Science and Technology Law Commons^™

Digital Deterrence Through Financial Controls: Anti-Money Laundering Laws, Lawfare, And The Prc Cyber Threat, Owen T. Tremblay

William & Mary Law Review

This Note argues that anti-money laundering (AML) laws have the potential to serve as powerful tools in disrupting and degrading the support networks that enable and sustain PRC offensive cyber operations. [...] Part I provides an overview of the PRC’s cyber force structure and the national objectives it seeks to achieve through state-sponsored cyber operations. Part II examines the existing legal mechanisms employed to combat PRC MCA [Malicious Cyber Activity], including criminal charges, sanctions, export controls, investment restrictions, civil lawsuits, and other regulatory measures. Part III introduces AML laws as an additional tool in the legal and regulatory toolkit used …

Welcome To The Dollhouse: New Ai Technology Poses Ethical Issues In Prison Systems, Bailey Mccoy

Seattle Journal for Social Justice

No abstract provided.

How Ai Destroys Institutions, Woodrow Hartzog, Jessica Silbey

Faculty Scholarship

Civic institutions—the rule of law, universities, and a free press—are the backbone of democratic life. They are the mechanisms through which complex societies encourage cooperation and stability, while also adapting to changing circumstances. The real superpower of institutions is their ability to evolve and adapt within a hierarchy of authority and a framework for roles and rules, while maintaining legitimacy for the knowledge produced and the actions taken. Purpose-driven institutions built around transparency, cooperation, and accountability empower individuals to take intellectual risks and challenge the status quo. This happens through the machinations of interpersonal relationships within those institutions, which broaden …

Metrics Not Thresholds: How To Regulate Ai And Other Expert Methods For Use In Criminal Investigations And Proceedings, Rebecca Wexler

Faculty Scholarship

Should regulators set performance thresholds for AI tools used in the criminal legal system? This Article draws on U.S. evidence law for guidance. Its answer is ... don’t. Instead of gatekeeping with ex ante performance thresholds, regulators should require or incentivize metrics of reliability that can be clearly communicated to end-user decisionmakers.

The Impact Of Ai Companions On Family Law, Clare Huntington

Cardozo Law Review

People of all ages and backgrounds regularly use AI companions—virtual friends, lovers, and confidantes powered by artificial intelligence. As a new form of relationship, this development poses novel doctrinal and policy questions for family law. As a doctrinal matter, what does child neglect look like when a parent delegates caretaking to an AI companion? How should standards for elder neglect adapt to the widespread use of robotic caregivers? Should lawmakers impose mandatory reporting requirements on therapy bots if children share experiences of abuse or neglect? And can people designate an AI companion as a health care proxy? As a policy …

A Constitutional Black Box: Critically Assessing The Constitutional And Algorithmic Implications Of The Netchoice Cases, Sam Merkatz

Bates College Undergraduate Law Review

In 2024, the Supreme Court of the United States jointly heard Moody v. NetChoice, LLC and NetChoice, LLC v. Paxton, cases challenging Florida and Texas statutes that restricted the capacity of social media platforms to moderate content. While remanding the cases, the Court reaffirmed that content moderation and curation qualify as protected expression under the First Amendment. This paper critically assesses the Court's majority opinion and its nonbinding dicta regarding the expressive nature of algorithmic moderation.

Specifically, drawing on Justice Alito’s concurrence in judgement only, this paper argues that the Court fails to account for fundamental differences between traditional …

Tear Down The Wall: Why Requiring The Fda And The Pto To Share Information Will Improve The Decision-Making Of Both Agencies, Robin C. Feldman, Gideon Schor

Faculty Scholarship

An invisible wall separates the U.S. Food and Drug Administration (FDA) from the U.S. Patent and Trademark Office (PTO). This wall blocks inter-agency communication, depriving the PTO of information relevant to patent applications and depriving the FDA of information relevant to drug-approval applications. Consequently, it is too easy for a drug company to tell the PTO ‘our drug is new’ (in hopes of speeding a patent grant) while telling the FDA ‘our drug is not new’ (in hopes of speeding drug approval). Better communication between the FDA and PTO would increase agency accuracy by preventing inconsistent representations, and would increase …

Ai Mistakes: "Confabulation" And Abduction, Not "Hallucination", Stephen M. Mcjohn, Ian Mcjohn

Suffolk University Law School Faculty Works

"Hallucination" has become the common term for errors by AI systems, yet it implies a misleading analogy to human perception. LLM's process tokens. They do not have conscious experience or conscious perception. A hallucination is an experience, and (to our knowledge, to date) LLM's do not experience anything. This paper suggests that legal scholars follow the lead of a small number of AI researchers who have suggested that "confabulation" is a more accurate term, a metaphor grounded in psychology. People confabulate when they unknowingly invent spurious explanations or facts. We then take this terminological question and stretch it into a …

Ultras: Rethinking Tax Policy For Digital Assets, Lauren Liedel

The Journal of Business, Entrepreneurship & the Law

This comment examines the challenges current federal tax policy faces in addressing the rapidly expanding and volatile digital asset market. The author argues that the Internal Revenue Service’s (IRS) current "piecemeal" approach to defining taxable events—such as mining and staking—creates significant uncertainty for taxpayers and leads to strategic litigation. To resolve these issues, the article proposes the adoption of Unliquidated Tax Reserve Accounts (ULTRAs) as an alternative reporting framework. By utilizing blockchain's inherent capability to track notional interests, ULTRAs allow the IRS to account for economic activity while offering taxpayers the flexibility to defer actual payment until the assets are …

Guarding The Game: Building A Defensive Line Between Athletes' Biometric Data And Gambling Interests, Caroline Hébert

The Journal of Business, Entrepreneurship & the Law

This comment examines the intersection of wearable technology, professional sports, and the burgeoning sports betting industry. Focusing primarily on the National Football League (NFL), the author explores how biometric markers such as heart rate, stress levels, and fatigue—originally intended for player health and performance—are increasingly targeted for commercialization in the gambling market. The comment provides a critical analysis of the current legal landscape, noting that existing frameworks like HIPAA and GINA, as well as current Collective Bargaining Agreements (CBAs), offer insufficient protections for athletes' sensitive personal data. Hébert identifies key points of exploitation by third-party vendors and highlights the conflicting …

Professor Jacob Noti-Victor Accepted To 2026 Harvard/Stanford/Yale Junior Faculty Forum, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Professor Jacob Noti-Victor was selected to present his paper, Copyright Litigation After Generative AI, at the 2026 Harvard/Stanford/Yale Junior Faculty Forum. Chosen through a competitive double-blind review process, his paper examines how generative artificial intelligence is reshaping copyright litigation and proposes procedural reforms to address emerging legal challenges.

Hype Or Fraud? Ai-Washing And The Limits Of The Term “Misleading” Under Sec’S Section 10(B) And Rule 10b-5, Elizabeth De La Chapelle

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Systemic Failure And Synthetic Abuse: Regulating Nonconsensual Deepfakes Under The Take It Down Act, Chisomeme Nwuda

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Shockwave Heard Around The World: Uspto No Longer Allows Petitioners To Use General Knowledge To Fill Gaps In Prior Art During Inter Partes Review, Hannah Lesser

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Front Matter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Perils Of Trademark Co-Ownership And The Need For Co-Ownership Agreements, Cameron Quilling

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Les Outils Numériques : Instruments D’Inclusion Ou D’Exclusion Fiscale ?, Karim Daher

Proche-Orient, Études juridiques

Over the past few decades, with the rapid technological advancements, multinational enterprises (MNEs) and notably the internet giants have acquired a global dimension and such power which allowed them free and dominant penetration in developing countries’ markets such as Lebanon. This unrestricted penetration was facilitated by the absence of any specific local or international legal framework as well as smart tailored tax optimization enabling them to compete with local businesses and deprive national economies of significant resources. This situation has contributed at the same time to the development of the parallel or informal economy and led to a proliferation of …

Dignity For The Deceased: The Abolition Solution To The Laws Governing Unclaimed Body Donation, Lauren Bayerl

Cleveland State Law Review

This Note explores the dangers bubbling under the surface of body donation law across the United States. Specifically, this Note investigates the little-known contours of Ohio law that open the door for body donation practices that may bypass an individual’s consent. While data is slim on the real-world outcomes that such quirks in state law have produced, a recent news story out of Texas highlights the very real danger that the structure of these state body donation laws can produce. This Note first details the laws in place in Ohio that govern body donation, using one state’s laws as a …

Uscis-Grounded Ai: Preventing Hallucinations In Immigration Legal Services, Hephzibah Igwe

ONU Student Research Colloquium

Artificial intelligence chatbots increasingly provide legal information to consumers, but AI "hallucinations" (confidently stated but incorrect responses) pose serious risks in immigration law. Incorrect information about USCIS forms, fees, processing times, or filing procedures can result in visa denials, deportation proceedings, or permanent bars to entry.

This research presents a novel "source-grounded AI" system that eliminates hallucinations in immigration legal information. Rather than relying solely on large language models (LLMs) trained on general internet data, the system uses USCIS.gov as the primary source of truth for all operational data including current forms, fees, processing times, filing addresses, and policy updates. …

Confidentiality Of Ai Conversations: Protecting Self-Represented Litigants Who Use Chatgpt For Legal Advice, Anoo D. Vyas

Duke Law & Technology Review

When a layperson uses ChatGPT to obtain feedback on a legal matter, attorney-client privilege may not apply, as ChatGPT is not a lawyer, much less a human. Further, while lawyers are entitled to protection for their opinion work-product, it is not clear whether self-represented litigants are entitled to the same protection. Additionally, the broader duty of confidentiality binds only attorneys, not AI systems like ChatGPT. The public increasingly uses AI tools such as ChatGPT. If a layperson employs ChatGPT for legal advice, particularly in a civil matter, such communications may be discoverable and potentially admissible. This presents an access to …