Computer Law Commons^™

When Artificial Intelligence Becomes Emotional Intelligence: Rethinking Section 230 Liability For Ai As A Pseudo-Therapist, Kennedy Aikey

University of Cincinnati Law Review

No abstract provided.

Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

A Shield For Whom? The Disastrous Hidden Toll Of Section 230 On Children, Dominic Roschival

University of Cincinnati Law Review

No abstract provided.

The Digital Doctor-Patient Relationship: Imposing Heightened Duties On Femtech Apps, Kevin Frazier

The University of Cincinnati Intellectual Property and Computer Law Journal

The rapid rise of femtech apps has transformed the landscape of reproductive health, offering users access to information and services that were traditionally the domain of medical professionals. These apps, ranging from menstrual tracking to fertility planning tools, often position themselves as indispensable companions for users navigating critical health decisions. Yet, the legal frameworks governing these apps fail to account for the sensitive nature of the user-developer relationship, leaving users vulnerable to inaccurate guidance, data misuse, and inadequate recourse in cases of harm.

This essay argues that femtech app developers often assume roles akin to medical providers, creating relationships with …

Governing The Metaverse, Jesse Valente

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley

University of Cincinnati Law Review

Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …

The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson

University of Cincinnati Law Review

This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …

The Unregulated World Of Your Most Personal Of Personal Information: A Proposal For A Federal Biometric Information Privacy Law, Isabel M. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Why Outlaw Laws?: An Argument For A Probationary Period For Lethal Autonomous Weapons Systems Under Meaningful Human Control., Katherine E. Vuyk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley

University of Cincinnati Law Review

No abstract provided.

Dirty Little Secrets: The Constitutional Feasibility Of Implementing Legislation To Compel Licensing Of Trade Secrets To End The Covid-19 Pandemic, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Losing Dignity: Eroding Privacy Rights Of Immigrants In Technology-Based Immigration Enforcement, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Infringement, She Wrote: The Intellectual Property Rights Of Victims In True Crime Craze, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Patentability Of Inventions With Artificial Intelligence Listed As An Inventor Following Thaler V. Hirshfeld, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Facebook, Welfare, And Natural Monopoly: A Quantitative Analysis Of Antitrust Remedies, Felix B. Chang, Seth Benzell

Faculty Articles and Other Publications

This Article advances a novel theoretical model for assessing policy interventions against Facebook. As prosecutors barrel forward against digital platforms, soon it will fall upon courts and, eventually, regulators to devise remedies. We argue that any sensible solution must include quantification of the welfare effects on the platform’s various constituents. Our model prioritizes the effects upon total societal welfare—or, in economists’ terms, social welfare. Applied to Facebook, the model calculates social welfare as the sum of four components: (i) consumer welfare; (ii) advertising profits; (iii) tax revenues; and (iv) the value of a large user base.

Drawing on surveys of …

Stifling Dissent Or Enforcing Rules? The State Of Speech Rights In Online Forums, Noah Olson

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

“Storytime: We’Re Being Sued” – Copyright Infringement And Fair Use In The Digital Era, Mikayla Spencer

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Importance Of Being Earnestly Innovative: The Increasing Role Of Intellectual Property Law In The Global Economy, Inma Sumaita

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Intellectual Property & National Security, James Morrison

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Patentability Of Antibodies For Use In Medications After Amgen V. Sanofi, Kaitlyn Taylor

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Copyright Claims And Constitutional Games: The Constitutionality Of The Copyright Claims Board Following The Supreme Court Ruling In Arthrex, Laura Callihan

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Market Power And Switching Costs: An Empirical Study Of Online Networking Market, Shin-Ru Cheng

University of Cincinnati Law Review

In recent years, states have launched several antitrust investigations targeting digital platforms. A major difficulty in these investigations is demonstrating the extent of a digital platform’s market power. Market power is defined as the control of the output or the price without the loss of business to competitors. As will be explored in this Article, market power is a critical component in an antitrust analysis. On several occasions, courts have adopted the switching costs approach in their analysis of market power. According to this approach, market power may be inferred when the costs of switching from one supplier to another …

Strategic Lawsuits Against Public Participation In The Age Of Online Speech: The Relevance Of Anti-Slapp And Anti-Cyberslapp Legislation, Lauren Merk

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Information Crossroads: Intersection Of Military And Civilian Interpretations Of Cyber Attack And Defense, Carlos Plazas

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

What The Supreme Court Is Likely To Do In The Presently Pending Case Google V. Oracle, Jennifer Campbell

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Can David Really Beat Goliath? A Look Into The Anti-Competitive Restrictions Of Apple Inc. And Google, Llc, Emily Feeley

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States securities, …