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Overcoming Obstacles: Insights From Black Women Prosecutors
No full textIn celebration of Black History Month, the IIP hosted a virtual panel highlighting the leadership of Black women prosecutors in the criminal justice reform movement.
Professor Angela J. Davis moderated a conversation between our esteemed panelists on defining moments of their journeys to reform the criminal justice system, how they’ve navigated challenges around racism and sexism as prosecutors, and how to build more inclusive cultures within prosecutors’ offices and throughout the legal profession
Developments at the United Nations International Law Commission on Sea-Level Rise
Get PDFThis article examines some of the challenges presented by the phenomenon of sea-level rise in relation to international law with a focus on the analysis undertaken by the Study Group on Sea-Level Rise (“Study Group”) of the United Nations International Law Commission (“ILC”)
Plausible to Proper: Clarifying Federal Circuit Jurisdiction over Walker Process Appeals
Get PDFThis Comment will describe what the Walker Process Doctrine is and explain the jurisdictional state of the Federal Circuit. Next, this Comment will examine the impact Gunn v. Minton has had on the scope of the Federal Circuit’s jurisdiction, the support and criticisms of Federal Circuit jurisdiction over Walker Process appeals, and how the Grable test plays into this issue. To do this, it will focus on how the jurisdictional analysis changed after Gunn and will discuss where each court’s argument for and against jurisdiction has merit and where it falters. To advance a solution, this Comment will recommend a compromise for determining Federal Circuit jurisdiction over Walker Process appeals
Digital Bank Holidays: Buying Time in a Financial Emergency
No full textIt has been a year since Silicon Valley Bank failed, and one of the major policy questions that emerged – what to do about deposit insurance? – remains unresolved. Banking is an industry that needs public confidence to function, and we have become accustomed to relying on confidence-inspiring deposit insurance as our primary bulwark against bank runs. But deposit insurance (at least in its current form) seems less like a silver bullet in the wake of SVB’s failure
Claudio Grossman Receives Prestigious Human Rights Award
No full textAmerican University Washington College of Law (AUWCL) is delighted to announce that Dean Emeritus Claudio Grossman has been bestowed with the Nelson Mandela Award by the Association of American Law Schools (AALS) International Human Rights Section (IHRS). This highest honor in the field of international human rights recognizes individuals whose extraordinary accomplishments have left an enduring mark on the global pursuit of justice.
Professor Grossman\u27s unwavering commitment to human rights has been instrumental in shaping the field. His pioneering research, advocacy, and teaching have inspired countless scholars, practitioners, and policymakers worldwide. The Nelson Mandela Award is a testament to his exceptional career and the profound impact of his work.
As a recipient of this prestigious award, Professor Grossman joins a distinguished group of legal luminaries who have dedicated their lives to advancing human rights. He will be formally recognized at the AALS annual meeting on January 4, 2025.
AUWCL is immensely proud of Professor Grossman and his remarkable achievements. His legacy serves as an inspiration to all who strive for a more just and equitable world
The Legacy of Justice Sandra Day O\u27Connor
No full textJustice Sandra Day O’Connor, the first woman to sit on the U.S. Supreme Court, died in December 2023. She was a trailblazer and a role model to many. The Women’s Bar Association had the honor of her participation on a number of occasions during her tenure. This panel discussion, featuring three of her Supreme Court clerks, will explore her career and role as a mentor as we draw lessons from her long legacy
Equity, Race and Opportunity in Pro Sports w/ Jim Rooney and Prof. Jeremi Duru
No full textGet inspired to create change! Listen in on this candid conversation from two noteworthy speakers whose sports background is ideal for discussing how leaders advance racial equity. Learn about meaningful events leading up to today’s diversity discussions at sports organizations. And hear an analysis of the Rooney Rule, the NFL policy requiring league teams to interview ethnic-minority candidates for head coaching and senior football operation jobs
Innovation Policy Colloquium: Christine Haight Farley
No full textThe Innovation Policy Colloquium focuses each year on different aspects of the law’s role in promoting creativity, invention, and new technology. This year, we will examine the topic of design in intellectual property law. Starting with theories of intellectual property law, we will go on to study the legal regimes that allow and/or restrain protection of aspects of design (copyright and its useful-articles doctrine; utility patent; design patent; trademark, trade dress, and their functionality doctrine; and sui generis protections); industries in which design is important (such as fashion, industrial design, and marketing generally); the value of design in society and legal and non-legal incentives to produce valuable designs; the role of norms in design; and issues of competition as they relate to design. We will draw on legal sources as well as related work in economics, sociology, history, and disciplines in which design is particularly important, such as engineering, fashion, home furnishings, and marketing.
Christine Haight Farley, Professor of Law, American University Washington College of Law
Editor\u27s Note
Get PDFThe Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world
Elaborating a Human Rights friendly Copyright Framework for Generative AI
Get PDFThis paper analyses the copyright issues related to so-called “generative AI” systems and reviews the arguments currently advanced to change the copyright regime for AI-generated works from a human rights perspective. It argues that because of the applicable human rights framework for copyright but also the anthropocentric approach of human rights the protection of creators and human creativity must be considered the point of reference when assessing future reforms with regard to copyright and generative AI systems. Consequently, the copyrightability of AI-generated outputs should be considered with utmost care and only when AI is used as a technical tool for creators in their creation process- meaning when they serve a human author. A human rights analysis reinforces that copyright should be a tool to protect creativity and creators, not a legal mechanism to secure the amortization of economic investments in AI technology.
With regard to the input, the right to train generative AI systems via machine learning technology can be derived from the right to science and culture and freedom of (artistic) expression as AI can lead to useful advancements in science and arts; moreover, it is important for human creators to be able to use outputs produced by generative AI in their creative process. At the same time, it follows from the right to the protection of moral and material interests of the creator that authors must be adequately remunerated for the commercial use of their works unless there is a strong justification legitimizing the use. For this reason, it is proposed that the machine learning process using copyright-protected works to train the AI gives rise to a limitation-based remuneration right to the benefit of human creators. The paper also briefly explores if and when the moral interest of creators deriving from human rights protection could justify that they oppose the use of their work for training purposes of AI systems.
The paper concludes that a human rights analysis secures an ethical approach to copyright issues of generative AI so that these systems serve creators and creativity, and not the other way around