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Articles 1 - 17 of 17

Full-Text Articles in Law

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck Dec 2018

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome ...


Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan Oct 2018

Universities: The Fallen Angels Of Bayh-Dole?, Rebecca S. Eisenberg, Robert Cook-Deegan

Articles

The Bayh-Dole Act of 1980 established a new default rule that allowed nonprofit organizations and small businesses to own, as a routine matter, patents on inventions resulting from research sponsored by the federal government. Although universities helped get the Bayh-Dole Act through Congress, the primary goal, as reflected in the recitals at the beginning of the new statute, was not to benefit universities but to promote the commercial development and utilization of federally funded inventions. In the years since the passage of the Bayh-Dole Act, universities seem to have lost sight of this distinction. Their behavior as patent seekers, patent ...


Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott Jul 2018

Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott

Articles

More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil ...


The Future Of Law And Mobility, Daniel A. Crane Jun 2018

The Future Of Law And Mobility, Daniel A. Crane

Articles

With the launch of the new Journal of Law and Mobility, the University of Michigan is recognizing the transformative impact of new transportation and mobility technologies, from cars, to trucks, to pedestrians, to drones. The coming transition towards intelligent, automated, and connected mobility systems will transform not only the way people and goods move about, but also the way human safety, privacy, and security are protected, cities are organized, machines and people are connected, and the public and private spheres are defined.


That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak Jan 2018

That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak

Articles

Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).

To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact ...


The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley Jan 2018

The Disruptive Neuroscience Of Judicial Choice, Anna Spain Bradley

Articles

Scholars of judicial behavior overwhelmingly substantiate the historical presumption that most judges act impartially and independent most of the time. The reality of human behavior, however, says otherwise. Drawing upon untapped evidence from neuroscience, this Article provides a comprehensive evaluation of how bias, emotion, and empathy—all central to human decision-making—are inevitable in judicial choice. The Article offers three novel neuroscientific insights that explain why this inevitability is so. First, because human cognition associated with decision-making involves multiple, and often intersecting, neural regions and circuits, logic and reason are not separate from bias and emotion in the brain. Second ...


Results May Vary, Susan Nevelow Mart Jan 2018

Results May Vary, Susan Nevelow Mart

Articles

No abstract provided.


The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski Jan 2018

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Articles

No abstract provided.


Assessing Access-To-Justice Outreach Strategies, J. J. Prescott Jan 2018

Assessing Access-To-Justice Outreach Strategies, J. J. Prescott

Articles

The need for prospective beneficiaries to “take up” new programs is a common stumbling block for otherwise well-designed legal and policy innovations. I examine the take-up problem in the context of publicly provided court services and test the effectiveness of various outreach strategies that announce a newly available online court access platform. I study individuals with minor arrest warrants whose distrust of courts may dampen any take-up response. I partnered with a court to quasi-randomly assign outreach approaches to a cohort of individuals and find that outreach improves take-up, that the type of outreach matters, and that online platform access ...


Scientific Trials--In The Laboratories, Not The Courts, Nicholas Bagley, Aaron E. Carroll, Pieter A. Cohen Jan 2018

Scientific Trials--In The Laboratories, Not The Courts, Nicholas Bagley, Aaron E. Carroll, Pieter A. Cohen

Articles

In 2015, one of us published a peer-reviewed study, together with colleagues at the University of California, San Francisco, replicating prior research from the US Food and Drug Administration (FDA) detecting a designer stimulant, β-methylphenylethylamine, in sports, weight loss, and “cognitive function” supplements sold in the United States. The confirmatory study prompted the FDA to take enforcement action against companies selling the stimulant as a dietary ingredient. One of the companies that received an FDA warning letter sued the study’s authors for $200 million in damages for libel, claiming, without supporting scientific evidence, that multiple statements in the article ...


Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang Jan 2018

Boost: Improving Mindfulness, Thinking, And Diversity, Peter H. Huang

Articles

Many important decisions can be difficult; require focused, cognitive attention; produce delayed, noisy feedback; benefit from careful and clear thinking; and quite often trigger anxiety, stress, and other strong, negative emotions. Much empirical, experimental, and field research finds that we often make decisions leading to outcomes we judge as suboptimal. These studies have contributed to the popularity of the idea of nudging people to achieve better outcomes by changing how choices and information are framed and presented (also known as choice architecture and information architecture). Although choice architecture and information architecture can nudge people into better outcomes, choice architecture and ...


(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton Jan 2018

(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton

Articles

Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of delivery ...


Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart Jan 2018

Understanding The Human Element In Search Algorithms And Discovering How It Affects Search Results, Susan Nevelow Mart

Articles

When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s ...


Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon Jan 2018

Bloomberg’S Points Of Law: Can They Compete With Headnotes?, Jill Sturgeon

Articles

No abstract provided.


Technological Rights Accretion, Kristelia A. García Jan 2018

Technological Rights Accretion, Kristelia A. García

Articles

No abstract provided.


Robotic Speakers And Human Listeners, Helen Norton Jan 2018

Robotic Speakers And Human Listeners, Helen Norton

Articles

In their new book, Robotica, Ron Collins and David Skover assert that we protect speech not so much because of its value to speakers but instead because of its affirmative value to listeners. If we assume that the First Amendment is largely, if not entirely, about serving listeners’ interests—in other words, that it’s listeners all the way down—what would a listener-centered approach to robotic speech require? This short symposium essay briefly discusses the complicated and sometimes even dark side of robotic speech from a listener-centered perspective.


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?