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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
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- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (20)
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- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (14)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (13)
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- Coalbed Methane Development in the Intermountain West (April 4-5) (13)
- The Promise and Peril of Oil Shale Development (February 5) (13)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (11)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (10)
- Air Quality Protection in the West (November 27-28) (8)
- Workshop on Directional Drilling in the Rocky Mountain Region (November 13) (7)
- Energy Field Tour 2003 (August 11-16) (6)
- Air Quality Impacts from Oil and Gas Development (January 27) (5)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (5)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (4)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (4)
- Endangered Species Act Congressional Field Tour (August 17-19) (3)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (3)
- Water and Growth in the West (Summer Conference, June 7-9) (3)
- Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14) (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
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- 2010 World Energy Justice Conference (November 5) (1)
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Articles 31 - 60 of 393
Full-Text Articles in Law
Results May Vary, Susan Nevelow Mart
Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart
Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart
Publications
When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …
Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon
Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon
Publications
No abstract provided.
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski
Publications
No abstract provided.
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley
Publications
Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second, bias, emotion, …
Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
Research Data
These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.
The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.
Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
Research Data
This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.
Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski
Authorship, Disrupted: Ai Authors In Copyright And First Amendment Law, Margot E. Kaminski
Publications
Technology is often characterized as an outside force, with essential qualities, acting on the law. But the law, through both doctrine and theory, constructs the meaning of the technology it encounters. A particular feature of a particular technology disrupts the law only because the law has been structured in a way that makes that feature relevant. The law, in other words, plays a significant role in shaping its own disruption. This Essay is a study of how a particular technology, artificial intelligence, is framed by both copyright law and the First Amendment. How the algorithmic author is framed by these …
Every Algorithm Has A Pov, Susan Nevelow Mart
Every Algorithm Has A Pov, Susan Nevelow Mart
Publications
When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …
The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart
Publications
The results of using the search algorithms in Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel, and Casetext are compared. Six groups of humans created six different algorithms, and the results are a testament to the variability of human problem solving. That variability has implications both for researching and teaching research.
Privacy And The Right To Record, Margot E. Kaminski
Privacy And The Right To Record, Margot E. Kaminski
Publications
Many U.S. laws protect privacy by governing recording. Recently, however, courts have recognized a First Amendment “right to record.” This Article addresses how courts should handle privacy laws in light of the developing First Amendment right to record.
The privacy harms addressed by recording laws are situated harms. Recording changes the way people behave in physical spaces by altering the nature of those spaces. Thus, recording laws can be placed within a long line of First Amendment case law that recognizes a valid government interest in managing the qualities of rivalrous physical space, so as not to allow one person’s …
Entrepreneurial Administration, Philip J. Weiser
Entrepreneurial Administration, Philip J. Weiser
Publications
A core failing of today’s administrative state and modern administrative law scholarship is the lack of imagination as to how agencies should operate. On the conventional telling, public agencies follow specific grants of regulatory authority, use the traditional tools of notice-and-comment rulemaking and adjudication, and are checked by judicial review. In reality, however, effective administration depends on entrepreneurial leadership that spearheads policy experimentation and trial-and-error problem-solving, including the development of regulatory programs that use non-traditional tools.
Entrepreneurial administration takes place both at public agencies and private entities, each of which can address regulatory challenges and earn regulatory authority as a …
Health Information Equity, Craig Konnoth
Health Information Equity, Craig Konnoth
Publications
In the last few years, numerous Americans’ health information has been collected and used for follow-on, secondary research. This research studies correlations between medical conditions, genetic or behavioral profiles, and treatments, to customize medical care to specific individuals. Recent federal legislation and regulations make it easier to collect and use the data of the low-income, unwell, and elderly for this purpose. This would impose disproportionate security and autonomy burdens on these individuals. Those who are well-off and pay out of pocket could effectively exempt their data from the publicly available information pot. This presents a problem which modern research ethics …
Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart
Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart
Publications
No abstract provided.
Achieving American Retirement Prosperity By Changing Americans' Thinking About Retirement, Peter H. Huang
Achieving American Retirement Prosperity By Changing Americans' Thinking About Retirement, Peter H. Huang
Publications
There are many decisions that Americans have to make about retirement before, at, and after retirement. For example, Americans have to decide when to start saving for retirement, how much to save, how to invest those savings, when to retire, when to claim social security, and how to take required minimum distributions from 401(k) plans or Individual Retirement Accounts. Different things can go wrong at each of these decisions for different reasons. Many Americans, for various reasons, including insufficient energy, money, motivation, time, and understanding, do no retirement planning. Some Americans do some retirement planning, yet worry they are doing …
Siri-Ously 2.0: What Artificial Intelligence Reveals About The First Amendment, Toni M. Massaro, Helen Norton, Margot E. Kaminski
Siri-Ously 2.0: What Artificial Intelligence Reveals About The First Amendment, Toni M. Massaro, Helen Norton, Margot E. Kaminski
Publications
The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward.
This is not a claim about the state of technology. Whether strong AI — as-yet-hypothetical machines that can actually think — will ever come to exist remains far from clear. It is instead a claim that discussing AI speech sheds light on key features of prevailing First Amendment doctrine and theory, including the surprising lack of humanness at its core.
Courts and commentators wrestling with free …
Disruptive Platforms, Margot Kaminski
Investment Accelerators, Brad Bernthal
Investment Accelerators, Brad Bernthal
Publications
This Article documents and explains the legal and extralegal dimensions of Investment Accelerator (IA) systems. Accelerators are a new class of institution that supports entrepreneurs and early stage startups. Investment Accelerators take an ownership stake in companies that participate in an intensive, time-limited program. Interviews reveal the surprising extent to which parties in many Investment Accelerators exchange economic value in the absence of formal agreement. Startups share proprietary information with highly accomplished mentors who, in turn, contribute their time and connections without direct compensation. This under-contracted and informal arrangement raises concerns about opportunism. Data from an original investigation presents a …
Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd
Environmental Law, Big Data, And The Torrent Of Singularities, William Boyd
Publications
How will big data impact environmental law in the near future? This Essay imagines one possible future for environmental law in 2030 that focuses on the implications of big data for the protection of public health from risks associated with pollution and industrial chemicals. It assumes the perspective of an historian looking back from the end of the twenty-first century at the evolution of environmental law during the late twentieth and early twenty-first centuries. The premise of the Essay is that big data will drive a major shift in the underlying knowledge practices of environmental law (along with other areas …
Disclosure 2.0: Can Technology Solve Overload, Complexity, And Other Information Failures?, Erik F. Gerding
Disclosure 2.0: Can Technology Solve Overload, Complexity, And Other Information Failures?, Erik F. Gerding
Publications
In recent years, securities law scholars have either renewed an old attack on mandatory issuer disclosure or questioned the effectiveness of securities disclosure in the context of modern financial instruments. Some scholars argue that mandatory disclosure rules prove ineffective because investors suffer from “information overload.” Others claim that securities disclosure cannot describe adequately the complexity of modern firms and finance. These academic criticisms of mandatory securities disclosure provide some of the intellectual underpinnings for recent efforts to roll back some mandatory securities disclosure rules, such as the SEC’s Disclosure Effectiveness initiative.
This Article questions these critiques of securities disclosure, including …
Technological Opacity, Predictability, And Self-Driving Cars, Harry Surden, Mary-Anne Williams
Technological Opacity, Predictability, And Self-Driving Cars, Harry Surden, Mary-Anne Williams
Publications
Autonomous or “self-driving” cars are vehicles that drive themselves without human supervision or input. Because of safety benefits that they are expected to bring, autonomous vehicles are likely to become more common. Notably, for the first time, people will share a physical environment with computer-controlled machines that can both direct their own activities and that have considerable range of movement. This represents a distinct change from our current context. Today people share physical spaces either with machines that have free range of movement, but are controlled by people (e.g. automobiles) or with machines that are controlled by computers, but highly …
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
Publications
No abstract provided.
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
When The Default Is No Penalty: Negotiating Privacy At The Ntia, Margot E. Kaminski
Publications
Consumer privacy protection is largely within the purview of the Federal Trade Commission. In recent years, however, the National Telecommunications and Information Administration (NTIA) at the Department of Commerce has hosted multistakeholder negotiations on consumer privacy issues. The NTIA process has addressed mobile apps, facial recognition, and most recently, drones. It is meant to serve as a venue for industry self-regulation. Drawing on the literature on co-regulation and on penalty defaults, I suggest that the NTIA process struggles to successfully extract industry expertise and participation against a dearth of federal data privacy law and enforcement. This problem is most exacerbated …
Regulating Software When Everything Has Software, Paul Ohm, Blake Reid
Regulating Software When Everything Has Software, Paul Ohm, Blake Reid
Publications
This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …
New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner
New Hardware And Software Innovations (For Volumetric Modeling), A. Keith Turner
Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)
19 pages (includes illustrations and maps).
Who Regulates The Robots, Margot Kaminski
Regulating Real-World Surveillance, Margot E. Kaminski
Regulating Real-World Surveillance, Margot E. Kaminski
Publications
A number of laws govern information gathering, or surveillance, by private parties in the physical world. But we lack a compelling theory of privacy harm that accounts for the state's interest in enacting these laws. Without a theory of privacy harm, these laws will be enacted piecemeal. Legislators will have a difficult time justifying the laws to constituents; the laws will not be adequately tailored to legislative interest; and courts will find it challenging to weigh privacy harms against other strong values, such as freedom of expression.
This Article identifies the government interest in enacting laws governing surveillance by private …
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Robots In The Home: What Will We Have Agreed To?, Margot E. Kaminski
Publications
A new technology can expose the cracks in legal doctrine. Sometimes a technology resists analogy. Sometimes, through analogies, it reveals inconsistencies in the law, or basic flaws in framing, or in the fit between different parts of the legal system. This Essay addresses robots in the home, and what they reveal about U.S. privacy law. Household robots might not themselves uproot U.S. privacy law, but they will reveal its inconsistencies, and show where it is most likely to fracture. Just as drones are serving as a legislative “privacy catalyst” — encouraging the enactment of new privacy laws as people realize …
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Bruce Baizel, Chair, STRONGER Board
17 slides
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cindy Beeler, U.S. Environmental Protection Agency, Denver, CO
10 slides