Digital Commons Network^™

Constructing Ai Speech, Margot E. Kaminski, Meg Leta Jones

Publications

Artificial Intelligence (AI) systems such as ChatGPT can now produce convincingly human speech, at scale. It is tempting to ask whether such AI-generated content “disrupts” the law. That, we claim, is the wrong question. It characterizes the law as inherently reactive, rather than proactive, and fails to reveal how what may look like “disruption” in one area of the law is business as usual in another. We challenge the prevailing notion that technology inherently disrupts law, proposing instead that law and technology co-construct each other in a dynamic interplay reflective of societal priorities and political power. This Essay instead deploys …

Chatgpt, Ai Large Language Models, And Law, Harry Surden

Publications

This Essay explores Artificial Intelligence (AI) Large Language Models (LLMs) like ChatGPT/GPT-4, detailing the advances and challenges in applying AI to law. It first explains how these AI technologies work at an understandable level. It then examines the significant evolution of LLMs since 2022 and their improved capabilities in understanding and generating complex documents, such as legal texts. Finally, this Essay discusses the limitations of these technologies, offering a balanced view of their potential role in legal work.

Trans Animus, Scott Skinner-Thompson

Publications

No abstract provided.

Introduction To The Symposium On Rabiat Akande, "An Imperial History Of Race-Religion In International Law", S. James Anaya, Adrien K. Wing

Publications

No abstract provided.

Protecting Water, Sustaining Communities: Transforming Groundwater Management Entities Into Sources Of Power During And After Environmental Crises, Sarah Matsumoto

Publications

No abstract provided.

The Significance Of The Un Declaration On The Rights Of Indigenous Peoples, S. James Anaya

Publications

No abstract provided.

Valuing Social Data, Amanda Parsons, Salome Viljoen

Publications

Social data production—accumulating, processing, and using large volumes of data about people—is a unique form of value creation that characterizes the digital economy. Social data production also presents critical challenges for the legal regimes that encounter it. This Article provides scholars and policymakers with the tools to comprehend this new form of value creation through two descriptive contributions. First, it presents a theoretical account of social data, a mode of production that is cultivated and exploited for two distinct (albeit related) forms of value: prediction value and exchange value. Second, it creates and defends a taxonomy of three “scripts” that …

Barring Judicial Review, Laura E. Dolbow

Publications

Whether judicial review is available is one of the most hotly contested issues in administrative law. Recently, laws that prohibit judicial review have sparked debate in the Medicare, immigration, and patent contexts. These debates are continuing in challenges to the recently created Medicare price negotiation program. Yet despite debates about the removal of judicial review, little is known about how often, and in what contexts, Congress has expressly precluded review. This Article provides new insights about express preclusion by conducting an empirical study of the U.S. Code. It creates an original dataset of laws that expressly preclude judicial review of …

Dissenting Opinion?, Richard B. Collins

Publications

Johnson v. M'Intosh is important for its extensive description of the racist Doctrine of Discovery. But its holding had no bearing on legal rights of American Indian nations. The opinion's articulation of tribal rights to land ownership and retained sovereignty were correctly stated.

The Cycle Of Delegitimization: Lessons From Dred Scott On The Relationship Between The Supreme Court And The Nation, Jonathon J. Booth

Publications

This Article examines how Chief Justice Taney’s opinion in Dred Scott v. Sandford sparked a cycle of delegitimization that parallels contemporary debates about the Supreme Court’s legitimacy crisis. Part I explicates how one family’s fight for freedom in Missouri reached the Supreme Court, the resulting radical decision, and the nation’s reaction to show the initial stages of this cycle.

Part II examines the impact of Dred Scott on politics and law during the James Buchanan administration (1857–1861). During this period, the federal government, Southern states, and some Western territories swiftly implemented the decision, for example by expelling free Black residents. …

Defining "Healthy" On Food Labels: One Step Forward, Two Steps Back, Alexia Brunet Marks

Publications

Few definitions of the mid-twentieth century have survived into the twenty-first century. It is worth asking, then, why the definition of "health," articulated seventy-five years ago by the World Health Organization, has endured into the present. The 1948 definition reads as follows: "[h]ealth is a state of complete physical, mental[,] and social well-being and not merely the absence of disease or infirmity." Aspirational in tone, the definition resonates with the surge among consumers towards healthier foods and overall well-being. However, in addition to wartime and pandemic concerns, today's threats to achieving "health" include climate change and a rise in diet-related …

Climate Risk, Insurance Retreat, And State Response, Mark Nevitt, Michael Pappas

Publications

Climate change is fundamentally destabilizing the private insurance industry, with many high-profile insurance companies exiting states in the face of catastrophic, climate-induced risk. This rapid “insurance retreat” represents a major market signal in response to climate-exacerbated risks. Private businesses are making actuarial decisions, assessing that some locations are just too vulnerable to insure. At the same time, this insurance retreat also poses a policy challenge for states as they react to the mounting insurance gaps left by exiting private insurers.

This Article analyzes insurance retreat, its attendant policy challenges, and the lessons that can be drawn from state responses. It …

Reflections On The Implied Covenant Of Good Faith And Fair Dealing Under Delaware Law: The Case Of Sandbagging, Mark J. Loewenstein

Publications

No abstract provided.

Zoom As An In-Person Learning Platform, Sloan G. Speck

Publications

During the COVID-19 pandemic, an unprecedented shift to remote learning spurred many legal educators to reassess their pedagogical norms and practices. These reassessments were enabled, in part, by the widespread adoption and acceptance of videoconferencing software, most notably Zoom, that accelerated from March of 2020. Zoom’s catalytic effect on pedagogy belies the fact that no single aspect of Zoom, by itself, is particularly pathbreaking. What is revolutionary, however, is how Zoom bundles diverse functionalities into a coherent package.

By recasting Zoom as a bundle of classroom functionalities--as an in-person learning platform--this Article presents a novel use case for Zoom in …

Abortions, Location Data, And The Fourth Amendment: Geofence Warrants In A Post-Roe World, Marlaina Pinto

Colorado Technology Law Journal

No abstract provided.

The Myth Of Scarcity In The Broadcasting Sector - And What It Means For Platform Regulation, Pauline Trouillard

Colorado Technology Law Journal

No abstract provided.

Blockchain Wakes: Balancing The Light And Dark Sides Of Blockchain Through Global Regulation, Harley Mewha

Colorado Technology Law Journal

No abstract provided.

Considering The Price-Anderson Act's Federal Public Liability Action Provisions In The Future Of Nuclear Fusion Power, Pearle M. Lipinski

Colorado Technology Law Journal

No abstract provided.

Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Editor's Note, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Front Matter, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Amicus (Fall 2023), University Of Colorado Law School

Amicus

Issue at a glance:

• Reflects on the 44-year career of Professor Mark Loewenstein
• Highlights the latest books by Colorado Law faculty
• Introduces new Colorado Law faculty
• Korey Wise Innocence Project Clients Wins Freedom
• Shares stories of philanthropy
• Recognizes milestones and successes of Colorado Law alumni

Walling Off Privacy: Apple's Neuralhash Controversy, The Ecpa, The Fourth Amendment, And Encryption, Gabriel J. Rudin

Colorado Technology Law Journal

No abstract provided.

Reversing Privacy Risks: Strict Limitations On The Use Of Communications Metadata And Telemetry Information, Susan Landau, Patricia Vargas Leon

Colorado Technology Law Journal

No abstract provided.

2022 Spectrum Policy Initiative Conference Outcomes Report, Braham Stevenson, Jackson Mcneal, Sean Harms, Xelef Botan

Colorado Technology Law Journal

No abstract provided.

Keynote Address By The Assistant Director For Spectrum Telecom Policy At The White House Office Of Science And Technology Policy, Austin Bonner

Colorado Technology Law Journal

No abstract provided.

Keynote Address By Julius Silver Professor Of Law, Science Technology From Columbia Law School, Tim Wu

Colorado Technology Law Journal

No abstract provided.

Keynote Address By Member Of The U.S. Senate From Colorado-Social Media And Democracy, Michael Bennet

Colorado Technology Law Journal

No abstract provided.

Contents, Colorado Technology Law Journal

Colorado Technology Law Journal

No abstract provided.

Successful Collaborations Between Indigenous Activists And Academic Linguists: How The International Year Of The Indigenous Languages Led To Three Projects For The International Decade Of The Indigenous Languages, Andrew Cowell, Shannon Bischoff, Monica Macauley, Doug Whalen

Colorado Environmental Law Journal

No abstract provided.