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Sequel: Negotiation Strategies Sag-Aftra and AMPTP Should Employ to Prevent Future Strikes
No full textThe Screen Actors Guild-American Federation of Television and Radio (“SAG-AFTRA”) strike finally ended on November 9th, after months of contentious dealings between the two groups centering on concerns over the future of acting and the ability to compensate talent fairly. While we can now all finally celebrate the anticipated return of our favorite shows like Euphoria, House of the Dragon, and Stranger Things, we should also take a moment to critically analyze why SAG-AFTRA and the Alliance of Motion Picture and Television Producers (“AMPTP”) have historically continued to have conflict and how these groups can learn to negotiate better to prevent future strikes.
This post was originally published on the Cardozo Journal of Conflict Resolution website on February 12, 2024. The original post can be accessed via the Archived Link button above
Greenland\u27s Foreign Policy, Past and Present: From the Merchants\u27 Message to Bilateral Agreements
No full textRussia\u27s Arctic Maritime Claims
No full textAs an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally applied pursuant to an exchange of notes, and with Norway (1957, 2007, and 2010). It also discusses Russia’s extensive straight baseline systems in the Arctic and the Bering Sea, many of which are inconsistent with the international rules applicable to the drawing of baselines set out in the 1951 International Court of Justice decision in the Fisheries (U.K. v. Nor.) Judgment and articles 5 and 7 of UNCLOS. The Article then analyzes Russian regulations applicable to ships transiting the Northern Sea Route, concluding that many of these provisions are inconsistent with international law. The Article concludes with a review of Russia’s extended continental shelf claims in the Arctic, which was validated by the Commission on the Limits of the Continental Shelf in 2023
Eliminating Ghostwriters: How a Federal Right of Publicity Can Save the Music Industry from Generative Artificial Intelligence
No full textCopyright law is currently incapable of resolving challenges introduced by the use of generative artificial intelligence, or generative AI, in the music industry. This technology is being adopted by both copyright holders and licensees, as well as independent artists and third-party applications. In 2023, online producer Ghostwriter created a song (Heart on My Sleeve) directly influenced by copyrighted materials from global artists Drake and The Weeknd using AI technology. The composition garnered millions of listeners across social media and streaming platforms. However, neither the original artists nor their music group (i.e., Universal Music Group) provided Ghostwriter a license to utilize copyrighted works. This is just one instance illustrating how generative AI has created a global environment mired with vulnerable music industry stakeholders, complex questions of authorship and infringement, and an abundance of confused listeners.
This Note examines current shortcomings of copyright law, analyzes recent examples of generative artificial intelligence impacting the music industry, and discusses current regulatory and common law guidance concerning AI technology. It will also study the music industry’s underlying concerns about AI-generated works and review the frail industry defenses being adopted against unpermitted users. Further, this Note proposes that a statutory federal right of publicity is the solution for the music industry to promote the advancement of generative AI technology while protecting copyright holders and licensees. This Note outlines the necessity of a statutory federal right of publicity before laying the groundwork for how it can be incorporated as a prong in the affirmative defense of fair use during a copyright analysis
Self-Defense and Political Rage
No full textThis Article considers how American political polarization and the substantive issues driving it raise unique challenges for adjudicating self-defense claims in contexts of political protest. We live in an age where roughly a quarter of the population believes it is at least sometimes justifiable to use violence in defense of political positions, making political partisans somewhat more likely to pose a genuine threat of bodily harm to opponents. Furthermore, the psychological literature shows that people are more likely to perceive threats from people with whom they politically disagree and that juries tend to evaluate reasonableness claims according to their own political positions. All three of these phenomena create challenges for the rule of law due to the increased risk that factually similar cases will turn out differently and that the justice system will merely recreate the monomaniacal, us-versus-them polarization of society at large. This Article surveys the relevant political science and psychological literature on partisanship and reasoning and proposes two interrelated solutions: one pragmatic, at the level of individual trials, and the other cultural, at the level of social discourse. It suggests that judges import what we know about the distortive effects of partisanship into the courtroom through the use of court-appointed psychological experts and jury instructions. Both have shown some success—if tailored precisely to the facts of a specific case—in correcting some forms of juror bias and reasoning errors. This Article further argues that incorporating these processes into the adjudication of politicized self-defense claims will have a broader, expressive value for society as a whole. Trials provide a model for truth-finding, which, for better or for worse, impacts how private citizens evaluate culpability in their day-to-day lives. If trials draw even some people’s attention to the ways in which partisan thinking can generate or justify acts of violence, they may be a force for moderation in how people deal with their political disagreements, which will have benefits far beyond the courtroom
Reproductive Objectification
No full textThe American system of rights is individualized - premised on the concept of singular, physically separate, and autonomous people. The rise of the fetal personhood movement complicates this basic understanding. If rights attach to singular, autonomous people, and fetuses are legally people, then the body of a pregnant person becomes conceptually unintelligible as it contains potentially two, interrelated people. Such a circumstance is fundamentally a contradiction within a framework that insists that rights attach to people who are, by definition, singular, separate, and autonomous.
This Article argues that, as a result of this apparent contradiction, fetal personhood laws make the humanity of the pregnant person precarious. If the law has no framework for two rights holders in one body, then the pregnant person must be something else entirely. She becomes less of a subject and more of an object - a reproductive vessel, merely the container for another individual rights-holder. Reproductive justice scholars and advocates have long argued that laws purporting to endow the fetus with personhood exacerbate the maternal-fetal conflict and undermine pregnant people\u27s rights. This Article argues, relying on both decades of feminist legal theory and original empirical evidence, that granting full personhood to a fetus has an even more insidious outcome-undermining the legal personhood of women entirely and recategorizing them in the eyes of the law as non-person objects. Looking across cultures and eras, it is unfortunately not difficult to ascertain what might happen when human beings are treated as objects. Such objectification results in almost certain abuse, sometimes of the most horrifying variety
