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Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert 2025 Benjamin N. Cardozo School of Law

Duped: The Implications Of The Proliferaiton Of Superfake Luxury Goods And What Consumers May Not Have Considered, Riann Colbert

Cardozo Arts & Entertainment Law Journal

The proliferation of "Superfake" luxury goods, which are high-quality counterfeit items nearly indistinguishable from authentic products, poses significant challenges to trademark law, consumer protection, and the broader economy. These items, often sold through e-commerce platforms, not only undermine legitimate businesses but also expose consumers to health risks, support organized crime, and perpetuate environmental harm. The note advocates for enhanced legal frameworks and consumer education to mitigate these issues.


Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes 2025 Benjamin N. Cardozo School of Law

Artificial Intelligence And Its Exploitation By The Fashion Industry, Stephanie Solis-Kepes

Cardozo International & Comparative Law Review

The note explores the transformative impact of artificial intelligence (AI) on the fashion industry, highlighting its potential to enhance efficiency, innovation, and customer experience. However, it underscores the critical legal and ethical challenges, including data privacy, intellectual property rights, supply chain transparency, and diversity issues, that must be addressed to ensure responsible and equitable adoption of AI technologies.


Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban 2025 Benjamin N. Cardozo School of Law

Healing An Unimaginable Loss: How Social Media Platforms Can Help Bereaved Parents Through Adr, Molly Baraban

Cardozo Journal of Conflict Resolution

This Note will argue that Alternative Dispute Resolution ("ADR") can successfully be utilized to mediate disputes between parents and social media platforms to facilitate account access in certain instances where a minor child has passed away in a manner that warrants answers. This Note will argue that the rise in mediation being used to resolve probate issues and reform of arbitration use amongst social media platforms, coupled with the continued increase of minors using social media, indicates opportunities for settlements between parents and platforms. This Note will then propose a multi-tiered approach, that would first utilize a conciliator who is …


Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo 2025 University of Richmond School of Law

Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo

Law Faculty Publications

The growing number and intricacy of online services, in addition to dwindling formats like CD-ROMs and print, are ushering in new expectations and opportunities for electronic resources librarians (ERLs). From developing data analysis and management strategies, to automating tasks, managing modern authentication workflows, and navigating the nascent landscape of generative artificial intelligence (AI), ERLs are wearing many hats as they adapt quickly to shifts in technology and the needs of their institutions. In November 2024, the authors conducted an informal survey (which generated 51 responses) of American Association of Law Libraries (AALL) members via several My Communities groups. The authors …


Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman 2025 Benjamin N. Cardozo School of Law

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.


The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen 2025 Tilburg Law School

The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen

Cardozo Arts & Entertainment Law Journal

The Rule of Law is neither just a principle nor solely the institutions that embody that principle, a critical aspect of the Rule of Law is its grounding in trust which often gets neglected in the surrounding discourse. When the citizens' trust in the Rule of Law weakens, the Rule of Law becomes fragile. In this article we examine the impact of emerging technologies on the citizens' trust in the Rule of Law. Our analysis is specifcally focused on the effect of systemic disinformation which is likely to worsen with the advent of Generative AI, algorithmic misgovernance, and the digitalization …


"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses, Sebastian Saavedra 2025 Benjamin N. Cardozo School of Law

"The Gift Of A Golden Voice": Shaping The Right Of Publicity To Protect Performers From A.I. Abuses, Sebastian Saavedra

Cardozo Arts & Entertainment Law Journal

The note explores the evolving nature of the right of publicity, a unique area of intellectual property and privacy law that protects individuals' control over their likeness and persona. It examines the challenges posed by emerging technologies, particularly AI-generated content, and advocates for a balanced approach that integrates elements from trademark and copyright law while respecting First Amendment rights. The analysis emphasizes the need to protect performers' rights to their public image without undermining established legal frameworks.


Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era, Shreya Kalidindi 2025 Benjamin N. Cardozo School of Law

Can Commercials Be Art? An Analysis Of Intellectual Property Preawareness In The Barbie Era, Shreya Kalidindi

Cardozo Arts & Entertainment Law Journal

The note examines the evolution of advertising, particularly native advertising, and critiques the inadequacy of current regulatory frameworks in addressing its deceptive potential. It highlights how modern advertising practices, such as product placement in films like Barbie, blur the line between commercial speech and artistic expression, challenging the Federal Trade Commission’s (FTC) ability to protect consumers. The analysis argues that strengthening existing regulations is insufficient and advocates for empowering consumers to make informed decisions, as the legal system struggles to keep pace with innovative advertising strategies.


"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment, Hannah M. Bartfield 2025 Benjamin N. Cardozo School of Law

"Be Thankful I Don't Take It All ('Cause I'M The Taxman)": Music Transactions, Catalog Sales, And Tax Treatment, Hannah M. Bartfield

Cardozo Arts & Entertainment Law Journal

This Note examines music catalog transactions from a tax perspective to determine the key considerations, benefits, and consequences of such a transaction, and then addresses why these characteristics are inconsistent with the purpose of copyright law. First, this Note addresses the copyright concepts that govern the music industry in Part I.B. In Part II, royalties are discussed as one method that musicians can rely on to earn revenue from their music, including a summary of how those earnings are taxed. In Part III, these findings will be weighed against similar considerations for the sale of an artist's music catalog, including …


Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Mateusz Blaszczyk 2025 University of Georgia School of Law

Copyright Doctrine Before The Tribunal Of Science: A Response To Professor Silbey, Mateusz Blaszczyk

Scholarly Works

In an important new Article, titled A Matter of Facts: The Evolution of the Copyright Fact-Exclusion and Its Implications for Disinformation and Democracy, Professor Jessica Silbey argues provocatively that we “‘only” know that facts are excluded from copyright protection because Feist Publications v. Rural Telephone Service “says so.” She argues that both the nature and importance of facts has been underdefined and is in flux, nonetheless tracing it to the foundational cases of United States (U.S.) copyright law, and argues for a stronger exclusion of facts, which are publici juris, and belong in the public domain. This central …


From The Editor, Sydney Weigert 2025 University of Colorado Law School

From The Editor, Sydney Weigert

Colorado Technology Law Journal

No abstract provided.


Table Of Contents, Colorado Technology Law Journal 2025 University of Colorado Law School

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.


Developing A True North For Regulating At: The Importance Of Protecting Consumers And Promoting Innovation, Phil Weiser 2025 University of Colorado Law School

Developing A True North For Regulating At: The Importance Of Protecting Consumers And Promoting Innovation, Phil Weiser

Colorado Technology Law Journal

No abstract provided.


The Untold History Of "Harmful Interference" In The Regulation Of Radio Frequency Communications, Peter A. Tenhula, Carl R. Frank 2025 University of Colorado Law School

The Untold History Of "Harmful Interference" In The Regulation Of Radio Frequency Communications, Peter A. Tenhula, Carl R. Frank

Colorado Technology Law Journal

No abstract provided.


The Mental State Of Expression: Generative Ai And The Latent Mens Rea Of Copyright, Dane Fogdall 2025 University of Colorado Law School

The Mental State Of Expression: Generative Ai And The Latent Mens Rea Of Copyright, Dane Fogdall

Colorado Technology Law Journal

No abstract provided.


Who Owns The Digital Athlete?, Kevin Nguyen 2025 University of Colorado Law School

Who Owns The Digital Athlete?, Kevin Nguyen

Colorado Technology Law Journal

No abstract provided.


Code As Content: Open Source Software And Platform Liability, Jessica Cheng 2025 University of Colorado Law School

Code As Content: Open Source Software And Platform Liability, Jessica Cheng

Colorado Technology Law Journal

No abstract provided.


Internet Infrastructure And Content Moderation In The Shadows, Jelena Laketic 2025 University of Colorado Law School

Internet Infrastructure And Content Moderation In The Shadows, Jelena Laketic

Colorado Technology Law Journal

No abstract provided.


Fintech And Techno-Solutionism, Hilary J. Allen 2025 American University Washington College of Law

Fintech And Techno-Solutionism, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

Silicon Valley-style technological innovation is ill-suited to addressing complex problems like financial inclusion, concentrated market power, and privacy harms, yet promises abound that “fintech” can fix them. This oversimplified reduction of complex structural problems into technological puzzles is known as “techno-solutionism,” and it poses real dangers for public policy. When we start with the tech industry’s favored tools and then ask how to solve complex problems using those tools – rather than starting by defining the problem to be solved – it can distract policymakers from supporting real, structural solutions. Techno-solutionism can also deter policymakers from interrogating the limitations, and …


Shoot The Messenger: Why Section 230 Does Not Shield Suggestive Content Delivery, Alexander Heinkele 2025 Benjamin N. Cardozo School of Law

Shoot The Messenger: Why Section 230 Does Not Shield Suggestive Content Delivery, Alexander Heinkele

Cardozo Law Review de•novo

Internet companies have frequently relied on Section 230 of the Communications Decency Act of 1996 to avoid liability for third-party content hosted on their platforms. However, over time, companies began to take advantage of the broad cover of Section 230 in circumstances outside the statute’s original scope. This Note advocates for a more nuanced interpretation of the statute as it applies to suggestive algorithms and offers a proposal for amending Section 230 to better reflect the modern digital landscape.


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