Table Of Contents, 2021 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Beyond Algorithms: Toward A Normative Theory Of Automated Regulation, 2021 Texas A&M University School of Law
Beyond Algorithms: Toward A Normative Theory Of Automated Regulation, Felix Mormann
Faculty Scholarship
The proliferation of artificial intelligence in our daily lives has spawned a burgeoning literature on the dawn of dehumanized, algorithmic governance. Remarkably, the scholarly discourse overwhelmingly fails to acknowledge that automated, non-human governance has long been a reality. For more than a century, policymakers have relied on regulations that automatically adjust to changing circumstances, without the need for human intervention. This article surveys the track record of self-adjusting governance mechanisms to propose a normative theory of automated regulation.
Effective policymaking frequently requires anticipation of future developments, from technology innovation to geopolitical change. Self-adjusting regulation offers an insurance policy against the …
The Law Of Ai, 2021 University of Colorado Law School
“Computer Says No!”: The Impact Of Automation On The Discretionary Power Of Public Officers, 2021 Vanderbilt University Law School
“Computer Says No!”: The Impact Of Automation On The Discretionary Power Of Public Officers, Doa A. Elyounes
Vanderbilt Journal of Entertainment & Technology Law
The goal of this Article is to unpack the “human in the loop” requirement in the process of automation. It will analyze the impact of automation on street-level bureaucrats and lay out the steps policy makers need to take into account to ensure that meaningful human discretion is maintained. This issue is examined by comparing two algorithms related to the use of automation to detect and investigate fraud in welfare benefits. The first algorithm is used by Michigan’s Unemployment Insurance Agency for detecting and investigating unemployment fraud. This is a draconian algorithm with the ability to automatically decide to cut …
Bertillonage In An Age Of Surveillance: Fourth Amendment Regulation Of Facial Recognition Technologies, 2021 University of Maryland School of Law
Bertillonage In An Age Of Surveillance: Fourth Amendment Regulation Of Facial Recognition Technologies, David C. Gray
SMU Science and Technology Law Review
The Fourth Amendment is a closed hydraulic system. As a general rule, if government conduct is deemed a “search” under the Fourth Amendment, then agents must secure a warrant from a detached and neutral magistrate before engaging in that conduct. There are exceptions, of course, but they just shift the pressure into another valve. Officers who conduct searches based on their own initiative must show not only probable cause, but also good reasons why, in their circumstances, they were not required to get a warrant.
One consequence of these Fourth Amendment hydraulics is a reluctance on the part of the …
Q: Can Booking.Com Be Trademarked? A: Booking.Yeah, 2021 Southern Methodist University, Dedman School of Law
Q: Can Booking.Com Be Trademarked? A: Booking.Yeah, Samantha Favela
SMU Science and Technology Law Review
By choosing a generic Internet domain as a brand name, that brand can hit the Internet jackpot. But the popularity and use of a generic domain name creates tension with trademark law. While companies want to be easily found on the Internet, they also want to protect themselves from competitors. This Case Note argues that the Supreme Court’s ruling in United States Patent & Trademark Office v. Booking.com B.V. is the best possible outcome in protecting brand’s rights and balancing trademark law principles. Through the analysis of past cases, the Supreme Court decision in Booking.com itself, and trademark law principles, …
The Fifth Circuit, Fourth Amendment, And The Third-Party Doctrine: Two Takeaways From The Court’S First Ruling On Bitcoin Privacy, 2021 Southern Methodist University, Dedman School of Law
The Fifth Circuit, Fourth Amendment, And The Third-Party Doctrine: Two Takeaways From The Court’S First Ruling On Bitcoin Privacy, Daniel Penn
SMU Science and Technology Law Review
No abstract provided.
Signed, Sealed, Patented?: A Look At The United States Postal Service’S Patent Application For Implementing Blockchain Technology In Mobile Voting Systems, 2021 Southern Methodist University, Dedman School of Law
Signed, Sealed, Patented?: A Look At The United States Postal Service’S Patent Application For Implementing Blockchain Technology In Mobile Voting Systems, Ethan Todd
SMU Science and Technology Law Review
No abstract provided.
Front Matter, 2021 Southern Methodist University
Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, 2021 West Virginia University College of Law
Copyright, Pandemics, And Emergencies: When Desperate Times Dictate Contextual Responses, Caroline L. Osborne
SMU Science and Technology Law Review
This article explores fair use, the library exception, the first sale doctrine, and controlled digital lending as responses to copyright in the context of permitting libraries to digitize materials existing exclusively in print in their collection for use in teaching, research, and scholarship by students, faculty, and other patrons. Also included is a decision matrix to be employed as a tool for analysis in making the decisions as to digitization of print resources in response to instances of emergencies.
Abolishing The Communications Decency Act Might Sanitize “Politically Biased,” “Digitally Polluted” And “Dangerously Toxic” Social Media? ― Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions, 2021 Saint Mary's University School of Law
Abolishing The Communications Decency Act Might Sanitize “Politically Biased,” “Digitally Polluted” And “Dangerously Toxic” Social Media? ― Judicial And Statistical Guidance From Federal-Preemption, Safe-Harbor And Rights-Preservation Decisions, Willy E. Rice
SMU Science and Technology Law Review
Sitting and former U.S. Presidents as well as members of the general public, financial, political and educational institutions use social media. Yet, an overwhelming majority of users, content creators, parents, “conservatives,” “progressives,” Democrats and Republicans distrust social-media owners. Some critics allege that owners “digitally pollute” platforms by encouraging users to post “corrosive, dangerous, toxic and illegal content.” Other critics assert that service providers’ purportedly objective content-moderation algorithms are biased ― discriminating irrationally on the basis of users’ political association, ideology, socioeconomic status, gender and ethnicity. Republicans and Democrats have crafted roughly twenty bills. In theory, the enacted proposals would “sanitize” …
Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, 2021 Marquette University Law School
Access Denied? Unauthorized Access After Hiq Labs V. Linkedin, Dalton Sjong
Marquette Intellectual Property & Innovation Law Review
None
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, 2021 Touro Law Center
Fixing What’S Broken: The Outdated Guidelines Of The Sca And Its Application To Modern Information Platforms, Lutfi Barakat
Touro Law Review
In 1986, Congress enacted the Electronic Communications Privacy Act (ECPA) to afford privacy protections to electronic communications and it has not changed since its inception. The ECPA has proven problematic as technology has advanced, but Congress has not modified the law to reflect this change. Courts have struggled to apply the law to both old technologies that have been updated and new technologies that have emerged. The ECPA needs to be revised to reflect the new advances in technology or be repealed and replaced with a new approach. This will ensure that consumer data will be safeguarded while in the …
Uncovering The “Realness” Of Cgi Influencers, 2021 Southern Methodist University, Dedman School of Law
Uncovering The “Realness” Of Cgi Influencers, Samantha Favela
SMU Science and Technology Law Review
No abstract provided.
The Communitarian Deficit In The Usa: Three Telling Cases, 2021 The George Washington University
The Communitarian Deficit In The Usa: Three Telling Cases, Amitai Etzioni
SMU Science and Technology Law Review
Liberal communitarianism suggests that the balance between individual rights and the common good must be adjusted as historical conditions change. Much attention has been paid to violations of rights, e.g., by the police, for good reasons. This Article examines three new technologies that undermine public safety, a key common good, and asks whether they should be banned. The 2020 pandemic revealed that scores of millions of Americans objected, not merely to government mandates to take measures that are likely to spare fellow Americans a severe disease or death, but even to respond to moral calls, especially wearing a mask. This …
Covid-19: Legal Framework For Vaccine Distributions And Mandates, 2021 Southern Methodist University, Dedman School of Law
Covid-19: Legal Framework For Vaccine Distributions And Mandates, Dana B. Taschner, Ashley Atwood
SMU Science and Technology Law Review
The COVID-19 pandemic has created heightened turmoil for at-risk populations, solidified laws allowing the use of mask mandates, raised legal issues surrounding vaccine mandates, and presented the new issue of a vaccine passport. As a nation, we have failed to implement vaccination schemes that properly protect vulnerable populations. Specifically, the homeless population has been overlooked, creating an additional layer of hardship, and contributing to greater community spread. This article contemplates the various methods by which an equitable vaccination scheme could have been achieved and the division of powers that created complications.
Additionally, the legality of vaccine mandates is discussed, and …
The Art Of Dodging Bullets: How Covid-19 Drug Manufacturers And Providers Plan To Escape Tort Liability, 2021 Southern Methodist University, Dedman School of Law
The Art Of Dodging Bullets: How Covid-19 Drug Manufacturers And Providers Plan To Escape Tort Liability, Ruan Meintjes
SMU Science and Technology Law Review
No abstract provided.
Trump’S Twitter Tension: Is Social Media A Modern Restriction On Government Employees?, 2021 Southern Methodist University, Dedman School of Law
Trump’S Twitter Tension: Is Social Media A Modern Restriction On Government Employees?, Caylee Phillips
SMU Science and Technology Law Review
No abstract provided.
Book Review, 2021 University of Colorado Law School
Models, Race, And The Law, 2021 Tufts University
Models, Race, And The Law, Moon Duchin, Douglas M. Spencer
Publications
Capitalizing on recent advances in algorithmic sampling, The Race-Blind Future of Voting Rights explores the implications of the long-standing conservative dream of certified race neutrality in redistricting. Computers seem promising because they are excellent at not taking race into account—but computers only do what you tell them to do, and the rest of the authors’ apparatus for measuring minority electoral opportunity failed every check of robustness and numerical stability that we applied. How many opportunity districts are there in the current Texas state House plan? Their methods can give any answer from thirty-four to fifty-one, depending on invisible settings. But …