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    An Antitrust Approach to Sex Equality

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    This Article argues that antitrust law can and should promote gender equality by prioritizing key consumer markets, namely markets for products and services complementary to women’s labor force participation. These products and services include those that facilitate efficient outsourcing of home production (e.g., childcare, infant formula, and labor-saving household technologies) and those that reduce or eliminate the burdens of biological reproduction (e.g., maternity care, contraception, and abortion care). Drawing on economics, sociology, and feminist literatures, this Article develops a theoretical approach to antitrust law that takes into account the complementarities between these key markets and women’s labor force participation and also links consumer harm to worker harm. Importantly, this Article argues that using antitrust law to promote sex equality requires neither deviation from the conventional consumer welfare standard nor an equity efficiency tradeoff. On the contrary, prioritizing these key consumer markets is conducive to the simultaneous pursuit of efficiency, sex equality, and constitutional equal protection principles

    Copyright and the Training of Human Authors and Generative Machines

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    There are many limitations on copyright of which human authors can and do take advantage as they are learning. However, there is no blanket fair use immunity for use of copyrighted works to educate human authors, even though those authors typically do not go on to create substantially similar works. Human authors typically end up paying, directly or indirectly, for most of the copyrighted works from which they learn. Should it be different when human beings use copyrighted works to train generative AI models? This article concludes that it should not, in spite of two prominent arguments to the contrary.   The first argument is that such training involves “nonexpressive use” of those works. Under the only definition of that term that distinguishes generative AI training from human learning, a “nonexpressive use” is one that does not result in an aesthetic or hedonic reaction to a work. However, copyright should be and usually has been considered to protect not just the entertainment value of works for passive and unchanging human beings, but the educational value of works for human beings who want to learn and change, both individually and collectively.   The second argument is that generative AI training is functionally equivalent to human reading, viewing, or listening – activities outside the scope of copyright’s exclusive rights. However, the distinctions between and limitations on exclusive rights presuppose limited human memory and cognition, and current and future generative models are not subject to those constraints. Moreover, the very inability of computers to have any hedonic or aesthetic reactions to the works they are processing, and their inability to remember and act on those reactions, make computer processing fundamentally different than human experience of works

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    Comments on How AI May Affect the Motion Picture Industry

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    Annotated transcript of dicussion with Ron Wheeler on how AI may affect the motion picture industry.&nbsp

    Effects of Anxiety on Attention-Based Tasks in a College Population

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    Previous literature suggests that trait anxiety may lead to diminished global processing, and therefore, a local processing bias (Basso et al., 1996), which may contribute to a narrowed scope of attention and impaired cognitive flexibility. Additionally, there is conflicting data on how anxiety interacts with performance on the Stroop task (e.g., Ursache & Cybele Raver, 2014). To understand this relationship, the authors used the State-Trait Anxiety Inventory (STAI) to divide participants into groups based on their levels of anxiety. Specifically, the researchers explored the effects of state and trait anxiety on college students’ attention using the Navon task and the Stroop task. The Navon task was used to compare the performance of people with high and low trait anxiety, utilizing two t-tests to analyze local and global processing. Four groups were created for the Stroop task: high trait/low state, low state/high trait, high trait/high state, and low state/low trait, which were compared through an ANOVA. No statistically significant differences were found in performance on the Stroop and Navon tasks based on state or trait anxiety. This may be due to the age range of participants and the lack of clinical elevation of these factors. The findings suggest that moderate levels of anxiety may not impact attention drastically in a college population

    The Use of iMessage Tapbacks as Sequence-Closing Seconds

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    This study investigates iMessage Tapbacks as sequence-closing seconds, or minimal responses that fulfill conversational obligations in text-based group chats. Through conversation analysis of three group conversations, the analysis demonstrates how Tapbacks operate as efficient second pair-parts (2pps) in adjacency pairs: (1) likes acknowledge directives (e.g., agreeing to plans), (2) loves signal appreciation for commissives (e.g., offers), and (3) emphasize affiliates with tellings (e.g., complaints). Findings indicate that Tapbacks address interactional challenges by enabling acknowledgment without prolonging discussion, particularly in asynchronous, multi-topic chats. The study contributes to digital communication research by distinguishing Tapbacks from emojis and theorizing their role in replicating nonverbal cues (e.g., nods) while streamlining interaction. Limitations include a small, homogenous dataset; future research should examine demographic variation and contextual ambiguity in Tapback usage.&nbsp

    An Interview with APPLE Lecture Speaker Dr. Okim Kang

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    On April 18th, 2025, the Studies in Applied Linguistics and TESOL (SALT) journal interviewed Dr. Okim Kang, an invited speaker for the 2025 APPLE Lecture Series hosted by the Applied Linguistics and TESOL program at Teachers College, Columbia University.  Dr. Kang is a Professor of Applied Linguistics, Director of the Applied Linguistics Speech Lab, and Director of the Global Communication Center at Northern Arizona University. Her research interests are speech perception/production, language social psychology/attitudes, applied phonology/speech intelligibility, L2 oral assessment/testing, and automated speech recognition. She has published and co-authored eight books on the topics of spoken discourse, prosody, and communication success, including a handbook about contemporary English pronunciation. She has published over 110 academic articles and given 260 keynote and conference presentations. She is an associate editor for Applied Linguistics and serving on the editorial board for various prestigious journals (e.g., Language Testing, SSLA, Language Teaching, Language Assessment Quarterly, Journal of Second Language Pronunciation, and Languages). She obtained over 45 grants, including National Science Foundation and various testing agencies (e.g., Educational Testing Service, Duolingo, IELTS, the Cambridge English Assessment, and the British Council).&nbsp

    Jim Crow North and Fair Housing Enforcement

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    This article investigates how federal, state, and local government agencies enforce the federal Fair Housing Act of 1968 (also known as Title VIII of the Civil Rights Act of 1968) in Northeastern states, which are referred to here as the Jim Crow North. Focusing on data obtained from the U.S. Department of Housing and Urban Development (HUD) under the Freedom of Information Act (FOIA), this study measures the extent to which the thirteen Northeastern states—from Maine to Virginia—decided Fair Housing Act complaints in favor of Black and Latinx Americans from 1989 to 2010. Part I presents a historical snapshot of fair housing law and policy in the Jim Crow North. Part II examines the federal legal response to residential discrimination and segregation nationwide. Part III explains the theory and methodology for calculating favorable outcomes made by federal, state, and local governments in Northeastern Title VIII complaints. Part IV provides the results of the favorable outcome analysis for Black and Latinx Americans. Part V spotlights New York and New Jersey to better understand their low rates of favorable outcomes in Fair Housing Act complaints. The conclusion discusses the study’s findings and suggests some explanations. The analysis leads to three key takeaways. First, it reveals considerable variations in favorable outcomes across the Jim Crow North, even between adjacent states with similar demographic traits. Such outcome variations suggest that governmental jurisdictions’ support for Title VIII complainants can differ noticeably and that the region, state, or locality in which a person files a Fair Housing Act complaint makes a difference. Second, Black complainants are most likely to win their Title VIII claims in federal Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont). In contrast, Latinx people are most likely to obtain favorable outcomes in federal Region III (Delaware, Maryland, Pennsylvania, Virginia, and West Virginia). Third, Black and Latinx complainants are least likely to win Title VIII claims in federal Region II, which consists of New York and New Jersey.  Because of this third finding, the Article then explores aspects of law, race relations, and public policy in New York and New Jersey to help explain their low rates of favorable outcomes in Fair Housing Act complaints. Four facts about New York and New Jersey are considered: their comparatively high levels of (1) residential, (2) school, and (3) economic segregation, as well as (4) their lack of local jurisdictions participating in HUD’s Fair Housing Assistance Program (FHAP). Our analysis assumes that if subnational governmental decisions primarily represent the demands of people and groups with the most influence at the state and local levels, and if residential, educational, and economic segregation are the preference of many people and groups in New York and New Jersey, civil rights agencies in these states will likely respond by deciding a relatively low percentage of Fair Housing Act complaints in favor of Black and Latinx complainants. Because of data limitations, the analysis cannot directly measure the individual effects of residential, educational, or economic segregation on the decisions of FHAP agencies, so it cannot prove that one or more of these four factors cause Region II’s low favorability rates. Nonetheless, the results suggest that such a causal link is plausible. Given this conclusion, this Article proposes four recommendations for Region II. First, working closely with HUD, governors, mayors, and business leaders, New York and New Jersey should develop new incentive programs to dramatically increase the number of certified local FHAP agencies. Second, Congress and the current presidential administration should make certain that funds and other resources are available to new local FHAP agencies in New York and New Jersey to enforce the Fair Housing Act effectively. Third, HUD should play an aggressive role in helping all local jurisdictions in New York and New Jersey participate in FHAP, including the drafting of new local fair housing laws that are substantially equivalent to Title VIII. Finally, Congress and HUD should hold all FHAP agencies to a higher standard of enforcement performance in race and national origin Title VIII cases generally. Unfortunately, in light of the re-election of President Donald Trump in 2024, these recommendations must await a future administration and a Congress far more sympathetic toward fair housing rights. There is a reasonable chance that fair housing law and policy in the United States will experience turmoil throughout the remainder of the second Trump administration, and perhaps beyond. Depending on what occurs over the next few years, some of the progress made in equal housing opportunity over the past seven decades is in jeopardy

    Controlling the Controllers: Section 20(a) Control Person Liability and Promoting Gatekeeper Behavior Among Officers and Directors: Noah Graves

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    Section 20(a) of the Securities Exchange Act of 1934 allows controlling persons to be held vicariously liable for breaches of the securities laws by parties whom they control. A circuit split has emerged between the Second and the Ninth Circuits concerning whether a plaintiff must show that a control person defendant was a culpable participant in the violative act. This Note argues in favor of the Ninth Circuit standard which holds that plaintiffs should not be required to plead that control person defendants were culpable participants. In doing so, this Note argues that broader exposure for control persons would encourage increased monitoring and gatekeeper behavior among officers and directors

    After Purdue Pharma: The Future of Nonconsensual Third-Party Releases in Chapter 15 Proceedings: Gillian Ho

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    With bankruptcy proceedings becoming an increasingly popular mechanism through which overburdened debtors and mass tortfeasors consolidate and manage liabilities, the Supreme Court’s ruling in Harrington v. Purdue Pharma deals a blow to individuals who may have once relied on nonconsensual, third-party releases to relieve themselves of their personal liabilities. While the Purdue Pharma decision rolls back thirty decades of the use of nonconsensual, third-party releases, the Supreme Court expressly limited its scope to domestic, Chapter 11 proceedings. In an era of global, multi- jurisdictional entities and rampant forum-shopping, this thrusts the practice of pursuing nonconsensual, third-party releases in cross-border insolvency proceedings into flux. This Note therefore aims to examine the impact that the Purdue Pharma decision could have on the future of nonconsensual third-party releases in cross-border, Chapter 15 bankruptcy proceedings as well as how the decision may shape debtors’ use of this mechanism under the American bankruptcy regime

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