International Law

ARTICLE The Demise of the Functionality Doctrine in Design Patent Law Perry J. Saidman* The so-called doctrine of functionality arises in both design patent validity and infringement analyses. Broadly stated, the doctrine seeks to ensure that design patents do not...

ARTICLE The Algorithm Game Jane Bambauer* & Tal Zarsky** Most of the discourse on algorithmic decisionmaking, whether it comes in the form of praise or warning, assumes that algorithms apply to a static world. But automated decisionmaking is a dynamic...

Residual State Power to Regulate Presidential Qualifications in The Wake Of Trump v. Anderson and Moore v. Harper by Vikram David Amar; History, Tradition, and Voter Registration by Joshua A. Douglas; “The Real Preference Of Voters”: Madison’s Idea of a...

Adjudicating De Facto Parentage by Stephanie L. Tang; Behind the Bench: Unmasking the Judicial Role in North America’s Prolonged Access to Justice Crisis by Brajesh Ranjan; Abuse Victims Are Not Sleeping Away Their Day in Court: Claim Preclusion and Wisconsin...

The legal profession is facing an era of change driven by technological advancements, environmental crises, shifting client expectations, and evolving societal norms. This article argues that flexibility and resilience are not just positive personality traits but essential legal skills that...

Abstract The widespread usage of machine learning systems and econometric methods in the credit domain has transformed the decision-making process for evaluating loan applications. Automated analysis of credit applications diminishes the subjectivity of the decision-making process. On the other hand,...

Vanderbilt law students are active, public-minded, and come from a variety of backgrounds - all qualities reflected by a wide variety of thriving student organizations at the law school. Even with little free time, most students find it worthwhile to...

This note explores the current state of and perspectives on the legal qualification of artificial intelligence (AI) outputs in Ukrainian copyright. The possible legal protection for AI-generated objects by granting sui generis intellectual property rights will be examined. As will...

Aim: The continuous growing influence of technologies based on artificial intelligence will continue to have an increasingly strong impact on various fields of society, which is evident in the generation of a great expectation in continuous evolution that revolutionises many...

Introduction Forty years ago, the Supreme Court decided New Jersey v. T.L.O.,[1] a landmark case about Fourth Amendment rights in schools. T.L.O. was a compromise. For the first time, the Court recognized that students have a right to be free...

Nearly sixty years after the passage of the Fair Housing Act (FHA), racial segregation, housing discrimination, and consequent disparities in health and opportunity stubbornly persist. Yet the Department of Housing and Urban Development has made limited use of the FHA’s...

Over the last decade, federal regulations have faced increasingly more challenging hurdles. The Supreme Court’s 2024 decision in Loper Bright, putting an end to Chevron deference, and its 2022 decision in West Virginia v. EPA, announcing the “major questions doctrine,”...

The foundations of the administrative state are being reshaped, both by the continuing transformations of administrative law doctrine by the courts and by the ambitions for restructuring the executive branch among the current presidential administration. But at the same time,...

Artificial intelligence is currently in the center of attention of legal professionals. In recent years, a variety of efforts have been made to predict judicial decisions using different machine learning models, but no realistic performance comparison between them is available....

This article examines the impact of artificial intelligence (AI) on copyright and related rights in the context of today’s digital environment. The growing role of AI in creativity and content creation creates new challenges and questions regarding ownership, authorship and...

Administrative law is undergoing a tremendous amount of change. Presidential administrations have abandoned long-held practices and embraced new strategies to make policy through adjudication and regulation. Meanwhile, the Supreme Court has reworked foundational principles of federal administrative law including agency...

Introduction Legislatures face a tension between legislative effectiveness and the inclusion of minority parties in policymaking. On one hand, providing minority party members with a meaningful role in the development of legislation may decrease the…The postIncluding Minority Parties in Policymaking:...

Following its victory in Dobbs, the antiabortion movement has set its sights on a national abortion ban. Affiliates of the second Trump Administration—including the vice president-elect—have endorsed the renewed enforcement of the 1873 Comstock Act…The postThe Comstock Act’s Equal Protection...

In 2021, Arizona created the alternative business structure (ABS), which allows nonattorneys to own a firm that provides legal services and actively participate in firm management. Scholars have argued that this new paradigm will erode…The postCrossing the Rubicon: Assembling a...

This speech, given by the general counsel of the Consumer Financial Protection Bureau (CFPB) on January 7, 2025, examines how federal government lawyers can help ensure that laws are faithfully administered to address the contemporary…The postThe Federal General Counsel, Law,...

This world is vast, dangerous, and dying. You take your first steps, uncertain of who you are, where you are going, or who is responsible for the conditions in which you find yourself. You can learn more, but you will...

In the last few years, the Supreme Court has embraced a formalist approach to separation of powers law, allegedly justified by the Constitution’s “original meaning.” It is revolutionary, rapidly remaking the constitutional law of administration. But the Court’s engagement with...

The kids are not okay. Evidence of decreasing school performance, increasing rates of depression and anxiety, and declining social engagement among minors has created...The postContent Neutrality for Kids: Intermediate Scrutiny for Social Media Age-Verification Lawsappeared first onHarvard Law Review.

The proper principles for the regulation of autonomous weapons were studied here, some of which have already been inserted in International Humanitarian Law (IHL), and others are still merely theoretical. The differentiation between civilians and non-civilians, the solution of liability...

This article explores the transformative impact of artificial intelligence on legal knowledge work, examining the evolution from traditional document-centric processes to sophisticated AI-augmented workflows. The article shows the technological foundations of legal AI systems, highlighting the capabilities and limitations of...

Claims, disputes, and litigations are major legal issues in construction projects, which often result in cost overruns, delays, and adverse working relationships among the contracting parties. Recent advances in natural language processing (NLP) techniques offer great potentials that can process...

Abstract This study investigates the extent to which the conclusion of a decision can be predicted from other parts of the decision from quasi-judicial institutions using machine learning. Predicting conclusions in quasi-judicial bodies poses unique challenges and opportunities because the...