Law Commons^™

Who's Afraid Of Copyright And Ai?, Deborah R. Gerhardt

Faculty Publications

Copyright and AI need not be a copyright no man’s land. Recent decisions by the Copyright Office have gotten so much media attention that many creators are unsure if they can secure copyright protection if they use AI as a creative tool. The proposed creative control paradigm can help us all tackle the challenge of determining when works created with the assistance of AI are copyrightable. Instead of relying on long-established nuanced precedent for protecting works generated with new technology, the Copyright Office asserts that any content generated with assistance from AI tools is unprotectable. This position is radically inconsistent …

Choice Of Law In Terrorism Cases, John F. Coyle

Faculty Publications

When an Iranian-backed terrorist group operating out of Lebanon detonates a bomb in Israel that kills a U.S. citizen domiciled in Texas, what law governs civil claims brought against Iran in the District of Columbia? Some version of this choice-of-law question has been presented to U.S. courts many times over the past two decades. Their answers have been frustratingly inconsistent. In some cases, courts have applied the law of the place of the attack. In others, they have applied the law of the plaintiff’s domicile. In still others, they have applied the law of the forum where the plaintiff brings …

Contractual Democracy From Statehouse To School Board: Shifts In Legislation And School Board Authority In Kentucky, Hannah M. Edelen

University of Kentucky Doctoral Dissertations

School boards have long been regarded as a cornerstone of American democracy, providing local governance over public education. While considerable scholarship highlights the increasing involvement of state and federal governments in education, relatively few studies examine with specificity how legislatures shape the local authority of these governance structures. This study investigates how the Kentucky State Legislature has influenced the authority of local school boards over three legislative sessions (2020–2022) and how board members perceive their evolving role. Using a multi-method approach and conceptualized in principal-agent theory, this research contributes to understanding how legislatures shape the governing responsibilities of school boards …

False Idols In The Early History Of International Taxation, Wei Cui

All Faculty Publications

A careful reading of recent scholarship on the early history of international taxation, especially on the League of Nations ’ work on ‘ double taxation ’ , ought to have dislodged many myths about this history. But more often than not, such scholarship is taken to offer mere details without altering our fundamental understanding. This chapter suggests that this reception refl ects a longstanding pattern in discourses about international taxation: participants perpetuate or cling onto narratives that are easily seen to be false. The chapter exposes this pattern by summarising evidence for four rarely-acknowledged conclusions about the League ’ s …

Good Faith And Certainty In Contract Law, Marcus Moore

All Faculty Publications

Does a general principle of good faith create too much uncertainty in  Contract Law? This article provides in-depth consideration of the controversy around this question.Reviewing a number of common arguments and reasonswhy good faith is said to be too uncertain, and responses to these, the article finds a complex picture rather than a simple answer. Recent Canadian experience with recognising a general principle of good faith in contractual performance suggests that at least two further details are critical to the potential for uncertainty: first, whether good faith operates as a freestanding duty or instead functions as a unifying principle that …

Unleashing Mass Entrepreneurship: Firm-Level Evidence On The Impact Of China’S Registered Capital Reform, Wei Cui, Mengying Wei

All Faculty Publications

A 2013 amendment of China’s Company Law allowed limited liability companies to form without any minimum equity requirement. Using a confidential taxpayer dataset, we causally identify the reform’s impact on the composition of new firms and their financing choices. Firmentry surged by 33%. Newfirms started with 31.6% lower assets but operated at similar scales as prior firms. While entrants’ average profitability remained the same, smaller entrants saw increased profitability post-reform, indicating entry by productive butwealth-constrained entrepreneurs. Consistent with a preference for debt over equity, new entrants displayed a 94% decline in equity and large increases in liabilities. This indicates that …

Breaking The Cycle: Rethinking Bar Exam Scoring And Portability For Nextgen Examinees, Steven Foster, Nachman Gutowski

Scholarly Works

The development of the NextGen Bar Exam presents a crucial opportunity to address longstanding challenges in both bar exam scoring and portability concerns. The reliance on recent graduates' performance on the Uniform Bar Examination (UBE) as a baseline for setting future standards is flawed due to relative scoring and scaling. In addition to concerns regarding how the future bar exam is scored, there are also concerns regarding how the new scoring metric on the NextGen bar exam will be used for portability and, more specifically, what will happen between 2026 and 2028 as the NextGen bar exam is progressively adopted …

Civil Rights Microviolations, Michael Kagan, Alissa Cooley Yonesawa

Scholarly Works

No abstract provided.

Legal Ethics Of Ai Snake Oil: Navigating The Hype, Harm, And Hope Of Legal Ai, Drew Simshaw

Scholarly Works

This paper argues that the legal ethics of AI extend far beyond competence and hallucinations. It shows how AI often functions as a mirror, exposing deeper ethical questions about institutional incentives, lawyer wellbeing, access to justice, and AI's broader social and environmental impacts.

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

Safeguarding Public Pensioner Standing After Thole, Evelyn L. Stein

Vanderbilt Law Review

Today, public American pension funds hold over $6 trillion dedicated to rewarding the labor and stabilizing the retirements of millions of employees. These funds are facing increased scrutiny as activists draw more awareness to controversial investment strategies, resulting in litigation by plaintiffs arguing funds inappropriately prioritize goals other than financial returns. Structurally, many public funds operate with a defined benefit (DB) model, meaning fund beneficiaries are guaranteed specific payouts based on factors such as years of service and age at retirement. Because of this DB model, such litigation has been stymied by the U.S. Supreme Court's decision in Thole v. …

Justifying The Fourth Amendment, Daniel Epps

Vanderbilt Law Review

Why does the Fourth Amendment belong in the Constitution? This question is not whether society should impose some legal restraints on government searches and seizures. Rather, why should such protections reside in our national charter, superior to other forms of law and insulated from change via ordinary majoritarian political processes? Despite major disputes about the Fourth Amendment's content, Fourth Amendment theorists rarely ask this question. Almost all agree that the Fourth Amendment's constitutional protections are critically important-even if no one can agree exactly what those protections are.
This Article seeks a justification for the Fourth Amendment-the reason why search-and-seizure protections …

Reproductive Rights On Campus, Janet Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Binding The Visual Experience Of Law, Nicholas Mignanelli

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Scaling Private Remedies To Public Problems: A Resilient Property Theory Analysis, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

“Spinning Wheel Got To Go Round”: Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Tom Kierner, Stephen T. Middlebrook

Articles by Maurer Faculty

The past year reminds us of the rock lyrics from “Spinning Wheel” on Blood, Sweat & Tears’s 1968 self-titled record—“What goes up, must come down/Spinning Wheel got to go round”—because there have been many changes in strategy and reversal of policy since President Trump’s inauguration in January 2025. Our Survey documents these changes and reversals as they affect electronic payments and financial services. This year’s Survey also reports on warnings from state and federal regulators aimed at bank and non-bank providers of consumer financial services. Part II examines an FTC enforcement action related to the unfair and deceptive marketing of …

Two Cheers For Cox V. Sony, James Gibson

Law Faculty Publications

There’s a lot to dislike about the Supreme Court’s opinion in Cox Communications, Inc. v. Sony Music Entertainment. It mischaracterizes, oversimplifies, and ignores precedent. It fails to engage with important arguments. It mangles the meaning of “intent.” And it introduces uncertainty into the workings of secondary liability across other intellectual property regimes.

For these reasons, the decision doesn’t deserve three cheers. But it deserves two. Because in two important ways, the Supreme Court has succeeded. First, the opinion fixes some misguided appellate court holdings by articulating a relatively workable standard for future copyright cases involving secondary liability. Second, despite …

Lethal Injection Then And Now: A Topsy-Turvy Moment For The Abolition Movement, Corinna Barrett Lain

Law Faculty Publications

At first glance, how states execute prisoners is an entirely unattractive question for those who think that states shouldnot be executing prisoners at all. Indeed, one might reasonably take the position that discussions about how states execute presume that executions can be carried out in ways that are acceptable and unacceptable, which is antitheticalto the very core of the abolitionist position. As the renowned Henry Schwarzschild-longtime director of the ACLU's Capital Punishment Project and founder of the National Coalition to Abolish the Death Penalty-wrote in 1980, "Theworst sin of all is to do well that which should not be done …

Dismantling The Whiteness Of Legal Education, Doron Samuel-Siegel

Law Faculty Publications

Whiteness is not merely a racial description. Whiteness operates as allegiance to structural racism. The quiet engine of racial hierarchy, whiteness pervades and shapes traditional legal education, rendering legal pedagogy a structurally racist enterprise. Legal education not only reproduces the racism embedded in the law and legal profession, but also obscures the ways legal doctrine, professional norms, and pedagogical practices normalize, protect, and make invisible the advantages that accrue to whiteness itself. In doing so, itproduces lawyers ill-equipped to dismantle structural injustice.

This Article breaks new ground in the scholarship on legal pedagogy by defining whiteness as it operates within …

Critical Analysis Of Legal Education: Faculty Perspectives Of Law School's Role In Producing Practice-Ready Graduates, Sophia M. Akel

Graduate Studies Theses and Dissertations 2026

Legal education has long been the subject of harsh, widespread criticism due to concerns about its ability to adequately prepare students for legal practice. Newer attorneys have reported feeling incapable of performing even the most basic functions of their job after graduation from law school (Merritt & Cornett, 2020). Despite this troubling reality, law schools largely continue to function as they always have (Cramton, 1981). To gain insight directly from important figures in legal academia, this study examined law faculty perceptions on legal education’s role in producing practice-ready graduates. A mixed-methods survey design incorporating both quantitative descriptive and qualitative elements …

H. Thomas Wells, Jr. Aba President (2008-2009) Collection, University Of Alabama School Of Law

Manuscript Collections

The H. Thomas Wells, Jr. ABA President (2008-2009) Collection consists of two cubic feet of correspondence, remarks, and speeches from his time as president of the organization.

To see a digital version of this collection, please visit the H. Thomas Wells, Jr. ABA President (2008-2009) Collection.

Howell Thomas Heflin Collection, University Of Alabama School Of Law

Manuscript Collections

The Howell Thomas Heflin Collection documents Heflin's years as legal reformer and Alabama State Supreme Court Chief Justice, as well as his tenure as United States Senator through press clippings, scrapbooks, speech files, audiotapes, videotapes, press releases and statements, newsletters and various printed materials, photographs, negatives, campaign materials, and memorabilia.

Albert John Farrah Collection, University Of Alabama School Of Law

Manuscript Collections

This collection contains materials that were used to compile "Albert John Farrah: Addresses, Papers, and Letters," a University of Alabama School of Law publication honoring Dean Farrah.

Commencement Program Collection, University Of Alabama School Of Law

Manuscript Collections

The Commencement Program Collection contains programs from the University of Alabama School of Law commencement ceremonies, hooding ceremonies, and other commencement events.

Minutes Of The Farrah Order Of Jurisprudence Notebook, University Of Alabama School Of Law

Manuscript Collections

This 58-page, typewritten notebook contains minutes of the Farrah Order of Jurisprudence of the University of Alabama, the law school's academic honor society (1937-1969). The notebook mostly contains the names of new members inducted at each meeting, as well as general housekeeping matters.

Alabama Messenger Newspaper Collection, University Of Alabama School Of Law

Manuscript Collections

The Alabama Messenger Newspaper Collection consists of issues of the Alabama Messenger weekly newspaper dated March 1974 through December 1978 in Box 1, and June 1979 through February 1981 in Box 2. The Messenger was published in Birmingham, Alabama, and was "dedicated to serving the Courts, Attorneys, and Businesses of Jefferson County, as an efficient and qualified medium for all legal publications."

William Bacon Oliver Collection, University Of Alabama School Of Law

Manuscript Collections

The William Bacon Oliver Collection consists of books, papers, memorabilia, and clothing from William Bacon Oliver, United States Representative from Alabama.

Law Library Accession Books Collection, University Of Alabama School Of Law

Manuscript Collections

The Law Library Accession Books Collection consist of 13 volumes of bound accession records from the University of Alabama School of Law Library. The volumes are a chronological record of the library's acquisitions from February 1955 to December 1980. This method of recording new acquisitions was discontinued after December 1980.

Frank Minis Johnson, Jr. Collection, University Of Alabama School Of Law

Manuscript Collections

The Frank Minis Johnson, Jr. Collection consists of correspondence, scrapbooks, audiotapes, and videotapes from Judge Johnson's career. Johnson served the on United States District Court for the Middle District of Alabama, United States Court of Appeals for the Fifth Circuit, and United States Court of Appeals for the Eleventh Circuit.