How Licensing Compromised The Library,
2026
University of Michigan Law School
How Licensing Compromised The Library, Aaron Perzanowski
Seattle Journal of Technology, Environmental, & Innovation Law
No abstract provided.
Rethinking Federal Rule Of Evidence 707: Reliability And Transparency In Ai-Generated Evidence,
2026
Texas Tech University School of Law
Rethinking Federal Rule Of Evidence 707: Reliability And Transparency In Ai-Generated Evidence, Sara Williams
Richmond Journal of Law & Technology
As artificial intelligence continues to become an increasingly common tool in the modern legal profession, it is important for the United States to not fall behind in regulating it. Artificial intelligence is being relied upon more and more to support modern trials, but the current Federal Rules of Evidence do not address AI specific concerns, such as a lack of traceability, non-reproducibility, or algorithmic reliability. This regulatory gap leaves attorneys and fact finders uncertain about how such evidence should be evaluated. This Article analyzes the current status of evidentiary rules regarding human and machine-generated expert witnesses and argues that the …
Reforming Antitrust: Addressing Data Monopolization In Two-Sided Digital Markets,
2026
Brooklyn Law School
Reforming Antitrust: Addressing Data Monopolization In Two-Sided Digital Markets, Linyi Li
Brooklyn Journal of Corporate, Financial & Commercial Law
The rise of dominant digital platforms has revealed fundamental shortcomings in U.S. antitrust law. Grounded in the consumer welfare standard and its focus on price effects, current doctrine struggles to regulate markets in which services are offered at zero monetary cost and competitive power is derived from the accumulation and control of user data. In two-sided digital markets, data functions as a central competitive asset, enabling platforms to entrench market power, raise barriers to entry, suppress innovation, and impose non-price harms on consumers. These harms frequently escape antitrust scrutiny because they do not manifest as higher prices or reduced output. …
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies,
2026
Brooklyn Law School
The Constitution And Financial Freedom: Analyzing First Amendment Claims About Cryptocurrencies, Mithun Imbulamure
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the United States has intensified regulatory oversight of cryptocurrency technologies. In August 2022, the Treasury Department's Office of Foreign Assets Control sanctioned Tornado Cash, a cryptocurrency mixer, leading to the prosecution and conviction of its developers for operating an unlicensed money transmitting business. Congress also amended § 6050I of the Tax Code through the Infrastructure Investment and Jobs Act, extending cash transaction reporting requirements to digital assets. These developments prompted cryptocurrency advocates to assert First Amendment protections for their activities, arguing that compelled disclosure requirements violate associational privacy and that computer code constitutes protected speech. The government …
Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier,
2026
Brooklyn Law School
Law Grapples With Its Achilles’ Heel? Uncertainties, Digital Experiments, And The Ai Frontier, Heng Wang
Brooklyn Journal of Corporate, Financial & Commercial Law
The governance of digitalization—which encompasses developments such as artificial intelligence (AI) and central bank digital currencies (CBDCs)—confronts serious challenges. At the core of these challenges are uncertainties, which form the central obstacle to effective governance. These uncertainties range from cyber risks to shifting societal responses. Law, as an institutionalized framework of governance, faces mounting pressure and wrestles with a fundamental vulnerability: traditional legal frameworks struggle to address uncertainties in digitalization. To tackle the pervasive challenges of uncertainties, this article addresses two connected questions: What uncertainties does law face in governing digitalization shaped by emerging technologies? How can a learning-oriented governance …
U.S. V. Washington: Considering The Continuing Injunction Of The Boldt Decision,
2026
Alexander Blewett III School of Law, University of Montana
U.S. V. Washington: Considering The Continuing Injunction Of The Boldt Decision, Nicholas Brown
Public Land & Resources Law Review
Judge George Hugo Boldt’s 1974 opinion in United States v. Washington was a landmark decision in the recognition of treaty fishing rights for tribes in western Washington. Not only did it recognize the entitlement to 50% of harvestable yields of fish within the tribes’ usual and accustomed fishing sites, but it also provided a permanent injunction to protect future fishing rights for generations to come. Now, over fifty years since the original “Boldt decision” was made, judges in the Ninth Circuit are debating whether the continued injunction to litigate intertribal disputes over treaty fishing rights is proper. This article considers …
Western Watersheds Project V. Schultz, Cv 22-149-M-Dlc-Kld, 2025 Lx 449507, 2025 Wl 2410283 (D. Mont. Mar. 27, 2025),
2026
Alexander Blewett III School of Law, University of Montana
Western Watersheds Project V. Schultz, Cv 22-149-M-Dlc-Kld, 2025 Lx 449507, 2025 Wl 2410283 (D. Mont. Mar. 27, 2025), Luke A. Zagar
Public Land & Resources Law Review
Western Watersheds Project v. Schultz delineates what the Forest Service is required to consider for revising Allotment Management Plans as prescribed by NEPA. Environmental plaintiffs sued, arguing that the Forest Service’s reliance on an older baseline assessment was arbitrary and capricious and that the revised AMP failed to consider major impacts on the grizzly bear population. The District of Montana held that the reliance on an older baseline assessment was acceptable but simultaneously found the AMP to be arbitrary and capricious under the “hard look” standard.
San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025),
2026
Alexander Blewett III School of Law, University of Montana
San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025), Erika C. Rader
Public Land & Resources Law Review
In San Luis Obispo Coastkeeper v. Cnty. of San Luis Obispo, the Ninth Circuit addressed how to consider a mandatory preliminary injunction for an Endangered Species Act claim when multiple listed species may be affected by the requested relief. The Plaintiffs brought ESA and state law claims to compel the County of San Luis Obispo to change its operation of the Lopez Dam on Arroyo Grande Creek, which they claimed adversely affected South-Central California Coast steelhead trout. The tidewater goby and California red-legged frog, both listed species, are also present in Arroyo Grande Creek. The Ninth Circuit determined the …
Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act,
2026
Alexander Blewett III School of Law, University of Montana
Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey
Public Land & Resources Law Review
The Ninth Circuit’s 2025 decision in Tohono O’odham Nation v. Department of Interior highlights an ongoing failure by federal land management agencies to consult meaningfully with tribal nations as mandated by the 1966 National Historic Preservation Act. This article argues that the NHPA’s framework for tribal consultation enables federal land management agencies to sidestep meaningful engagement with tribes, undermining both cultural resource protection and the federal Indian trust responsibility. To address these deficiencies—particularly in the context of renewable energy development on federal public lands, directly at issue in Tohono O’odham Nation—this article proposes amendments to the NHPA informed by …
Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025).,
2026
Alexander Blewett III School of Law, University of Montana
Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee
Public Land & Resources Law Review
This comment argues that the District of Montana’s decision in Wilderness Watch v. U.S. Forest Service correctly applied the Ninth Circuit’s Kofa framework to strike down a multi-agency native trout restoration project in the Absaroka-Beartooth Wilderness, holding that the Forest Service unlawfully prioritized Yellowstone cutthroat trout conservation over the Wilderness Act’s mandate to preserve wilderness character. Dee further contends that while large wilderness watersheds offer valuable climate refugia for native coldwater fish, watershed-scale restoration projects will continue to conflict with the Act’s prohibitions on motorized and mechanized intrusions so long as agencies rely on helicopter transport and rotenone application at …
Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones,
2026
Seattle University School of Law
Off-The-Shelf Danger: The Need For Overhauling Faa Regulations To Combat The Misuse Of Commercial And Recreational Drones, Ka Ching "Cyrus" Au
Seattle Journal of Technology, Environmental, & Innovation Law
This article discusses how FAA Part 107 has not kept pace with
advances in drone technology and advocates for a tailored solution for
drones. The increasing accessibility of sophisticated drone technology
presents significant national security and public safety challenges.
Regulatory frameworks posed by the Federal Aviation Administration
(FAA) are insufficient to address these growing concerns. The drone
technology originally marketed and developed for photography,
agriculture, and package delivery is now being repurposed for military use
and illegal activities. In the Russo–Ukrainian war, drones are now used to
carry advanced reconnaissance capabilities or are equipped with remotely
detonated explosives. Along a …
Masthead,
2026
UC Law SF
Lessons Learned From The Gemini.Com Ipo,
2026
Prairie View A&M University
Lessons Learned From The Gemini.Com Ipo, Lawrence J. Trautman
UC Law Science and Technology Journal
On August 15, 2025, Gemini Space Station, Inc. filed a registration statement on Form S-1 with the U.S. Securities and Exchange Commission (SEC) contemplating the offering of up to 16,666,667 shares of Common Stock. After receiving comments from the Commission and the additional filing of amendments to the prospectus, the offering of about 15.2 million shares was priced before market opening on September 12, 2025, at $28 per share. Gemini’s “shares opened at $37.01 . . . at which it raised $425 million,” valuing the Company at $4.4 billion. Gemini’s disclosure documents provide an excellent description of the many new …
“It Wasn’T Me”: The Right Of Publicity In The Age Of Generative Ai,
2026
UC Law SF
“It Wasn’T Me”: The Right Of Publicity In The Age Of Generative Ai, Erin Mcguinness
UC Law Science and Technology Journal
No abstract provided.
Liability Standards In Autonomous Robotic Surgery,
2026
UC Law SF
Liability Standards In Autonomous Robotic Surgery, Hee Jung Cho
UC Law Science and Technology Journal
No abstract provided.
Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi,
2026
Universitas Indonesia
Pertanggungjawaban Hukum Pemerintah Terhadap Insiden Siber Kebocoran Data Pribadi, Shafira Meutia Syahrial, Edmon Makarim, Zahrashafa Putri Mahardika, Ayu Galuh Anggraini
Technology and Economics Law Journal
The United Nations declared the internet a global facility. Over the past decade, the urgency of efforts to protect the safety and security of cyberspace has increased exponentially with numerous malicious cyber incidents impacting infrastructure that provides services to the public. The internet is a communication channel related to the lives of many people, so all countries have a role to protect the internet. The preamble to the 1945 Constitution mandates the formation of a government to protect the Indonesian nation. The government is responsible for state administration based on Article 40 of the ITE Law, particularly in the case …
Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward,
2026
University of Cincinnati College of Law
Patentability Of Ai-Assisted Inventions: Guidance, Case Law, And A Roadmap Forward, Zhipeng Zhu
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Muth's Law: Anticipating Ai Model Collapse,
2026
Northwestern Pritzker School of Law
Muth's Law: Anticipating Ai Model Collapse, Karl T. Muth
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Molecules And Monoclonals: The Two-Tiered Patent System,
2026
University of Cincinnati College of Law
Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?,
2026
University of Cincinnati College of Law
Generative Ai Training And Fair Use: Can Chatgpt Turn Your Favorite Meme Into A Stupid Ghibli Animation?, Liam Donovan
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
