Digital Commons Network^™

Anticipating The Needs Of Future Law Students Based On Current Post-Pandemic National Reading Comprehension Test Scores, Nicole R. Chong, J.D.

Lincoln Memorial University Law Review Archive

The current state of education in the elementary, middle, and high school levels regarding students’ reading comprehension skills is bleak. Post-pandemic scores are showing up to a thirty-year backslide in reading comprehension testing scores. These concerning decreases do not bode well for students who may enter law schools one day. Let’s anticipate those needs by thinking ahead of ways to remedy potential shortcomings. Reading comprehension is tied closely to the skills of critical reading and thinking. Other scholars have written extensively in the legal academia field about critical reading and thinking. In fact, no one likely would dispute that critical …

Rethinking Taxing Excess Profits, Reuven S. Avi-Yonah, Tamir Shanan

Articles

This article discusses the application of excess profit taxes (EPTs, also referred to as windfall taxes) that have gained renewed interest and popularity over the past several years. The revival of these windfall taxes gained renewed interest following the COVID-19 outbreak, which led to a sharp price increase in corporate revenues of medical equipment and within pharmaceutical industries. However, the revival of such taxes was also used following the recent rise in energy prices mainly in Europe, leading to a sharp increase in corporate revenues of energy corporations and the recent surge in borrowing interest rates that was not accompanied …

Constitutional Rights Of Artificial Intelligence, Mizuki Hashiguchi

Washington Journal of Law, Technology & Arts

On February 8, 2022, the Italian Parliament approved constitutional amendments to protect the environment. A member of Parliament stated that the environment is an element of Italy, and that safeguarding the environment means safeguarding humans. The need to protect the environment seems to have become a critical component of public conscience. Likewise, if society perceives that artificial intelligence is vitally important for humanity, does constitutional law allow constitutional rights for artificial intelligence to be created?

Extending constitutional rights to artificial intelligence may be consistent with the jurisprudential history of rights. Constitutional rights have undergone metamorphosis over time to protect new …

"Just What Is Going On Here?" An Homage, Barak D. Richman

Law and Contemporary Problems

No abstract provided.

Bargaining With Giants And Immortals: Bargaining Power As The Core Of Theorizing Inequality, Marietta Auer

Law and Contemporary Problems

No abstract provided.

Concepts, Contexts, Contests, Roy Kreitner

Law and Contemporary Problems

No abstract provided.

Methodological Tensions In Understanding Markets, Marietta Auer, Hanoch Dagan, Roy Kreitner, Ralf Michaels

Law and Contemporary Problems

No abstract provided.

Aristotle On Reciprocity, Equivalent Value, And The Embeddedness Of Markets, Rachel Z. Friedman

Law and Contemporary Problems

No abstract provided.

The Epicycles Of General Equilibrium Theory, David Singh Grewal

Law and Contemporary Problems

No abstract provided.

The Epistemic Preconditions Of Markets And Their Historicity, Lisa Herzog

Law and Contemporary Problems

No abstract provided.

Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson

Honors Thesis

Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …

Defeat Fascism, Transform Democracy: Mapping Academic Resources, Reframing The Fundamentals, And Organizing For Collective Actions, Francisco Valdes

Articles

No abstract provided.

Maximizing The Educational Choice Wave By Rethinking State And Local Regulations, Shaka Mitchell

Belmont Law Review

This Article will first survey the flurry of education choice activity in 2023, touching on several of the factors that drove legislation. Next, it will examine both the dispositional and practical impediments to choice reforms. This Article concludes with recommendations for modernizing local and state policy to best achieve the goals of recently enacted educational programs.

Use Of Artificial Intelligence-Based Tools By Lawyers In Criminal Advocacy, Jamie Bernstein

Hofstra Law Student Works

No abstract provided.

Santa Clara Magazine, Volume 65 Number 1, Spring 2024, Santa Clara University

Santa Clara Magazine

14 - A CAMPUS ON THE RISE Six new buildings on campus aren’t the only changes brought by a successful $1 billion fundraising campaign. Lauren Loftus & Leslie Griffy

20 - HUMAN AT HEART How Santa Clara University is distinguishing itself as a leader in human-focused health care innovation. Lauren Loftus

26 - SHEPHERDING INNOVATION How wonder, and God, can make us better scientists. Brother Guy Consolmagno, S.J.

30 - THE CO-OP Santa Clara University has long been a bastion of interdisciplinary learning. A new fund is taking cross-collaboration to new heights. SCM Staff

34 - MAKE AI THE BEST …

Of Another Mind: Ai And The Attachment Of Human Ethical Obligations, Katherine B. Forrest

Fordham Law Review

We are entering a new world. A world in which we humans will be confronted with our intellectual limitations as we watch the evolution of artificial intelligence (AI) that we have created meet and exceed our capabilities. I have a few predictions about this—based first on how technology changes occur, with a layer of how human nature reacts to those changes.

My first prediction is that we may not initially recognize AI’s actual capabilities. We will find ways of describing what AI can do as somehow mimicry—the advances of a stochastic parrot, perhaps; we will not want to recognize our …

Fairness And Fair Use In Generative Ai, Matthew Sag

Fordham Law Review

Although we are still a long way from the science fiction version of “artificial general intelligence” that thinks, feels, and refuses to “open the pod bay doors,” recent advances in machine learning and artificial intelligence (AI) have captured the public’s imagination and lawmakers’ interest. We now have large language models (LLMs) that can pass the bar exam, carry on (what passes for) a conversation about almost any topic, create new music, and create new visual art. These artifacts are often indistinguishable from their human-authored counterparts and yet can be produced at a speed and scale surpassing human ability.

“Generative AI” …

Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi

Fordham Law Review

A profound shift is occurring in the way many decisions are made, with machines taking greater roles in the decision-making process. Two arguments are often advanced to justify the increasing use of automation and algorithms in decisions. The “Awful Human Argument” asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the “Better Together Argument,” posits that machines can augment and improve human decision-making. These arguments exert a powerful influence on law and policy.

In this Essay, we contend that in the context of making decisions about humans, these arguments are far too …

Melissa A. Harness & Adam Z. Harness, A False Accountability Narrative: The Human Rights Implications Of Developed Nations Over-Testing Youth In Education, Melissa A. Harness, Adam Z. Harness

The Journal of Law and Education

No abstract provided.

Stronger Together: How Union Friendly Legislation Can Help Mend The Teacher Shortage, Abby Minihan

The Journal of Law and Education

No abstract provided.

Addressing Student Cell Phone Searches Conducted By School Officials In North Carolina: Wilson County Schools Policy 4342, Michael G. Whitfield Jr.

North Carolina Civil Rights Law Review

No abstract provided.

Minding The Gap: An Introduction To Empirical Critical Race Scholarship And Complexity Science (With Resources On Agent-Based Modeling), Kevin P. Lee

North Carolina Civil Rights Law Review

No abstract provided.

Choosing Between Two Meanings Of Competition In Antitrust Law, Randy M. Stutz

University of Baltimore Law Review

No abstract provided.

Robert Lande And The Real, New Antitrust Paradox, Joshua P. Davis, Jessica Seigel, Charles Hill

University of Baltimore Law Review

No abstract provided.

Private Law As Morality: A Critique Of Peter M. Gerhart’S Contract Law And Social Morality, P.T. Babie, Claire Williams, Jessica Viven-Wilksch, James Gilchrist Stewart

Missouri Law Review

This review essay offers a constructive critique of Peter M. Gerhart’s Contract Law and Social Morality (‘CLSM’); it examines, in a very preliminary way, whether humans—parties to contractual negotiation—ever behave in other-regarding, or altruistic, ways. The essay does this through three explorations or investigations. The first considers other-regarding behavior, or altruism, from a scientific perspective: is it possible that humans ever act out of concern for others? Second, it considers CLSM using ideas of altruism found in an eclectically selective use of philosophy. Third, it investigates the concept of the other-regarding person in relation to contract law itself which, of …

Advancing Disability-Inclusive Climate Research And Action, Climate Justice, And Climate-Resilient Development, Janet E. Lord, Et Al.

All Faculty Scholarship

Globally, more than 1 billion people with disabilities are disproportionately and differentially at risk from the climate crisis. Yet there is a notable absence of climate policy, programming, and research at the intersection of disability and climate change. Advancing climate justice urgently requires accelerated disability-inclusive climate action. We present pivotal research recommendations and guidance to advance disability-inclusive climate research and responses identified by a global interdisciplinary group of experts in disability, climate change, sustainable development, public health, environmental justice, humanitarianism, gender, Indigeneity, mental health, law, and planetary health. Climate-resilient development is a framework for enabling universal sustainable development. Advancing inclusive …

Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee

Belmont Law Review

Much like Hansel and Gretel in the widely known fairytale, children around the world have experienced trauma, loss, and profound impact to their physical, social, and emotional well-being due to the pandemic. Also, like Hansel and Gretel, students with unique needs have lacked the guidance, support, and prioritization by the adults who are meant to protect them. For some students, this failure to support by those adults charged with their education has been occurring for decades. For many, they were left alone in the woods in March 2020, the start of the Covid-19 pandemic. Forced to isolate from teachers and …

Revolutionizing Access To Justice: The Role Of Ai-Powered Chatbots And Retrieval-Augmented Generation In Legal Self-Help, Ayyoub Ajmi

Faculty Works

Advancements in artificial intelligence (AI) present numerous opportunities to routinize and make the law more accessible to self-represented litigants, notably through AI chatbots employing natural language processing for conversational interactions. These chatbots exhibit legal reasoning abilities without explicit training on legal-specific datasets. However, they face challenges processing less common and more specific knowledge from their training data. Additionally, once trained, their static status makes them susceptible to knowledge obsolescence over time. This article explores the application of retrieval-augmented generation (RAG) to enhance chatbot accuracy, drawing insights from a real-world implementation developed for a court system to support self-help litigants.

Community Opinions On Environmental Action On Isla Porvenir And Whichub Walla In The Guna Yala Comarca, Sofia Houts

Independent Study Project (ISP) Collection

The Guna Yala Comarca is the autonomous, self-governed territory of the Guna people, one of seven Indigenous groups in Panama. The Comarca is located on Panama’s eastern Caribbean coast and includes 365 coral islands. Forty nine Guna communities and roughly 32,000 individuals live in the territory. The Guna General Congress is the highest authority, and each community has a local congress. As a low-lying coastal region, Guna Yala is especially vulnerable to climate change and is already impacted by sea level rise, biodiversity loss, and changing precipitation patterns. Sub-national, national, and international forms of governance and environmental action are crucial …

Inadequate Choice In School Choice: An Analysis Of South Carolina's House Bill 3843 And The Implications For Public School Students And Rural Schools, J. Meadows Welch

South Carolina Law Review

No abstract provided.