Digital Commons Network^™

Schrodinger's Dissent: The Hybrid Authority Of A Dissenting Opinion, Christina Frohock

Articles

A dissenting opinion is the Schrodinger's cat of authorities: both the law and not the law simultaneously. Courts and scholars often clarify that a dissenting opinion is not binding. Outside the universe of precedent, that authority defies easy description. Emerging from the pen of a judge wearing a black robe and acting in an official capacity, a dissenting opinion exhibits the form of the law. Yet, beneath that lofty sheen, a dissent exhibits the substance of commentary. A dissenting judge writes to undercut the law, providing a case law coda. This Article describes the traditional categories of authority, primary and …

Systemic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

Articles

Today's artificial intelligence ("AI") systems exhibit increasing capabilities across a remarkable variety of tasks. The rapid growth in AI ability has caught the attention of policymakers, parliaments, and the United Nations. These entities are increasingly looking towards regulating AI, not only in its particular applications, but as a technology. Yet legal scholarship has thus far offered little to this new and critical regulatory conversation, which has instead been dominated by computer scientists and technologists.

This Article begins the project of assessing AI's broader risks and law's role in addressing them. These risks are wide ranging -they span harms to vulnerable …

Contractual Remedies In Mergers: Lessons From Crispo V. Musk, Dhruv Aggarwal, Albert H. Choi, Geeyoung Min

Law & Economics Working Papers

The Delaware Chancery Court recently restricted a merger target's ability to recover damages on behalf of its shareholders from a breaching buyer. This paper investigates the impact of the decision. First, we present a theoretical analysis to generate empirical predictions. Second, we show that the decision led to a decrease in the firm value of targets in mergers governed by Delaware law. Third, we hand-collect relevant provisions from merger agreements and find that the agreements governed by Delaware law increasingly include target-friendly non-price terms after the decision. We also present evidence suggesting deal price responds to the inclusion of novel …

Going Cashless: Privacy Implications For Gun Control In A Digital Economy, Liza Goldenberg

The Journal of Business, Entrepreneurship & the Law

This paper will examine how, given the United States’ shift toward a cashless economy, the country’s top credit-card companies’ potential decision to implement a new merchant code for firearm-related transactions as a method of gun control will backfire, jeopardizing consumer privacy and leading to unregulated transactions through cryptocurrencies. Since the majority of gun violence stems from firearm transactions not involving credit cards, credit-card companies should abandon the new merchant code that dissuades Americans from exercising their fundamental rights. The American economy should focus on slowing the shift toward a digital economy so that federal and state governments can implement legislation …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

Examining Patent Eligibility, Charles Duan

St. John's Law Review

(Excerpt)

A firestorm of debate has surrounded the Supreme Court of the United States’s 2014 decision Alice Corp. Pty. Ltd. v. CLS Bank International on the doctrine of patentable subject matter eligibility under 35 U.S.C. § 101. As the Court’s leading articulation of doctrine, which generally excludes from patenting abstract ideas, laws of nature, and natural phenomena, Alice has been criticized as unpredictably vague and overly constrictive of patentability, with the effect of “decimating” patents, innovation, technological investment, and even the United States’ competitiveness against other nations. To support these criticisms and calls for reform, scholars and practitioners have frequently …

Liability For Use Of Artificial Intelligence In Medicine, Nicholson W. Price Ii, Sara Gerke, I. Glenn Cohen

Book Chapters

While artificial intelligence (AI) has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties but also broader systemic questions about how AI will be developed and adopted. The landscape of liability is complex, involving healthcare providers and institutions and the developers of AI systems. In this chapter, we consider these three principal loci of liability. At the outset, we note a few issues that shape our analysis.

Law As A Liberal Art, Francis J. Mootz Iii

The Journal of Law Teaching and Learning

Law is a liberal art. Unfortunately, this fact is often forgotten by legal educators, legal practitioners, and citizens. This collective amnesia does not just pose a problem of proper academic categorization. Our inattention to law’s character as a liberal art of law has a profound effect on the full realization of the rule of law in contemporary constitutional democracies. Reclaiming law as a liberal art is critically important, and this effort should be at the center of our approach to legal education.

In this short essay, I begin by providing a brief overview of what I mean by saying that …

Pacing Beside The Pool: Coaching Champion Writers To A Strong Finish In Clinic (Without Jumping In And Finishing For Them), Hillary A. Wandler

The Journal of Law Teaching and Learning

No abstract provided.

From Hunch To Analysis: Risk Management In Tiered Dispute Resolution Processes, Troy L. Harris

Pepperdine Dispute Resolution Law Journal

The dispute resolution is process is filled with risk that decision-makers must identify, analyze, and manage. Risks can include unclear and conflicting objectives and uncertainties regarding strategic alternatives. While many litigators are adept at identifying these risks, systematic analysis and management of them is not typically part of lawyers’ education or training. And yet there is a rich body of management scholarship devoted to risk analysis and decision-making based upon multiple criteria. This article brings the insights of this management literature to bear upon a phenomenon commonly found in relational contracting, the “tiered” dispute resolution process. The article demonstrates that …

An Inadequate Band-Aid: Existing Privacy Law Has Uncertain Application To Web-Scraped Personal Information Used To Train Ai, Jody L. Eckman

Student Journal of Information Privacy Law

To legislate high-growth technology requires fine-tuned balance, but the current state of AI legislation swings in favor of AI providers given U.S. lawmakers near non-existent response. From healthcare to education, the financial industry to the legal field, AI has gained a grip stronger than any legal band-aid lawmakers might believe to be in place and protecting consumers. I argue that based on a survey of current U.S. legislation, AI providers are being given the chance to have their cake and eat it too at the expense of consumers’ rights. Such a perfectly permissible feast is why lawmakers must promptly and …

Elusive Shift: How Role-Playing Games Forged Their Identity [Reseña], Edgar Meritano Corrales

Journal of Roleplaying Studies and STEAM

Elusive Shift: How Role-Playing Games Forged Their Identity by Jon Peterson traces the history and evolution of role-playing games (RPGs), from their roots in wargames to their establishment as a distinct genre. The book examines how RPGs have shifted from focusing on simulating physical conflict to emphasizing character creation and collaborative storytelling, exploring the role of the game master, ethical decision-making within the game world, and the philosophical implications of the gaming experience. Peterson also explores the maturity of RPGs over time, highlighting the development of invisible systems and the elusive shift that has solidified the unique identity of RPGs. …

Estética Relacional De Los Juegos De Rol., Juan M. Díaz De La Torre

Journal of Roleplaying Studies and STEAM

El presente escrito son los primeros esbozos de una investigación mayor, la cual busca establecer que los juegos de rol son una forma artística fundamentada en la llamada estética relacional propuesta por Nicolas Bourriaud. Hubo trabajos previos que alimentaron este artículo[1]. La idea central es pensar al acontecimiento estético como la fase más alta de un proceso de agregación en donde diferentes dimensiones de la vida de los jugadores y planos existenciales (juego, reglas, mundo social, mundo narrativo, etc) se aglomeran para generar la experiencia estética. En este sentido, lo estético en los juegos de rol es algo …

Las Figuras De Juegos De Rol Como Soporte Para La Apropiación De Personajes, Roberto A. García Madrid, Blanca E. López Pérez

Journal of Roleplaying Studies and STEAM

El desarrollo de juegos de rol implica la consideración de diversos elementos, como temática, historia y personajes. Un aspecto es la utilización de figuras en miniatura, que actúan como avatares físicos en la narración del juego. Estas figuras contribuyen a la identificación entre jugadores y personajes, así como a la construcción de escenas y al entendimiento del desempeño de los personajes.

Cada juego ofrece diversas opciones de avatares, con distintos niveles de abstracción y representación. El mercado de figuras proporciona una amplia variedad de personajes con diferentes poses y técnicas de pintura, enriqueciendo la experiencia de construcción avatares. Identificar los …

Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 3 [2024], Número 1 (Issue 1)., Miguel A. Bastarrachea-Magnani, Edgar Meritano, Mauricio Rangel Jiménez, Cristo Leon, James Lipuma Dr.

Journal of Roleplaying Studies and STEAM

Editorial Lento pero seguro, seguimos adelante

Estamos muy contentos de seguir con este proyecto que ha tenido gran éxito, contamos con registro de descargas de más de 130 instituciones universitarias de 74 países, además de posicionarnos poco a poco como una revista académica de gran nivel gracias a las políticas estrictas que seguimos número tras número.

En esta ocasión los trabajos presentados dan muestra de la madurez que estamos alcanzando como revista, como primer artículo tenemos Las figuras de juegos de rol como soporte para la apropiación de personajes, texto que nos habla de la gran relevancia que tienen las …

The Role Of Digital Citizenship Using Modern Communication And Media Tools In Enhancing Social Responsibility Among Students Of The Middle East University, Ramzi Mubarak Al Tarawneh, Sahar Mohammad Al Tarawneh

Middle East Journal of Communication Studies

The study aims to explore the role of digital citizenship using modern communication and media tools in enhancing social responsibility among MEU students. A descriptive-analytical approach was used. The study employed a simple random sampling method, with a sample size of 421 students. The findings indicated a statistically significant impact of digital citizenship using modern communication and media tools on social responsibility in its various dimensions. Both digital citizenship using modern communication and media tools and social responsibility were practiced at a high level. Furthermore, a strong correlation was found between digital citizenship using modern communication and media tools and …

Can The Automated State Be Trusted? The Role Of Rule Of Law Safeguards For Governing Automated Decision-Making And Artificial Intelligence, Joanna Mazur, Maciej Bernatt

Georgia Law Review

The goal of this Article is to take a broader perspective on the lessons which can be learned from the implementation of automated decision-making in the public sector—specifically in regard to how procedural rule of law mechanisms can make such projects trustworthy. The underlying idea behind this Article is to posit the debate about the ADM within the context of rule of law as a key notion in liberal democracies. At the same time, we rely on a law and political economy framework. We look through the lens of power relations and assess to what extent selected procedural solutions governing …

Automated Decision-Making And Review Of Administrative Decisions, Margaret Allars

Georgia Law Review

The use of automated decision-making (ADM) carries an enhanced risk of failure to meet administrative law standards. This Article identifies Australian federal statutory schemes for ADM and instances of non-statutory use of ADM, with a view to evaluating the scope for the risk to be realized. Express provisions for correction of error, internal review avenues, and external review by tribunals and courts may not deliver satisfactory solutions. Despite a promising start, review and reform of the regulation of ADM use has lagged. However, in 2023, the Report of the Royal Commission into Robodebt gave the issue renewed impetus, recommending statutory …

Confronting Algorithms: Conscience Catching In The Criminal Trial And Beyond, Sherman J. Clark

University of Michigan Journal of Law Reform

Using the question of how to treat algorithmic evidence under the Confrontation Clause as an entry point, I argue that the use of AI in ethically salient situations presents a risk. It may cause us to avoid confronting our own responsibility. This matters because facing up to what we do, including what we delegate, can help us grow and thrive. Bearing responsibility can help us nurture vital capacities, including forms of empathy, honesty, and dignity. In the language of ethics, these are eudaimonist virtues—traits and capacities that can help us live well and fully. We should thus find ways of …

Boycotts, Race, Rankings, And Howard Law School's Peculiar Position, Michael Conklin

The University of New Hampshire Law Review

This Article seeks to explain the drastic, seventy-six spot ranking disparity that exists between Howard Law School’s overall ranking (based primarily on objective factors) and the purely subjective peer ranking. Potential explanations considered include location, law review quality, political ideological preference, use of promotional materials, notable alumni, professor quality, unwillingness to game the system, and random statistical noise. When all of these potential explanations come up short, Howard’s unique standing as the top HBCU law school is found to be the most likely explanation. This explanation is also consistent with the corresponding increase in racial salience and the increase in …

Avoiding Pragmatic Oddity: A Bottom-Up Defeasible Deontic Logic, Guido Governatori, Silvano Colombo Tosatto, Antonio Rotolo

Centre for Computational Law (2022-2025)

This paper presents an extension of Defeasible Deontic Logic to deal with the Pragmatic Oddity problem. The logic applies three general principles: (i) the Pragmatic Oddity problem must be solved within a general logical treatment of contrary-to-duty (CTD) reasoning; (ii) non-monotonic methods must be adopted to handle CTD reasoning; (iii) logical models of CTD reasoning must be computationally feasible and, if possible, efficient. The proposed extension of Defeasible Deontic Logic elaborates a preliminary version of the model proposed by Governatori and Rotolo [15]. The previous solution was based on particular characteristics of the (constructive, top-down) proof theory of the logic. …

Music Of The Law: A Wigmorian Playlist For A Modern Era, Joseph Hummel

Tulsa Law Review

No abstract provided.

Artificial Intelligence And Antibody Genus Claims, Thomas R. Langdon

Missouri Law Review

Antibodies are the guard dogs of the human immune system. They travel through the bloodstream, sniffing out foreign invaders (antigens), binding to them, and preventing them from harming the body. Instead of having a nose, four legs, and a tail, antibodies are Y-shaped proteins comprised of amino acids that viciously protect their hosts. Think of the tips of the “Y” as mouths that can bite certain antigens and lock them in place, rendering them harmless. Antibodies have the ability to identify a plethora of antigens to bind to and neutralize; “[s]ome researchers have estimated that the theoretical number of different …

Drake Or Droid?: A.I.-Generated Music And The Legal Challenges In Safeguarding Artist Rights, Nicoletta Gasparis

Hofstra Law Review

The article explores the growing use of artificial intelligence (A.I.) in music production and its legal implications. Topics include the rise of generative A.I. in music, exemplified by the creation of the song "Heart on My Sleeve," the ethical and legal concerns regarding A.I.'s ability to replicate artists' voices and styles, and the challenges in safeguarding artist rights amidst this new technological landscape.

Symposium Introduction: Challenge And Hope, Frank A. Fritz, Kyle-Matthew Taylor

Nevada Law Journal

No abstract provided.

Standing And Probabilistic Injury, Curtis A. Bradley, Ernest A. Young

Michigan Law Review

Standing to sue often turns on questions of probability. For example, public law plaintiffs must show that they are likely to be affected by allegedly unlawful government surveillance or environmental policies, and consumers may wish to sue private defendants over false credit reporting or data breaches that may or may not cause them financial or reputational harm in the future. This Article offers a framework for resolving a wide range of these “probabilistic standing” issues. Our core claim is that courts and commentators ask too much of standing doctrine in probabilistic cases. First, scholars sometimes seek a unified theory of …

Water Management And Conservation In India Fostering Water Justice: Arguing For Adopting Just Sustainability In Water Governance, Gayathri D Naik Dr, Sanjay Shenoi P

Articles

The water sector is characterised by everyday water injustices where factors like social discrimination, economic disparities, and political preferences influence the determination of water resource access, allocation, and management. The increasing anthropogenic impacts on water resources and consequent threats to sustainability add to the water injustices, often impacting the poorer, socially downtrodden communities that bear the brunt of water scarcity and cannot afford alternatives. The current water governance patterns, prioritising equality over equity, fail to address the issues of water injustices created by social, political, and economic factors in water management and sideline the ecological impacts on water resources. Moving …

Ai Employment Decision-Making: Integrating The Equal Opportunity Merit Principle And Explainable Ai, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

Artificial intelligence (AI) tools used in employment decision-making cut across the multiple stages of job advertisements, shortlisting, interviews and hiring, and actual and potential bias can arise in each of these stages. One major challenge is to mitigate AI bias and promote fairness in opaque AI systems. This paper argues that the equal opportunity merit principle is an ethical approach for fair AI employment decision-making. Further, explainable AI can mitigate the opacity problem by placing greater emphasis on enhancing the understanding of reasonable users (employing organisations) and affected persons (employees and job candidates) as to the AI output. Both the …

Squeezing Blood From Stones? A Comparative Analysis Of Tax Relief For Victim-Survivors In Australia And The United States, Christine Speidel, Leslie Book, Ann Kayis-Kumar

Faculty Publications

Women who leave abusive relationships generally do so with increased debt, reduced assets, insecure housing and longer-term economic insecurity. Most of these women will be experiencing economic abuse even after the relationship has ended, and many cite financial instability as a key factor driving them back into abusive relationships. So, it is imperative that the tax and transfer system helps rather than hinders (albeit inadvertently) this cohort of financially vulnerable taxpayers. However, this is not always the case, with victim-survivors of economic abuse often liable for tax debts incurred by former partners operating businesses in the victim-survivor's name.

This article …

D-Hacking, Emily Black, Talia B. Gillis, Zara Hall

Faculty Scholarship

Recent regulatory efforts, including Executive Order 14110 and the AI Bill of Rights, have focused on mitigating discrimination in AI systems through novel and traditional application of anti-discrimination laws. While these initiatives rightly emphasize fairness testing and mitigation, we argue that they pay insufficient attention to robust bias measurement and mitigation — and that without doing so, the frameworks cannot effectively achieve the goal of reducing discrimination in deployed AI models. This oversight is particularly concerning given the instability and brittleness of current algorithmic bias mitigation and fairness optimization methods, as highlighted by growing evidence in the algorithmic fairness literature. …