Debugging The Trademark Laws Part Ii: Criminal Penalties For Trafficking In Counterfeit Microelectronics,
2025
University of Maryland Carey School of Law
Debugging The Trademark Laws Part Ii: Criminal Penalties For Trafficking In Counterfeit Microelectronics, Patricia E. Campbell
SMU Science and Technology Law Review
Counterfeit microelectronics have been a persistent problem in government and industry supply chains for many years. Counterfeit electronic parts (e.g., integrated circuits, transistors, capacitors) pose serious risks to human health and safety, harm the economy, and jeopardize national security. Trafficking in counterfeit goods and services was first criminalized in 1984, and Congress has acted on several occasions to increase the corresponding penalties. Nevertheless, the trade in counterfeit microelectronics continues to evolve to meet market demands, and relatively few criminal cases have been brought for trafficking in counterfeit microelectronics. While several factors may contribute to this apparent lack of enforcement, the …
The Artificial Intelligence Trolley Problem: Governance In The Post-Chevron World,
2025
California Western School of Law
The Artificial Intelligence Trolley Problem: Governance In The Post-Chevron World, James M. Cooper, Kashyap Kompella
SMU Science and Technology Law Review
This Essay addresses a growing Constitutional challenge in public governance: the increasing delegation of consequential decisions to algorithmic systems that encode value trade-offs between liberty and security, equity and efficiency, and expression and control, without visibility, legal justification, or institutional oversight. We view this hidden normative choice an example of the “Artificial Intelligence (AI) Trolley Problem.” Like the classic moral dilemma, it involves unavoidable sacrifices among competing goods. Unlike its philosophical counterpart, however, algorithmic trade-offs occur silently. They are embedded in data proxies, optimization logic, and model design, and insulated from scrutiny by claims of technical neutrality. This Essay argues …
Systemic Risk And The Social Contract,
2025
The University of Texas School of Law
Systemic Risk And The Social Contract, Kevin Frazier
SMU Science and Technology Law Review
The stability of the constitutional order turns, in part, on a stable economy and reliable advances in technology. Political order cannot withstand economic collapse or a massive technological failure. Such crises chip away at the collective will to adhere to the social contract because they indicate the government may not have the capacity to uphold its end of the bargain—protecting individual liberty from broad threats. “Unprecedented” economic downturns, however, have a precedent of emerging from the very deliberate decision of some actors to pursue extremely risky behavior in their self-interest at the expense of the public. Societal disruption from over-dependence …
Retail Innovation Through Ai: Benefits And Liabilities,
2025
University of Georgia Terry College of Business
Retail Innovation Through Ai: Benefits And Liabilities, W. Michael Schuster, Simon E. Corrigan
SMU Science and Technology Law Review
This article investigates the transformative capabilities of artificial intelligence (AI) within the retail industry. We highlight significant opportunities for product customization, innovation, and enhanced supply chain efficiency, while also examining complex legal challenges associated with AI-generated content. In particular, concerns in the copyright realm are highlighted— including documented biases against AI-produced works. Recognizing these issues, retailers should adopt proactive legal strategies, ensure transparency, and consider hybrid human-AI collaborative approaches. Strategically addressing these issues will help maximize consumer and business benefits while mitigating legal exposure.
Robot Regulators,
2025
University of Kentucky, J. David Rosenberg College of Law
Robot Regulators, Brian L. Frye
SMU Science and Technology Law Review
No abstract provided.
Visual Legal Rhetoric In The Age Of Generative Ai And Deepfakes: Renaissance Or Dark Ages?,
2025
University of Kentucky, J. David Rosenberg College of Law
Visual Legal Rhetoric In The Age Of Generative Ai And Deepfakes: Renaissance Or Dark Ages?, Michael D. Murray
SMU Science and Technology Law Review
The paradoxical development of visual generative AI tools, such as OpenAI’s DALL-E 3, Midjourney, and Stable Diffusion, simultaneously signals a renaissance and a potential dark age in visual rhetoric and communication. On the one hand, these tools democratize the creation of visual content, empowering attorneys and others to become artists and illustrators of their legal communications without needing to learn how to draw. These AI systems can simplify complex legal concepts, bridge language barriers, and enhance advocacy. But on the other hand, the proliferation of deepfakes presents significant challenges for visual rhetoric. Deepfakes can quickly and easily create realistic but …
Willful Ignorance Or Embracing Ai To Find Prior Art? Uspto Misses The Mark,
2025
Chicago-Kent College of Law
Willful Ignorance Or Embracing Ai To Find Prior Art? Uspto Misses The Mark, Henry H. Perritt Jr.
SMU Science and Technology Law Review
Artificial intelligence (AI) is frequently in the news. Policymakers and business executives must decide whether it is a revolutionary phenomenon, likely to overturn established enterprises and practices, or if it is a mere modest advancement in decades-old natural language capability over-advertised by Silicon Valley seeking the “next big thing” and hyped by reporters eager for the next byline. The patent office and the patent bar are not immune from the turmoil. The USPTO has issued several policies and inquiries related to the impact of AI on various aspects of patent prosecution. Most recent is a Request for Comments on the …
Data Privacy In K-12 Education: Protecting Students In The 21st Century,
2025
Southern Methodist University, Dedman School of Law
Data Privacy In K-12 Education: Protecting Students In The 21st Century, Kate Hughes
SMU Science and Technology Law Review
Connectivity has come to define a new generation, with kids today comprising a large sector of the online community. With most of their days spent at school, it is no surprise that the 21st-century classroom has become a playground in the digital sense, with districts growing increasingly reliant on “EdTech” platforms that promise high-impact solutions to an industry entrusted with laying the foundations of the next generation. As the “big data” movement continues to progress, the education sector will continue to reinvent itself alongside the chance to discover new efficiencies and create new opportunities for timely feedback, individualized instruction, and …
From Ambiguity To Overreach: The Ftc's Questionable Authority To Ban Non-Competes,
2025
Mitchell Hamline School of Law
From Ambiguity To Overreach: The Ftc's Questionable Authority To Ban Non-Competes, Taylor Ray Pelton
Cybaris®
No abstract provided.
Patching The Cfaa So Researchers No Longer Pay,
2025
Mitchell Hamline School of Law
Patching The Cfaa So Researchers No Longer Pay, Joshua Baker
Cybaris®
No abstract provided.
When Should Training An Ai Model Prevail Against Copyright Infringement?,
2025
University of Oklahoma College of Law
When Should Training An Ai Model Prevail Against Copyright Infringement?, Jeffrey Greenbaum
Oklahoma Law Review
No abstract provided.
A Fear Of Ideas? Social Media, Foreign Influence, And National Security In A New Era Of Great-Power Competition,
2025
Fordham Law School
A Fear Of Ideas? Social Media, Foreign Influence, And National Security In A New Era Of Great-Power Competition, Michael Park
Fordham Intellectual Property, Media and Entertainment Law Journal
The recent spate of legal restrictions on the use of TikTok and other foreign-controlled social media applications highlight concerns over personal data collection, but also how fears over the potential foreign influence of ideas from adversarial foreign governments—whether by propaganda, censorship, or disinformation—have re-emerged in the national security debate. Yet there are concerns that this new era of great power competition will be the basis for justifying overreaching speech regulations that hinder access to information and ideas under the aegis of national security. This work attempts to examine the recent enactment of speech restrictions or bans on foreign-controlled applications within …
Reevaluating Force Majeure Clauses In The Aftermath Of The Covid-19 Pandemic And Its Implications On The Entertainment Industry,
2025
Fordham Law School
Reevaluating Force Majeure Clauses In The Aftermath Of The Covid-19 Pandemic And Its Implications On The Entertainment Industry, Esther Animalu
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Protecting What's Yours: Rights, Risks, And Realities In Ip And Entertainment,
2025
Fordham Law School
Protecting What's Yours: Rights, Risks, And Realities In Ip And Entertainment, Fordham Iplj
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?,
2025
Fordham Law School
The Ozempic Paradox: How Much Is Too Much In The Race For Weight Loss And Diabetes Treatment?, Jack Bekos
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Right To (Digital) Identity,
2025
Fordham Law School
The Right To (Digital) Identity, Sarah M. Snow
Fordham Intellectual Property, Media and Entertainment Law Journal
Identity verification is a prerequisite for full participation in modern society. Access to financial services, employment, housing, healthcare, education, and civic engagement all hinge on an individual’s ability to prove their identity. Millions of Americans—particularly marginalized groups—struggle with the rigid, bureaucratic, and often discriminatory processes of traditional identity verification systems. Without legally recognized identification, individuals are effectively excluded from economic and civic life. This Note argues that the ability to prove one’s identity is a protected interest. It proposes adoption of a federal Self-Sovereign Identity (SSI) as a legal and technological mechanism to guarantee all Americans have access to a …
Generative Ai Is Doomed,
2025
Santa Clara University School of Law
Generative Ai Is Doomed, Eric Goldman
Marquette Intellectual Property & Innovation Law Review
Eric Goldman delivered this talk as the 2024 Nies Lecture at Marquette University School of Law, in Milwaukee, Wisconsin. The talk compares the recent proliferation of generative AI with the Internet’s proliferation in the mid-1990s. In each case, it was clear that the technology would have revolutionary but uncertain impacts on society. However, the public sentiments toward the two innovations have differed radically. The Internet arrived during a period of widespread techno-optimism, creating a regulatory environment that fostered the Internet’s growth. Generative AI, in contrast, has arrived during widespread techno-pessimism and following decades of conditioning about the dangers of “AI.” …
Beyond The Hype: The Use Of “Artificial Intelligence” In Healthcare And The Legal And Business Risks Associated With This New Technology,
2025
Michigan State University
Beyond The Hype: The Use Of “Artificial Intelligence” In Healthcare And The Legal And Business Risks Associated With This New Technology, Greg Gulick
Marquette Intellectual Property & Innovation Law Review
None.
What Can Copyright Law Learn From Greek Tragedy?,
2025
Beit Zvi School for the Performing Arts
What Can Copyright Law Learn From Greek Tragedy?, Mira Moldawer
Marquette Intellectual Property & Innovation Law Review
None.
My Body, My Voice: Defining Vocal Identity Rights To Combat Ai-Generated Deception,
2025
Marquette University Law School
My Body, My Voice: Defining Vocal Identity Rights To Combat Ai-Generated Deception, Kamran Moos
Marquette Intellectual Property & Innovation Law Review
Kamran Moos emphasizes the growing risk of nonconsensual AI-generated voice misappropriation and suggests a novel legal framework to address the issue. Moos explains how AI models have made voice replication quick and easy, in some cases requiring only a two-second voice clip to produce a convincing audio recording. These AI-generated recordings can be used to carry out identity theft, misinformation, and commercial exploitation. Moos argues that current legal frameworks, such as the right of publicity, misappropriation, and copyright law, are inadequate to protect individuals from AI-generated voice misappropriation. He advocates for a new legal framework rooted in copyright and property …
