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Book Talk: Watchdogs: Inspectors General and the Battle for Honest and Accountable Government
No full textInspectors General have been called the most powerful public officials you’ve never heard of. They work inside federal agencies, exposing corruption and ferreting out waste, fraud and abuse. But they’re also vulnerable to removal at the whim of the president. Glenn Fine was the Inspector General of the Department of Justice in the Clinton, Bush and Obama Administrations. He was also the acting Inspector General of the Department of Defense from 2016 until 2020, when he was replaced by former President Trump as part of a series of IG firings that the Washington Post called a “slow-motion Friday night massacre.”https://larc.cardozo.yu.edu/event-invitations-2024/1031/thumbnail.jp
Celebrating Michael Reisman: The Inner World of Others - A Guiding Light for Indigenous Re-Empowerment
No full textMichael Reisman is a beacon of light in the firmament of international law and jurisprudence. His retirement from his faculty position at the Yale Law School affords a welcome occasion to celebrate his work in the quest for a world public order of human dignity. Michael is the cherished leader of the New Haven School of Jurisprudence, an intellectual movement designed to combine the prescriptive purposes of the law with the empirical insights of the sciences to achieve the goal of the flourishing of human beings, through access by all to the processes of shaping and sharing all things humans value. It is the most comprehensive and creative, empowering theory about law and, indeed, its concepts and procedures are uniquely available for securing value-outcomes in situations of disintegrating public order and even the ultimate horror of normative tohu bohu. It is needed even more in this highly conflictual, often violent world
Fair Use, Licensing, and Authors\u27 Rights in the Age of Generative AI
No full textThe rise of generative AI technologies has introduced unprecedented challenges to copyright law, particularly around the fair use of copyrighted works in AI training processes. Generative AI tools, such as ChatGPT, are trained on vast datasets that often include copyrighted material, typically without the consent of authors or compensation for use. This widespread, unauthorized use has led to legal disputes, with plaintiffs asserting that using protected texts in training AI models constitutes copyright infringement. This Note examines the application of the fair use doctrine to generative AI, analyzing each of the four statutory factors to demonstrate that generative AI’s commercial replication of copyrighted content is not transformative, harms the market for original works, and should not qualify as fair use.
To address these issues, this Note proposes a blanket licensing scheme as a policy solution to balance the interests of copyright holders and AI companies. Such a scheme would ensure compensation for authors while legally permitting AI companies to access necessary training data, and therefore foster a sustainable partnership between creators and the AI industry
A Codified Liability Regime to Stimulate Greater Investment in Subpatentable Innovation
No full textThe global intellectual property system rests on a distinction between exclusive property rights and free competition. Exclusive rights vary in strength and intensity, but the opposite of protection is almost always free competition. Distinctions of intensity are drawn in terms of the length of protection given to different subject matters plus variable lists of exceptions and limitations to exclusive rights. But the bottom line is that, when protection is not available under the existing system, free competition prevails, and vice-versa (i.e., where there is exclusivity, free competition is deferred for a specified period of time).
This Article departs from a different position. It suggests that this black-and-white approach does not work well for subpatentable innovation, i.e., innovation that cannot meet the non-obviousness criteria of patent law but that nonetheless constitutes a novel and useful contribution to existing technical knowledge. The reason is that free competition often overwhelms and limits the incentives to invest in risky subpatentable innovation from the outset because successful innovations obtain no exclusive rights by default, and competitors may dominate in practice once the validity of the innovation becomes an established fact. The very success of any given innovation thus stimulates competitors to enter the market, which threatens to impede the first innovator’s ability to recuperate initial investment costs in a risky venture, not to mention profits.
To address this problem, some countries have enacted sui generis regimes of exclusive property rights, notably in the form of utility model laws. However, this model necessarily evokes the question of either too much or too little protection. It only affords the first innovators an opportunity to recuperate their costs if they meet a relatively high standard of eligibility, thus discouraging the undertaking of such a risk from the outset. Moreover, imitating patents at the subpatentable level raises serious questions of legitimacy in the first place, plus a very real and long-term set of impediments to free competition.
This traditional approach thus ignores a second category of property rights that sounds in liability rules instead of property rights, a distinction first recognized by Guido Calabresi and Douglas Melamed. Recognizing this distinction could in turn open the door to a form of intermediate protection that seeks to address the risk of investment in subpatentable innovation without the social costs of exclusivity. The history of intellectual property suggests that we have reached the outer limits of exclusive intellectual property experiments. Instead, the time has come to try a liability rule where barriers to entry are as undesirable as too much exclusivity. A carefully constructed liability rule could provide an intermediate format for an intermediate subject matter, without impeding the principle of free competition
The Racial Triangulation of Asian American Achievement
No full textThis Essay employs Professor Claire Jean Kim’s racial triangulation framework to examine how Asian Americans are racialized via academic achievement. It argues that there are two components to the racial triangulation of Asian American achievement. On one hand, Asian Americans are valorized as a “model minority”. We are praised for our achievement and cast as a model for other groups of people of color to follow. This ignores both the different histories of oppression that various groups of color have faced and the vast diversity of experiences among Asian Americans. But on the other hand, Asian Americans are also viewed as a threat to White dominance precisely because of our high achievement. For many privileged White Americans, we become a “peril of the mind”—a menacing foreign presence in elite educational spaces. This Essay focuses mainly on the peril of the mind phenomenon, which is much less widely acknowledged and theorized than the model minority. It examines peril of the mind in both higher education and K-12 education, examining affirmative action, admissions controversies, and the “new White flight”. It argues that conservatives have thus far acknowledged and addressed animus against Asian American achievement more than progressives, and that they have used both model minority and peril of the mind stereotypes to attack affirmative action and racial equity initiatives. Ultimately, the Essay is a call for progressive advocates of these initiatives to be more vigilant in recognizing that Asian Americans are not weaponized as model minorities, but that we are also viewed as a threat because of our achievement
The Parts That Don’t Glitter: A Comparative Analysis Between Switzerland and the United States on the Regulations of the Importation of Gold and Its Effect on Human Rights in Gold Mining Countries
No full textThis Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions on gold importation, but this Note will look at the strength of these regulations and how they can or should be improved. Along with this, the Note will analyze the impact nongovernmental organizations have on the gold supply chain and if their oversight has a strong enough impact that reaches back to the first step of gold mining or if the governments are the actors that need to intervene the most
The 48th Annual Robert F. Wagner National Labor and Employment Law Moot Court Competition
No full textMarch 3, 2024https://digitalcommons.nyls.edu/student_organizations/1017/thumbnail.jp
Born to Die: Finding the Right to Healthcare in the History and Tradition of the Bill of Rights Amendments
No full textIn 2022, the Supreme Court overturned federal abortion protection in a single decision. This decision has resulted in inconsistent state action on abortion rights and has produced myriad unforeseen litigation throughout the country. Further, federal abortion protections are unlikely to be signed into law in the near future, leaving the future of abortion rights uncertain. Instead of proposing direct action designed to protect abortion rights, this Note proposes that the road to federal abortion protections first requires recognizing a constitutional right to healthcare. Specifically, this Note argues that a fundamental right to healthcare can be found by examining the history and tradition of the Fifth, Eighth, Fourth, First, and Third Amendments and their penumbra. Within the history and tradition of these amendments and the rights emanating from them is a longstanding tradition of protecting some aspect of an individual’s health. Recognizing an implied constitutional right to healthcare is essential to fully realize the individual rights of each amendment and will provide the foundation for protecting related rights, such as abortion
Book Talk: Nuclear Weapons and International Law
No full textPlease join Visiting Clinical Instructor Brett Jones for an engaging book talk with Charles J. Moxley Jr., author of Nuclear Weapons and International Law: Existential Risks of Nuclear War and Deterrence Through a Legal Lens. Explore the critical legal challenges posed by nuclear weapons and the urgent need to reassess deterrence strategies through a legal perspective. This book talk offers a unique opportunity to hear from an expert in international law and gain insights into the legal pathways to reducing the risks of nuclear conflict in our time.https://larc.cardozo.yu.edu/event-invitations-2024/1018/thumbnail.jp
