Indigenous Law At The Supreme Court Of Canada, 2019 University of Montana
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Board Of Editors, 2019 University of Montana
Table Of Contents, 2019 University of Montana
Letter To The Reader, 2019 University of Montana
Constitutional Protections Of Property Interests In Western Water, 2019 Lewis and Clark Law School
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
Liability Design For Autonomous Vehicles And Human-Driven Vehicles: A Hierarchical Game-Theoretic Approach, 2019 Columbia University
Liability Design For Autonomous Vehicles And Human-Driven Vehicles: A Hierarchical Game-Theoretic Approach, Xuan Di, Xu Chen, Eric L. Talley
Faculty Scholarship
Autonomous vehicles (AVs) are inevitably entering our lives with potential benefits for improved traffic safety, mobility, and accessibility. However, AVs’ benefits also introduce a serious potential challenge, in the form of complex interactions with human-driven vehicles (HVs). The emergence of AVs introduces uncertainty in the behavior of human actors and in the impact of the AV manufacturer on autonomous driving design. This paper thus aims to investigate how AVs affect road safety and to design socially optimal liability rules in comparative negligence for AVs and human drivers. A unified game is developed, including a Nash game between human drivers, a …
Privacy And Security Across Borders, 2019 American University Washington College of Law
Privacy And Security Across Borders, Jennifer Daskal
Articles in Law Reviews & Other Academic Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …
Uncovering Juror Racial Bias, 2019 University of Pittsburgh School of Law
Uncovering Juror Racial Bias, Christian Sundquist
Articles
The presence of bias in the courtroom has the potential to undermine public faith in the adversarial process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court held for the first time that the Sixth and Fourteenth Amendments required post-verdict judicial inquiry in criminal cases where racial bias clearly served as a “significant motivating factor” in juror decision-making. Courts will nonetheless likely struggle in interpreting what constitutes a "clear statement of racial bias" and whether such bias constituted a "significant motivating factor" in a juror's verdict. This Article will examine how …
Inside The Black Box Of Search Algorithms, 2019 University of Colorado Law School
Inside The Black Box Of Search Algorithms, Susan Nevelow Mart, Joe Breda, Ed Walters, Tito Sierra, Khalid Al-Kofahi
Publications
A behind-the-scenes look at the algorithms that rank results in Bloomberg Law, Fastcase, Lexis Advance, and Westlaw.
The Right To Explanation, Explained, 2019 University of Colorado Law School
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 …
Collaborative Approaches To Blockchain Regulation: The Brooklyn Project Example, 2019 ConsenSys
Collaborative Approaches To Blockchain Regulation: The Brooklyn Project Example, Patrick Berarducci
Cleveland State Law Review
Today, I am going to discuss, at a high level, blockchain technology—what it is, what are its unique features that could revolutionize markets and economies, and how it could impact law and regulation. That is a lot to cover—far too much in the time allotted. So I will keep things at a very high level and hopefully pique some interest in everyone to dig deeper on their own.
The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, 2019 Washington and Lee University School of Law
The Human Element: The Under-Theorized And Underutilized Component Vital To Fostering Blockchain Development, Joshua A.T. Fairfield
Cleveland State Law Review
Blockchain is about one-third math and two-thirds game theory. The math runs on silicon processors. The game theory runs on grey matter. Earlier in this symposium, the last panel essentially asked, "What's different about blockchain and its relationship to humans?" That will be our focus: What is the right relationship between technology and the community that builds it? And, why would we care?
Conceptualizing The Regulation Of Virtual Currencies And Providers: Friction Points In State And Federal Approaches To Regulating Providers Of Payments Execution And Custody Services And Products In The United States, 2019 Maurer School of Law, Indiana University
Conceptualizing The Regulation Of Virtual Currencies And Providers: Friction Points In State And Federal Approaches To Regulating Providers Of Payments Execution And Custody Services And Products In The United States, Sarah J. Hughes
Cleveland State Law Review
This essay evaluates the state of regulation by the United States government and State legislatures of participants in emerging virtual-currency businesses. It points to friction points as both the federal government and the States experiment with their own regulatory authority over virtual-currency businesses and provides a taxonomy of differing approaches to regulating such businesses. The essay takes the position that the States need to act in the near term if they wish to maintain their longstanding role as regulators of non-depository providers of financial products and services—or they risk being preempted by Congress or federal regulatory actions. This essay also …
Should Robots Prosecute And Defend?, 2019 University of Oklahoma College of Law
Should Robots Prosecute And Defend?, Stephen E. Henderson
Oklahoma Law Review
No abstract provided.
Ai/Esq.: Impacts Of Artificial Intelligence In Lawyer-Client Relationships, 2019 University of Oklahoma College of Law
Ai/Esq.: Impacts Of Artificial Intelligence In Lawyer-Client Relationships, Chris Chambers Goodman
Oklahoma Law Review
No abstract provided.
Creating A National Data Privacy Law For The United States, 2019 Mitchell Hamline School of Law
Creating A National Data Privacy Law For The United States, Shaun G. Jamison
Cybaris®
No abstract provided.
5g And Net Neutrality, 2019 University of Pennsylvania Carey Law School
5g And Net Neutrality, Christopher S. Yoo, Jesse Lambert
All Faculty Scholarship
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 the EU …
Transparency And Algorithmic Governance, 2019 University of Pennsylvania Carey Law School
Transparency And Algorithmic Governance, Cary Coglianese, David Lehr
All Faculty Scholarship
Machine-learning algorithms are improving and automating important functions in medicine, transportation, and business. Government officials have also started to take notice of the accuracy and speed that such algorithms provide, increasingly relying on them to aid with consequential public-sector functions, including tax administration, regulatory oversight, and benefits administration. Despite machine-learning algorithms’ superior predictive power over conventional analytic tools, algorithmic forecasts are difficult to understand and explain. Machine learning’s “black-box” nature has thus raised concern: Can algorithmic governance be squared with legal principles of governmental transparency? We analyze this question and conclude that machine-learning algorithms’ relative inscrutability does not pose a …
When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, 2019 University of Miami School of Law
When Ais Outperform Doctors: Confronting The Challenges Of A Tort-Induced Over-Reliance On Machine Learning, A. Michael Froomkin, Ian Kerr, Joelle Pineau
Articles
Someday, perhaps soon, diagnostics generated by machine learning (ML) will have demonstrably better success rates than those generated by human doctors. What will the dominance of ML diagnostics mean for medical malpractice law, for the future of medical service provision, for the demand for certain kinds of doctors, and in the long run for the quality of medical diagnostics itself?
This Article argues that once ML diagnosticians, such as those based on neural networks, are shown to be superior, existing medical malpractice law will require superior ML-generated medical diagnostics as the standard of care in clinical settings. Further, unless implemented …
Everything Old Is New Again: Does The '.Sucks' Gtld Change The Regulatory Paradigm In North America?, 2019 University of Pittsburgh School of Law
Everything Old Is New Again: Does The '.Sucks' Gtld Change The Regulatory Paradigm In North America?, Jacqueline D. Lipton
Articles
In 2012, the Internet Corporation for Assigned Names and Numbers (“ICANN”) took the unprecedented step of opening up the generic Top Level Domain (“gTLD”) space for entities who wanted to run registries for any new alphanumeric string “to the right of the dot” in a domain name. After a number of years of vetting applications, the first round of new gTLDs was released in 2013, and those gTLDs began to come online shortly thereafter. One of the more contentious of these gTLDs was “.sucks” which came online in 2015. The original application for the “.sucks” registry was somewhat contentious with …