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Articles 3031 - 3038 of 3038
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Assuming The Risks Of Artificial Intelligence, Amy L. Stein
Assuming The Risks Of Artificial Intelligence, Amy L. Stein
UF Law Faculty Publications
Tort law has long served as a remedy for those injured by products—and injuries from artificial intelligence (“AI”) are no exception. While many scholars have rightly contemplated the possible tort claims involving AI-driven technologies that cause injury, there has been little focus on the subsequent analysis of defenses. One of these defenses, assumption of risk, has been given particularly short shrift, with most scholars addressing it only in passing. This is intriguing, particularly because assumption of risk has the power to completely bar recovery for a plaintiff who knowingly and voluntarily engaged with a risk. In reality, such a defense …
New: First Amendment Battles Over-Anti-Deplatforming Statutes: Examining Miami Herald Publishing Co. V. Tornillo's Relevance For Today's Online Social Media Platform Cases, Clay Calvert
UF Law Faculty Publications
Florida adopted a statute in 2021 barring large social media sites from deplatforming-removing from their sites-candidates running for state and local office. Soon thereafter, Texas adopted its own anti-deplatforming statute. A trade association representing several major social media companies is now challenging the laws in federal court for violating the platforms' First Amendment speech rights. A central issue in both NetChoice, LLC v. Moody (targeting Florida's statute) and NetChoice, LLC v. Paxton (attacking Texas's law) is the significance of the U.S. Supreme Court's 1974 decision in Miami Herald Publishing Co. v. Tornillo. In Tornillo, the Court struck down a Florida …
Extreme Emotional Disturbance: Legal Frameworks And Considerations For Forensic Evaluation, E. Lea Johnston, Christina P. Gliser, Jonathan P. Haney, Dana L. Formon, Naoko Hashimoto, Nadia Rossbach
Extreme Emotional Disturbance: Legal Frameworks And Considerations For Forensic Evaluation, E. Lea Johnston, Christina P. Gliser, Jonathan P. Haney, Dana L. Formon, Naoko Hashimoto, Nadia Rossbach
UF Law Faculty Publications
A significant minority of jurisdictions in the United States offer extreme emotional disturbance (EED) as a partial defense to murder. The form of this defense, as established by statute and case law, varies widely among jurisdictions. Empirical research on EED is scant with little guidance to forensic mental health professionals on how to approach and conceptualize potential EED cases. This paper addresses these issues by being the first known published work to (1) set forth a contemporary map of the varying definitions and scope of EED across the United States, (2) translate legal terminology into constructs accessible to forensic evaluators, …
How To Think About How The Us Congress Thinks About International Tax Reforms, Mindy Herzfeld
How To Think About How The Us Congress Thinks About International Tax Reforms, Mindy Herzfeld
UF Law Faculty Publications
The US Treasury has negotiated a multilateral tax deal under the framework of the OECD that includes Pillar 1, a plan to reallocate global profits of multinationals to market jurisdictions, and Pillar 2, a proposal for a global minimum tax. Global adoption of Pillar 1 directly hinges on US legislative action, and wide take-up of Pillar 2 may also depend on US modification of existing laws to conform to the OECD agreement. But while widespread implementation of the OECD agreement depends on US legislative action, uncertainty remains as to whether a deal negotiated by the Biden administration will be accepted …
Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert
UF Law Faculty Publications
This Article uses the U.S. Court of Appeals for the Eleventh Circuit’s divided decision in Otto v. City of Boca Raton in late 2020 as a springboard for examining battles in First Amendment jurisprudence over proof of causation of harm and the level of deference owed to the judgments of learned societies. A two-judge majority held in Otto that a pair of local ordinances banning speechbased conversion therapy on minors violated the First Amendment, with those measures failing the rigorous strict scrutiny standard of review. Crucial to the majority’s ruling was its conclusion that insufficient evidence exists that conversion therapy—also …
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
Mapping The Civil Justice Gap In Federal Court, Roger Michalski, Andrew Hammond
UF Law Faculty Publications
Unrepresented litigants make up a sizable and normatively important chunk of civil litigation in the federal courts. Despite their importance, we still know little about who these pro se litigants are. Debates about pro se litigation take place without sufficient empirical information. To help fill some of the gaps in our understanding of pro se litigants, this Article takes a new approach by mapping where pro se litigants live.
Using a massive data set of 2.5 million federal dockets from a ten-year period, we obtained addresses of non-prisoner pro se litigants. We then geolocated these addresses and cross-referenced that information …
Bankruptcy & The Benefit Corporation, Christopher D. Hampson
Bankruptcy & The Benefit Corporation, Christopher D. Hampson
UF Law Faculty Publications
As pressure grows for money-making businesses to prioritize social responsibility, the benefit corporation - a recent innovation in corporate governance - promises to require the directors of socially minded businesses to balance public benefit with shareholder interests. But will that promise survive the crucible of financial distress? While most discussions of the benefit corporation give only passing treatment to insolvency (or ignore it altogether), this Article provides the first complete analysis of how bankruptcy principles would apply to benefit corporations, informed by the practical context of out-of-court workouts and negotiations that take place in the shadow of the bankruptcy laws. …
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
Adopting Social Media In Family And Adoption Law, Stacey B. Steinberg, Meredith Burgess, Karla Herrera
UF Law Faculty Publications
Social media has dramatically changed the landscape facing families brought together through adoption. Just as adoptive families thirty years ago could not have predicted the impact of DNA technology on post-adoption family life, adoptive families are only now beginning to grasp the impact of social media connectivity on the lives of their growing children. This change is both related to social media’s impact on family life and fundamental shifts in our understandings about privacy more generally. Understanding the legal rights of parents and children in these circumstances is both a novel and underexplored issue for family law, constitutional law, and …