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Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte 2019 Alexander Blewett III School of Law at the University of Montana

Preview—County Of Maui, Hawaii V. Hawaii Wildlife Fund: Clean Water Act Regulation Of Point Source Pollution Conveyed Through Groundwater, Connlan W. Whyte

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Wednesday, November 6, 2019, at 10:00 a.m. at the Supreme Court Building in Washington, D.C. Elbert Lin will likely appear for the Petitioner. David Lane Henkin will likely appear for the Respondents. Solicitor General, Noel J. Francisco, will argue on behalf of the United States.


Wildearth Guardians V. Zinke, Emily M. McCulloch 2019 Alexander Blewett III School of Law at the University of Montana

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.


Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed 2019 lexander Blewett III School of Law at the University of Montana

Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed

Public Land & Resources Law Review

In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.


Fourth Amendment Textualism, Jeffrey Bellin 2019 William & Mary Law School

Fourth Amendment Textualism, Jeffrey Bellin

Michigan Law Review

The Fourth Amendment’s prohibition of “unreasonable searches” is one of the most storied constitutional commands. Yet after decades of Supreme Court jurisprudence, a coherent definition of the term “search” remains surprisingly elusive. Even the justices know they have a problem. Recent opinions only halfheartedly apply the controlling “reasonable expectation of privacy” test and its wildly unpopular cousin, “third-party doctrine,” with a few justices in open revolt.

These fissures hint at the Court’s openness to a new approach. Unfortunately, no viable alternatives appear on the horizon. The justices themselves offer little in the way of a replacement. And scholars ...


Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg 2019 New York University School of Law

Cda 230 For A Smart Internet, Madeline Byrd, Katherine J. Strandburg

Fordham Law Review

This Article analyzes CDA 230 liability in light of the evolution of smart services employing data-driven personalized models of user behavior. As an illustrative case study, we discuss discrimination claims against Facebook’s ad-targeting platform, relying on recent empirical studies5 and litigation documents for factual background.


Urbanism Under Google: Lessons From Sidewalk Toronto, Ellen P. Goodman, Julia Powles 2019 Rutgers Law School

Urbanism Under Google: Lessons From Sidewalk Toronto, Ellen P. Goodman, Julia Powles

Fordham Law Review

Cities around the world are rapidly adopting digital technologies, data analytics, and the trappings of “smart” infrastructure. These innovations are touted as solutions to help rationalize services and address rising urban challenges, whether in housing, transit, energy, law enforcement, health care, waste management, or population flow. Promises of urban innovation unite cities’ need for help with technology firms’ need for markets and are rarely subject to evidentiary burdens about projected benefits (let alone costs). For the city, being smart is about functioning better and attracting tech plaudits. For the technology company, the smart city is a way to capture the ...


Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman 2019 Tulane University Law School

Artificial Intelligence, Machine Learning, And Bias In Finance: Toward Responsible Innovation, Kristin Johnson, Frank Pasquale, Jennifer Chapman

Fordham Law Review

According to some futurists, financial markets’ automation will substitute increasingly sophisticated, objective, analytical, model-based assessments of, for example, a borrower’s creditworthiness for direct human evaluations irrevocably tainted by bias and subject to the cognitive limits of the human brain. However, even if they do occur, such advances may violate other legal principles.


Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida 2019 William & Mary Law School

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Fordham Law Review

The creation and commercialization of these systems raise the question of how liability risks will play out in real life. However, as technical advancements have outpaced legal actions, it is unclear how the law will treat AI systems. This Article briefly addresses the legal ramifications and liability risks associated with reliance on—or delegation to—AI systems, and it sketches a framework suggesting how we can address the question of whether AI merits a new approach to deal with the liability challenges it raises when humans remain “in” or “on” the loop.


Artificial Intelligence, Finance, And The Law, Tom C.W. Lin 2019 Temple University Beasley School of Law

Artificial Intelligence, Finance, And The Law, Tom C.W. Lin

Fordham Law Review

Artificial intelligence is an existential component of modern finance. The progress and promise realized and presented by artificial intelligence in finance has been thus far remarkable. It has made finance cheaper, faster, larger, more accessible, more profitable, and more efficient in many ways. Yet for all the significant progress and promise made possible by financial artificial intelligence, it also presents serious risks and limitations. This Article offers a study of those risks and limitations—the ways artificial intelligence and misunderstandings of it can harm and hinder law, finance, and society. It provides a broad examination of inherent and structural risks ...


Artificial Intelligence In Pharmaceuticals, Biologics, And Medical Devices: Present And Future Regulatory Models, David W. Opderbeck 2019 Seton Hall University Law School

Artificial Intelligence In Pharmaceuticals, Biologics, And Medical Devices: Present And Future Regulatory Models, David W. Opderbeck

Fordham Law Review

Artificial intelligence (AI) and AI-assisted technologies are set to transform the pharmaceutical, biologic, and medical device industries. AI is accelerating a convergence in the pharmaceutical and medical device industries and, in the health-care industry more broadly, is similar to the convergence of the media, entertainment, and communications industries.


Robot, Inc.: Personhood For Autonomous Systems?, Gerhard Wagner 2019 Humboldt University in Berlin, Germany

Robot, Inc.: Personhood For Autonomous Systems?, Gerhard Wagner

Fordham Law Review

Since the invention of the steam engine, technological progress has served as a driver of innovation for liability systems. Pertinent examples include the arrival of the railway and the introduction of motor-powered vehicles. Today, the digital revolution challenges established legal axioms more fundamentally than technological innovations from earlier times. The development of robots and other digital agents operating with the help of artificial intelligence will transform many, if not all, product markets. It will also blur the distinction between goods and services and call into question the existing allocation of responsibility between manufacturers and suppliers on one side and owners ...


Power, Process, And Automated Decision-Making, Ari Ezra Waldman 2019 Innovation Center for Law and Technology

Power, Process, And Automated Decision-Making, Ari Ezra Waldman

Fordham Law Review

Automated decision-making systems based on “big data”–powered algorithms and machine learning are just as prone to mistakes, biases, and arbitrariness as their human counterparts. The result is a technologically driven decision-making process that seems to defy interrogation, analysis, and accountability and, therefore, undermines due process.


Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson 2019 Alexander Blewett III School of Law at the University of Montana

Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson

Public Land & Resources Law Review

The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.


Collect Call For Clarification: How Carpenter Has (And Has Not) Changed Modern Fourth Amendment Jurisprudence, Samuel D. Thomas 2019 Boston College Law School

Collect Call For Clarification: How Carpenter Has (And Has Not) Changed Modern Fourth Amendment Jurisprudence, Samuel D. Thomas

Boston College Law Review

Since the 1800s, the United States Supreme Court has struggled to define the limits of the Fourth Amendment and adapt the scope of its protection to advances in technology. The new ways we use technology to interact, and the role such technology plays in society, create unique questions that judicial precedent based on old technology has trouble answering. Most recently, cell phones and mobile applications have changed the way millions of Americans communicate with each other, and access and store information. For years the government accessed this shared information through subpoenas without triggering the Fourth Amendment’s protection from unwarranted ...


Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne 2019 Pepperdine University

Copyrighting Experiences: How Copyright Law Applies To Virtual Reality Programs, Alexis Dunne

The Journal of Business, Entrepreneurship & the Law

This note will attempt to shed light on the question of what kind of protection copyright law affords VR experiences. Part II discusses the nature of VR experiences and their implementation through specifically tailored VR technology. Part III provides an overview of copyright protection, its limitations, and specifically the history of the copyrightability of computer programs. Parts IV and V outline case law relevant to the discussion of the copyrightability of different types of VR experiences and how that case law similarly or dissimilarly apply to the protection of VR experiences. Part IV focuses on protecting VR experiences as a ...


Beyond Intermediation: A New (Fintech) Model For Securities Holding Infrastructures, Charles W. Mooney Jr. 2019 University of Pennsylvania Law School

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 ...


Using A Human Rights Framework For Regulating The Internet Of Things: The Critical Role Of Human Rights Advocacy, Adam Todd 2019 University of Dayton

Using A Human Rights Framework For Regulating The Internet Of Things: The Critical Role Of Human Rights Advocacy, Adam Todd

Conference: The Social Practice of Human Rights

The Internet of Things (IoT) refers to the billions of technical devices around the globe that connect to and communicate through the Internet. These devices collect, store and share vast amounts of valuable data. With the advent of 5G (fifth generation cellular network technology), IoT is expected to grow even more dramatically over the coming decade and likely to change our lives in ways we have yet to imagine.

IoT holds the promise of advancing human rights by facilitating the technology that can lead to a healthier, cleaner, and more sustainable environment, and greater access to education, better healthcare, capital ...


Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak 2019 Benjamin N. Cardozo School of Law

Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak

Conference: The Social Practice of Human Rights

Lawmakers, technology companies, and the general public are increasingly concerned about the prevalence of “deep fake” videos. Often shared on social media platforms, these digitally altered videos are made possible with recent advances in machine learning and artificial intelligence.

Although altered and faked media content is not necessarily a new issue, images and videos can now be altered quickly, cheaply, and more convincingly than ever before. An underlying concern is that platforms will be overwhelmed with believable deep fakes, leaving Internet users struggling to discern fact from fiction. Yet a future in which no one call tell what is real ...


Berkheimer V. Hp Inc., 881 F.3d 1360 (Fed. Cir. 2018), Chelsea Murray 2019 DePaul University College of Law

Berkheimer V. Hp Inc., 881 F.3d 1360 (Fed. Cir. 2018), Chelsea Murray

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King 2019 DePaul University College of Law

Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


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