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    Moderator, Immigration, Misinformation, and Forced Labor Panel

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    CODED SOCIAL CONTROL: CHINA’S NORMALIZATION OF BIOMETRIC SURVEILLANCE IN THE POST COVID-19 ERA

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    This article investigates the longevity of health QR codes, a digital instrument of pandemic surveillance, in post-COVID China. From 2020 to 2022, China widely used this tri-color tool to combat the COVID-19 pandemic. A commonly held assumption is that health QR codes have become obsolete in post-pandemic China. This study challenges such an assumption. It reveals their persistence and integration - through mobile apps and online platforms - beyond the COVID-19 public health emergency. A prolonged, expanded and normalized use of tools which were originally intended for contact tracing and pandemic surveillance raises critical legal and ethical concerns. Moreover, their functional transformation from epidemiological risk assessment tools to instruments of behavior modification and social governance heralds the emergence of a Data Leviathan. This transformation is underpinned by a duality of underlying political and commercial forces. These include 1) a structural enabler: a powerful alliance between political authorities and tech giants and 2) an ideological legitimizer: a commitment to collective security over individual autonomy. In contrast to the rights-centric approach embraced by Western democracies to regulate AI-driven biometric surveillance, China adopts a state-industry dominance model of governance

    To Catch the Cheshire Cat: Freezing Injunction Jurisdiction at the Click of a Mouse

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    Since its emergence in 1975, the English freezing injunction has grown to have a robust and global extraterritorial reach, but its exercise in extreme cases is jurisdictionally unsound. The “real connecting link” between assets and forum required for the grant of a worldwide freezing order in aid of foreign proceedings has become significantly looser, notably with an element of fraud acting as catalyst. This jurisdictional link is further weakened by the receding of reciprocity imperatives between the United Kingdom and member states of the European Union following Brexit. In its place is the enforcement principle, enabling a high degree of tenuousness in the jurisdictional link, most vividly seen in the recent issuances of freezing orders of cryptocurrency assets against defendants worldwide and unknown. Common sense and pragmatism offer a catch-all explanation—fraudulent defendants must not be allowed to get away. But this comes at the cost of clear jurisdictional justification. In contrast, U.S. courts have shown a much more consistent and reasonable jurisdiction in its provisional measures while weathering heavy criticisms for lacking similar pre-judgment measures. The resulting evaluation of policy justifications drawn on national considerations, the first of its kind on freezing injunction jurisdiction, suggests that English courts will maintain the current extraterritorial reach of freezing injunction due to its limited impact on comity

    Ethics, AI, and Tax Administration

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    Conflict & Corruption: Navigating Business Challenges in High-Risk Zones

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    Fake Drake? AI Music Generation Implicates Copyright and the Right of Publicity

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    Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, singers whose voices are imitated by artificial intelligence soundalikes should look to another source of protection: the right of publicity. This right strikes the balance of providing relief for singers while allowing artificial intelligence music generation to develop as a tool for musicians. This Comment examines the current landscape of U.S. copyright law as it pertains to music and identifies areas lacking and affording protections for copyright holders. Copyright law will then be applied to the AI-generated soundalike song, “Heart on My Sleeve.” Due to the uncertainty surrounding copyright protections, this Comment proposes that singers should turn to the right of publicity. Recognizing that this is an imperfect solution given the current patchwork of state laws providing this right, this Comment proposes a framework for a federal right of publicity

    Persuasive Writing: Winning Techniques for Experienced Litigators

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