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The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge San Jose State University

The "Csi Effect" And Its Potential Impact On Juror Decisions, John Alldredge

Themis: Research Journal of Justice Studies and Forensic Science

The “CSI Effect” was first described in the media as a phenomenon resulting from viewing forensic and crime based television shows. This effect influences jurors to have unrealistic expectations of forensic science during a criminal trial and affect jurors’ decisions in the conviction or acquittal process. Research has shown the “CSI Effect” has a possible pro-defense bias, in that jurors are less likely to convict without the presence of some sort of forensic evidence. Some studies show actors in the criminal justice system are changing their tactics, as if this effect has a significant influence, causing them to request unnecessary …

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Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford University of Minnesota

Government Policy Towards Innovation In The United States, Canada, And The European Union As Manifested In Patent, Copyright And Competition Laws, Daniel J. Gifford

ExpressO

Abstract: This paper examines a number of government policies related to competition or intellectual property and affecting innovation for their welfare effects. Its premise is that the enhancement of social welfare is included among the purposes of competition and intellectual-property laws. It also assumes that innovation is a major contribution to long-run welfare. The paper then considers whether the policy initiatives under review furthered that purpose. First it considers U.S. and Canadian legislation designed to promote the entry of generic pharmaceutical products into the market and the response (or lack thereof) of both governments to the issue of regulatory delay …

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A Dual Track Approach To Challenging Chinese Censorship In The Wto: The (Future) Case Of Google And Facebook, Anonymous University of Michigan Law School

A Dual Track Approach To Challenging Chinese Censorship In The Wto: The (Future) Case Of Google And Facebook, Anonymous

Michigan Journal of International Law

As economic and trade policies continue to affect more facets of society, the World Trade Organization’s (WTO) impact on government policy and citizens’ lives has grown. Since its creation on January 1, 1995, the WTO has fostered trade liberalization negotiations and served as a forum where member countries can discuss economic concerns with one another. The WTO is perhaps best known for its dispute settlement mechanism. When countries cannot reach a mutual resolution to a conflict governed by a trade agreement, they can initiate formal legal proceedings against one another by asking for a panel to be appointed. The panel …

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Artificial Intelligence As Evidence, Paul W. Grimm, Maura R. Grossman, Gordon V. Cormack Northwestern Pritzker School of Law

Artificial Intelligence As Evidence, Paul W. Grimm, Maura R. Grossman, Gordon V. Cormack

Northwestern Journal of Technology and Intellectual Property

This article explores issues that govern the admissibility of Artificial Intelligence (“AI”) applications in civil and criminal cases, from the perspective of a federal trial judge and two computer scientists, one of whom also is an experienced attorney. It provides a detailed yet intelligible discussion of what AI is and how it works, a history of its development, and a description of the wide variety of functions that it is designed to accomplish, stressing that AI applications are ubiquitous, both in the private and public sectors. Applications today include: health care, education, employment-related decision-making, finance, law enforcement, and the legal …

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Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris Duke Law

Deepfakes: False Pornography Is Here And The Law Cannot Protect You, Douglas Harris

Duke Law & Technology Review

It is now possible for anyone with rudimentary computer skills to create a pornographic deepfake portraying an individual engaging in a sex act that never actually occurred. These realistic videos, called “deepfakes,” use artificial intelligence software to impose a person’s face onto another person’s body. While pornographic deepfakes were first created to produce videos of celebrities, they are now being generated to feature other nonconsenting individuals—like a friend or a classmate. This Article argues that several tort doctrines and recent non-consensual pornography laws are unable to handle published deepfakes of non-celebrities. Instead, a federal criminal statute prohibiting these publications is …

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Fighting Poison With Poison? The Chinese Experience With Pharmaceutical Patent Linkage, 11 J. Marshall Rev. Intell. Prop. L. 623 (2012), Benjamin Liu UIC School of Law

Fighting Poison With Poison? The Chinese Experience With Pharmaceutical Patent Linkage, 11 J. Marshall Rev. Intell. Prop. L. 623 (2012), Benjamin Liu

UIC Review of Intellectual Property Law

Countries after countries are adopting a controversial regulatory system of linking the market approval for pharmaceuticals to the status of potentially blocking patents as part of their bilateral and multilateral trade agreement package with the United States. Surprisingly, China took up pharmaceutical patent linkage in the absence of any treaty obligations and became the first country to adopt this regulatory regime outside of North America, despite the presence of a flourishing generics pharmaceutical industry and its developing country status. In fact, the Chinese regulation promised more intellectual property ("IP") protection than what even the United States FDA is capable of …

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Super Mario Decompiled, Joseph Godfrey UC Law SF

Super Mario Decompiled, Joseph Godfrey

UC Law Science and Technology Journal

Super Mario 64 was a video game released to critical acclaim in 1996. 24 years later, a group of dedicated fans reverse engineered the game and released reconstructed source code publicly on GitHub. Soon afterwards, an unofficial PC version of the game began circulating the internet. The decompilation project presents an opportunity to examine the legal status of reverse engineering under US Copyright law, and whether publicly releasing reverse engineered code is a fair use.

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Informational Inequality: How High Frequency Traders Use Premier Access To Information To Prey On Institutional Investors, Jacob Adrian Duke Law

Informational Inequality: How High Frequency Traders Use Premier Access To Information To Prey On Institutional Investors, Jacob Adrian

Duke Law & Technology Review

In recent months, Wall Street has been whipped into a frenzy following the March 31st release of Michael Lewis’ book “Flash Boys.” In the book, Lewis characterizes the stock market as being rigged, which has institutional investors and outside observers alike demanding some sort of SEC action. The vast majority of this criticism is aimed at high-frequency traders, who use complex computer algorithms to execute trades several times faster than the blink of an eye. One of the many complaints against high-frequency traders is over parasitic trading practices, such as front-running. Front-running, in the era of high-frequency trading, is best …

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"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert Case Western Reserve University School of Law

"Because It Is Wrong": An Essay On The Immorality And Illegality Of The Online Service Contracts Of Google And Facebook, Preston M. Torbert

Journal of Law, Technology, & the Internet

This essay argues that the behavioral-advertising business model under which an internet platform, such as Google or Facebook, provides free services in exchange for the user’s personal data is immoral and illegal. It is immoral because it relies on addiction, surveillance, and manipulation of the user to deplete the user’s autonomy. The contract between the company and the user is immoral. It can also be plausibly argued that the contract is illegal under California law because it is contrary to good morals, is unconscionable, and is against public policy. As society becomes more aware of these moral and legal defects, …

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Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray American University Washington College of Law

Sounds Of Science: Copyright Infringement In Ai Music Generator Outputs, Eric Sunray

Catholic University Journal of Law and Technology

The music business is no stranger to disruptive technology. The industry’s apparent comeback from the devastating downturn caused by illegal file sharing seems to have arrived just in time for what may be an even more disruptive technological phenomenon: artificial intelligence (“AI”). Much has been said about the implications of AI-generated music, ranging from issues of ownership, to rights of publicity. However, there has been surprisingly little discussion of infringement in the AI systems’ outputs. By examining the functionality of AI music generators through the lens of de minimis use case law, this paper will explain how the outputs of …

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Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi 2024 University of Missouri - Kansas City, School of Law

Ks Pop Celebrating Three Years Of Tech-Driven Justice For All, Ayyoub Ajmi

Faculty Works

This article explores the development and impact of the Kansas Protection Order Portal (KS POP), highlighting the vital role of law librarians in the portal's design and implementation. The article showcases how KS POP has streamlined the legal process for domestic violence, sexual assault, and human trafficking victims in Kansas, marking a significant advancement in accessible legal support and serving as a model for future innovations in the justice system.

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Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter 2024 DePaul University

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

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A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman 2024 DePaul University

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

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Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves 2024 DePaul University

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

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Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira McCabe 2024 DePaul University

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

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The Post-Dobbs Reality: Privacy Expectations For Period-Tracking Apps In Criminal Abortion Prosecutions, Sophie L. Nelson 2024 Pepperdine University

The Post-Dobbs Reality: Privacy Expectations For Period-Tracking Apps In Criminal Abortion Prosecutions, Sophie L. Nelson

Pepperdine Law Review

The Supreme Court’s decision to overturn Roe v. Wade and Planned Parenthood v. Casey in June 2022 was met with waves of both support and criticism throughout the United States. Several states immediately implemented or began drafting trigger laws that criminalize seeking and providing an abortion. These laws prompted several period-tracking app companies to encrypt their users’ data to make it more difficult for the government to access period- and pregnancy-related information for criminal investigations. This Comment explores whether the Fourth Amendment and U.S. privacy statutes protect users of period-tracking apps from government surveillance. More specifically, this Comment argues that …

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The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba 2024 Northwestern Pritzker School of Law

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Northwestern University Law Review

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

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What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward 2024 University of Montana

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.

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Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer 2024 University of Montana

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.

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Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier 2024 University of Montana

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.

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Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen 2024 University of Montana

Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen

Public Land & Resources Law Review

No abstract provided.

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Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer 2024 University of Montana

Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer

Public Land & Resources Law Review

No abstract provided.

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Editors And Staff Members, 2024 University of Montana

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

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Foreword, Deborah W. Denno, Erica Valencia-Graham 2024 Neuroscience and Law Center, Fordham University School of Law

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …

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Educating Deal Lawyers For The Digital Age, Heather Hughes 2024 American University, Washington College of Law

Educating Deal Lawyers For The Digital Age, Heather Hughes

Fordham Law Review

Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …

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The Legal Imitation Game: Generative Ai’S Incompatibility With Clinical Legal Education, Jake Karr, Jason Schultz 2024 New York University School of Law

The Legal Imitation Game: Generative Ai’S Incompatibility With Clinical Legal Education, Jake Karr, Jason Schultz

Fordham Law Review

In this Essay, we briefly describe key aspects of [generative artificial intelligence] that are particularly relevant to, and raise particular risks for, its potential use by lawyers and law students. We then identify three foundational goals of clinical legal education that provide useful frameworks for evaluating technological tools like GenAI: (1) practice readiness, (2) justice readiness, and (3) client-centered lawyering. First is “practice readiness,” which is about ensuring that students have the baseline abilities, knowledge, and skills to practice law upon graduation. Second is “justice readiness,” a concept proposed by Professor Jane Aiken, which is about teaching law students to …

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Fairness And Fair Use In Generative Ai, Matthew Sag 2024 Emory University School of Law

Fairness And Fair Use In Generative Ai, Matthew Sag

Fordham Law Review

Although we are still a long way from the science fiction version of “artificial general intelligence” that thinks, feels, and refuses to “open the pod bay doors,” recent advances in machine learning and artificial intelligence (AI) have captured the public’s imagination and lawmakers’ interest. We now have large language models (LLMs) that can pass the bar exam, carry on (what passes for) a conversation about almost any topic, create new music, and create new visual art. These artifacts are often indistinguishable from their human-authored counterparts and yet can be produced at a speed and scale surpassing human ability.

“Generative AI” …

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Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi 2024 George Washington University School of Law

Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi

Fordham Law Review

A profound shift is occurring in the way many decisions are made, with machines taking greater roles in the decision-making process. Two arguments are often advanced to justify the increasing use of automation and algorithms in decisions. The “Awful Human Argument” asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the “Better Together Argument,” posits that machines can augment and improve human decision-making. These arguments exert a powerful influence on law and policy.

In this Essay, we contend that in the context of making decisions about humans, these arguments are far too …

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If We Could Talk To The Animals, How Should We Discuss Their Legal Rights?, Andrew W. Torrance, Bill Tomlinson 2024 University of Kansas

If We Could Talk To The Animals, How Should We Discuss Their Legal Rights?, Andrew W. Torrance, Bill Tomlinson

Fordham Law Review

The intricate tapestry of animal communication has long fascinated humanity, with the sophisticated linguistics of cetaceans holding a special place of intrigue due to the cetaceans’ significant brain size and apparent intelligence. This Essay explores the legal implications of the recent advancements in artificial intelligence (AI), specifically machine learning and neural networks, that have made significant strides in deciphering sperm whale (Physeter macrocephalus) communication. We view the ability of a being to communicate as one—but not the only—potential pathway to qualify for legal rights. As such, we investigate the possibility that the ability to communicate should trigger legal …

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How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few Vs. The Many, Jason Yadhram 2024 Pace University, Elisabeth Haub School of Law

How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few Vs. The Many, Jason Yadhram

Journal of Law and Health

Humans have been a communal species since inception and continue to be so to this day. Because of this, if even a small scale of a measured population becomes severely ill, the entire remaining population and surrounding area is thrown into absolute chaos. In fact, we have seen these circumstances throughout history and in the recent COVID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. Since COVID-19 however, vaccination mandates have become an uneasy topic of conversation in the United States for essentially one main …

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Featured Publications

Popular Authors

Based on downloads in June 2023

Daniel Gifford University of Minnesota Law School

James Bessen Boston University School of Law

W. Price University of Michigan Law School

Frans von der Dunk University of Nebraska - Lincoln

Christopher Yoo University of Pennsylvania Carey Law School

Orin Kerr George Washington University Law School

Cary Coglianese University of Pennsylvania Carey Law School

Eliza MIK Singapore Management University

Eric Sunray American University Washington College of Law

Rebecca Eisenberg University of Michigan Law School

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