefit the largest firms.

This Essay exposes the friction in their relationship and offers guidance on how to mediate their tension. Competition policy alone will prove ineffective at indirectly …

Online Age Gating: An Interdisciplinary Evaluation, Noah Apthorpe, Brett Frischmann, Yan Shvartzshnaider

Faculty Publications

The recent surge in regulation seeking to establish age-based governance online is part of a decades-long attempt to establish online zoning. It is driven by active development of technologies to estimate or verify user age based on various characteristics of users, their credentials, or their activities. However, these developments have heightened prevailing concerns that online age gating technology will inevitably be abused and misused to cause a variety of privacy harms and rights infringements. This paper examines this ongoing debate by bridging technical and legal scholarship to explore the current state of online age-based governance. We discuss the current legal …

Copyrighting Nature, Cathay Y. N. Smith -- Professor Of Law

Vanderbilt Law Review

This Article introduces a "work of nature" doctrine for copyright law. In 1903, the U.S. Supreme Court established the principle in copyright law that, while anyone can copy the original source of a copyrighted work, they cannot copy an author's copy of the original source. A century later, the U.S. Court of Appeals for the Ninth Circuit hinted at a "work of nature" exception, suggesting that even if copying the copy is restricted, copying elements of expression that nature displays for all observers is permissible. U.S. patent law excludes products of nature from protection, but this Article is the first …

Opting Out Of Court? Reputation And Informal Norms In Private Equity, Kobi Kastiel Professor Of Law, Yaron Nili Professor Of Law

Vanderbilt Law Review

Private equity, an industry characterized by high-stake investments and complex contractual arrangements, operates almost entirely outside of courts. Despite the substantial financial stakes involved--billions of dollars locked in for years--and the potential for fiduciary conflicts, litigation between limited partners ("LPs") and general partners ("GPs") who manage the investment is exceptionally rare. In stark contrast to public markets, where shareholder litigation plays a prominent role in deterring misconduct and shaping corporate norms, the private equity world is largely defined by its absence. The puzzle, then, is this: In an industry where fiduciary breaches or misaligned incentives are not uncommon, why do …

Beyond Redemption?: Examining The Sixth Circuit’S Dangerousness Approach For As-Applied Challenges To The Felon-In-Possession Ban, Jack Baker

Vanderbilt Law Review

The federal felon-in-possession statute permanently bans felons from possessing firearms, regardless of the severity of the predicate felony conviction. Both a murder conviction and a mail-fraud conviction equally satisfy the statute's elements. Critics thus argue that the statute is too expansive. Despite the criticism, the felon-in-possession ban has generally survived Second Amendment challenges. But the U.S. Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen opened a new angle for constitutional challenges to the felon-in-possession ban. In Bruen, the Supreme Court established a history-and-tradition test for Second Amendment cases. Courts must now find historically analogous gun …

Can Legal Knowledge Save Lives? A Randomized Experiment In Preventive Health Screenings, Christopher Robertson, Wendy Netter Epstein

Faculty Scholarship

While the U.S. healthcare system typically imposes significant out-of-pocket costs, the Affordable Care Act (ACA) requires full insurance coverage for certain preventive health services (PHS), including cancer screenings, without cost-sharing. Despite this policy, one in four eligible Americans remains unscreened for breast, colorectal, and cervical cancer, which increases their risk of premature death. We hypothesize that a lack of awareness about the ACA’s free care requirement contributes to this gap and that explicitly informing patients could increase screening uptake. Additionally, we investigate whether prior experiences with medical debt deter individuals from seeking even cost-free care, reflecting a spillover effect of …

Compensation For Victims Of Crimes: Should Victims’ Financial Means And Insurance Coverage Matter? — Criminal Procedure Code 2010, S 359(1); Public Prosecutor V Ong Eng Siew [2025] Sghc 55, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Under s 359(1) of the Criminal Procedure Code 2010, the court can order an offender to compensate the victim with a sum which the victim would have been able to recover in a civil claim in tort against the offender. The courts have used this useful power extensively, though problems remain. One such problem is seen in Ong Eng Siew, where the court declined to make a compensation order. Given the purpose of the compensation system, the court was not correct to hold – in effect – that the purpose of s 359(1) is to benefit only impecunious victims, and …

Ia Et Maintien De L'Ordre : Rapport De Synthèse Des Connaissances Sur La Gouvernance Et L'Utilisation De L'Intelligence Artificielle Par La Police Au Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Les services de police de partout au Canada utilisent, ou explorent, un large éventail de technologies d'intelligence artificielle (IA), y compris la reconnaissance faciale, le maintien de l'ordre prédictif basé sur la localisation, les lecteurs de plaques d'immatriculation automatisés, les rapports de police assistés par IA, la reconnaissance d'objets et l'analyse vidéo, la surveillance des médias sociaux, la détection de coups de feu, le génotypage probabiliste et l'exploration de données.

Bien que promettant des avantages en matière de productivité et de sécurité publique, ces outils soulèvent également diverses préoccupations et risques. Le Canada manque actuellement de mesures législatives et de …

Long-Term Consumer Welfare, Rebecca Haw Allensworth

Vanderbilt Law Review

Consumer welfare is not monolithic. Antitrust policy that pursues it as a goal must trade off the various incommensurable values that make up the consumer experience. Perhaps the most important of these-and the most poorly theorized-is the trade-off between consumers' short-term and long-term welfare. Many business practices that might be challenged as exclusionary or unreasonable restraints of trade can benefit consumers on one time horizon while hurting them on another. Often the trade-off is between short-term quality or price effects and long-term consequences for competitive entry and incentives to innovate. These disparate effects are well understood by economists, yet economics …

When Detention Becomes A Death Sentence: The Urgent Need For Greater Due Process Protections For Ice Detainees, Kyle J. Smith

Vanderbilt Law Review

This Note argues that U.S. immigration detention, though legally classified as civil, operates as a punitive carceral system that routinely subjects immigrants to abuse, neglect, and preventable death. Drawing on the tragic case of Ernesto Javier Rocha Cuadra and other documented instances of physical violence, medical neglect, solitary confinement, and sexual abuse, it demonstrates how U.S. Immigration and Customs Enforcement ('ICE') relies on detention as a default mechanism rather than as a last resort. The result is a system that mirrors the criminal legal system in scale and severity but denies detainees its constitutional safeguards.
The analysis situates the rise …

Ai & Policing: Knowledge Synthesis Report On The Governance & Use Of Artificial Intelligence By Police In Canada, Benjamin Perrin, Geoffrey Liew, Isabelle Sweeney

All Faculty Publications

Police services across Canada are using, or exploring, a broad range of artificial intelligence (AI) technologies, including facial recognition, location-based predictive policing, automated licence plate readers, AI-assisted police reports, object recognition and video analytics, social media monitoring, gunshot detection, probabilistic genotyping, and data mining.

While promising productivity and public safety benefits, these tools also raise various concerns and risks. Canada currently lacks AI-specific legislation and regulations governing these new technologies, or even a statement of principles on the governance and use of AI by police.

« À La Fois Une Fierté Et Un Vertige » : Dire Le Droit Des Personnes Et De La Filiation En Contexte De Réforme (2022-2025), Régine Tremblay

All Faculty Publications

Quelle chance d’écrire sur une réforme du Code civil du Québec pour célébrer les 50 ans du Centre Paul-André Crépeau ! Depuis l’arrivée au pouvoir de la Coalition Avenir Québec (CAQ) en 2018, le fond et la forme du droit des personnes et des familles ont été transformés. Entre 2021 et 2025, le gouvernement majoritaire de la CAQ a déposé quatre projets de loi, un chantier par étapes que le ministre de la Justice et Procureur général du Québec, M. Simon Jolin-Barette, qualifia pour sa part de « première réforme majeure »  en droit de la famille depuis 1980. Pour …

Government Religious Speech And The Establishment Clause, Mark Storslee Associate Professor, Michael Helfand

Vanderbilt Law Review

The government says religious things. From monuments and holiday displays to legislative prayers, religion saturates the government's public voice. But how can that be permissible when the Establishment Clause, at least in theory, indicates the government should be religiously neutral?
So far, the Supreme Court's attempts to address the puzzle have come up short. Early on, the Court suggested that seemingly all government speech must be secular, or that it refrain from "endorsing" religion. But the Court never consistently enforced those limits, struggling to reconcile them with America's historical experience. And in recent years, the Court has rejected those approaches …

The Brave New World Of Judicial Election, Charles G. Geyh

Articles by Maurer Faculty

The 2023 Wisconsin Supreme Court election heralded the arrival of a new generation of judicial races in which state supreme courts are becoming war-torn forums for the resolution of deeply divisive policy questions that the federal courts and the other branches of government are unwilling or unable to address. It is a development that portends to be of unprecedented intensity, relative to the fractious “new politics of judicial elections” of the recent past and poses new challenges for legal theory and the existing judicial elections literature to explain. It adds new urgency to an increasingly stark choice: fight for the …

The Pay-To-Train Paradigm: How Private Settlements Are Rewriting Generative Ai Copyright Law, Kevin Afiesh

UC Law Journal

The legal landscape for generative artificial intelligence (AI) and copyright is now shaped more by private settlements that overwhelmingly favor copyright holders than by courts or legislators. As AI companies rely on copyrighted materials to train their models, content owners have filed lawsuits challenging these practices. However, instead of clarifying fair use limits in court, most disputes are resolved through private settlements. These agreements impose licensing fees, content restrictions, and compliance requirements, creating a shadow regulatory system that governs how AI companies access and use training data. Although courts and agencies have begun to weigh in, their interventions offer only …