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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 …

Establishing Marine Protected Areas In The Southern Ocean, Lessons For The Bbnj Agreement, Nengye Liu

Research Collection Yong Pung How School Of Law

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a …

Offsetting, Paul Govind, Donna Houston, Michelle Mei Ling Lim, Andrew Mcgregor, Emily O'Gormon, Sandie Suchet-Pearson, Jonathan Symons

Research Collection Yong Pung How School Of Law

In Australia, the State of the Environment 2021 report (hereafter, SOE) revealed an unprecedented rate of biodiversity loss. 1 Yet development projects that will reduce biodiversity further continue to receive legal approval. Indeed, shortly after the release of the report, a new outer ring road was approved for construction in the state of Western Australia. 2 Land clearing undertaken as part of the project will result in significant loss of existing habitat for critically endangered western ringtail possums and endangered black cockatoos. This destruction was legitimized through the state government’s commitment to undertake “biodiversity offsetting,” whereby the loss of possum …

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 …

Enforcing Intentional Motherhood: The Harrowing Consequences Arising From The Inconsistency Of Statutes Regarding Surrogacy, And How The Enforcement Of Surrogacy Contracts Is The Answer, Meena Hatab

Global Business Law Review

This Note discusses how the practice of commercial surrogacy is treated across the United States. Most notably, how the courts treat surrogacy contracts from state to state. A summary of how Canada views the practice of surrogacy will provide a general view into how the view of the practice is different across borders. It will be discovered that, while there is a federal law governing surrogacy in Canada, there is no federal law in either country that enforce surrogacy contracts or treat surrogacy contracts as valid contract between two adult parties. This is due to the preconceived notions of what …

Medical Aid In Dying (Maid): A Comparative Analysis Of Domestic And International Approaches To This Controversial Subject, Shaini Gofman

Global Business Law Review

This Note analyzes the Medical Aid in Dying (MAID) structures in various countries involving their eligibility criteria, application, and potential consequences. Section II analyzes MAID in the United States. Part A discusses the background and evolution of MAID laws in the United States on both a federal and state level. Part B is a multi-part analysis of the suggested expanded definition of terminal illness. Argument 1 evaluates the concept of the value of and respect for life; this is a threshold matter which will be the basis for the central arguments in this Note. Argument 2 explores the relationship between …

The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie

Public Land & Resources Law Review

No abstract provided.

Co-Stewardship In Practice: Yellowstone Bison, Patrick J. White

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Petitioner, Eames Armstrong, E. C. Bell

Public Land & Resources Law Review

No abstract provided.

Exemplary Brief For Respondent, Skylee James, Lauren Bretz

Public Land & Resources Law Review

No abstract provided.

Jammed Locker: How The Eleventh Circuit's Decision In Adams V. School Board Of St. Johns County May Jam Up Transgender Students’ Rights, Erin Wilson

Villanova Law Review (1956 - )

No abstract provided.

Contributing Author Biographies, Editorial Team

Florida Atlantic University Undergraduate Law Journal

No abstract provided.

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 …

Arizona V. Navajo Nation And Systemic Failures In The Tribal Water Allocation Scheme, Jennifer Horkovich

Fordham Environmental Law Review

When the United States Supreme Court’s decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court’s ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation’s water rights under the 1868 Treaty.1 The Court was clear: the treaty is insufficient for the Navajo’s current water needs, but the judiciary is unable to step in to find relief.2 This decision is another in a long series of cases on water allocation and the federal reserved water right, where tribes have been unable to …

When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity, And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi

Duke Environmental Law & Policy Forum

No abstract provided.

Problems With Authority, Amy J. Griffin

St. John's Law Review

(Excerpt)

Judicial decision-making rests on a foundation of unwritten rules—those that govern the weight of authority. Such rules, including the cornerstone principle of stare decisis, are created informally through the internal social practices of the judiciary. Because weight-of-authority rules are largely informal and almost entirely unwritten, we lack a comprehensive account of their content. This raises serious questions—sounding in due process and access to justice—about whether judicial decision-making rests ultimately on judges’ arbitrary and unexamined preferences rather than transparent and deliberative processes. These norms of authority are largely invisible to many, including parties appearing before the courts. They govern the …

American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood

University Honors Theses

American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter's presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism's fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …

Legal Education And The Threat Response, Jane Mitchell

The Journal of Law Teaching and Learning

Law students struggle with disproportionately high rates of depression, anxiety, addiction, and disconnection. This paper offers a novel explanation for these negative outcomes that thus far has been absent from conversations on the subject: Law schools fuel students’ sense of threat. According to psychology’s well-established cognitive appraisal model, students “appraise” stressful situations as either challenging or threatening. Educational environments appraised as threatening consistently lead to negative outcomes—lower student performance, decreased student engagement, and increased anxiety. Situations appraised as challenging lead to positive outcomes—improved academic performance, increased participation, and better overall health.

Law schools facilitate students’ threat response rather than a …

An Empirical Study Of The Relationship Between Metacognitive Skills, Performance In A Bar Prep Course And Bar Passage, Jennifer A. Gundlach, Jessica R. Santangelo

The Journal of Law Teaching and Learning

This article builds on our prior research about metacognition and its importance for law students’ learning. We hypothesized that given our past findings about the relationship between metacognition and academic performance during the first year of law school, it was possible that metacognition might also play an important role in success with a third-year bar preparation course and/or on the bar exam.

Our current study documents law students’ metacognitive skills during a final-semester bar prep course and examines the relationship between those students’ metacognitive skills and performance in the course and bar passage. We found that students are capable of …

A Model For Understanding Cedaw’S Impact On Implementing Gender Equality Reforms: Lessons From Canada And India, Amanda L. Stephens

Cleveland State Law Review

This Article provides a model for examining the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) on implementing gender equality reforms using Canada and India, two CEDAW State Parties, as case studies. It also explores the influence of heteropatriarchy, deeply-rooted cultural norms perpetuating gender inequality, on hindering CEDAW’s ratification in the United States, as well as CEDAW’s effectiveness in implementing reforms in Canada and India. The analysis showcases how non-governmental organizations (“NGOs”) in these countries have nevertheless achieved limited successes through their mobilization of CEDAW to address specific gender injustices, such as gender …

Hearing Before The United States Senate Committee On The Judiciary Subcommittee On Federal Courts, Oversight, Agency Actions, And Federal Rights, O. Carter Snead

Congressional Testimony

O. Carter Snead, the Charles E. Rice Professor of Law and director of the de Nicola Center for Ethics and Culture at the University of Notre Dame, offered expert testimony on Wednesday (June 12) before the U.S. Senate Committee on the Judiciary on “Crossing the Line: Abortion Bans and Interstate Travel for Care After Dobbs.”

Originally posted by the United States Senate Committee on the Judiciary.

40 Years After The Moratorium On Commercial Whaling: Assessing The Competence Of The International Whaling Commission To Confront Critical Threats To Cetaceans, Chris Wold

Pace International Law Review

With Japan’s withdrawal from the International Convention for the Regulation of Whaling (ICRW), no member of the International Whaling Commission (IWC) hunts whales commercially except by objection or reservation, thus intensifying the debate over what the IWC should do and what it may do. For decades, some IWC members have questioned the mandate of the IWC to manage small cetaceans, regulate whaling in coastal State exclusive economic zones, and make recommendations concerning entanglement, bycatch, and other threats to whale conservation. An analysis of the ordinary meaning of the ICRW and the practice of the IWC shows that the IWC has …

Building Climate Resilience With Local Tools, Shelley Saxer

Georgia Law Review

The first Earth Day on April 22, 1970, celebrated the grassroots environmental movement that began in the ‘60s and early ‘70s and ushered in the creation of a new legal framework for controlling pollution and addressing environmental concerns in the United States. However, more than fifty years later, some experts fear that the environmental progress achieved during the ‘70s and ‘80s has begun to stall as the United States and other nations experience broad economic hardship and must shift their focus to more immediate concerns. Therefore, even as the damaging effects of climate change threaten communities across the globe, the …

Thriving In Theory, Missing The Mark: U.S. Organic Farming IndustryʼS Systemic Malfunctions And How Danish Organic Farming Policy Could Help Solve These Issues, Bailey Webster

San Diego Journal of Climate & Energy Law

Section one of this Article explains the overall framework of the U.S. organic farming industry, including certification, labeling, education, and funding. Section two explains the background and structure of Danish organic farming, administered by the Ministry of Food, Agriculture, and Fisheries of Denmark. Section three addresses and analyzes current issues afflicting the U.S. organic farming industry. Section four explores a prominent organic farming case, Center for Food Safety v. Perdue. Additionally, this Article details the comparison between the U.S. and Danish organic farming policies that are most relevant to issues in the U.S. industry. Lastly, and most importantly, this …

A Major Question For Antipollution Policy: Artificial Intelligence Regulation In The Wake Of West Virginia V. E.P.A., David Collins

San Diego Journal of Climate & Energy Law

This Comment proceeds in three parts. Part I traces the development of the Major Questions Doctrine. Under the “old” doctrine, the key determinations that an agency’s ruling was major were (1) policy novelty and (2) policy economic impact. After using these factors to find an agency’s rule to be major, the Court would then independently interpret the statute the agency claimed authority from. The “new” Major Questions Doctrine departs from this previous rationale. Although the Court still considers (1) policy novelty, under this scheme, the Court further assesses (2) the political significance or controversial nature of policy in question and …

Empowering Family Forestland Owners To Reduce Wildfire Risk, Tom Lininger

Georgia Law Review

Wildfire risk is growing in the forested portion of the Wildland-Urban Interface, especially in the Western United States. Some commentators have suggested that the time has come for measures that would reduce the human presence in this area. In certain circumstances, however, family forestland owners have a salutary effect on forest resiliency. The attempt to exclude family forestland owners would create more problems than it would solve. A better strategy would be to assist family forestland owners in fireproofing their residences and improving the health of their forests.

Resilient Forest Management And Climate Change, Blake Hudson

Georgia Law Review

Climate change threatens the very existence of the world’s forests as temperature increases outpace forests’ ability to adapt. Society must implement adaptation policies aimed at making forests more resilient. This Article describes how we can better manage for more resilient forests by first detailing some of the scientific and policy complexity affecting our ability to do so. The Article then details the primary adaptation solutions for creating greater forest resiliency (reducing fire risk and integrating more climate resilient species into forests), some of the impediments to implementing those solutions (federalism, geographic and ecological differences in forests, and scientific unknowns), and …

Review On Illegal Wildlife Trade Provisions In Indonesia: Cost-Benefit Analysis And Law Enforcement, Adrianus Eryan

Indonesian Journal of International Law

Illegal wildlife trade is a crime that is rarely systematically exposed and difficult to investigate but generates extraordinary profits. As a one of mega biodiversity country in the world, Indonesia is an easy target for illegal wildlife trade. Unfortunately, existing law enforcement practices still need to be improved. There are at least two supporting factors enabling the wildlife crime: inadequate normative legal basis and weak law enforcement resulting from the high cost of crimes. The research is carried out through a series of theoretical frameworks of cost-benefit analysis and criticisms regarding ideal law enforcement practices through various court decisions. At …

Not Your Mother’S Marriage: Utilizing Intergenerational Trauma-Informed Divorce Mediation To Discourage Unhealthy Relational Cycles In Children Of Divorce, Abigail Davis

Pepperdine Dispute Resolution Law Journal

This article discusses how divorce mediators can discourage cycles of broken relationships and reduce a child’s likelihood of experiencing intergenerational trauma as a result of the dissolution of their parents’ marriage. Divorce mediators must become knowledgeable about the impact of intergenerational trauma and the most favorable mediation outcomes for the wellbeing of the children involved. This includes encouraging families into an optimal settlement, referring parties to important resources for proactive parenting, making necessary mental health referrals, and enhancing the lives of children experiencing divorce. A mediator well-equipped with a strong referral system and cross-disciplinary knowledge of social, emotional, and behavioral …