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Articles 1 - 14 of 14
Full-Text Articles in Law
Slave To The Algorithm? Why A 'Right To An Explanation' Is Probably Not The Remedy You Are Looking For, Lilian Edwards, Michael Veale
Slave To The Algorithm? Why A 'Right To An Explanation' Is Probably Not The Remedy You Are Looking For, Lilian Edwards, Michael Veale
Duke Law & Technology Review
Algorithms, particularly machine learning (ML) algorithms, are increasingly important to individuals’ lives, but have caused a range of concerns revolving mainly around unfairness, discrimination and opacity. Transparency in the form of a “right to an explanation” has emerged as a compellingly attractive remedy since it intuitively promises to open the algorithmic “black box” to promote challenge, redress, and hopefully heightened accountability. Amidst the general furore over algorithmic bias we describe, any remedy in a storm has looked attractive. However, we argue that a right to an explanation in the EU General Data Protection Regulation (GDPR) is unlikely to present a …
A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa
Fordham Environmental Law Review
No abstract provided.
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright
Fordham Environmental Law Review
No abstract provided.
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Legal Barriers And Disincentives To Self-Sufficient Disaster Preparation In The United States, Haley Palfreyman Jankowski
Hofstra Law Review
In the wake of Hurricane Harvey and a slew of other natural disasters affecting the United States, all Americans cannot help thinking about effective damage control for current and future disasters. I grew up in Houston, Texas where we went through countless hurricanes, torrential rainstorms, and the resulting power outages, and after surviving each one, we inevitably thought: What can we do to prepare better for the next one? Preparing to be self-sufficient in the aftermath of a life-changing disaster should be a top priority not just for individuals but for the government as well. After all, the more prepared …
The Copyright Box Model, Stephen T. Black
The Copyright Box Model, Stephen T. Black
Seattle University Law Review
Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …
Babies Aren't U.S., Zachary J. Devlin
Babies Aren't U.S., Zachary J. Devlin
University of Massachusetts Law Review
Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender equality …
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba
University of Massachusetts Law Review
In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Outer Space: The Final Frontier Or The Final Battlefield?, Emily Taft
Duke Law & Technology Review
Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration.
Why The World Should Act Like Children: Using The Building Blocks Method To Combat Climate Change, Beginning With Methane, Eileen Waters
Why The World Should Act Like Children: Using The Building Blocks Method To Combat Climate Change, Beginning With Methane, Eileen Waters
University of Richmond Law Review
No abstract provided.
Should Foreign Pension Funds With U.S. Investments Pay U.S. Tax?, Cynthia Blum
Should Foreign Pension Funds With U.S. Investments Pay U.S. Tax?, Cynthia Blum
William & Mary Business Law Review
U.S. and foreign pension funds are investing heavily outside of their home countries. With the aging of the world’s population, this trend will likely intensify. Most countries, including the U.S., accord a tax exemption to certain qualified pension funds organized within their own country; however, when a foreign pension fund invests in the U.S., the U.S. tax code does not recognize its tax exemption. Responding to the need to attract greater investment in U.S. infrastructure, Congress in 2015 enacted a new provision ameliorating the tax treatment of foreign pension plans investing in U.S. real estate. This Article examines whether the …
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
Next Generation Foreign Intelligence Surveillance Law: Renewing 702, William C. Banks
University of Richmond Law Review
No abstract provided.
Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis
Refugee Roulette: A Comparative Analysis Of Gender-Related Persecution In Asylum Law, Joanna J. Kallinosis
DePaul Journal of Women, Gender and the Law
From the moment Rodi Alvarado Pena married a Guatemalan army officer at the age of 16, she was subjected to intensive abuse, and all her efforts to get help where unsuccessful. Her husband raped and sodimized her repeatedly, attempted to abort their child by violently kicking her in the spine, dislocated her jaw, attempted to cut her hands off with a machete, kicked her in her genitals and used her head to break windows. He terrified her by bragging about his power to kill innocent civilians with impunity and all of Rodi’s pleas for help from the Guatemalan government were …
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull
Northwestern University Law Review
Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …
Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis
Where Are We Today In The International Fight Against Overseas Corruption: An Historical Perspective, And Two Problems Going Forward, Frederick T. Davis
ILSA Journal of International & Comparative Law
The goal of my comments is to take a step back and begin with an historical perspective on the collective, international effort to fight corruption, and then to suggest two problems that effort faces today.