Digital Media And Its Effect On Domestic And International Copyright,
2026
Florida International University College of Law
Digital Media And Its Effect On Domestic And International Copyright, Jasmine Martin
Latin American & Caribbean Law Review
This article explores the history of modern copyright law and identifies the pitfalls of a legal framework built around physical media, such as the doctrines of first sale and fair use. As markets have shifted to digital distribution, these doctrines have been weakened or displaced by licensing regimes that redefine ownership as limited access. The article argues that this transition has systematically eroded consumer rights, allowing copyright holders to impose restrictions through contracts and technological controls that bypass traditional protections.
Lessons From The Fall Of The Roman Empire: The Patent Law Edition,
2026
Florida International University College of Law
Lessons From The Fall Of The Roman Empire: The Patent Law Edition, Emma Masters
Latin American & Caribbean Law Review
This article examines the crises threatening the U.S. Patent System through the historical lens of the fall of the Roman Empire, arguing that a loss of predictability and the hollowing out of property rights threaten to dismantle American innovation. Drawing parallels between the Roman Empire’s economic decay and modern legal trends, this piece explores how costly litigation—often surpassing millions of dollars—and the rise of “efficient infringement” among other troubling phenomena, act as a “tax” on innovation that disproportionately stifles small and medium-sized enterprises (SMEs). The U.S Patent System’s original purpose of incentivizing innovation is being compromised by patent thickets, a …
Source & Solidarity,
2026
SMU Dedman School of Law
Source & Solidarity, Sari Mazzurco
Michigan Law Review
Trademark law has become the new frontier of unionbusting. Companies like Trader Joe’s, Starbucks, and Medieval Times have brought unprecedented suits against their employee unions for trademark infringement in relation to their organizing activities. This sort of litigation puts courts in the difficult position of reconciling trademark protection with unionization rights. Their attempts to apply standard trademark doctrines in this context reveal a deeper problem: Current trademark law is incoherent when applied to labor unions.
This incoherence stems from a disconnect between current trademark law and the original purpose behind its application to labor unions. This Article recovers that basis …
News That Will Not Break:
How The First And Fourth
Amendments Can Jointly
Protect The Press From Secret
Government Intrusions Into
Newsgathering,
2026
Fordham University School of Law
News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin
Fordham Law Review
The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.
This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …
Scenes From An Italian Restaurant: The Difficulties, Concerns, And Effects Of Protecting Cultural Elements In Restaurant Trade Dress,
2026
St. Mary's University
Scenes From An Italian Restaurant: The Difficulties, Concerns, And Effects Of Protecting Cultural Elements In Restaurant Trade Dress, Lauren Lepre
St. Mary's Law Journal
No abstract provided.
Hybrid Deep (Cnn-Bilstm) Intrusion Detection For Defense And Mission-Critical Networks,
2026
University at Albany, SUNY
Hybrid Deep (Cnn-Bilstm) Intrusion Detection For Defense And Mission-Critical Networks, Corey A Cheng, Jermaine Anim-Addo, Asma Jakir Hussain, Zion O Smith-Fox, Sanjay Goel, Yuksel Celik
Military Cyber Affairs
This article examines how hybrid deep learning can strengthen intrusion detection for military and defense networks. Using the CSE-CIC-IDS2018 dataset, the study evaluates a CNN-BiLSTM model designed to detect benign traffic and multiple attack categories, including DDoS, DoS, botnet, brute-force, web attack, and infiltration activity. The model achieved strong multi-class detection performance, with 0.9893 accuracy and 0.9979 ROC-AUC. The findings suggest that AI-supported intrusion detection can improve cyber defense operations, analyst triage, and protection of mission-critical networks.
Foreward,
2026
Military Cyber Affairs
Letter From The Director: Mastery In Practice,
2026
Military Cyber Institute
Letter From The Director: Mastery In Practice, Joseph Schafer
Military Cyber Affairs
No abstract provided.
Ai Slop,
2026
Boston University School of Law
Ai Slop, Jessica Silbey, Woodrow Hartzog
Faculty Scholarship
The term “AI slop” has become popular to describe the output of generative AI systems seen as voluminous, low quality, or the result of little effort. When AI-generated music and videos flood platforms, they are called slop. Peer-reviewed journals and legal tribunals are drowning in low-quality and low-reliability AI slop submissions. Employees are seen to be producing mountains of slop in their reports and communications with each other. The term has inertia and heft, and the phenomenon has significant consequences. Most of them are not good.
But the boundaries of “AI slop” and its usefulness in policy discussions are not …
Patents And Incentives To Assign, License, Or Litigate,
2026
Boston University School of Law
Patents And Incentives To Assign, License, Or Litigate, Keith N. Hylton
Faculty Scholarship
This paper presents a model of the activity of patent intermediaries and potential infringers in a system of costly patent litigation. Because the intermediary, in comparison to the inventor, has a more credible threat to sue, both the revenue from infringement litigation and the intrinsic value of the patent are greater in the intermediary’s hands. The central finding is that intermediaries license patents to potential infringers when infringement litigation is inefficient. Intermediaries tend to acquire high-quality patents from inventors and assign low-quality patents to potential infringers. Another issue this model addresses is the differential between the private and the social …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds,
2026
Cardozo Art & Entertainment Law Journal
El Mercado De Pescado – The Dembow Fish Market Case: Browne V. Donalds, Catherine Stagliano
Cardozo Arts & Entertainment Law Journal (AELJ) Blog
The billion-dollar Latin music industry is facing its most formidable opponent yet: Steely & Clevie.[1] While this name may be unfamiliar, the musical duo has raised a crucial issue against a seemingly settled principle of copyright infringement: whether a rhythm is copyrightable.[2] The rhythm in question is reportedly an integral part of the entire genre of reggaeton.[3] Nonetheless, Steely & Clevie decided to sue over 100 Defendants—including Bad Bunny, the most streamed artist in the world—for copyright infringement across almost 4,000 songs.[4] Now, one copyright infringement case has the power to dictate the future of reggaeton and severely disrupt music …
Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity,
2026
St. John's University School of Law
Caging Songwriters In The Compulsory Licensing Framework: A Battle Of Fairness And Equity, Maria Kaganis
St. John's Law Review
(Excerpt)
Imagine it is November 2023, and you log onto Spotify to stream your favorite music. As you do, you notice you now have access to up to fifteen hours of the most popular audiobooks. You really enjoy the addition of audiobooks to Spotify and have used the new feature for months. Come March of 2024, however, you get an email stating that Spotify will be introducing a . . . music-audiobook bundle as part of your current subscription? Is that not what you already had? Shrugging it off, you move on and continue enjoying your music, audiobooks, and podcasts …
Trademarks, Functionality, And Competition,
2026
Texas A&M University School of Law
Trademarks, Functionality, And Competition, Glynn Lunney
Faculty Scholarship
Courts and commentators have long thought that the purpose of trademark and unfair competition law is to distinguish fair competition from unfair competition and prohibit the latter. Yet, trademark law has a more fundamental, more foundational purpose. Before trademark law can distinguish fair competition from unfair competition, there must first be competition. That makes ensuring competition trademark law’s highest priority. Identifying and prohibiting unfair competition becomes, by necessity, a subordinate concern. Until 1982, courts recognized this hierarchy and enforced a broad and flexible functionality limitation on trademark or trade dress protection to ensure competitive markets. In 1982, however, this changed. …
Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes,
2026
Policy Bandwidth
Three Decades Of Supreme Court Copyright Decisions: A Peek Behind The Scenes, Jonathan Band
Joint PIJIP/TLS Research Paper Series
This article discusses the revelations in the case files of eight Supreme Court Justices concerning eighteen copyright-related decisions issued by the Court between 1973 and 2005. The papers show the Court as a profoundly human institution, with the Justices often struggling to craft opinions that could gain the support of a majority. The Justices clearly cared about the copyright merits, but they were also willing to compromise to achieve a certain result. In several cases, the final opinion was anything but inevitable. This was particularly so with Sony Corporation of America v. Universal City Studios, 464 U.S. 417 (1984), …
