European Law Commons^™

The Law Of Ai, Margot Kaminski

Publications

No abstract provided.

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

Publications

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 for …

The Right To Contest Ai, Margot E. Kaminski, Jennifer M. Urban

Publications

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability.

In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for …

A Recent Renaissance In Privacy Law, Margot Kaminski

Publications

Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.

The Right To Explanation, Explained, Margot E. Kaminski

Publications

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, incorporating recently released …

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

Publications

No abstract provided.

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

Publications

No abstract provided.

The American "Adversary System"?, William T. Pizzi

Publications

No abstract provided.

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

Publications

No abstract provided.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

Publications

No abstract provided.

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

Publications

No abstract provided.

Wetlands Protection: The 404 Program, Patrick A. Parenteau

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

13 pages.

Includes unsigned annotations by David Getches.

The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

56 pages.

Includes unsigned annotations by David Getches.

The Homestake Project & Water Quality Issues, Tad Foster

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

5 pages (includes 1 map).

Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

43 pages.

Reconciling Large-Scale Water Development And Water Quality Effects, James S. Sanderson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

6 pages.

Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

14 pages (includes 1 map).

Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains references.

Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

21 pages.

Contains references.

Instream Flow Protection In The Western States: A Survey And Comparison, Brian E. Gray

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

32 pages.

Contains references.

Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

22 pages.

Contains 2 pages of references.

Federal Regulatory Rights In Water, Lawrence J. Macdonnell

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

29 pages.

Contains 1 page of references.

New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

25 pages.

Contains footnotes and 2 pages of references.

Converting Conditional Water Rights To Instream Flow Protection: A Property Transfer Strategy, David L. Harrison

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

64 pages.

Contains references.

State Water Planning To Protect Public Needs, David H. Getches

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

44 pages.

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

15 pages.

Water As A Public Resource: The Legal Basis, Charles F. Wilkinson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains 2 pages of references.

Includes unsigned annotations by David Getches.

In Defense Of Private Rights In Water, Charles J. Meyers

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

4 pages.

Includes unsigned annotations by David Getches.

Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

50 pages.