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Journal

International Law

University of San Diego

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Full-Text Articles in Law

Protecting The Promise To The Families Of Tuskegee: Banning The Use Of Persuasive Ai In Obtaining Informed Consent For Commercial Drug Trials, Jennifer S. Bard Jan 2024

Protecting The Promise To The Families Of Tuskegee: Banning The Use Of Persuasive Ai In Obtaining Informed Consent For Commercial Drug Trials, Jennifer S. Bard

San Diego Law Review

This is the first article to call for a ban on the use of AI technology designed to influence human decision-making, “Persuasive AI,” for the purpose of recruiting or enrolling human participants in drug trials sponsored by commercial entities. It does so from a perspective of precaution, not fear. Advances in Artificial Technology that can assist human decision-making have tremendous potential for good. It makes the case for doing so based on both the substantial risk of harm to the decision-making process and the ineffectiveness of intermediate regulatory measures. This Article looks directly at Persuasive AI, a type of AI …


Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón Dec 2013

Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón

San Diego Law Review

In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms. By this I mean that these norms should figure in any catalog of what international law prescribes or permits.


Ineffective, Opaque, And Undemocratic: The Ious Of—Too Much—International Law And Why A Bit Of Skepticism Is Warranted, James Allan Dec 2013

Ineffective, Opaque, And Undemocratic: The Ious Of—Too Much—International Law And Why A Bit Of Skepticism Is Warranted, James Allan

San Diego Law Review

In this Article I want to give you an outsider’s view of international law, or at least this outsider’s view. And by outsider I mean someone who is usually interested in legal philosophy and constitutional law and who may well be thought to lack standing to offer the sort of views and criticisms that are to come.... The structure of this Article will be simple. I will criticize certain aspects of international law, especially rights-related international law, under the three headings you see in the title to this Article. However, I am going to take those headings and critiques in …