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Full-Text Articles in Law

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

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

Libraries Faculty and Staff Scholarship and Research

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 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, except ...


Blockchains And The Ethical Considerations Of Centralization, Michele Benedetto Neitz Jan 2020

Blockchains And The Ethical Considerations Of Centralization, Michele Benedetto Neitz

Publications

Blockchain technology’s promise is extraordinary—a truly decentralized and immutable ledger that could impact everything from cryptocurrencies and health care to supply chain management and civic voting. But a close examination of both permissioned and permissionless blockchains reveals that blockchain technology is actually moving in the direction of centralization, with small groups of people influencing decisions that affect entire blockchains. This emerging reality has profound ethical ramifications for the governance of blockchains.


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

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

Law Library Newsletters/Blog

No abstract provided.


Beyond Intermediation: A New (Fintech) Model For Securities Holding Infrastructures, Charles W. Mooney Jr. Oct 2019

Beyond Intermediation: A New (Fintech) Model For Securities Holding Infrastructures, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

Publicly traded securities generally are held by investors in securities accounts with intermediaries such as stockbrokers and central securities depositories—intermediated securities. For many investors this is the only practical means of holding and dealing with securities. These intermediated holding systems (IHSs) impose a variety of risks and costs. Investors are exposed to intermediary risk (default or insolvency of an intermediary holding securities) as well as impediments to the exercise of rights such as voting and asserting claims against securities issuers. The nontransparency of IHSs imposes other social costs, such as obstacles to anti-money laundering enforcement. The emergence of FinTech ...


Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh Sep 2019

Cryptocurrencies And Code Before The Courts, Vincent Ooi, Kian Peng Soh

Research Collection School Of Law

In the rapidly developing cyber sphere of e-commerce and Fintech, dominated by cryptocurrencies and code, it is perhaps not uncommon for firms to focus on cutting-edge technological developments, leaving the law behind as an afterthought. However, the case of B2C2 Ltd v Quoine Pte Ltd (“B2C2”) may serve as a timely reminder of the importance of the legal principles supporting e-commerce and Fintech. In the first case of its kind, B2C2 raised several key questions before the Singapore International Commercial Court, seeking clarification on how the established legal concepts of breach of trust, mistake and unjust enrichment might apply in ...


Redefining Leadership In The Age Of The Sdgs: Accelerating And Scaling Up Delivery Through Innovation And Inclusion, Phumzile Mlambo-Ngcuka, Rangita De Silva De Alwis Aug 2019

Redefining Leadership In The Age Of The Sdgs: Accelerating And Scaling Up Delivery Through Innovation And Inclusion, Phumzile Mlambo-Ngcuka, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

In 2015 the United Nations adopted seventeen Sustainable Development Goals (SDGs) to promote prosperity while protecting the environment. Our research examines how the SDGs, considered the grandest vision for sustainable development for the world, can be accelerated by ambitious leaders in the field of innovation. Through careful selection based on the type of industry, scale, impact, and diversity, we study a cohort of bold leaders who are shaping a brave new world. In turn, the urgent charge of the SDGs provides a platform and an innovation lab to incubate new ideas for inclusion and technologies.


Frand And Antitrust, Herbert J. Hovenkamp Aug 2019

Frand And Antitrust, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

This paper considers when a patentee’s violation of a FRAND commitment also violates the antitrust laws. It warns against two extremes. First, is thinking that any violation of a FRAND obligation is an antitrust violation as well. FRAND obligations are contractual, and most breaches of contract do not violate antitrust law. The other extreme is thinking that, because a FRAND violation is a breach of contract, it cannot also be an antitrust violation.

Every antitrust case must consider the market environment in which conduct is to be evaluated. SSOs operated by multiple firms are joint ventures. Antitrust’s role ...


Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran Aug 2019

Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran

Georgetown Law Faculty Publications and Other Works

The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard ...


How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Siew Hui Seah Aug 2019

How To Address The Ai Governance Discussion? What Can We Learn From Singapore’S Ai Strategy?, Nydia Remolina Leon, Siew Hui Seah

Centre for AI & Data Governance

The following speech was based on a research supported by the National ResearchFoundation, Prime Minister’s Office, Singapore under its Emerging Area Research ProjectFunding Initiative, and it was delivered by Yihan Goh, Dean, Professor of Law andDirector of the Centre for Artificial Intelligence and Data Governance at SingaporeManagement University, at a conference on AI and Robot Law organised by KeioUniversity with support from the Research Institute of Science and Technology for Societyof Japan (RISTEX), in Tokyo, Japan the 6th of July, 2019.


Data Regulation With Chinese Characteristics, Henry S. Gao Aug 2019

Data Regulation With Chinese Characteristics, Henry S. Gao

Centre for AI & Data Governance

Data regulation has become a key issue in today’s world. For various reasons, however, it has been challenging to understand data regulations in China, home to the largest e-commerce market in the world. This paper traces the evolution of data and Internet regulation in China, from the early days of the Chinese Internet, to the regulatory turf wars among different agencies, and all the way to the elevation of data and Internet regulation to the level of national security and the rise of a super-agency in charge of the issue in recent years. The paper argues that, the Chinese ...


Diversity As A Trade Secret, Jamillah Bowman Williams Aug 2019

Diversity As A Trade Secret, Jamillah Bowman Williams

Georgetown Law Faculty Publications and Other Works

When we think of trade secrets, we often think of famous examples such as the Coca-Cola formula, Google’s algorithm, or McDonald’s special sauce used on the Big Mac. However, companies have increasingly made the novel argument that diversity data and strategies are protected trade secrets. This may sound like an unusual, even suspicious, legal argument. Many of the industries that dominate the economy in wealth, status, and power continue to struggle with a lack of diversity. Various stakeholders have mobilized to improve access and equity, but there is an information asymmetry that makes this pursuit daunting. When potential ...


Legal Topic Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, How Khang Lim, Ian Ernst Chai Jul 2019

Legal Topic Classification: A Comparative Study Of Text Classifiers On Singapore Supreme Court Judgments, Jerrold Tsin Howe Soh, How Khang Lim, Ian Ernst Chai

Research Collection School Of Law

This paper conducts a comparative study on the performance of various machine learning approaches for classifying judgments into legal areas. Using a novel dataset of 6,227 Singapore Supreme Court judgments, we investigate how state-of-the-art NLP methods compare against traditional statistical models when applied to a legal corpus that comprised few but lengthy documents. All approaches tested, including topic model, word embedding, and language model-based classifiers, performed well with as little as a few hundred judgments. However, more work needs to be done to optimize state-of-the-art methods for the legal domain.


Introduction, Summary, And Some Inferences, Kung-Chung Liu Jul 2019

Introduction, Summary, And Some Inferences, Kung-Chung Liu

Research Collection School Of Law

India and China make a perfect comparison pair in the area of IT industry, with each having its unique strength and potential for cooperation and synergy. Due to heavy involvement of Indian IT firms in software outsourcing arrangement by MNEs, the IP or patent resources are not important. This is especially true when compared with Chinese IT firms, which have much larger patenting volume (compared with other manufacturing sectors). Film industry in India and China has grown despite piracy. In other words, it prospered with little or no copyright protection. More importantly, piracy in China and India did not kill ...


Grants, Nicholson Price Ii May 2019

Grants, Nicholson Price Ii

Articles

Innovation is a primary source of economic growth and is accordingly the target of substantial academic and government attention. Grants are a key tool in the government’s arsenal to promote innovation, but legal academic studies of that arsenal have given them short shrift. Although patents, prizes, and regulator-enforced exclusivity are each the subject of substantial literature, grants are typically addressed briefly, if at all. According to the conventional story, grants may be the only feasible tool to drive basic research, as opposed to applied research, but they are a blunt tool for that task. Three critiques of grants underlie ...


Intersection Of Law, Science, Technology, & The Humanities, Marissa J. Moran, Yu-Wen Chen, Sarah A. Standing Apr 2019

Intersection Of Law, Science, Technology, & The Humanities, Marissa J. Moran, Yu-Wen Chen, Sarah A. Standing

Publications and Research

The challenge of how best to incorporate the wealth of educational/research material currently available through technologies and drawn from the social, cultural, economic, political and legal aspects of our society today has brought together professors from three distinct disciplines and schools at New York City College of Technology, CUNY to research, design, and create innovative new courses and to continually revise content and methodology in existing courses. This dynamic and interdisciplinary approach to learning allows our undergraduate students opportunities to research and apply their knowledge to existing societal issues, in “real-time” to analyze, discuss, and suggest ways to improve ...


Shocking Technology: What Happens When Firms Make Large It Investments?, James Bessen, Cesare Righi Apr 2019

Shocking Technology: What Happens When Firms Make Large It Investments?, James Bessen, Cesare Righi

Faculty Scholarship

Many economists see information technology (IT) as central to understanding trends in productivity, labor’s share of output, and employment, especially as new “artificial intelligence” (AI) technologies emerge. Yet it has been difficult to measure its effects. This paper takes a first look at the economic impacts of large custom software investment by firms—“IT shocks.” Using a novel difference-in-differences methodology, we estimate the productivity of these shocks and the associated effects on revenues and employment and we explore the implications in terms of labor’s share and other variables, including heterogeneous relationships by industry, AI use, and time. In ...


Singapore's Consistent, Agile Support For Innovation And Ip In A Digital Age, Sam Sim, Vincent Ooi Apr 2019

Singapore's Consistent, Agile Support For Innovation And Ip In A Digital Age, Sam Sim, Vincent Ooi

Research Collection School Of Law

Singapore has been agile in refining its support for companies investing in the acquisition, development, enhancement and exploitation of intellectual property rights, which is the key to innovation in the digitalised economy of the future.Sam Sim and Vincent Ooi outline the main tax measures announced in recent budgets.


Digital Market Perfection, Rory Van Loo Mar 2019

Digital Market Perfection, Rory Van Loo

Faculty Scholarship

Google’s, Apple’s, and other companies’ automated assistants are increasingly serving as personal shoppers. These digital intermediaries will save us time by purchasing grocery items, transferring bank accounts, and subscribing to cable. The literature has only begun to hint at the paradigm shift needed to navigate the legal risks and rewards of this coming era of automated commerce. This Article begins to fill that gap first by surveying legal battles related to contract exit, data access, and deception that will determine the extent to which automated assistants are able to help consumers to search and switch, potentially bringing tremendous ...


Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi Feb 2019

Contracts Formed By Software: An Approach From The Law Of Mistake, Vincent Ooi

Centre for AI & Data Governance

A ‘Contracting Problem’ arises when software is used to autonomously enter into contracts without human input. Questions arise as to how and whether there can be an expression of an objective intention to be legally bound. This article considers three leading solutions to the Contracting Problem. The ‘Mere Tools Theory’, which views software as ‘mere tools’ of communication, is too harsh as it binds users to any software malfunction. The Agency Approach, which treats software as Electronic Agents, capable of contracting on behalf of their users, is untenable as it ascribes unrealistic characteristics to software. The article submits that the ...


Automatic Reaction - What Happens To Workers At Firms That Automate?, James Bessen, Martin Goos, Anna Salomons, Wiljan Van Den Berge Feb 2019

Automatic Reaction - What Happens To Workers At Firms That Automate?, James Bessen, Martin Goos, Anna Salomons, Wiljan Van Den Berge

Faculty Scholarship

We provide the first estimate of the impacts of automation on individual workers by combining Dutch micro-data with a direct measure of automation expenditures covering firms in all private non-financial industries over 2000-2016. Using an event study differences-indifferences design, we find that automation at the firm increases the probability of workers separating from their employers and decreases days worked, leading to a 5-year cumulative wage income loss of about 8% of one year’s earnings for incumbent workers. We find little change in wage rates. Further, lost wage earnings are only partially offset by various benefits systems and are disproportionately ...


Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick Jan 2019

Lowering Legal Barriers To Rpki Adoption, Christopher S. Yoo, David A. Wishnick

Faculty Scholarship at Penn Law

Across the Internet, mistaken and malicious routing announcements impose significant costs on users and network operators. To make routing announcements more reliable and secure, Internet coordination bodies have encouraged network operators to adopt the Resource Public Key Infrastructure (“RPKI”) framework. Despite this encouragement, RPKI’s adoption rates are low, especially in North America.

This report presents the results of a year-long investigation into the hypothesis—widespread within the network operator community—that legal issues pose barriers to RPKI adoption and are one cause of the disparities between North America and other regions of the world. On the basis of interviews ...


Artificial Intelligence And Law: An Overview, Harry Surden Jan 2019

Artificial Intelligence And Law: An Overview, Harry Surden

Articles

Much has been written recently about artificial intelligence (AI) and law. But what is AI, and what is its relation to the practice and administration of law? This article addresses those questions by providing a high-level overview of AI and its use within law. The discussion aims to be nuanced but also understandable to those without a technical background. To that end, I first discuss AI generally. I then turn to AI and how it is being used by lawyers in the practice of law, people and companies who are governed by the law, and government officials who administer the ...


The Right To Explanation, Explained, Margot E. Kaminski Jan 2019

The Right To Explanation, Explained, Margot E. Kaminski

Articles

Many have called for algorithmic accountability: laws governing decision-making by complex algorithms, or AI. The EU’s General Data Protection Regulation (GDPR) now establishes exactly this. The recent debate over the right to explanation (a right to information about individual decisions made by algorithms) has obscured the significant algorithmic accountability regime established by the GDPR. The GDPR’s provisions on algorithmic accountability, which include a right to explanation, have the potential to be broader, stronger, and deeper than the preceding requirements of the Data Protection Directive. This Essay clarifies, largely for a U.S. audience, what the GDPR actually requires ...


Inside The Black Box Of Search Algorithms, Susan Nevelow Mart, Joe Breda, Ed Walters, Tito Sierra, Khalid Al-Kofahi Jan 2019

Inside The Black Box Of Search Algorithms, Susan Nevelow Mart, Joe Breda, Ed Walters, Tito Sierra, Khalid Al-Kofahi

Articles

A behind-the-scenes look at the algorithms that rank results in Bloomberg Law, Fastcase, Lexis Advance, and Westlaw.


The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield Jan 2019

The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield

Scholarly Articles

This Article constitutes a lightly edited transcription of Joshua Fairfield's oral remarks at the April 6, 2018 Cleveland State Law Review Symposium on Blockchain Law and Technology.

The author posits that there is a tendency to think that technology will emerge triumphant in resolving physical problems, including banking and transactional recording; that there is sort of a "tech-bro utopianism," epitomized by Mark Zuckerberg, suggesting that what we need is a technological, not a human, solution. He states that one major problem is that social technologists, psychologists, historians, linguists, and cultural anthropologists are not on the development teams that are ...


Lessons From Literal Crashes For Code, Margot Kaminski Jan 2019

Lessons From Literal Crashes For Code, Margot Kaminski

Articles

No abstract provided.


Recording As Heckling, Scott Skinner-Thompson Jan 2019

Recording As Heckling, Scott Skinner-Thompson

Articles

A growing body of authority recognizes that citizen recording of police officers and public space is protected by the First Amendment. But the judicial and scholarly momentum behind the emerging “right to record” fails to fully incorporate recording’s cost to another important right that also furthers First Amendment principles: the right to privacy.

This Article helps fill that gap by comprehensively analyzing the First Amendment interests of both the right to record and the right to privacy in public while highlighting the role of technology in altering the First Amendment landscape. Recording information can be critical to future speech ...


The Role Of Satellites And Smart Devices: Data Surprises And Security, Privacy, And Regulatory Challenges, Anne T. Mckenna, Amy C. Gaudion, Jenni L. Evans Jan 2019

The Role Of Satellites And Smart Devices: Data Surprises And Security, Privacy, And Regulatory Challenges, Anne T. Mckenna, Amy C. Gaudion, Jenni L. Evans

Faculty Scholarly Works

Strava, a popular social media platform and mobile app like Facebook but specifically designed for athletes, posts a “heatmap” with consensually-obtained details about users’ workouts and geolocation. Strava’s heatmap depicts aggregated data of user location and movement by synthesizing GPS satellite data points and movement data from users’ smart devices together with satellite imagery. In January of 2018, a 20-year-old student tweeted that Strava’s heatmap revealed U.S. forward operating bases. The tweet revealed a significant national security issue and flagged substantial privacy and civil liberty concerns.

Smart devices, software applications, and social media platforms aggregate consumer data ...


Ask A Director: Tackling Technology Competencies, Kincaid C. Brown Jan 2019

Ask A Director: Tackling Technology Competencies, Kincaid C. Brown

Law Librarian Scholarship

Question: What technology competencies do librarians and legal information professionals need to assist their organizations as they grapple with issues such as data analytics, artificial intelligence, etc.?


5g And Net Neutrality, Christopher S. Yoo, Jesse Lambert Jan 2019

5g And Net Neutrality, Christopher S. Yoo, Jesse Lambert

Faculty Scholarship at Penn Law

Industry observers have raised the possibility that European network neutrality regulations may obstruct the deployment of 5G. To assess those claims, this Chapter describes the key technologies likely to be incorporated into 5G, including millimeter wave band radios, massive multiple input/multiple output (MIMO), ultra-densification, multiple radio access technologies (multi-RAT), and support for device-to-device (D2D) and machine-to-machine (M2M) connectivity. It then reviews the business models likely to be associated with 5G, including network management through biasing and blanking, an emphasis on business-to-business (B2B) communications, and network function virtualization/network slicing. It then lays out the network neutrality regulations created by ...