Digital Commons Network^™

Bankruptcy Minimalism, Douglas Baird

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No abstract provided.

Untangling Unreliable Citations, Margie Alsbrook

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Citations are the vernacular that the legal profession uses to communicate the precedents that underline our arguments and analysis. They are the building blocks of legal communications and legal arguments, and lawyers and judges need to be able to rely upon the accuracy of each other’s citations to work in a stabilized democracy. Democratic stability is in jeopardy due to an erosion of norms from a variety of well-documented sources, most of which are well beyond the control of the average lawyer. But lawyers and judges can control the reliability of the authority we use in our own work product, …

Solving A Sixth Amendment Crisis: The Case For Resource Parity In Georgia's Indigent Defense System, Meagan R. Hurley

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The United States criminal legal system employs what is said to be an “adversary” system—one in which opposing parties—the prosecution and the defense—present their evidence and arguments (usually in conflict with one another) to a neutral third party (a judge or jury) for adjudication. The idea behind the adversarial process is that a judge or jury is best positioned to make determinations of guilt or innocence once provided with reliable information from competent, zealous, and prepared advocates on both sides of the podium. At its core, the adversarial system is meant to function as the mechanism by which constitutional principles …

‘Les Noirs Ne Sont Pas Des Cuisiniers, C'Est Des Plongeurs!': Exploring The Lived Experience Of Migrant Cooks In Paris, Siobhán Gough, Máirtín Mac Con Iomaire

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A global shortage of chefs and cooks currently exists within the hospitality industry, exacerbated by the Covid-19 pandemic. Migrant cooks are essential to the culinary industry, yet remain relatively anonymous within the academic literature, a research gap which this original paper seeks to address. Using a phenomenological epistemology, combined with the theoretical framework of hospitality and practice theory, this qualitative research focused on investigating the lived experience of the professional lives and identities of immigrant cooks working in Paris, France, the birthplace of the restaurant. Extant literature was reviewed, and a focus group with migrant cooks explored themes within and …

Arsenic Contamination Needs Serious Attention: An Opinion And Global Scenario, Abhijnan Bhat, Kamna Ravi, Furong Tian, Singh Baljit

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Arsenic (As) contamination is a serious global concern, polluting our natural resources, including water and soil, and posing a danger to the environment and public health. Arsenic is present in the groundwater of several countries and this contaminated water is used for irrigation, drinking, and food preparation, which poses the greatest threat to public health. Nearly 106 countries are affected by groundwater arsenic contamination and an estimated 230 million individuals worldwide are exposed to its adverse health effects, including increased cancer risks, associated cardiovascular disease and diabetes, skin lesions, neurological effects, kidney damage, and foetal or cognitive-development-related complications. Arsenic is …

Systematic Regulation Of Artificial Intelligence, Yonathan Arbel, Matthew Tokson, Albert Lin

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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 …

What Is The Goal Of Health Insurance Reform?, Gabriel Scheffler

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No abstract provided.

Attributing Ai Authorship: Towards A System Of Icons For Legal And Ethical Disclosure, Joseph J. Avery, Patricia S. Abril, Alissa Del Riego

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Over the past year, the pervasive role of large language models (LLMs) and artificial intelligence (Al) in text generation has precipitated concerns about ethical usage, authorship, and transparent attribution. This has been true in legal practice, academia, and the corporate world, as well as in countless other arenas. In this Article, we identify the gap that has opened between those demanding proper disclosure (we should know when and to what extent Al is an author) and those struggling to respond to these demands. Part of the problem is that there is no system in place, no lingua franca, no set …

The Submerged Administrative State, Gabriel Scheffler, Daniel E. Walters

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The United States government is experiencing a reputation crisis: after decades of declining public trust, many Americans have lost confidence in the government's capacity to perform its basic functions. While various explanations have been offered for this worrying trend, these existing accounts overlook a key factor: people are unfamiliar with the institutions that actually do most of the governing-administrative agencies-and they devalue what they cannot easily observe. The "submerged" nature of the administrative state is, we argue, a central reason for declining trust in government.

This Article shows that the administrative state is systematically submerged in two ways. First, administrative …

Reflections On Corporate Governance At Work, Margaret Blair, Matthew Bodie, June Carbone, Scott Dewey, George S. Georgiev, Grant Hayden, Claire Hill, Brett Mcdonnell, Sanjukta Paul, Silvie Rohr, Natalya Shnitser, Aaron Sojourner, Alvin Velazquez

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No abstract provided.

Truth Bounties: A Market Solution To Fake News, Yonathan A. Arbel, Michael D. Gilbert

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False information poses a threat to individuals, groups, and society. Many people struggle to judge the veracity of the information around them, whether that information travels through newspapers, talk radio, TV, or social media. Concerned with the spread of misinformation and harmful falsehoods, much of the policy, popular, and scholarly conversation today revolves around proposals to expand the regulation of individuals, platforms, and the media. While more regulation may seem inevitable, it faces constitutional and political hurdles. Furthermore, regulation can have undesirable side effects and be ripe for abuse by powerful actors, public and private.

This Article presents an alternative …

Locating Liability For Medical Ai, W. Nicholson Price Ii, I. Glenn Cohen

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When medical AI systems fail, who should be responsible, and how? We argue that various features of medical AI complicate the application of existing tort doctrines and render them ineffective at creating incentives for the safe and effective use of medical AI. In addition to complexity and opacity, the problem of contextual bias, where medical AI systems vary substantially in performance from place to place, hampers traditional doctrines. We suggest instead the application of enterprise liability to hospitals—making them broadly liable for negligent injuries occurring within the hospital system—with an important caveat: hospitals must have access to the information needed …

The Right To Remove In Agency Adjudication, Christopher J. Walker, David Zaring

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In SEC v. Jarkesy, the Supreme Court will decide the constitutional future of agency adjudication, especially in the context of agency enforcement actions and the imposition of civil penalties. If the Court agrees with the Fifth Circuit on any of its three independent reasons for unconstitutionality, agency enforcement and adjudication schemes across the federal regulatory state will be severely disrupted, in ways that are detrimental to both the regulator and the regulated. In this Essay, we propose a path forward: In certain circumstances, the regulated party should have a right to remove an enforcement action from an in-house agency adjudication …

Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff

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Thank you all for coming today. This is, I think, a really important topic. Important enough that the conference has decided to have two talks on the same topic, and Mark will be presenting on this in the next session, too. I plan on attending because I don’t think you can get enough perspectives on it right now. And hearing this information, I had to attend several talks myself before I really digested it and understood what this was all about. So, I hope that I can give you a little bit of that today. My name is Kristen Wolff. …

The Radical Challenge To The Antitrust Order, Daniel A. Crane

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The U.S. antitrust order is undergoing a radical challenge along three key dimensions. First, the challengers seek to denaturalize markets and replace a commitment to competition with an anti-domination norm. Second, the challengers seek to dramatically alter institutional arrangements, with Congressional legislation and agency rulemaking replacing antitrust's longstanding commitment to judicial common law incrementalism. Finally, the challengers would replace the antitrust order's preferred juridical approach-open-ended rule of reason analysiswith a return to bright-line prohibitory rules and a related demotion of economists as decision-makers. Each of these challenges entails significant consequences, many of them unintended, counter-productive, or perverse. Contrary to the …

Two Takes On Administrative Change From The Roberts Court, Daniel Deacon, Leah Litman

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In Loper Bright Enterprises v. Raimondo, the Supreme Court finally did what many long hoped (or feared) it would do: overrule Chevron v. Natural Resources Defense Council. Chevron instructed courts to defer to an agency’s interpretation of an ambiguous statutory provision, provided the interpretation was reasonable. Chevron, according to Justice Kagan, had “served as a cornerstone of administrative law” and “the warp and woof of modern government, supporting regulatory efforts of all kinds—to name a few, keeping air and water clean, food and drugs safe, and financial markets honest.” Not surprisingly, statutes governing such matters contain quite a number of …

A Methodological Framework For Exploring Sme Finance With Safe Data, Marie Finnegan, Lucía Morales, Atlantic Technological University

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Research on small and medium-sized enterprises (SMEs) access to bank finance is vital for the euro area economy. SMEs heavily represent the European business sector, employing around 100 million people and accounting for more than half of the Gross Domestic Product. Research studies in the field often rely on the ECB/EC Survey on the Access to Finance of Enterprises (SAFE). Many studies employ probit or logit models with categorical dependent variables derived from SAFE. The research findings show that hardly any study employs the simpler linear probability model (LPM), with a dominant lack of research providing evidence that justifies the …

What Is The Best Candidate For A Post-Moore Constitutional Challenge?, Reuven S. Avi-Yonah

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On December 5, 2023, the Supreme Court heard oral arguments in Moore, the case challenging the constitutionality of the mandatory repatriation tax enacted in 2017 (section 965). Most of the justices' questions focused on the potential collateral consequences from requiring realization as a constitutional matter, and the majority seemed inclined to avoid the constitutional issue by focusing on the fact that the income in Moore was realized and that section 965 simply followed a long list of precedents by attributing this corporate income to shareholders in a closely held corporation.

Generalised Zero-Shot Learning For Action Recognition Fusing Text And Image Gans, Kaiqiang Huang, Susan Mckeever, Luis Miralles-Pechuán

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Generalized Zero-Shot Action Recognition (GZSAR) is geared towards recognizing classes that the model has not been trained on, while still maintaining robust performance on the familiar, trained classes. This approach mitigates the need for an extensive amount of labeled training data and enhances the efficient utilization of available datasets. The main contribution of this paper is a novel approach for GZSAR that combines the power of two Generative Adversarial Networks (GANs). One GAN is responsible for generating embeddings from visual representations, while the other GAN focuses on generating embeddings from textual representations. These generated embeddings are fused, with the selection …

Neural Correlates Of Audiovisual Narrative Speech Perception In Children And Adults On The Autism Spectrum: A Functional Magnetic Resonance Imaging Study, Lars A. Ross, Sophie Molholm, John S. Butler, Victor A. Del Bene, Tufikameni Brima, John J. Foxe

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Autistic individuals show substantially reduced benefit from observing visual articulations during audiovisual speech perception, a multisensory integration deficit that is particularly relevant to social communication. This has mostly been studied using simple syllabic or word-level stimuli and it remains unclear how altered lower-level multisensory integration translates to the processing of more complex natural multisensory stimulus environments in autism. Here, functional neuroimaging was used to examine neural correlates of audiovisual gain (AV-gain) in 41 autistic individuals to those of 41 age-matched non-autistic controls when presented with a complex audiovisual narrative. Participants were presented with continuous narration of a story in auditory-alone, …

Machine Vs Machine: Large Language Models (Llms) In Applied Machine Learning High-Stakes Open-Book Exams, Keith Quille, Csanad Alattyanyi, Brett A. Becker, Róisín Faherty, Damian Gordon, Miriam Harte, Svetlana Hensman, Markus Hofmann, Jorge Jiménez García, Anthony Kuznetsov, Conrad Marais, Keith Nolan, Cianan Nicolai, Ciarán O'Leary, Andrzej Zero

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There is a significant gap in Computing Education Research (CER) concerning the impact of Large Language Models (LLMs) in advanced stages of degree programmes. This study aims to address this gap by investigating the effectiveness of LLMs in answering exam questions within an applied machine learning final-year undergraduate course. The research examines the performance of LLMs in responding to a range of exam questions, including proctored closed-book and open-book questions spanning various levels of Bloom's Taxonomy. Question formats encompassed open-ended, tabular data-based, and figure-based inquiries. To achieve this aim, the study has the following objectives: Comparative Analysis: To compare LLM-generated …

Dobbs And Democracy, Melissa Murray, Katherine A. Shaw

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In Dobbs v. Jackson Women’s Health Organization, Justice Alito justified the decision to overrule Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey with an appeal to democracy. He insisted that it was “time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” This invocation of democracy had undeniable rhetorical power: it allowed the Dobbs majority to lay waste to decades’ worth of precedent, while rebutting charges of judicial imperialism and purporting to restore the people’s voices. This Article interrogates Dobbs’s claim to vindicate principles of democracy, examining both the intellectual pedigree …

Antisocial Innovation, Christopher Buccafusco, Samuel N. Weinstein

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Innovation is a form of civic religion in the United States. In the popular imagination, innovators are heroic figures. Thomas Edison, Steve Jobs, and (for a while) Elizabeth Holmes were lauded for their vision and drive, and seen to embody the American spirit of invention and improvement. For their part, politicians rarely miss a chance to trumpet their vision for boosting innovative activity. Popular and political culture alike treat innovation as an unalloyed good. And the law is deeply committed to fostering innovation, spending billions of dollars a year to make sure society has enough of it. But this sunny …

Making Sense Of Abatement As A Tort Remedy, Anthony J. Sebok

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Controversy over public nuisance in recent high profile cases invites the question of whether, and to what extent, it is limited by its roots in tort law. This article, which was prepared for the 2023 Clifford Symposium on “New Torts” focuses on causes of action in which the state seeks to enjoin the defendant by requiring that it abate the consequences of the invasion of a public right. In the most controversial of these public nuisance actions, such as lead paint and opioids, the wrongful conduct that is remedied by the injunctive relief has already ceased, and the state does …

Situating The Modern Public Trust Doctrine In Trust Law: The Duty Of Loyalty And The Case For Bifurcated, De Novo Judicial Review, Edward A. Zelinsky

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This article situates the modern public trust doctrine (PTD) in contemporary trust law. Grounding the PTD in trust law leads to two important corollaries. First, the PTD planted in trust law imposes upon government actors and agencies trust law’s fiduciary duty of loyalty. In the context of the PTD, that duty of loyalty runs to the public as the beneficiary of the PTD. Second, faced with plausible claims that this fiduciary duty of loyalty to the public has been violated, courts should apply trust law’s de novo standard of review to those administrative and legislative decisions alleged to impair public …

Murder On The Chapter 13 Express, David G. Carlson

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In Mortgage Corp. of the South v. Bozeman (2023), the Eleventh Circuit Court of Appeals ruled that a confirmed chapter 13 plan was unworthy of res judicata respect. In so ruling, it held itself not bound by the Supreme Court’s super-finality opinion in United Student Aid Funds v. Espinosa. The Eleventh Circuit thought that it was preventing the chapter 13 plan from “murdering” the home mortgage. In reality, the plan was lawful and upheld payment in full of the mortgage. The debtor was actually trying to end the plan early before the mortgage was paid. The Bozeman court should have …

A Model Defense Of Due Process Balancing, Kyron J. Huigens

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Judicial balancing has been subjected to a standard list of objections for decades, without anyone's offering a comprehensive and persuasive response. This Article fills that gap. Balancing is not embedded in an invidious instrumentalism, such as utilitarianism, that saps law of its moral salience; it does not depend on the quantification or commensuration of manifestly qualitative legal interests; it is not arbitrary, result-oriented, or mere opinion; it does not invade the province of the legislature; and--most importantly--it does not risk balancing constitutional rights away by treating them as mere interests.

The defense consists of a model. Models do not prove; …

Impact Of Population Aging On Future Temperature-Related Mortality At Different Global Warming Levels, Multi-Country Multi-City (Mcc) Collaborative Network, Patrick Goodman

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Older adults are generally amongst the most vulnerable to heat and cold. While temperature-related health impacts are projected to increase with global warming, the influence of population aging on these trends remains unclear. Here we show that at 1.5 °C, 2 °C, and 3 °C of global warming, heat-related mortality in 800 locations across 50 countries/areas will increase by 0.5%, 1.0%, and 2.5%, respectively; among which 1 in 5 to 1 in 4 heat-related deaths can be attributed to population aging. Despite a projected decrease in cold-related mortality due to progressive warming alone, population aging will mostly counteract this trend, …

A Comparative Study On Feature Extraction Techniques For The Discrimination Of Frontotemporal Dementia And Alzheimer's Disease With Electroencephalography In Resting-State Adults, Utkarsh Lal, Arjun Vinayak Chikkankod, Luca Longo

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Early-stage Alzheimer's disease (AD) and frontotemporal dementia (FTD) share similar symptoms, complicating their diagnosis and the development of specific treatment strategies. Our study evaluated multiple feature extraction techniques for identifying AD and FTD biomarkers from electroencephalographic (EEG) signals. We developed an optimised machine learning architecture that integrates sliding windowing, feature extraction, and supervised learning to distinguish between AD and FTD patients, as well as from healthy controls (HCs). Our model, with a 90% overlap for sliding windowing, SVD entropy for feature extraction, and K-Nearest Neighbors (KNN) for supervised learning, achieved a mean F1-score and accuracy of 93% and 91%, 92.5% …

A Scholarly Judge: The Honorable William Holcombe Pryor Jr., Kenneth M. Rosen

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No abstract provided.