Science and Technology Law Commons^™

Deceptive By Nature: A Model For Regulating Native And Embedded Advertising In The Contexts Of Children's Audiences, Zach Cihlar

Cardozo Arts & Entertainment Law Journal

The note advocates for enhanced regulatory measures to protect children from deceptive native and embedded advertising in digital media. It emphasizes the need for the Federal Trade Commission (FTC) to expand its regulatory framework to classify such advertising as deceptive, leveraging existing laws like the Federal Trade Commission Act (FTCA) and the Children's Online Privacy Protection Act (COPPA). The proposed model suggests a combination of stricter regulations, parental involvement through technology, and strengthened self-regulatory mechanisms to address the challenges posed by modern advertising formats.

Can Chatgpt And The Like Be Your Co-Authors?, Hadar Y. Jabotinsky, Michal Lavi

Cardozo Arts & Entertainment Law Journal

On November 30, 2022, OpenAI released an AI based chatbot called ChatGPT (Generative Pre-trained Transformer). This AI system uses natural language processing (NLP) techniques to generate written text by learning the patterns and structures of natural language. ChatGPT is a versatile chatbot with the ability to write speeches, news articles, and essays either wholly or partially. Some users acknowledge ChatGPT as a co-author of the generated text, while others only acknowledge its use in writing the document. In fact, this issue became so pressing in academia that Springer Nature, the world's largest academic publisher, announced that software like ChatGPT cannot …

Service Of Process Via Nft Airdrops: The Pathway To Private Litigation For Injured Web3 Plaintiffs, Sophia Dudgeon

Cardozo Arts & Entertainment Law Journal

The note explores the evolving landscape of legal process in the digital age, focusing on the use of blockchain technology and NFTs for serving legal notices. It argues that courts are increasingly adapting traditional due process principles, such as those established in Mullane v. Alabama, to accommodate emerging technologies. The analysis highlights the landmark case LCX AG v. 1.274M U.S. Dollar Coin, where a court approved serving process via NFT airdrop, demonstrating how technological innovations can enhance access to justice in digital asset disputes. The author advocates for courts to embrace expansive interpretations of alternative service methods to …

Introductory Remarks, Carly Rothstein

Cardozo Arts & Entertainment Law Journal

This introductory remark explores the implications of recent Supreme Court decisions in Bad Spaniels and Andy Warhol on intellectual property law, focusing on the evolving landscape of copyright and trademark protections. It highlights the challenges and opportunities these rulings present for balancing artistic expression, cultural norms, and legal frameworks. The symposium serves as a platform for scholars and practitioners to discuss these developments and their broader impact on IP law and policy.

Panel 1: Copyright Law, Michael W. Carroll, Peter Karol, Christopher Sprigman, Jacob Noti-Victor

Cardozo Arts & Entertainment Law Journal

The Warhol v. Goldsmith case has reshaped the interpretation of fair use in copyright law, emphasizing market competition and the commercial purpose of the use. The Supreme Court's decision focused on the commercial licensing of Warhol's work, highlighting the importance of assessing whether the use competes with the original work's market. This shift could influence future cases, particularly in technology and art, by potentially altering how transformative use and market competition are evaluated.

Why The Supreme Court Rejected The Prospect Theory Of Copyright Scope, Michael W. Carroll

Cardozo Arts & Entertainment Law Journal

In Google LLC v. Oracle America, Inc. ("Google v. Oracle"), and again in Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith ("Warhol"), the parties and various amici presented the Court with a variety of arguments about the relationship between a copyright owner's right to make derivative works from a protected work and a user's right to make fair uses of that same work. At bottom, these arguments were about the proper, or even optimal, scope of copyright.

This Essay argues that these arguments were instead grounded in a form of "prospect theory" of copyright scope that …

From The Editor, Sydney Weigert

Colorado Technology Law Journal

No abstract provided.

Table Of Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Fixing Algorithmic Pricing? Competition Concerns And Solutions, Henry Hauser

Colorado Technology Law Journal

No abstract provided.

A Portfolio Approach To Trusted Intermediaries For Online Content And Conduct, David Sullivan

Colorado Technology Law Journal

No abstract provided.

Rise Of The Knowmebots: Promoting The Two Dimensions Of Al Agency, Richard S. Whitt

Colorado Technology Law Journal

No abstract provided.

Govtech Stack - Building And Buying Towards Digital Sovereignty, Smitha Krishna Parsad

Colorado Technology Law Journal

No abstract provided.

How To Connect The Unconnected: Broadband Policy In Colorado, Nicole Genevieve Ela

Colorado Technology Law Journal

No abstract provided.

Psychedelics, Psychosocial Support, And Psychotherapy: Why It Matters For The Law, Ethics, And Business Of Medical Psychedelic Use, I. Glenn Cohen

Fordham Law Review

No abstract provided.

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …

A Tale Of Two Sams: Effective Altruism’S Threat To The Security Of Emerging Technology, Mackenzie Young

SMU Science and Technology Law Review

Since the onset of scientific innovation, the character and charisma of the inventors and scientists behind emerging technologies have been a centerpiece of focus. However, in light of the driving forces behind innovation—especially the global need to “get ahead” of competitors—few are willing to inquire into the sincerity of held belief. From the ouster of Sam Altman as CEO of OpenAI to the criminal conviction of cryptocurrency mogul Sam Bankman-Fried, the philosophy of “effective altruism” has taken over the minds, hearts, and pocketbooks of Silicon Valley.

This Comment evaluates the origins of the Effective Altruism movement and argues that its …

Race, Disability, And Section 230, Blake Reid

Publications

No abstract provided.

"The Internet Is Forever": Evaluating Eraser Laws As A Viable Legislative Solution To The Sharenting Epidemic, Madeline Sands Finlayson

Colorado Technology Law Journal

No abstract provided.

Emerging Technology's Unfamiliarity With Commercial Law, Carla L. Reyes

Faculty Journal Articles and Book Chapters

Over the course of a three-year, collaborative process that was open to the public, the Uniform Law Commission (ULC) and the American Law Institute (ALI) undertook a project to revise the Uniform Commercial Code (UCC) to account for the impact of emerging technologies on commercial transactions. The amendments, approved jointly by the ULC and ALI in July 2022, touch on aspects of the entire UCC, but one change has inspired ire and attracted national media attention: a proposed revision to the definition of “money.” The 2022 UCC Amendments alter the definition of “money” to account for the introduction of central …

Data In Business & Society, Tabrez Y. Ebrahim

Lewis & Clark Law Review

Data, it is sometimes said, is the world’s new oil. Unlike the days when information was transmitted in print form, data is transmitted at the touch of a fingertip through the click of a mouse or a push of an icon on a phone app. Algorithms and computing systems have drastically expanded the scope, speed, and volume of access and use of data for consumers. Additionally, businesses, in variety of forms, including business-to-business, business-to-consumer, online, and even brick-and-mortar, have employed data to interact with other businesses and with consumers. Data has drastically expanded in use throughout business and society, and …