Digital Commons Network^™

Child Support And Joint Physical Custody, Raymond C. O'Brien

Catholic University Law Review

Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …

The Influence Of Alice: A Response To Jay P. Kesan & Runhua Wang’S Eligible Subject Matter At The Patent Office: An Empirical Study Of The Influence Of Alice On Patent Examiners And Patent Applicants, Daryl Lim

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

The Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications. Its long shadow looms over every stage of a patent’s life cycle—from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan and Dr. Runhua Wang offer a penetrating look at Alice’s influence on software, business methods and bioinformatics, all key technologies powering our modern economy. This Response sets out the relevant law on patent eligibility, contextualizes the Authors’ key findings on bioinformatics applications against that legal framework, and considers whether Congress, …

Viability Of Consumer Grade Hardware For Learning Computer Forensics Principles, Lazaro A. Herrera

Journal of Digital Forensics, Security and Law

We propose utilizing budget consumer hardware and software to teach computer forensics principles and for non-case work, research and developing new techniques. Consumer grade hardware and free / open source software is more easily accessible in most developing markets and can be used as a first purchase for education, technique development and even when developing new techniques. These techniques should allow for small forensics laboratories or classroom settings to have the tooling and framework for trying existing forensics techniques or creating new forensics techniques on consumer grade hardware. We'll be testing how viable each individual piece of hardware is as …

Beyond The Three Laws: An Argument For Regulating Data Scientists As Fiduciaries, William Goodrum Ph.D., Jacqueline Goodrum J.D.

Richmond Journal of Law & Technology

No abstract provided.

Information Fiduciaries And Political Microtargeting: A Legal Framework For Regulating Political Advertising On Digital Platforms, Kimberly Rhum

Northwestern University Law Review

Digital technologies have taken individualized advertising to an unprecedented level. But the convenience and efficiency of such highly tailored content comes at a high price: unbridled access to our personal data. The rise of sophisticated data-driven practices, otherwise known as “Big Data,” enables large datasets to be analyzed in ways that reveal useful patterns about human behavior. Thanks to these novel analytical techniques, businesses can cater to individual consumer needs better than ever before. Yet the opportunities presented by Big Data pose new ethical challenges.

Significant scholarly research has examined algorithmic discrimination and consumer manipulation, as well as the ways …

Pandemic Emotions: The Good, The Bad, And The Unconscious —Implications For Public Health, Financial Economics, Law, And Leadership, Peter H. Huang

Northwestern Journal of Law & Social Policy

Pandemics lead to emotions that can be good, bad, and unconscious. This Article offers an interdisciplinary analysis of how emotions during pandemics affect people’s responses to pandemics, public health, financial economics, law, and leadership. Pandemics are heart-breaking health crises. Crises produce emotions that impact decision-making. This Article analyzes how fear and anger over COVID-19 fueled anti-Asian and anti-Asian American hatred and racism. COVID-19 caused massive tragic economic, emotional, mental, physical, and psychological suffering. These difficulties are interconnected and lead to vicious cycles. Fear distorts people’s decision readiness, deliberation, information acquisition, risk perception, and thinking. Distortions affect people’s financial, health, and …

Dower: Reduction By Family Allowance And Other Claims Against The Estate, Boyd H. Anderson Jr.

Florida Law Review

No abstract provided.

Sound Amplifiers: Nuisance Or Free Speech?, Morrie Benson, Edward S. Resnick

Florida Law Review

No abstract provided.

Personhood For Synthetic Beings: Legal Parameters And Consequences Of The Dawn Of Humanlike Artificial Intelligence, Osborne, Daniel S.

Santa Clara High Technology Law Journal

PERSONHOOD FOR SYNTHETIC BEINGS: LEGAL PARAMETERS AND CONSEQUENCES OF THE DAWN OF HUMANLIKEARTIFICIAL INTELLIGENCE

Implementing A Registry Federation For Materials Science Data Discovery, Raymond L. Plante, Chandler A. Becker, Andrea Medina-Smith, Kevin Brady, Alden Dima, Benjamin Long, Laura M. Bartolo, James A. Warren, Robert J. Hanisch

Copyright, Fair Use, Scholarly Communication, etc.

As a result of a number of national initiatives, we are seeing rapid growth in the data important to materials science that are available over the web. Consequently, it is becoming increasingly difficult for researchers to learn what data are available and how to access them. To address this problem, the Research Data Alliance (RDA) Working Group for International Materials Science Registries (IMRR) was established to bring together materials science and information technology experts to develop an international federation of registries that can be used for global discovery of data resources for materials science. A resource registry collects high-level metadata …

Science And Law: The Quest For The Neutral Expert Witness. A View From The Trenches, Carl B. Meyer

Journal of Natural Resources & Environmental Law

No abstract provided.

The Insights, Uses, And Ethics Of Social Neuroscience In Anti-Discrimination Law, Susan Carle

Scholarly Articles in Law Reviews & Journals

The article explores the uses in anti-discrimination law of social neuroscience—a broad interdisciplinary field that draws on the insights of brain science, medicine, epidemiology, social psychology, behavioral economics, moral cognitive neuroscience and many other experimentally based disciplines. It discusses the promising uses of social neuroscience findings from all these subfields on such matters as the irrational biases of “fast” thinking processes in general, and implicit biases against “out” groups more specifically, as well as group conformity, the black sheep effect, and more. The article traces a few of the ways these insights can help inform anti-discrimination law in both particular …

Negligence: Last Clear Chance Doctrine, Jack C. Collie

Florida Law Review

No abstract provided.

Environmental Compliance Through Regulation Technology, Philip Deatherage

The Journal of International Relations, Peace Studies, and Development

RegTech (short for Regulatory technology or regulation technology) simply put, is the use of technology to enhance compliance with regulations. As RegTech has developed, some have been quick to define RegTech as something for the financial sector, because it gained prominence with its use in the financial industry. It is true that RegTech gained prominence when it found success in the financial industry and became an important part of FinTech. However, RegTech is its own separate field within technology, which is simply the extrapolation of the ideas around automating compliance and providing insight, and can be applied to many different …

The Power Of The "Internet Of Things" To Mislead And Manipulate Consumers: A Regulatory Challenge, Kate Tokeley

Notre Dame Journal on Emerging Technologies

The “Internet of Things” revolution is on its way, and with it comes an unprecedented risk of unregulated misleading marketing and a dramatic increase in the power of personalized manipulative marketing. IoT is a term that refers to a growing network of internet-connected physical “smart” objects accumulating in our homes and cities. These include “smart” versions of traditional objects such as refrigerators, thermostats, watches, toys, light bulbs, cars, and Alexa-style digital assistants. The corporations who develop IoT are able to utilize a far greater depth of data than is possible from merely tracking our web browsing in regular online environments. …

An Education Theory Of Fault For Autonomous Systems, William D. Smart, Cindy M. Grimm, Woodrow Hartzog

Notre Dame Journal on Emerging Technologies

Automated systems like self-driving cars and “smart” thermostats are a challenge for fault-based legal regimes like negligence because they have the potential to behave in unpredictable ways. How can people who build and deploy complex automated systems be said to be at fault when they could not have reasonably anticipated the behavior (and thus risk) of their tools? Part of the problem is that the legal system has yet to settle on the language for identifying culpable behavior in the design and deployment for automated systems. In this article we offer an education theory of fault for autonomous systems—a new …

Santa Clara Magazine, Volume 62 Number 1, Spring 2021 [Print Issue V.61:1], Santa Clara University

Santa Clara Magazine

14 - VALUE PROPOSITION With more people going to college than ever before, how do we calculate the worth of a college degree? Lauren Loftus.

22 - HUMANITY IN THE HUMOR Santa Clara Magazine sat down with Assistance Professor Danielle Morgan to explore how laughter can be lifesaving—and life affirming. Leslie Griffy.

26 - TOMORROWLAND So really, what happens next? We chat with experts about how the pandemic could change our world as we know it. Leslie Griffy and Tracy Seipel.

32 - A BREAK Explore what you see when you step away from it all—and discover some flighty friends …

Valuation As A Challenge For Tax Administration, Leandra Lederman

Notre Dame Law Review

Valuation issues have long posed challenges for the U.S. federal tax system. This is not just because of questions about what technique will most accurately value particular types of property. A key problem for tax administration is that taxpayers have a financial incentive to claim erroneous, self-serving valuations. This Essay analyzes tax valuation through this tax compliance lens. In so doing, it highlights the importance that third parties to the taxpayer-government relationship act at arm’s length from the taxpayer. It also explains why penalties are insufficient to deter erroneous self-reported valuations. The Essay also draws on the tax compliance perspective …

Revisiting Hudson County Water Co. V. Mccarter: Realism, The Public Trust Doctrine, And Environmental Conservation In The Lochner Era, Steven Huffman

Masters Theses & Specialist Projects

Legal histories of the Gilded Age and Progressive Era tend to focus inordinately on economic regulation within a doctrinal framework in which private rights, equal protection, and “substantive” due process guided judicial decision-making. Consequently, the overarching economic context in prevailing legal historiography obscures an important yet oft-overlooked development in the linkage between public rights, natural resource trusteeship, and the early-twentieth-century environmental conservation movement. This development is inextricably tied to the evolution of water law in the late nineteenth century and the expansion of the American commercial republic. A normative understanding of public water rights during this period is confined to …

Reimagining The Duck Stamp, Hunting Licensure And Public Land Preservation, Alec Wayne Boyd-Devine

Masters Theses & Specialist Projects

The American Migratory Bird Hunting and Conservation Stamp, or Duck Stamp, is a form of licensure issued by the Federal Government for waterfowl hunters. Why do physical stamps act as licensure to hunt waterfowl on both public and private land in the United States? How did the stamp become the key that grants access to resources that supposedly should be owned by the public? The duck stamp has been well-documented in conservation communities as a resource which has made significant positive impacts on the environment. The increase of anti-hunting sentiments in our society combined with fewer hunters per capita may …

Keynote: The Digital Future Of Healthcare: Emerging Trends In Telehealth Technology, Professor Stacy Tovino, Dr. Davis Charles

Belmont Health Law Journal

No abstract provided.

Crisis, Continuity, And Change In International Investment Law And Arbitration, Valentina Vadi

Michigan Journal of International Law

The dialectic between continuity and change lies at the heart of international law, which seeks to foster peaceful, just, and prosperous relations among nations. International law endeavors to govern the future by applying, in the present, norms that are inherited from the past. Nonetheless, everything flows and in an ever-changing world, some change is needed within the international legal system to ensure its stability especially in time of crisis. Not only can crises constitute means for the development of international law, but they can test, undermine or ultimately buttress the structure of international law. This article explores the connection between …

Use Of Artificial Intelligence To Determine Copyright Liability For Musical Works, Shine Sean Tu

West Virginia Law Review

This article explores the use of Artificial Intelligence to help define the existing test for copyright infringement for musical works. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties' works are "substantially similar" to each other from the vantage point of the "ordinary observer." This "substantial similarity" test has been criticized at almost every level due to its inconsistent nature. Artificial Intelligence has evolved to the point where it can be used as a tool to resolve many of the current issues associated with the "substantial similarity" test when it comes to …

Regtech And Predictive Lawmaking: Closing The Reglag Between Prospective Regulated Activity And Regulation, John W. Bagby, Nizan G. Packin

Michigan Business & Entrepreneurial Law Review

Regulation chronically suffers significant delay starting at the detectable initiation of a “regulable activity” and culminating at effective regulatory response. Regulator reaction is impeded by various obstacles: (i) confusion in optimal level, form and choice of regulatory agency, (ii) political resistance to creating new regulatory agencies, (iii) lack of statutory authorization to address particular novel problems, (iv) jurisdictional competition among regulators, (v) Congressional disinclination to regulate given political conditions, and (vi) a lack of expertise, both substantive and procedural, to deploy successful counter-measures. Delay is rooted in several stubborn institutions, including libertarian ideals permeating both the U.S. legal system and …

Precise Punishment: Why Precise Punitive Damage Requests Result In Higher Awards Than Round Requests, Michael Conklin

Michigan Business & Entrepreneurial Law Review

Imagine a setting where someone asks two people what the temperature is outside. The first person says it is 80 °F, while the second person says it is 78.7 °F. Research regarding precise versus round cognitive anchoring suggests that the second person is more likely to be believed. This is because it is human nature to assume that if someone gives a precise answer, he must have good reason for doing so. This principle remains constant in a variety of settings, including used car negotiations, eBay transactions, and estimating the field goal percentage of a basketball player.

This Article reports …

Political Posturing Or A Move Towards "Net Nationalism?" The Legality Of A Tiktok Ban And Why Foreign Tech Companies Should Be Paying Attention, Gabrielle Supak

North Carolina Journal of Law & Technology

No abstract provided.

Taxation And Racial Injustice In South Carolina, Jordan M. Wayburn

South Carolina Law Review

No abstract provided.

Bias Preservation In Machine Learning: The Legality Of Fairness Metrics Under Eu Non-Discrimination Law, Sandra Wachter, Brent Mittelstadt, Chris Russell

West Virginia Law Review

Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various fairness and bias metrics. Often these fairness metrics address technical bias, but not the underlying cause of inequality: social bias. In this Article we make three contributions. First, we assess the compatibility of fairness metrics …

School Finance, Race, And Reparations, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole

Washington and Lee Journal of Civil Rights and Social Justice

In this article, we explain why and how school finance reform should be a part of a reparations program for Black Americans. This article proceeds in six parts. Part I explains how Black-white school funding disparities occurred during the separate-but-equal era. Part II discusses how these funding disparities have occurred in the aftermath of the Brown decision. Parts III and IV explore why school desegregation and school finance litigation, respectively, have failed to remedy these gaps. Part V lays out a reparations framework that state legislatures could adopt to provide restitution to schools and taxpayers harmed by state policies creating …

Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran

Washington and Lee Journal of Civil Rights and Social Justice

Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic has laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first will focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I will explore patterns of racial and ethnic segregation in America’s schools and how those patterns are linked to additional challenges based on socioeconomic isolation. In addition, I will consider the role of language and …