Legal Ethics and Professional Responsibility Commons^™

Responding To Digital Addiction, Ned Snow

Seattle University Law Review

In Unwired: Gaining Control over Addictive Technologies, Professor Gaia Bernstein calls our attention to the growing problem of digital addiction. Digital addiction may sound like something out of a science-fiction novel or something that does not raise the same sort of real-life practical concerns as are present in a physical health crisis or an economic decline. But as Bernstein presents the evidence, we learn that the consequences of digital addiction can be just as harmful as a serious disease or a financial depression. Cognitive development disorders, anxiety, emotional depression, social isolation, and other mental health ills can be debilitating—as much …

The Ai Doppelgänger Dilemma: Cloned Voices In The Music Industry, Elizabeth Shields

Seattle University Law Review

With the rise of generative artificial intelligence (AI), there has been an influx of “voice clones”—deep-learning algorithms that create synthetic speech to realistically mimic human voices. Celebrities and, in particular, music artists, have been subjected to the proliferation of AI voice clones on social media platforms like TikTok and streaming platforms such as Spotify. Despite music utilizing AI voice clones having amassed much popularity, this technology can be harmful and highly invasive to musicians whose livelihoods often depend on their distinct voices. While legal scholars have attempted to articulate various rights that could protect a person’s voice, individuals are largely …

Let The Sunshine In: Crafting Constitutional Transparency Regulations For Content Moderation, Caitlin Ring Carlson

Seattle University Law Review

In response to public concern about the impact of social media, legislators in some U.S. states have developed laws to regulate the process of content moderation. Many include mandatory transparency and disclosure requirements, some of which courts have already deemed an unconstitutional infringement on social media platforms’ right to free expression. This article explores the parameters for crafting constitutional social media transparency regulations using existing U.S. media policy and insights from recent legal challenges. The resulting analysis identifies content neutral transparency requirements that mandate the disclosure of purely factual, non-controversial information as those most likely to withstand judicial scrutiny. Specifically, …

This Is Not A Game: The Addictive Allure Of Digital Companions, Nizan Geslevich Packin, Karni Chagal-Feferkorn

Seattle University Law Review

Artificial Intelligence (AI) agents have become an inescapable part of modern childhood, reshaping education, leisure activities, entertainment, and social interaction. From AI-powered tutors that adapt to individual learning styles to emotionally responsive chatbots that simulate human companionship, these systems promise unprecedented personalization, cognitive stimulation, and social support. However, these benefits mask significant risks that remain unregulated and inadequately addressed.

Although adults are also susceptible to forming deep emotional bonds with AI companions—often trusting them as if they possessed genuine understanding and empathy—children are particularly vulnerable. Their misplaced trust can more severely distort social development, weaken critical thinking, and foster unhealthy …

Mapping State Reactions To The Icc Arrest Warrants For Netanyahu And Gallant, Rebecca Ingber

Online Publications

On Thursday, the International Criminal Court (ICC) announced it had issued arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former defense minister, in connection with alleged crimes committed in the ongoing armed conflict between Israel and Hamas. In doing so, the Court rejected as premature Israel’s challenge to the Court’s jurisdiction. The Court’s decision to issue a warrant for the sitting Prime Minister of a state, which is notably not a party to the Rome Statute, also demonstrates the Court’s embrace of its prior controversial decision on immunity, namely that customary international law does …

Social Movement Lawyering And Due Process Values, Susan D. Carle

Fordham Law Review

No abstract provided.

Government Lawyers, Ethical Dilemmas: The Case Of Herbert Wechsler And Japanese American Incarceration, Eric L. Muller

Fordham Law Review

No abstract provided.

Properly Partitioning Prejudice: Analyzing Mixed Brady And Napue Claims, Patrick Scariano

Fordham Law Review

Due process affords criminal defendants the right to receive evidence possessed by the government that would aid in their defense. This right was codified in Brady v. Maryland. Brady’s lesser-known ancestor is Napue v. Illinois, which gave defendants the right to a new trial if the government knowingly offered perjured testimony in their original trial. The U.S. Supreme Court has held that these rights are critical to support verdicts worthy of confidence necessary to ensure due process.

Unfortunately, defendants victimized by misconduct are often affected by multiple violations of their rights. Courts have developed ways to examine …

Can Prosecutors’ Offices Preserve Public Confidence In Their Nonpartisanship—And, If So, How?, Bruce A. Green, Rebecca Roiphe

Fordham Law Review

No abstract provided.

Doing Justice With Empathy: Black Prosecutors In The Age Of Mass Incarceration, Kevin Woodson

Fordham Law Review

No abstract provided.

Taking Integrity Risks Seriously, Miriam H. Baer

Fordham Law Review

No abstract provided.

A World-Threatening Feeling: Grief, Moral Injury, And Institutional Loss In Rural Courts, Michele Statz

Fordham Law Review

No abstract provided.

Social Movement Lawyering And Due Process Values, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

As I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering …

Artificial Intelligence And Ethical Considerations For The New Legal Learner: An Annotated Bibliography, Sarah Starnes

Akron Law Review

This annotated bibliography focuses on providing relevant and helpful resources to those who may be new to using artificial intelligence and want to understand the legal and ethical implications. For attorneys to adhere to the Model Rules of Professional Conduct and ethically practice law in conjunction with artificial intelligence, it is vital to learn as much as possible. The articles, cases, advisory opinions, and court rules within this annotated bibliography provide insight into the current state of practicing law with AI.

Let's Chat About Chatgpt: A Practical Guide To Risks In Attorney Use Of Generative Ai, Hon. John G. Browning

Akron Law Review

The rapid rise of generative AI tools like ChatGPT in the legal profession has sparked significant ethical and regulatory challenges after a federal judge sanctioned attorneys for citing non-existent cases generated by AI. This incident led to widespread judicial mandates requiring disclosure of AI use and prompted bar associations and ethics committees to address AI’s implications for legal practice. Despite AI’s potential to automate up to 44% of legal tasks, concerns about accuracy and ethical obligations persist. This article argues that the issue lies not with the technology itself but with lawyers neglecting duties of competence and supervision. As generative …

Exploring Generative Artificial Intelligence (Ai) Applications In Fashion: Ethical Concerns In Human-Like Technology, Melissa Kathryn Gonzalez

Faculty Scholarship and Creative Works

No abstract provided.

When Anti-Fraud Laws Become A Barrier To Computer Science Research, Madelyne Xiao, Andrew Sellars, Sarah Scheffler

Faculty Scholarship

Computer science research sometimes brushes with the law, from red-team exercises that probe the boundaries of authentication mechanisms, to AI research processing copyrighted material, to platform research measuring the behavior of algorithms and users. U.S.-based computer security research is no stranger to the Computer Fraud and Abuse Act (CFAA) and the Digital Millennium Copyright Act (DMCA) in a relationship that is still evolving through case law, research practices, changing policies, and legislation

Amid the landscape computer scientists, lawyers, and policymakers have learned to navigate, anti-fraud laws are a surprisingly under-examined challenge for computer science research. Fraud brings separate issues that …

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …

The Indispensability Of Human Paralegals In The Era Of Advancing Ai, Nicole L. Perry

The Guardianship Journal

The rapid advancement of artificial intelligence (AI) is causing ripples in all areas of life. The legal field is not immune, and concerns about AI replacing legal professionals abound. This manuscript explores the role of paralegals in the legal field from the inception of legal assistants to today and beyond. It examines research on the importance of the human paralegals’ expertise in navigating complex legal processes efficiently and accurately while providing emotional support for clients. This manuscript describes how human paralegals will remain indispensable thanks to their technological capabilities and emotional intelligence. Emphasizing the American Bar Association’s (ABA) mandate on …

P*Law 2025: Mentor Mocks - A Joint Production Of Sba And Ocs, Center For Public Service Law, Cardozo Student Bar Association, Cardozo Office Of Career Services, Katten Muchin Rosenman Llp

2024–2025 Flyers

Mentor Mocks, presented by SBA and OCS and sponsored by Katten, offered 1L students the chance to practice interview skills through mock interviews with upper-class students.