In the Likeness of the Human Mind AI Liability and the Speculative Fiction of Dune

The author generated this image using Stable Diffusion, an AI art generator. At the time of writing this piece, this art cannot be copyrighted and is not owned by anyone.   A note on the use of the word Jihad: Frank Herbert’s Dune novels use the word Jihad to mean a holy war. This is

Should Animal-Human Hybrids be Patentable?

(Source)   From the Greek Minotaur to Japanese mermaids, or Ningyo, people across the world have been fascinated with human-animal hybrids for centuries. In more recent years, scientists have tried to make hybrids, previously considered impossible, into a reality. These real, but controversial, hybrids are not yet like the ones in movies. Usually, the scientists’

The Lemon Test: Its Inception, Application, and Death

(Source)   The First Amendment commands that congress “shall make no law respecting an establishment of religion.” Nevertheless, deciding what laws impermissibly establish religion is not an easy task.  Lemon v. Kurtzman, decided in 1971, was a defining moment in First Amendment jurisprudence and became a critical test of Establishment Clause violations for decades. However,

ABA Resolution 100 and a Lawyer’s Duty to Investigate

(Source)   In what has been described as a breath-taking reform, the American Bar Association (ABA) amended their Model Rules in August of this year and imposed an unprecedented duty on lawyers to investigate their clients before and during representation. To fully understand this change, we will consider the former rules and pressure for reform,

High on Your Own Supply: The Sackler Family, the Opioid Epidemic, and Purdue Pharma’s Bankruptcy

(Source)        Recent Events from the Supreme Court Last month, the Supreme Court agreed to hear a challenge from the U.S. Department of Justice to the legality of Purdue Pharma’s bankruptcy settlement, blocking a $6 billion settlement that would have provided the company’s Sackler family with immunity from opioid-related civil claims. If the

Core Principles of Future U.S. Private Refugee Sponsorships? Naming and Additionality

(Source)        I.     Introduction The number of forcibly displaced persons is at a historic high. But receiving countries have failed to meet global resettlement needs, including the United States. By the end of fiscal year 2022, over 100,000 places remained unused of the 125,000 U.S. refugee resettlement target. Private refugee sponsorships could

Looks Like Lochner: will employers’ property interests consume their employees’ rights to physical and digital property access?

(Source) In Cedar Point Nursery v. Hassid (2021), the U.S. Supreme Court ruled that California’s Agricultural Labor Relations Act (“ALRA”) constituted a per se physical taking under the 5th Amendment’s Takings Clause (applicable to states through the 14th Amendment). The ALRA gave union organizers a “right to take access” to an agricultural employer’s worksites to

Right to Strike, Take a Hike! Evisceration of right to workplace speech continues.

(Source) On January 10th, 2023, the Supreme Court heard oral arguments in Glacier Northwest, Inc. v. International Brotherhood of Teamsters (No. 21-1449). Ready-mix concrete supplier Glacier Northwest appealed a Washington Supreme Court decision that barred its lawsuit against a union under Washington state tort law for allegedly intentionally destroying company property during a labor dispute.

Times of (Not So) Good Behavior: The Need for a Supreme Court Code of Conduct

Invisible Wall – None to Low Burden for the Government to Exclude

(Source) Title 42 expulsion during Pandemic Section 265 of the Public Health Service Act (42 U.S.C. § 265) promulgated that when the CDC determines by reason that there is a communicable disease in a foreign country and that if the suspension of the right to introduce the persons and property into the United States is in the

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