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United States National Science Foundation (Nsf) Scientific Integrity Policy

Copyright, Fair Use, Scholarly Communication, etc.

United States National Science Foundation (NSF) Scientific Integrity Policy

Konsep Dan Sistem Deklaratif Dalam Hak Cipta : Dikotomi Ide-Ekspresi, Fiksasi, Originalitas, Perbedaan Pendaftaran Dan Pencatatan, Charl Lewis Jogi Tambunan

Technology and Economics Law Journal

Perkembangan historis hak kekayaan intelektual, mulai dari paten Filippo Brunelleschi pada tahun 1421 untuk desain kapalnya, yang menandai dimulainya paten modern. Abstrak ini menelusuri evolusi hukum Hak Cipta di Inggris dan Prancis, dengan menekankan pada Statuta Anne pada tahun 1709 dan droit d’auteurs pada tahun 1793. Pembentukan konvensi internasional seperti Konvensi Paris dan Konvensi Berne pada akhir abad ke-19 juga dibahas, yang mengarah pada pembentukan organisasi Kekayaan Intelektual Dunia. Peraturan kekayaan intelektual Indonesia yang diperkenalkan selama era kolonial Belanda pada tahun 1840-an. Ini mencakup berbagai peraturan tentang merek dagang, paten, dan Hak Cipta. Perkembangan hukum Hak Cipta Indonesia dari tahun …

Intellectual Property Rights And Copyright Laws In The Regime Of Artificial Intelligence (Ai) In India, Hemavathy C

Library Philosophy and Practice (e-journal)

Artificial Intelligence (AI) has been developing for two decades. The application of AI is budding quickly in business dealings, corporate communication and legal services. AI and Law Forms are increasingly important in the legal arena as they play a significant role in the economy and society. Scientists and policymakers together are facing some of the hardest problems with the advancement of machine learning, cryptology and data protection. This paper is very helpful for policymakers, economists, lawyers and technocrats in the aspect of the ethical use of AI in data protection, privacy, security and social corners turns into very relevant issues …

The Santa Clara, 2024-02-02, Santa Clara University

The Santa Clara

No abstract provided.

Towards Responsible Quantum Technology: Safeguarding, Engaging And Advancing Quantum R&D, Mauritz Kop, Mateo Aboy, Eline De Jong, Urs Gasser, Timo Minssen, I. Glenn Cohen, Mark Brongersma, Teresa Quintel, Luciano Floridi, Raymond Laflamme

UC Law Science and Technology Journal

The expected societal impact of quantum technologies (QT) urges us to proceed and innovate responsibly. This article proposes a conceptual framework for Responsible QT that seeks to integrate considerations about ethical, legal, social, and policy implications (ELSPI) into quantum R&D, while responding to the Responsible Research and Innovation dimensions of anticipation, inclusion, reflection and responsiveness. After examining what makes QT unique, we argue that quantum innovation should be guided by a methodological framework for Responsible QT, aimed at jointly safeguarding against risks by proactively addressing them, engaging stakeholders in the innovation process, and continue advancing QT (‘SEA’). We further suggest …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Making Sense Of Making Parole In New York, Alexandra Mcglinchy

Dissertations, Theses, and Capstone Projects

For many individuals incarcerated in New York, the initial step toward freedom begins with an interview with the Board of Parole. This process, however, is frequently a complex and challenging one, characterized by repeated denials and extended incarcerations. The disparity in outcomes – where one individual may receive over 20 denials and another is granted parole on their first attempt – highlights the ambiguity and inconsistency in the parole decision-making process. This project aims to clarify the factors that influence parole decisions by concentrating on measurable variables. These include age, race, duration of sentence served, proportion of sentence served, type …

After The Demise Of Affirmative Action, Ensuring Equitable Access To Educational Opportunities, Anna Gorman-Huang, Peter Henry Huang

UC Law Journal of Race and Economic Justice

On June 29, 2023, the United States Supreme Court held in two related cases that race-based affirmative action in college admissions is unconstitutional, because it violates the Equal Protection Clause of the 14th Amendment. What is next in (higher) education after the Supreme Court’s rulings in two related cases brought by Students for Fair Admissions? The decisions may dramatically transform college admissions and even how universities think about allocating their resources and about their role in a democratic society. Even now, the Court’s holdings are rippling past highly selective college campuses to corporate boardrooms, non-profits, and state legislatures.

Despite the …

The New Undue Influence, David Horton, Reid K. Weisbord

Utah Law Review

The doctrine of undue influence has long been the problem child of inheritance law. Undue influence, a hazy combination of fraud and duress, supposedly invalidates bequests that a beneficiary obtained by overriding the volition of a vulnerable testator or settlor. But because relationships are complex, concepts like free will are slippery, and challenges to do native transfers are litigated after the owner dies, courts struggle to apply the rule. Making matters worse, fact finders exploit the principle’s vagueness to protect a decedent’s family at the expense of non-traditional relationships. As a result, scholars have criticized undue influence fordecades, with some …

Backdating #Metoo, Jessica K. Fink

Cardozo Law Review

The #MeToo movement radically altered the way that people think about workplace sexual harassment. For decades, women were expected to tolerate a broad range of sexualized conduct at work. However, the revelation of Harvey Weinstein’s misdeeds in late 2017, followed by the exposure of countless other bad actors, dramatically shifted the social narrative regarding appropriate workplace behavior. Conduct that employees once ignored or overlooked suddenly became the basis for vociferous objection; the perfunctory responses to harassment that many employers once adopted suddenly stood out as glaringly deficient.

While society has undergone great shifts in its understanding of and response to …

Decentralized Autonomous Organizations: To Statutorily Organize Or Not?, David M. Grant, Eric M. Kirby, Steven Hawkins

Wyoming Law Review

This Article explores the evolving concept of decentralized autonomous organizations (DAOs) in the context of Web3 technology. It raises critical questions about whether DAOs truly represent a step forward in limiting liability in entity governance structures or if they risk centralizing the decentralized. The text discusses the potential of DAOs to address regulatory and tax challenges while also highlighting concerns about their legitimacy and security. It compares the governance structures of traditional entities to DAOs and contemplates the reasons for formal organization pursuant to state statute. The Article further delves into some of the statutory laws in specific states recognizing …

Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel

Journal of Dispute Resolution

The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Promises And Risks Of Applying Ai Medical Imaging To Early Detection Of Cancers, And Regulation For Ai Medical Imaging, Yiyao Zhang

The Journal of Purdue Undergraduate Research

No abstract provided.

Just Because They Say It: Does The U.S. Really Have The “First-Ever Comprehensive Framework” For Digital Assets?, Carol R. Goforth

Arkansas Law Review

On March 9, 2022, President Biden made history by signing an Executive Order on Ensuring Responsible Development of Digital Assets. On September 16, 2022, the White House released a fact sheet proclaiming that it had produced the “First Ever Comprehensive Framework for Responsible Development of Digital Assets,” based on nine reports stemming from the Executive Order. This Article is divided into two main parts. Part one reviews the reports received by the White House, explaining what they address while pointing out open issues for which no particular direction is established. Part two assesses regulatory gaps in the crypto space in …

Arkansas Law Review - Volume 76 Issue 2, Journal Editors

Arkansas Law Review

No abstract provided.

Robots As Pirates, Henry H. Perritt Jr.

Catholic University Law Review

Generative AI has created much excitement over its potential to create new works of authorship in the literary and graphical realms. Its underling machine-learning technology works by analyzing the relations among elements of preexisting material in enormous databases assembled from publicly available and licensed sources. Its algorithms “learn” to predict “what comes next” in different types of expression. A complete system thus can become glib in creating new factual summaries, essays, fictional stories and images.

A number of authors of the raw material used by Generative AI engines claim that the machine learning process infringes their copyrights. Careful evaluation of …

Veterans Treatment Courts: Broadening Eligibility For Veterans Convicted Of Violent Offenses, Mark Dela Peña

Catholic University Law Review

Veterans treatment courts (VTCs) have been gaining widespread popularity as a tool to divert justice-involved veterans from the criminal justice system. While a step in the right direction, most of these courts categorically exclude violent offenders for eligibility. Many jurisdictions conflate violent offenses with serious offenses, even when many violent offenses lack any physical harm. Additionally, prosecutors wield almost unbridled discretion in determining whether or not someone is charged with an offense considered to be violent, determining VTC eligibility even before a case reaches a sentencing hearing.

This comment argues for admitting veterans convicted of violent offenses into VTCs. This …

"Race-Blind" Redistricting Algorithms, Kayla Swan

Duke Law Journal

Litigants increasingly use algorithmic evidence in redistricting cases, employing a collection of algorithmically generated plans to point out the outlier status of the state’s current plan. But with the Supreme Court’s declaration of a race-blind Equal Protection Clause in Students for Fair Admissions v. Harvard, the constitutionality of these methods as used in racial gerrymandering cases remains uncertain. Other scholars have examined the potential impacts of race blindness as an algorithmic constraint. This Note instead interrogates the practical possibility of race-blind redistricting algorithms and finds the promise of blindness illusory. Rather, requirements to limit racial inputs in redistricting algorithms …

Critical Race Religious Literacy: Exposing The Taproot Of Contemporary Evangelical Attacks On Crt, Robert O. Smith, Aja Y. Martinez

Journal of Critical Race and Ethnic Studies

No abstract provided.

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.

With Liberty And Justice For All? The U.S. Internment Of Japanese Peruvians During World War Ii, Catherine T. Meisenheimer

Swarthmore Undergraduate History Journal

After the bombing of Pearl Harbor on December 7, 1941, the United States committed to a policy of interning more than 120,000 Japanese Americans. While Japanese American detention remains the most researched instance of wartime internment, the U.S. incarceration of Japanese Peruvians merits equal attention. The political forces behind Japanese Peruvian internment transcended the more common explanations that haunt so much of literature today. Racism and hysteria played their respective roles in this history of wartime internment, but as the war progressed, other reasons for Japanese internment emerged. On January 4, 1942, the Japanese began interning American civilians in the …

The Dysfunctional “Functional Equivalent” Standard: Regulations Of Groundwater Discharges Since County Of Maui V. Hawaii Wildlife Fund, Ellie Maltby

University of Chicago Legal Forum

The distinction between “groundwater” and “navigable waters” has long created legal disputes. The most recent Supreme Court decision to grapple with the boundary between groundwater and navigable waters is County of Maui v. Hawaii Wildlife Fund. Section 301(a) of the Clean Water Act (CWA) prohibits the discharge of any pollutant into navigable waters without a National Pollutant Discharge Elimination System (NPDES) permit. The question in County of Maui is whether the CWA applies to pollutants that travel from a point source through groundwater, before entering navigable waters. The Supreme Court held that the CWA requires a permit when the discharge …

Deploying Trustworthy Ai In The Courtroom: Lessons From Examining Algorithm Bias In Redistricting Ai, Wendy K. Tam Cho, Bruce E. Cain

University of Chicago Legal Forum

Deploying trustworthy AI is an increasingly pressing and common concern. In a court of law, the challenges are exacerbated by the confluence of a general lack of expertise in the judiciary and the rapid speed of technological advancement. We discuss the obstacles to trustworthy AI in the courtroom through a discussion that focuses on the legal landscape surrounding electoral redistricting. We focus on two particular issues, data bias and a lack of domain knowledge, and discuss how they may lead to problematic legal decisions. We conclude with a discussion of the separate but complementary roles of technology and human deliberation. …

The New People V. Collins: How Can Probabilistic Evidence Be Properly Admitted?, David Crump

Maine Law Review

The California Supreme Court’s decision in People v. Collins is a staple in Evidence casebooks. An innovative assistant district attorney in the trial court had presented a mathematician who applied probabilities to questions about the perpetrators’ characteristics. The state supreme court disapproved the injection of an equation featuring what mathematicians call the “product rule.” The opinion contains thank-goodness-we-escaped-that-disaster reasoning and condemnation of this use of mathematics with probabilities. But the court’s analysis probably would be different if the case were decided today, as the “new” People v. Collins. Therefore, this Article considers what the author calls the new People v. …

Meanings, Speech Acts, And Legal Contents Produced By Plural Lawmaking Bodies, Scott Soames

The Journal of Contemporary Legal Issues

Language is both our most powerful cognitive tool and our most basic social institution, without which neither law, government, nor science would be possible. Because it is so central to nearly everything we do, its familiarity tempts us to overestimate how much we understand about the way it functions in different domains. My task is to illuminate (i) how to extract legal content from linguistic acts of lawmakers in the United States, and (ii) how this linguistically expressed content is sometimes modified by legal interpretation, when law is applied to particular cases. Although (i-ii) are grounded in facts about ordinary …

The Santa Clara, 2024-01-19, Santa Clara University

The Santa Clara

No abstract provided.

Conservatism, Ideology, Skepticism, Brandon Turner

The Journal of Contemporary Legal Issues

The occasion for this essay concerns the prospects of modern conservative political philosophy; more directly, it calls for the provision of “a systematic and comprehensive account of conservatism.” Given our present moment, at which the political parties and institutions of the political right seem increasingly unmoored from any philosophical anchor, such an occasion appears altogether appropriate. Yet there is good reason to think that accounts of conservatism will not be systematic in the way desired and will in fact tend to rule out entirely systematic approaches—at least according to the commonplace understanding of “systematic”—to government or political philosophy. The belief—often …

Contemporary Conservative Thought: The View From San Diego, William A. Galston

The Journal of Contemporary Legal Issues

At the conference on “Modern Conservative Political Philosophy” convened at the University of San Diego on September 16–17, 2022, eleven authors presented papers. They fall into four broad categories.

Three of the papers offer broad defenses of conservatism as it has been theorized and practiced in the United States since the 1950s. William Voegeli observes—accurately—that “by following their own premises, an increasingly postmodern Left and an increasingly premodern Right have ended up questioning the worth and feasibility of republican self-government.” This leaves the beleaguered Center, long the common ground between traditional liberals and traditional conservatives. According to Voegeli, this “increasingly …

Increasing Ideoligcal Discrimination In Law School Rankings: Measuring The Conservative Penalty And Liberal Bonus With Updated 2024 Rankings Data, Michael Conklin

Tennessee Journal of Law and Policy

No abstract provided.