Law Commons^™

Machine Speech: Towards A Unified Doctrine Of Attribution And Control, Brian Sites

University of Miami Law Review

Like many courts across the country in 2023, courts in the Eleventh Circuit were met with novel claims challenging ChatGPT and other artificial intelligence tools. These cases raise common questions: How should courts treat the speech of machines? When a machine generates allegedly defamatory material, who is the speaker—mortal or machine? When a machine generates expressive creations, who is the artist, and does that shape copyright eligibility? When a machine makes assertions about reality through lab analyses and other forensic reports, who is the accuser, and how does the answer impact a defendant’s rights at trial? Should those answers stem …

How The Gun Control Act Disarms Black Firearm Owners, Maya Itah

Washington Law Review

Through 18 U.S.C. § 924(c), the Gun Control Act (GCA) outlaws the possession of a firearm “in furtherance of” a drug trafficking crime. The statute’s language is broad, and federal courts have interpreted it expansively. By giving prosecutors wide discretion in charging individuals with § 924(c) violations, the language enables the disproportionate incarceration of Black firearm owners.

This Comment addresses this issue in three parts. Part I discusses the ways early gun control laws overtly disarmed Black firearm owners. Additionally, Part I provides context for the passage of the Gun Control Act of 1968, which coincided with the backlash to …

The Rise And Fall (?) Of The Berle–Means Corporation, Brian R. Cheffins

Seattle University Law Review

This Article forms part of the proceedings of the 10th Annual Berle Symposium (2018), which focused on Adolf Berle and the world he influenced. He and Gardiner Means documented in The Modern Corporation and Private Property (1932) what they said was a separation of ownership and control in major American business enterprises. Berle and Means became sufficiently closely associated with the separation of ownership and control pattern for the large American public firm to be christened subsequently the “Berle–Means corporation.” This Article focuses on the “rise” of the Berle–Means corporation, considering in so doing why ownership became divorced from control …

The Modern Corporation And Private Property Revisited: Gardiner Means And The Administered Price, William W. Bratton

Seattle University Law Review

This essay casts additional light on The Modern Corporation’s corporatist precincts, shifting attention to the book’s junior coauthor, Gardiner C. Means. Means is accurately remembered as the generator of Book I’s statistical showings—the description of deepening corporate concentration and widening separation of ownership and control. He is otherwise more notable for his absence than his presence in today’s discussions of The Modern Corporation. This essay fills this gap, describing the junior coauthor’s central concern—a theory of administered prices set out in a Ph.D. dissertation Means submitted to the Harvard economics department after the book’s publication.

Quasi Governments And Inchoate Law: Berle’S Vision Of Limits On Corporate Power, Elizabeth Pollman

Seattle University Law Review

This Berle X Symposium essay gives prominence to distinguished corporate law scholar Adolf A. Berle, Jr. and his key writings of the 1950s and 1960s. Berle is most famous for his work decades earlier, in the 1930s, with Gardiner Means on the topic of the separation of ownership and control, and for his great debate of corporate social responsibility with E. Merrick Dodd. Yet the world was inching closer to our contemporary one in terms of both business and technology in Berle’s later years and his work from this period deserves attention.

The ‘Berle And Means Corporation’ In Historical Perspective, Eric Hilt

Seattle University Law Review

This Article presents new evidence on the evolution of the business corporation in America and on the emergence of what is commonly termed the “Berle and Means corporation.” Drawing on a wide range of sources, I investigate three major historical claims of The Modern Corporation: that large corporations had displaced small ones by the early twentieth century; that the quasi-public corporations of the 1930s were much larger than the public corporations of the nineteenth century; and that ownership was separated from control to a much greater extent in the 1930s compared to the nineteenth century. I address each of these …

Newsroom: Is Wall Between Church And State Crumbling? 10-10-2017, Diana Hassel

Life of the Law School (1993- )

No abstract provided.

Rwu First Amendment Blog: Diana Hassel's Blog: Is The Wall Between Church And State Crumbling? 10-07-2017, Diana Hassel

Law School Blogs

No abstract provided.

Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

15 pages

Contains footnotes

"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"

"DATED 20 APRIL 2012"

Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements¹ by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …

Slides: Crystalised Not Frozen: Addressing Historical Exclusion Of Traditional Owners From Water, Poh-Ling Tan

Indigenous Water Justice Symposium (June 6)

Poh-Ling Tan, Griffith University

13 slides

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms

Pepperdine Law Review

No abstract provided.

Information Revolution: “Choice Of Control” To “Choice And Control”, Subhajit Basu, Christina Munns

Subhajit Basu

Please do not cite without permission of the authors.

In this article, we critically analyse whether the ‘privacy framework’ for health records is ‘fit-for-purpose’ for the NHS’s ‘information revolution’ and argue that the NHS’s ‘proxy-individual’ information-guardian role could inadvertently mask individuals’ intended roles, effectively circumventing autonomy-based laws by limiting the power of individuals to be autonomous. We suggest that moving ‘choice of control’ to individuals will render ‘privacy’ redundant whilst validating ‘confidentiality’ via consent from empowered individuals. This power shift would expose the overdue need for options to increase levels of individual ‘control/privacy,’ moving from the NHS’s paternal ‘proxy-individual’ conception …

Expanding Protective Order Coverage., Kellie K. Player

St. Mary's Law Journal

The Texas legislature should eliminate the relationship requirement for a protective order. Although the Texas legislature passed the Kristy Appleby Act, which expanded the definition of dating violence, some victims of domestic violence may still be unable to qualify for a protective order. Specifically, some third-party individuals in a love triangle may not be eligible to receive a protective order. In Texas, a potential or current victim of domestic abuse needs to demonstrate a relationship with the perpetrator. Despite the broadened definition of relationship, some potential victims may still be unable to meet this burden. If the person cannot, they …

A Capital Gains Anomaly: Commissioner V. Banks And The Proceeds From Lawsuits., Stephen T. Black, Katherine D. Black, Michael D. Black

St. Mary's Law Journal

When a litigant receives an award of damages or agrees to a settlement of a lawsuit for which the litigant and her attorney have agreed to a contingent fee, a portion of those damages or the settlement is paid to the attorney. For income tax purposes, there is a question of whether the litigant should include the portion paid to her attorney as her own income. The question is not merely academic. In a tax system that does not always allow the litigant to deduct her attorney's fees, the litigant may end up paying tax on money that she never …

A Fractured Establishment's Responses To Social Movement Agitation: The U.S. Supreme Court And The Negotiation Of An Outsider Point Of Entry In Walker V. City Of Birmingham, Carlo A. Pedrioli

Faculty Scholarship

In classical social movement theory, scholars have identified the advocates of change as elements of agitation and the establishment as the entity that responds in an attempt to control the agitators. This classical approach has assumed that the establishment is a generally monolithic entity that responds in a unified manner to the efforts of the advocates of change. While this approach may accurately characterize some rhetorical situations, it does not necessarily have to characterize all such situations. For example, one could describe the judiciary as a part of the establishment because judges are well-connected and powerful individuals who, in many …

Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr.

Donna M. Hughes

Happy Law Students, Happy Lawyers, Nancy Levit, Douglas Linder

Nancy Levit

This article draws on research into the science of happiness and asks a series of interrelated questions: Whether law schools can make law students happier? Whether making happier law students will translate into making them happier lawyers, and the accompanying question of whether making law students happier would create better lawyers? After covering the limitations of genetic determinants of happiness and happiness set-points, the article addresses those qualities that happiness research indicates are paramount in creating satisfaction: control, connections, creative challenge (or flow), and comparisons (preferably downward). Those qualities are then applied to legal education, while addressing the larger philosophical …

Legal Images Of Battered Women: Redefining The Issue Of Separation, Martha R. Mahoney

Michigan Law Review

Part I of this article discusses violence in the ordinary lives of women, describing individual and societal denial that pretends domestic violence is rare when statistics show it is common, and describing the ways in which motherhood shapes women's experience of violence and choices in response to violence. Part II examines definitions of battering and evaluates their effectiveness at disguising or revealing the struggle for control at the heart of the battering process. I then describe in Part III the pressures that self-defense and custody cases place on legal and cultural images of battered women and contrast the development of …

Dimensions Of Tolerance: What Americans Believe About Civil Liberties, Michigan Law Review

Michigan Law Review

A Review of Dimensions of Tolerance: What Americans Believe About Civil Liberties by Herbert McClosky and Alida Brill