Law Commons^™

Copyright Extraterritoriality, Timothy R. Holbrook

San Diego Law Review

The presumption against extraterritoriality is a fundamental principle of U.S. law, yet its application to copyright law remains unsettled.  In recent years, the Supreme Court has formalized a two-step methodology for assessing the extraterritorial scope of federal statutes, culminating in RJR Nabisco, Inc. v. European Community.  Despite this doctrinal shift, lower courts have inconsistently applied this framework to copyright infringement cases.  In an age of digital streaming and generative AI using training data globally, this state of affairs is unsatisfactory.  This Article examines the evolving state of copyright extraterritoriality in light of the Supreme Court’s recent jurisprudence.  It explores …

California: Garment Labels Liable For Wages, Alan Hyde

Dispatches

GARMENT WORKERS IN CALIFORNIA SINCE 2022 may collect their wages, not merely from the production facility that employs them, but alternatively from the garment labels and some retailers for whom the facility produces garments. Such joint and several liability is unique in the world. It has long been the goal of garment worker activists around the world, for garment work everywhere is both low-paid and easily mobile. Wage theft, that is, nonpayment or underpayment of wages, is also common in California (U.S. Department of Labour, 2023). How is the statute working out?

A Tripartite Experiment In Australia: Seeking To Improve Compliance Through Collaboration, Tess Hardy, Stephen Clibborn, Joel Cutcher-Gershenfeld

Dispatches

In this dispatch, we examine one of the most significant strategic experiments to emerge in the recent past: a tripartite initiative launched in late 2024 in which the FWO is seeking to actively collaborate with representatives of business and unions in new and more meaningful ways. While tripartism is well established in setting standards, it remains relatively novel in the context of compliance and enforcement.

Expanding Access To Justice Through Legal Tech Innovation And Education: Aals Panel Discussions, Miguel Willis, April Dawson, Antonio Coronado, Diego Alcalá Laboy, Mark Williams, Margaret Hagan, Leighanne Thompson, Drew Amerson, Dan Jackson, Andrew Perlman

Seattle University Law Review Online

The 2025 AALS Annual Meeting featured a half-day AALS Symposium entitled, “Expanding Access to Justice Through Legal Tech Innovation and Education." Panel One was moderated by Miguel Willis and featured three panelists: April Dawson, Antonio Coronado, and Diego Alcalá Laboy. Panel Two was moderated by Mark Williams and featured two panelists: Margaret Hagan and LeighAnne Thompson. Panel Three was moderated by LeighAnne Thompson and featured four panelists: Drew Amerson, Dan Jackson, Andrew Perlman, and Miguel Willis. This article features transcripts from all three panels, edited for clarity and readability.

Adversaries And Experts: Legal Tradition Versus Empirical Science, André M. Peñalver

Seattle University Law Review Online

The modern courtroom can become a battleground between two epistemologies: the adversarial logic of law and the empirical rigor of science. Using a case involving a neuropsychological exam under Washington Civil Rule 35, this Article explores the tension between these traditions. While medicine embraced the Scientific Revolution, law remains tethered to its medieval Scholastic roots. The Article argues for humility and integration of evidence-based reasoning within the adversarial process.

Cardozo Law News Brief: February 13, 2026, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

Highlights from the February 13, 2026, Cardozo Law News Brief include:

• Professor Lindsay Nash spoke to The Intercept about Google complying with ICE subpoenas, raising concerns about privacy rights and the lack of judicial oversight for individuals whose data is disclosed.

• Professor Peter Markowitz was quoted in Gothamist regarding ICE’s arrest of an immigrant at a New York City courthouse, describing the ongoing tension between federal enforcement efforts and NYC sanctuary laws.

• Professor Zalman Rothschild’s congressional testimony on religious opt-outs in school lessons was covered by UPI, where he discussed the constitutional limits and implications of broad religious exemptions. …

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V.62-4, 2025 Masthead

San Diego Law Review

No abstract provided.

Proportionality And Theft, Christopher T. Wonnell

San Diego Law Review

Criminal law can serve a variety of utilitarian purposes including deterrence, incapacitation, and rehabilitation.  Nevertheless, there is broad agreement among criminal justice scholars that the pursuit of these purposes should be constrained by a requirement that punishment not be disproportionately severe relative to the offense charged.  The proportionality constraint is likely to be especially important when considering the less heinous predatory crimes such as nonviolent thefts.  Recent years have seen experiments by progressive prosecutors who deemphasize theft offenses as well as statutory schemes that treat many thefts as misdemeanors.  With some empirical support, critics charge that these experiments have increased …

Passive Choice And The Fourth Amendment, A. Shea Daley Burdette

San Diego Law Review

Does the Constitution allow waiver of Fourth Amendment rights through passive choice? What about through the choice of others? Based on current Supreme Court precedent, the answer is frustratingly unclear. For example, a copious amount of information is constantly disclosed to phone companies. The Supreme Court has recognized that having a cell phone is an inescapable choice today and that disclosing one’s location information to the cell phone company is automatic in nature. Each fact is considered relevant to determining whether an individual has a reasonable expectation of privacy in the information disclosed to third parties—which then affects whether the …

Navigating Risk Factor Disclosures: A New, Outlier Ninth Circuit Approach Remains After The Supreme Court Declines To Resolve A Circuit Split In In Re Facebook Securities Litigation, Jessica K. Kocinski

San Diego Law Review

This Casenote examines the implications of the Supreme Court’s recent decision in Amalgamated Bank to dismiss Facebook’s writ of certiorari as improvidently granted, thereby allowing the shareholders’ securities fraud class action lawsuit to proceed in the lower courts.  Specifically, it focuses on whether Facebook shareholders adequately alleged securities fraud under Section 10(b) and Rule 10b-5 as to challenged risk factor disclosures in Facebook’s 2016 Form 10-K under the PSLRA’s heightened pleading standard.  Part II of this Casenote provides background on the Cambridge Analytica data breach, which Facebook allegedly failed to disclose in its 2016 Form 10-K risk factor disclosures.  Part …

On The Nation’S Doorstep: How The Ninth Circuit Ruled Against Metering And Redefined The Border For Asylum Seekers, Samantha Fakhimi

San Diego Law Review

This Note examines the Ninth Circuit’s decision in Al Otro Lado and its implications on evolving federal immigration policies.  Part II analyzes the history of metering in the United States, including prior judicial treatment of the practice and its unlawfulness as determined by the district court’s prior holding.  Part III summarizes the Ninth Circuit’s majority opinion in Al Otro Lado, while setting forth the case’s legal implications within the larger federal landscape, including the broadened scope of government obligation to asylum seekers.  Part IV proposes next steps that could be taken by the legislature in response to practical constraints …

Punishment And Regret, Michelle Madden Dempsey

Faculty Publications

This essay is a contribution to a symposium on Adam Kolber’s Punishment for the Greater Good. As the title suggests, the essay focuses on the issues of punishment and regret. Its main thrust is a critique of Kolber’s failure to acknowledge the salience of retrospective normativity. This failure divorces Kolber’s attempt to justify punishment from our actual current carceral practices, which are fundamentally backward-looking responses to past (actual or supposed) wronging. It also limits Kolber’s ability to account for the normative reasons we have to regret these practices: mistaking regret as solely a matter of feeling and human psychology, while …

Father Of The Bride: Vindicating Deanda’S Claim Against 42 C.F.R. § 59.10(B), Matthew S. Mcguire

Helms School of Government Undergraduate Law Review

Across the judicial landscape of U.S. Circuit Courts of Appeals, no state shall deprive any person of life, liberty, or property, without due process of law or at the prerogative of Congress and HHS. Veiled behind the complexity of administrative law, 42 C.F.R. § 59.10(b) precludes parental consent notifications for all Title X services for all parents. In 2020, the HHS Final Rule came to light after the District Court for the Northern District of Texas vacated the directive. Although the 5th Circuit affirmed and reversed in part, HHS does not enforce § 59.10(b) in Texas. For the rest of …

Fi-Fractured Policy: Problematic Preemption Provisions Under The Epa’S Fifra, Eric Mathemeier

Helms School of Government Undergraduate Law Review

The American people have long believed that nutrition is the main factor they should consider when purchasing produce. However, Americans are starting to worry that pesticides are infiltrating their food, namely their fruits and vegetables, and they would not be incorrect. Across many studies, surveys consistently find that 60% of Americans believe pesticides are bad for their health and have admitted to refraining from buying produce due to pesticide labeling. Only one in four Americans trusts the federal government with the responsibility of trustworthy and safe pesticide use.

Because of this, the United States Environmental Protection Agency (EPA) has worked …

Finding Research Datasets And Evaluating Data Quality, Ibis Anette Moreno-Lozano Phd.

Day Family Research Lab Workshop Series

No abstract provided.

The Fashion Law Names Cardozo A Top Law School For Fashion Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Fashion Law recognized Cardozo School of Law as one of its Top Law Schools for Fashion Law, highlighting the school's interdisciplinary curriculum, the FAME Center, and its student-run Fashion Law Society. The announcement also notes the upcoming celebration honoring Barbara Kolsun and the FAME Center's anniversary.

Artificial Intelligence In The Prosecution Of International Crimes, Marta Bo

International Law Studies

International criminal prosecutions face growing evidentiary challenges due to the vast and heterogeneous digital material generated during conflicts, including user-generated videos, social media, and intercepted communications. This article examines the potential role of artificial intelligence (AI) in supporting investigations and trials before the International Criminal Court (ICC). Rather than replacing judicial decision-making, AI can assist with specific tasks, particularly in establishing contextual elements and linkage evidence central to international crimes. The article explores three main areas: AI-driven biometric tools for facial and speech recognition; AI techniques for detecting patterns of violence and mapping command structures; and applications during trial proceedings, …

Ethics Of Artificial Intelligence For Lawyers: That Is The Sound Of Inevitability: Legislatures And Regulators Step In, Cliff Mckinney

Arkansas Law Notes

In The Matrix, the evil artificial intelligence entity, Agent Smith, corners the human hero, Neo, on the subway tracks. Agent Smith says, “You hear that Mr. Anderson? . . . That is the sound of inevitability. . . .” And if there is one thing that is inevitable, it is that regulations will quickly develop around the way that we interact with and utilize artificial intelligence.

No matter how innovative or disruptive artificial intelligence may be, lawmakers and regulators will not allow it to operate unchecked. Congress recently elected not to impose a moratorium on state regulation, and California has …

Cosby V. Leslie, 142 Nev. Adv. Op. 11 (Feb. 12, 2026), Madeleine Langhoff

Nevada Supreme Court Summaries

In Cosby v. Leslie, the Nevada Supreme Court held that "intrusion" under NRS 200.364(9) requires entry into a genital or anal opening, meaning conduct lacking such intrusion does not constitute sexual assault under Nevada law.

Gold Standard Ventures (Us) Inc. V. Thorson, 142 Nev. Adv. Op. 10 (Feb. 12, 2026), Lauren Jung

Nevada Supreme Court Summaries

The Court affirmed the district court's dismissal of Orla's petition for judicial review, finding that a party must have an existing personal or property right affected by the challenged decision to have standing. The Court therefore found that Orla had no standing to bring suit.

Criminal Appellate Defense, Cardozo Criminal Law Society

2025–2026 Flyers

Join us for an insightful vent from the talented and accomplished Kayla Kelly, who will discuss her work in criminal appellate defense and law school advice.

Supreme Court Decision: Skrmetti And The Future Of Trans Rights, Floersheimer Center For Constitutional Democracy

2025–2026 Flyers

No abstract provided.

"Zekerheidsoverdracht & Zekerheidscessie", Ridwan Suselo

Jurnal Hukum & Pembangunan

Abstract

Sedikit Tentang Undang-Undang Pokok Agraria (U.U.P.A.) Dan Praktek Pelaksanaannya, Abdurahman S.H.

Jurnal Hukum & Pembangunan

Abstract

Pertanggungan Jawaban Hukum Mengenai Masalah "Tanah Oloran" "Tanah Bantaran" Pada Aliran Bengawan Solo, Wisnu Susanto

Jurnal Hukum & Pembangunan

Abstract

Aspek Hukum Pasar Modal (Bagian 2), Soemantoro Fhui

Jurnal Hukum & Pembangunan

Abstract

Masthead, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

From Presumed Intent To Programmed Performance: Smart Contracts And The Future Of Contract Law, Amir Bushansky

Cleveland State Law Review

Smart contracts—self-executing agreements operating on decentralized blockchain networks—challenge the fundamental assumptions underlying traditional contract law. This Article challenges the prevailing scholarly approach that seeks to reshape smart contracts to fit existing doctrinal frameworks. Instead, it argues for adapting contract law itself to better accommodate smart contracts, given their unique advantages in cyberspace. Building on two complementary premises—that contract law primarily operates as “mimicking law,” reflecting the presumed expectations and preferences of contracting parties, and that default rules function as behavioral reference points that shape party behavior—the Article develops a positive theory predicting the expectations and preferences of parties entering into …

Valentine Act And Sherman Act: Separate And Distinct Antitrust Regimes, Thomas J. Collin

Cleveland State Law Review

The Ohio Supreme Court has held that the Valentine Act was patterned after the Sherman Act and should be interpreted in light of federal court interpretations of the Sherman Act. The Court was wrong, and its error persists. With the exception of a private right of action provision and a borrowed definition, nothing in the Valentine Act was derived from the Sherman Act. The holding ignores text and legislative history and has foreclosed development of any independent jurisprudence for a statute intended by the General Assembly to address grave antitrust abuses. This Article analyzes the Court’s error, details the origins …

The Taxing Ambiguity: Defining "Return" In Bankruptcy Dischargeability Cases, Elizabeth Tsai

Cleveland State Law Review

This Note examines the circuit split over the dischargeability of tax debts tied to late-filed returns, which has led to inconsistent bankruptcy outcomes and inequitable treatment of debtors across jurisdictions. Some courts, adopting the strict “one-day-late” rule, hold that any tax return filed even a single day past its deadline is not a “return” for bankruptcy discharge purposes, permanently barring relief. Others apply a more flexible standard grounded in the Beard test, considering a debtor’s good-faith compliance efforts. This inconsistency contradicts the fresh start principle of bankruptcy law, disproportionately harms low-income debtors, and fails to serve the government’s tax collection …