Law Commons^™

New Rules For A New Era: Regulating Artificial Intelligence In The Legal Field, Hunter Cyran

Journal of Law, Technology, & the Internet

As Artificial Intelligence (AI) continues to evolve at a rapid pace, many industries have already started integrating new technologies to reduce costs and labor. While this is practical for some industries, the legal industry should be cautious before fully integrating AI. Some legal-service providers are already developing and offering new AI products. But the legal industry must approach these new products with some skepticism. While AI may eventually bring positive changes to the legal industry, AI currently has many flaws. This can create negative unintended consequences for attorneys and judges that are unaware of these flaws. Further, AI is not …

The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp

Journal of Law, Technology, & the Internet

When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.

The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …

The Future Of The Christchurch Call To Action: How To Build Multistakeholder Initiatives To Address Content Moderation Challenges, Rachel Wolbers

Journal of Law, Technology, & the Internet

This article explores the challenges the New Zealand Government faced after the events in Christchurch on 15 March 2019, where a violent gunman killed 51 people and live-streamed his attack on social media. The video was viewed millions of times in the days following, even as the tech companies took extraordinary efforts to reduce its virality. To find a long-term solution that ended the proliferation of this violent content while protecting human rights, the New Zealand Government decided to take a non-regulatory approach that worked alongside tech companies and civil society. The result was the creation of the Christchurch Call …

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Masthead, Volume 74 Issue 1 (2023)

Case Western Reserve Law Review

No abstract provided.

Volume 74 Issue 1 (2023), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

George A. Leet Business Law Symposium: Corporate Law And Private Ordering - Introduction, Eric C. Chaffee

Case Western Reserve Law Review

No abstract provided.

Private Ordering And Contracting Out In Twenty-First-Century Corporate Law, Robert B. Thompson

Case Western Reserve Law Review

No abstract provided.

Comparing Agency Costs In Contract Production: Private Equity M&A Versus Corporate And Sovereign Bonds, Stephen J. Choi, Mitu Gulati, Robert E. Scott

Case Western Reserve Law Review

No abstract provided.

The Hidden Cost Of Contracting For Esg: A New Perspective On Private Ordering, Juliet P. Kostritsky, Jillian T. Fox, Blake Spiller

Case Western Reserve Law Review

No abstract provided.

Keeping Faithful To The Facts, Antonia Mysyk

Case Western Reserve Law Review

No abstract provided.

The Renewable Frontier: Improving Offshore Wind Development Within The Great Lakes Through Statutory Initiatives, Anjelica D. Blair

Case Western Reserve Law Review

No abstract provided.

Doing Good Or Just Looking Good?: An Analysis Of Delaware’S Public Benefit Corporation A Decade After Its Creation, Amanda Schwaben

Case Western Reserve Law Review

No abstract provided.

Employers And The Privatization Of Public Health, Sharona Hoffman

Faculty Publications

This Article focuses on the role of employers in public health and argues that they constitute increasingly important actors in the U.S. public health arena. In the aftermath of the COVID-19 pandemic, a series of judicial decisions and newly enacted statutes enfeebled the public health powers of the federal and state governments. In a 2023 statement, Supreme Court Justice Neil Gorsuch clearly articulated his antagonism towards government-initiated COVID-19 interventions, describing them as “the greatest intrusions on civil liberties in the peacetime history of this country.” All too many share his views.

Employers may be highly motivated to safeguard their workers’ …

Patient Autonomy, Public Safety, And Drivers With Cognitive Decline, Sharona Hoffman, Cassandra Burke Robertson

Faculty Publications

With a growing elderly population, cognitive decline in drivers has become a significant public safety concern. Currently, over thirty-two million individuals who are seventy or older have driver’s licenses, and that number is growing quickly. In addition, almost ten percent of U.S. seniors (those sixty-five and older) have dementia, and an additional twenty-two percent have mild cognitive impairment. Between a quarter and a half of individuals with mild to moderate dementia still drive. As cognitive abilities such as memory, attention, and decision-making skills deteriorate, a driver's ability to operate a vehicle safely can be compromised. This not only puts the …

Assessing The Performance Of Place-Based Economic Development Incentives: What’S The Word On The Street?, Matthew Rossman

Faculty Publications

Although politically popular, place-based economic development incentives have had limited success and proven difficult to evaluate. Unlike most legal scholarship on this topic, this article takes a qualitative approach in examining them. It studies the performance of four distinct types of development incentives intended to alleviate economic distress, using insight gathered from interviews with business owners, development professionals, and community members in six adjoining neighborhoods, where past efforts at revitalization have failed despite locational advantages.

The challenges faced by economically distressed places are typically varied and complex. The qualitative sampling techniques employed in this article’s research generated nuanced, ‘on the …

The Delegation Doctrine, Jonathan Adler

Faculty Publications

The nondelegation doctrine may remain moribund, but the outlines of a delegation doctrine may be visible in the Court’s recent jurisprudence. Instead of policing the limits on Congress’s power to delegate authority to administrative agencies, the Court has instead been focusing on whether the power administrative agencies seek to exercise has been properly delegated by Congress in the first place. This emerging delegation doctrine may be seen in both the Court’s recent major questions doctrine cases, as well as the Court’s decisions refining and constraining the Chevron doctrine. In both contexts the Court has embraced the principle that agencies may …

Ftc Non-Compete Ban, Olivia Kuenzi

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The ‘100-Mile Border Zone’ And The Surveillance Of Frontline Immigrant Advocates, Brandon Burkey, Isabella Jackson

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Commentary: Shoop V. Twyford, Bridget Coyne, Vegas Kastberg

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Most Important Law You’Ve Never Heard Of: Section 1981 And Its Potential Social Justice Issues, Isaac Hampton Verhelst

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Aftermath: How Cities Do And Don’T Enforce Accountability Following Police Killings, Olivia Cobb, Hannah Scifres

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Diverse Representation In Clinical Research Matters, Nneka Onyekwuluje

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Student Loans And The Supreme Court: Borrowers’ Futures At Risk, Jordan Weeks, Elizabeth Martinez

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Chilling Speech In The Name Of 'Woke': A Critique Of The Stop W.O.K.E. Act, Mia Guy, Kelsey Moore

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Deliberate Indifference: An Impossible Standard, Caroline Kish

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Circumvention Of Lawful Pathways, Luke Antonczak

The Reporter: Social Justice Law Center Magazine

No abstract provided.

The Expungement Dilemma: Amended Ohio Rev. Cod Ann. § 2953.521(A) (West 2023), Eleanor Salsbury

The Reporter: Social Justice Law Center Magazine

No abstract provided.

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)

Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)