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Articles 1 - 30 of 10050
Full-Text Articles in Entire DC Network
New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran
New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran
Journal of Law, Technology, & the Internet
As Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not …
Employers And The Privatization Of Public Health, Sharona Hoffman
Employers And The Privatization Of Public Health, Sharona Hoffman
Faculty Publications
This Article focuses on the role of employers in public health and argues that they constitute increasingly important actors in the U.S. public health arena. In the aftermath of the COVID-19 pandemic, a series of judicial decisions and newly enacted statutes enfeebled the public health powers of the federal and state governments. In a 2023 statement, Supreme Court Justice Neil Gorsuch clearly articulated his antagonism towards government-initiated COVID-19 interventions, describing them as “the greatest intrusions on civil liberties in the peacetime history of this country.” All too many share his views.
Employers may be highly motivated to safeguard their workers’ …
The Commerce Clause Doesn’T Override Rules Governing The Taxing Power, Erik M. Jensen
The Commerce Clause Doesn’T Override Rules Governing The Taxing Power, Erik M. Jensen
Faculty Publications
This article challenges the view that the commerce clause, including the foreign commerce part of that clause, provides authority for enacting taxes that don’t meet the explicit requirements for taxes set out in the Constitution—the uniformity rule for indirect taxes (duties, imposts, and excises), the apportionment rule for direct taxes that aren’t taxes on incomes, and the export clause that prohibits taxation of articles exported from any state. That reading of the commerce clause would gut constitutional provisions that were clearly intended to be limitations on the congressional taxing power. Even if a tax might be construed as a regulation …
Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman
Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman
Faculty Publications
Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.
The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the …
The Delegation Doctrine, Jonathan Adler
The Delegation Doctrine, Jonathan Adler
Faculty Publications
The nondelegation doctrine may remain moribund, but the outlines of a delegation doctrine may be visible in the Court’s recent jurisprudence. Instead of policing the limits on Congress’s power to delegate authority to administrative agencies, the Court has instead been focusing on whether the power administrative agencies seek to exercise has been properly delegated by Congress in the first place. This emerging delegation doctrine may be seen in both the Court’s recent major questions doctrine cases, as well as the Court’s decisions refining and constraining the Chevron doctrine. In both contexts the Court has embraced the principle that agencies may …
Incorporating Unicorns: An Empirical Analysis, Anat Alon-Beck
Incorporating Unicorns: An Empirical Analysis, Anat Alon-Beck
Faculty Publications
There is a growing concern among regulators and academics about how to regulate unicorns - entities large enough to have a public impact yet remaining in the private domain. An examination of corporate charters within a selected sample of unicorn firms reveals an important finding: 97% of these entities are incorporated in Delaware. This concentration provides Delaware with significant leverage to shape regulatory frameworks, especially concerning the protection of parties who may lack the ability to safeguard their interests through contractual means.
This groundbreaking discovery on the dominance of Delaware showcases a substantial deviation from incorporation trends in other business …
Delaware Beware, Anat Alon-Beck
Delaware Beware, Anat Alon-Beck
Faculty Publications
This article conducts an in-depth exploration of the dynamic competition among states to attract businesses and determine the legal framework governing corporations. It adopts an innovative market-centric viewpoint, treating corporate law as a product within the broader context of charter competition among U.S. states. While the scholarly spotlight has predominantly shone on publicly traded giants, this article daringly delves into uncharted territory, unraveling the intricate incorporation and governance decisions of privately held “unicorns”—those elusive venture capital-backed behemoths that silently shape the economic landscape.
By unraveling the decision-making processes of where these economic powerhouses incorporate, the article challenges prevailing assumptions on …
Permitting The Future, Jonathan Adler
Permitting The Future, Jonathan Adler
Faculty Publications
Today’s environmental laws impose a range of permitting and review requirements on federal projects and private developments that require federal approval. While well-intentioned, these requirements have imposed substantial costs and delays on economic development, including the development of “green infrastructure.” Alternative energy projects and the infrastructure upon which they depend are constrained by lengthy permit reviews and assessments. While designed to protect the environment, these regimes may constrain the development and deployment of the environmental technologies of tomorrow, including (but not limited to) those necessary to address climate change. This essay is the introduction to a symposium on “Permitting the …
Is The Business Of The Court (Still) Business?, Jonathan Adler
Is The Business Of The Court (Still) Business?, Jonathan Adler
Faculty Publications
The Roberts Court has long been characterized as a pro-business court, perhaps the most pro-business court in a century. Insofar as this alleged pro-business orientation is due to the Court’s Republican-appointed majority, President Trump’s appointments to the Supreme Court should have magnified the Court’s pro-business orientation. Yet there are reasons to question the general characterization of the Court as “pro-business” as well as the assumption that an increase in the Court’s Republican-appointed majority has increased any pro-business orientation. Quantitative analyses often fail to account for the relative importance of individual decisions, the broader, legal context in which the Court’s decisions …
Machines Make Mistakes Too: Planning For Ai Liability In Contracting, Mark Sayre, Kyle Glover
Machines Make Mistakes Too: Planning For Ai Liability In Contracting, Mark Sayre, Kyle Glover
Journal of Law, Technology, & the Internet
Recent advances in artificial intelligence have set off a frenzy of commercial activity, with companies fearful that they may fall behind if they are unable to quickly incorporate the new technology into their products or their internal processes. At the same time, numerous scholars from the machine learning community have warned of the fundamental risks that uninhibited use of artificial intelligence poses to society. The question is not whether artificial intelligence will cause harm, but when, and how. The certainty of future harm necessitates that legal scholars and practitioners examine the liability implications of artificial intelligence. While this topic has …
Volume 48 (2024), Canada-United States Law Journal
Volume 48 (2024), Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Introduction, Awards, And Keynote Address, Michael P. Scharf, Stephen J. Petras, Christopher Sands, David C. Jacobson
Introduction, Awards, And Keynote Address, Michael P. Scharf, Stephen J. Petras, Christopher Sands, David C. Jacobson
Canada-United States Law Journal
No abstract provided.
Masthead, Volume 48 (2024)
Keynote Address -- The Progression Of Sanctions, A Historical Perspective, Richard Newcomb
Keynote Address -- The Progression Of Sanctions, A Historical Perspective, Richard Newcomb
Canada-United States Law Journal
No abstract provided.
Keynote Address -- Emerging Sanction Complexity In The Private Sector, Stephan Alsace
Keynote Address -- Emerging Sanction Complexity In The Private Sector, Stephan Alsace
Canada-United States Law Journal
No abstract provided.
The Tensions Between Copyright And The Public Domain: How Canada Can Combat The Effects Of Cusma, Jane Macmillan
The Tensions Between Copyright And The Public Domain: How Canada Can Combat The Effects Of Cusma, Jane Macmillan
Canada-United States Law Journal
No abstract provided.
Conference Speakers, Canada-United States Law Journal
Conference Speakers, Canada-United States Law Journal
Canada-United States Law Journal
No abstract provided.
Distinguished Welcome And Remarks, Michael P. Scharf, Hon. James Peterson, Consul General Colin Bird
Distinguished Welcome And Remarks, Michael P. Scharf, Hon. James Peterson, Consul General Colin Bird
Canada-United States Law Journal
No abstract provided.
Deconstructing The Summit -- Journalistic Insights And Analysis, Diane Francis, James Mccarten, Robert Schoenberger
Deconstructing The Summit -- Journalistic Insights And Analysis, Diane Francis, James Mccarten, Robert Schoenberger
Canada-United States Law Journal
No abstract provided.
Critical Minerals -- Securing A Reliable Supply, Mario Limoges, Christopher Sands, Jeff Labonte, Russell Singer, Jocylen Douheret
Critical Minerals -- Securing A Reliable Supply, Mario Limoges, Christopher Sands, Jeff Labonte, Russell Singer, Jocylen Douheret
Canada-United States Law Journal
No abstract provided.
Friday Luncheon Keynote, Hon. David Cohen
Friday Luncheon Keynote, Hon. David Cohen
Canada-United States Law Journal
No abstract provided.
Closing Remarks, Chios Carmody
Introductory Remarks, Amb. Mark Green, Michael P. Scharf, Christopher Sands
Introductory Remarks, Amb. Mark Green, Michael P. Scharf, Christopher Sands
Canada-United States Law Journal
No abstract provided.
Recent Developments, New Tools, And Contemporary Challenges In U.S. Sanctions, Rachel Fredman Lyngaas, Michael Cass-Antony
Recent Developments, New Tools, And Contemporary Challenges In U.S. Sanctions, Rachel Fredman Lyngaas, Michael Cass-Antony
Canada-United States Law Journal
No abstract provided.
Canadian Economic Sanctions And The Economic System, Stephen Burridge, Michael Milne, Jessica B. Horwitz
Canadian Economic Sanctions And The Economic System, Stephen Burridge, Michael Milne, Jessica B. Horwitz
Canada-United States Law Journal
No abstract provided.
Canada's Withdrawal From Investor-State Arbitration In The Usmca: Implications And Alternative Dispute Reslution Mechanisms For Investors, Temitope Badejo
Canada's Withdrawal From Investor-State Arbitration In The Usmca: Implications And Alternative Dispute Reslution Mechanisms For Investors, Temitope Badejo
Canada-United States Law Journal
No abstract provided.
A Comparative Analysis Of Cannabis Legislation In The United States And Canada: Medical Exemptions, Recreational Use, The Future Of Cannabis Legalization, Ambertari Cape, Yousef Shaarawy, Nigel Chan, Cameron Stimac
A Comparative Analysis Of Cannabis Legislation In The United States And Canada: Medical Exemptions, Recreational Use, The Future Of Cannabis Legalization, Ambertari Cape, Yousef Shaarawy, Nigel Chan, Cameron Stimac
Canada-United States Law Journal
No abstract provided.
North American Security -- Home And Away, Peter Mackay, Andy Leslie, Andrew Doctoroff, Kathryn Lavell
North American Security -- Home And Away, Peter Mackay, Andy Leslie, Andrew Doctoroff, Kathryn Lavell
Canada-United States Law Journal
No abstract provided.
Keynote Address For The Cox International Law Center Conference, James Chen
Keynote Address For The Cox International Law Center Conference, James Chen
Case Western Reserve Journal of International Law
No abstract provided.
Fossil Fuel Fraud, Wes Henricksen
Fossil Fuel Fraud, Wes Henricksen
Case Western Reserve Journal of International Law
In some recent climate litigation cases, plaintiffs have added a claim for common law fraud, in addition to the more traditionally pursued claims for nuisance, negligence, and trespass. Fraud claims against fossil fuel companies center on the decades-long campaign of climate change doubt that was organized, funded, and carried out by oil, gas, and coal industry leaders, as well as public relations firms and industry advocacy groups working on their behalf. But while the doubt campaign certainly fits the fraud mold—a purposeful effort to mislead for profit—because it was aimed at defrauding the public at large, rather than defrauding a …