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Full-Text Articles in Law

Administrative Law In The Automated State, Cary Coglianese Apr 2021

Administrative Law In The Automated State, Cary Coglianese

Faculty Scholarship at Penn Law

In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated ...


Moonlight: A Photo Essay, David A. Westbrook Feb 2021

Moonlight: A Photo Essay, David A. Westbrook

Journal Articles

No abstract provided.


Environmental Soft Law As A Governance Strategy, Cary Coglianese Jan 2021

Environmental Soft Law As A Governance Strategy, Cary Coglianese

Faculty Scholarship at Penn Law

Soft law governance relies on nongovernmental institutions that establish and implement voluntary standards. Compared with traditional hard law solutions to societal and economic problems, soft law alternatives promise to be more politically feasible to establish and then easier to adapt in the face of changing circumstances. They may also seem more likely to be flexible in what they demand of targeted businesses and other entities. But can soft law actually work to solve major problems? This Article considers the value of soft law governance through the lens of three major voluntary, nongovernmental initiatives that address environmental concerns: (1) ISO 14001 ...


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman Jan 2021

Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman

All Faculty Scholarship

We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development (R&D) timelines, but also paved the way for the administration of a new type of vaccine technology – mRNA vaccines, which work in substantially different ways from the vaccines in use before the pandemic.

While the process of bringing emerging COVID-19 vaccines to market has taken place in an unusually short timeframe, it was largely predicated on the same scientific and regulatory processes that govern the development, approval and deployment of new ...


Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law Nov 2020

Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood Oct 2020

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents ...


Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai Oct 2020

Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai

Research Collection School Of Law

This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s “modified approach” fails to meaningfully engage the plaintiff ’s wrongful gain interest and places the law’s emphasis primarily, if not wholly, on the plaintiff ’s wrongful loss interest. The new framework also appears to have been influenced by English jurisprudence, which has had a long ...


Rethinking Mistake In The Age Of Algorithms: Quoine Pte Ltd V B2c2 Ltd, Vincent Ooi, Kian Peng Soh Sep 2020

Rethinking Mistake In The Age Of Algorithms: Quoine Pte Ltd V B2c2 Ltd, Vincent Ooi, Kian Peng Soh

Research Collection School Of Law

Good traders remove emotion from the decision-making process. Automated trading algorithms have enabled this, allowing one to trade round the clock, and without the constant need to monitor one’s investments. But software has gremlins. Given the vast amounts of money involved in such trades, it was only a matter of time before disputes involving automated trading software came before the courts. The decision in Quoine v B2C2 (“Quoine”) represents the first time an apex court in the Commonwealth has ruled on the applicability of contractual principles to situations involving automated trading software.


Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones Sep 2020

Research 4.0: Research In The Age Of Automation, Rob Procter, Ben Glover, Elliot Jones

Copyright, Fair Use, Scholarly Communication, etc.

Executive Summary

There is a growing consensus that we are at the start of a fourth industrial revolution, driven by developments in Artificial Intelligence, machine learning, robotics, the Internet of Things, 3-D printing, nanotechnology, biotechnology, 5G, new forms of energy storage and quantum computing. This wave of technical innovations is already having a significant impact on how research is conducted, with dramatic change across research methods in recent years within some disciplines, as this project’s interim report set out.

Whilst there are a wide range of technologies associated with the fourth industrial revolution, this report primarily seeks to understand ...


How Intelligent Ci Instruction Gives Law Students A Competitive Edge, Heather Simmons, Beau Steenken, Liz Whittington, Joshua Pluta Jul 2020

How Intelligent Ci Instruction Gives Law Students A Competitive Edge, Heather Simmons, Beau Steenken, Liz Whittington, Joshua Pluta

Presentations

"Competitive intelligence" (CI) is a term that gets bandied about across many sectors, but how exactly do law firms use it to further their business? Academics are aware of CI as a concept, but teaching students how to conduct competitive intelligence requires a more nuanced understanding of how it is actually used. In a discussion moderated by a newer academic librarian who will be teaching competitive intelligence for the first time, a firm librarian will share insights into how competitive intelligence can and should be used, and an academic librarian who regularly teaches competitive intelligence will offer tips on how ...


Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay Jul 2020

Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay

Research Collection School Of Law

The Centre for AI and Data Governance (CAIDG) at Singapore Management University (SMU) has embarked over past months on a programme of research designed to confront concerns about the pandemic and its control. Our interest is primarily directed to the ways in which AI-assisted technologies and mass data sharing have become a feature of pandemic control strategies. We want to know what impact these developments are having on community confidence and health safety. In developing this work, we have come across many myths that need busting.


Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman Jun 2020

Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..


Developing Open Source Software Using Version Control Systems: An Introduction To The Git Language For Documenting Your Computational Research, Jared D. Smith, Jonathan D. Herman Jun 2020

Developing Open Source Software Using Version Control Systems: An Introduction To The Git Language For Documenting Your Computational Research, Jared D. Smith, Jonathan D. Herman

All ECSTATIC Materials

Version control systems track the history of code as it is committed (saved) by any number of developers. Have you made a coding error and cannot debug it? Version control systems allow for resetting code back to when it worked, and show what code has changed since previous commits.

The contents of this lecture provide an introduction to the git version control language, GitHub for cloud hosting open source code repositories, and tutorials that demonstrate common and useful git and GitHub practices. This lecture is intended to be coupled with a discussion on creating reproducible computational research.

The zipped folder ...


Deploying Machine Learning For A Sustainable Future, Cary Coglianese May 2020

Deploying Machine Learning For A Sustainable Future, Cary Coglianese

Faculty Scholarship at Penn Law

To meet the environmental challenges of a warming planet and an increasingly complex, high tech economy, government must become smarter about how it makes policies and deploys its limited resources. It specifically needs to build a robust capacity to analyze large volumes of environmental and economic data by using machine-learning algorithms to improve regulatory oversight, monitoring, and decision-making. Three challenges can be expected to drive the need for algorithmic environmental governance: more problems, less funding, and growing public demands. This paper explains why algorithmic governance will prove pivotal in meeting these challenges, but it also presents four likely obstacles that ...


Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman May 2020

Congressional Committee Resources On Space Policy During The 115th Congress (2017-2018): Providing Context And Insight Into Us Government Space Policy, Bert Chapman

Libraries Faculty and Staff Presentations

Article 1 of the US Constitution assigns the US Congress numerous responsibilities. These include creating new laws, revising existing laws, funding government programs, and conducting oversight of these programs' performance. Oversight of US Government agency space policy programs is executed by various congressional space policy committees including the House and Senate Science Committees, Armed Services, and Appropriations Committees. These committees conduct many public hearings on space policy, which invite expert witnesses to testify on US space policy programs and feature debate on the strengths and weaknesses of these programs. Documentation produced by these committees is widely available to the public ...


Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law May 2020

Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina May 2020

Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina

Centre for AI & Data Governance

As the COVID-19 health pandemic ebbs and flows world-wide, governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have capacity to amass and share personal data for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside times of real and present personal danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission (provided that the technology ...


Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece Apr 2020

Keeping Ai Under Observation: Anticipated Impacts On Physicians' Standard Of Care, Iria Giuffrida, Taylor Treece

Faculty Publications

As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry--in many ways an inherently "risky" business--hospitals and physicians have begun evaluating the impact of Al tools on their professional malpractice risk. This Essay seeks to address that question, zooming in on how AI may affect physicians' standard of care for medical malpractice claims.


Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood Apr 2020

Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood

Independent Study Project (ISP) Collection

The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use ...


Rules As Code - Seven Levels Of Digitisation, Meng Weng (Huang Mingrong) Wong Apr 2020

Rules As Code - Seven Levels Of Digitisation, Meng Weng (Huang Mingrong) Wong

Research Collection School Of Law

A guide intended to accelerate sensemaking in discussions involving Rules as Code.


Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson Apr 2020

Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson

Independent Study Project (ISP) Collection

In roughly the last 50 years, the Ecuadorian Amazon has become the epicenter of petroleum production in Ecuador. As oil companies attempt to exploit more and more of the rainforest, they have encroached on indigenous lands, leading to violations of indigenous rights through environmental destruction. As their territories have been invaded, indigenous groups throughout the Amazon have formed movements large and small in resistance to petroleum activities. Scholars have studied select campaigns in the past, but the literature lacks a comparative review of the characteristics of those movements. This paper compiles histories of seven campaigns against petroleum in the Ecuadorian ...


La Justicia Medioambiental Y La Minería Aurífera: Las Implicaciones De La Deforestación Y La Contaminación De Metales Pesados En Madre De Dios, Perú, Madison Scully Apr 2020

La Justicia Medioambiental Y La Minería Aurífera: Las Implicaciones De La Deforestación Y La Contaminación De Metales Pesados En Madre De Dios, Perú, Madison Scully

Independent Study Project (ISP) Collection

Usando un marco teórico de justicia medioambiental y de colonialidad, este informe describe, analiza e interprete los impactos ecológicos de la minería aurífera en Madre de Dios, una región amazónica del Perú. Específicamente, este informe trata las consecuencias de la deforestación y la contaminación por mercurio causadas por esta industria para la salud y el bienestar de los pueblos indígenas de Madre de Dios. A través de investigación secundaria de la literatura existente y los estudios ya realizados sobre el alcance de la degradación ecológica resultante de la minería aurífera en esta región, este informe examina la manera en que ...


Power And Statistical Significance In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach Feb 2020

Power And Statistical Significance In Securities Fraud Litigation, Jill E. Fisch, Jonah B. Gelbach

Faculty Scholarship at Penn Law

Event studies, a half-century-old approach to measuring the effect of events on stock prices, are now ubiquitous in securities fraud litigation. In determining whether the event study demonstrates a price effect, expert witnesses typically base their conclusion on whether the results are statistically significant at the 95% confidence level, a threshold that is drawn from the academic literature. As a positive matter, this represents a disconnect with legal standards of proof. As a normative matter, it may reduce enforcement of fraud claims because litigation event studies typically involve quite low statistical power even for large-scale frauds.

This paper, written for ...


Scraping Bepress: Downloading Dissertations For Preservation, Stephen Zweibel Feb 2020

Scraping Bepress: Downloading Dissertations For Preservation, Stephen Zweibel

Copyright, Fair Use, Scholarly Communication, etc.

This article will describe our process developing a script to automate downloading of documents and secondary materials from our library’s BePress repository. Our objective was to collect the full archive of dissertations and associated files from our repository into a local disk for potential future applications and to build out a preservation system.

Unlike at some institutions, our students submit directly into BePress, so we did not have a separate repository of the files; and the backup of BePress content that we had access to was not in an ideal format (for example, it included “withdrawn” items and did ...


Data Governance And The Emerging University, Michael J. Madison Jan 2020

Data Governance And The Emerging University, Michael J. Madison

Book Chapters

Knowledge and information governance questions are tractable primarily in institutional terms, rather than in terms of abstractions such as knowledge itself or individual or social interests. This chapter offers the modern research university as an example. Practices of data-intensive research by university-based researchers, sometimes reduced to the popular phrase “Big Data,” pose governance challenges for the university. The chapter situates those challenges in the traditional understanding of the university as an institution for understanding forms and flows of knowledge. At a broad level, the chapter argues that the new salience of data exposes emerging shifts in the social, cultural, and ...


Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai Jan 2020

Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai

Faculty Scholarship at Penn Law

Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to ...


Internet Of Things For Sustainability: Perspectives In Privacy, Cybersecurity, And Future Trends, Abdul Salam Jan 2020

Internet Of Things For Sustainability: Perspectives In Privacy, Cybersecurity, And Future Trends, Abdul Salam

Faculty Publications

In the sustainability IoT, the cybersecurity risks to things, sensors, and monitoring systems are distinct from the conventional networking systems in many aspects. The interaction of sustainability IoT with the physical world phenomena (e.g., weather, climate, water, and oceans) is mostly not found in the modern information technology systems. Accordingly, actuation, the ability of these devices to make changes in real world based on sensing and monitoring, requires special consideration in terms of privacy and security. Moreover, the energy efficiency, safety, power, performance requirements of these device distinguish them from conventional computers systems. In this chapter, the cybersecurity approaches ...


The Ai Author In Litigation, Yvette Joy Liebesman, Julie Cromer Young Jan 2020

The Ai Author In Litigation, Yvette Joy Liebesman, Julie Cromer Young

All Faculty Scholarship

Many scholars have posited whether a computer possessing Artificial Intelligence (AI) could be considered an author as defined per the Copyright Act of 1976. What was once a thought experiment is now becoming reality. To date, scholarship has focused primarily been on whether an AI meets the requirements of authorship from a purely objective legal framework or whether an AI could be an author based on the doctrines of incentives, independent creation, and creativity.

However, a burden inherent in the rights and liabilities of authorship is the ability to be held liable if that author’s expressive work is infringing ...


Remaking Environmental Justice, Clifford Villa Jan 2020

Remaking Environmental Justice, Clifford Villa

Faculty Scholarship

From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha ...