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Articles 1 - 8 of 8
Full-Text Articles in Entire DC Network
Generative Interpretation, David A. Hoffman, Yonathan Arbel
Generative Interpretation, David A. Hoffman, Yonathan Arbel
Articles
We introduce generative interpretation, a new approach to estimating contractual meaning using large language models. As AI triumphalism is the order of the day, we proceed by way of grounded case studies, each illustrating the capabilities of these novel tools in distinct ways. Taking well-known contracts opinions, and sourcing the actual agreements that they adjudicated, we show that AI models can help factfinders ascertain ordinary meaning in context, quantify ambiguity, and fill gaps in parties’ agreements. We also illustrate how models can calculate the probative value of individual pieces of extrinsic evidence. After offering best practices for the use of …
A Rapidly Shifting Landscape : Why Digitized Violence Is The Newest Category Of Gender-Based Violence, Rangita De Silva De Alwis
A Rapidly Shifting Landscape : Why Digitized Violence Is The Newest Category Of Gender-Based Violence, Rangita De Silva De Alwis
Articles
This paper proposes that new research on technology-facilitated violence must shape gender-based violence against women laws. Given the AI revolution, including large language models (“ LLMs ”), and generative artificial intelligence, new technologies continue to create power disparities that help facilitate gender-based violence both online and offline. The paper argues that the veil of anonymity provided by the digital realm facilitates violence ; and the automation capabilities offered by technology amplify the scope and impact of abusive behavior. Although the direct physical act of sexual violence is different from offline violence, there are similarities. Firstly, both acts share the structural …
Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan
Gender And Deception: Moral Perceptions And Legal Responses, Gregory Klass, Tess Wilkinson-Ryan
Articles
Decades of social science research has shown that the identity of the parties in a legal action can affect case outcomes. Parties’ race, gender, class, and age all affect decisions of prosecutors, judges, juries, and other actors in a criminal prosecution or civil litigation. Less studied has been how identity might affect other forms of legal regulation. This Essay begins to explore perceptions of deceptive behavior—i.e., how wrongful it is, and the extent to which it should be regulated or punished—and the relationship of those perceptions to the gender of the actors. We hypothesize that ordinary people tend to perceive …
A Podcast Of One's Own, Katherine Shaw, Leah Litman, Melissa Murray
A Podcast Of One's Own, Katherine Shaw, Leah Litman, Melissa Murray
Articles
In this short Essay, we discuss the lack of racial and gender diversity on and around the Supreme Court. As we note, the ranks of the Court’s Justices and its clerks historically have been dominated by white men. But this homogeneity is not limited to the Court’s members or its clerks. As we explain, much of the Court’s broader ecosystem suffers from this same lack of diversity. The advocates who argue before the Court are primarily white men; the experts cited in the Court’s opinions, as well as the experts on whom Court commentators rely in interpreting those opinions, are …
Speech, Intent, And The President, Katherine Shaw
Speech, Intent, And The President, Katherine Shaw
Articles
Judicial inquiries into official intent are a familiar feature of the legal landscape. Across various bodies of constitutional and public law — from equal protection and due process to the first amendment’s free exercise and establishment clauses, from the eighth amendment to the dormant commerce clause, and in statutory interpretation and administrative law cases across a range of domains — assessments of the intent of government actors are ubiquitous in our law. But whose intent matters to courts evaluating the meaning or lawfulness of government action? When it comes to statutes, forests have been felled debating the place of legislative …
Intentional Content And Non-Combatant Immunity: When Has One Intentionally Killed A Non-Combatant?, Kimberly Ferzan
Intentional Content And Non-Combatant Immunity: When Has One Intentionally Killed A Non-Combatant?, Kimberly Ferzan
Articles
No abstract provided.
Representational Content’S Relevance To War: A Reply To Husak, Kimberly Ferzan
Representational Content’S Relevance To War: A Reply To Husak, Kimberly Ferzan
Articles
No abstract provided.
Civil Rights In International Law: Compliance With Aspects Of The ‘International Bill Of Rights’, Beth Simmons
Civil Rights In International Law: Compliance With Aspects Of The ‘International Bill Of Rights’, Beth Simmons
Articles
International law has developed what many might consider a constitutional understanding of individual civil rights that individuals can claim vis-à-vis their own governments. This article discusses the development of aspects of international law relating to civil rights and argues that if this body of law is meaningful, we should see evidence of links between acceptance of international legal obligation and domestic practices. Recognizing that external forms of enforcement of civil rights is unlikely (because doing so is not generally in the interest of potential "enforcers"), I argue that international civil rights treaties will have their greatest effect where stakeholders-local citizens-have …