Digital Commons Network^™

Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman

Articles

This article suggests that legislatures amend existing law to create a new legal category of "computer driver" to allow a plaintiff to make a negligence claim against an automated vehicle manufacturer for loss proximately caused by any negligent driving behavior exhibited by the driving automation systems which it produced. Creating this new legal category will allow a status quo approach to attribution and allocation of liability, including permitting defendants to take advantage of contributory negligence and comparative fault rules. Creation of the category also allows for continued functioning of the structure of our existing liability laws and regulations for motor …

Chatgpt, Esq.: Recasting Unauthorized Practice Of Law In The Era Of Generative Ai, Joseph J. Avery, Patricia S. Abril, Alissa Del Riego

Articles

In March of 2023, OpenAI released GPT-4, an autoregressive language model that uses deep learning to produce text. GPT-4 has unprecedented ability to practice law: drafting briefs and memos, plotting litigation strategy, and providing general legal advice. However, scholars and practitioners have yet to unpack the implications of large language models, such as GPT-4, for long-standing bar association rules on the unauthorized practice of law ("UPL"). The intersection of large language models with UPL raises manifold issues, including those pertaining to important and developing jurisprudence on free speech, antitrust, occupational licensing, and the inherent-powers doctrine. How the intersection is navigated, …

Policing Protest: Speech, Space, Crime, And The Jury, Jenny E. Carroll

Articles

Speech is more than just an individual right-it can serve as a catalyst for democratically driven revolution and reform, particularly for minority or marginalized positions. In the past decade, the nation has experienced a rise in mass protests. However, dissent and disobedience in the form of such protests is not without consequences. While the First Amendment promises broad rights of speech and assembly, these rights are not absolute. Criminal law regularly curtails such rights - either by directly regulating speech as speech or by imposing incidental burdens on speech as it seeks to promote other state interests. This Feature examines …

The (Tax) Policy Entrepreneur, Mirit Eyal-Cohen

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No abstract provided.

The Not-So-Standard Model: Reconsidering Agency-Head Review Of Administrative Adjudication Decisions, Rebecca S. Eisenberg, Nina A. Mendelson

Articles

The Supreme Court has invalidated multiple legislative design choices for independent agency structures in recent years, citing Article II and the need for political accountability through presidential control of agencies. In United States v. Arthrex, Inc., the Court turned to administrative adjudication, finding an Appointments Clause violation in the assignment of certain final patent adjudication decisions to appellate panels of unconfirmed administrative patent judges. As a remedy, a different majority declared unenforceable a statutory provision that had insulated Patent and Trademark Office (PTO) administrative adjudication decisions from political review for almost a century. The Court thereby enabled the politically appointed …

How Not To Lie: A Don't-Do-It-Yourself Guide For Litigators, Leonard Niehoff

Articles

Over the past few years, a number of high-profile attorneys have been sanctioned or suspended from the practice of law because they lied. The instance that probably received the greatest media attention came in June of 2021, when the Appellate Division of the Supreme Court of the State of New York ordered the immediate suspension of Rudy Giuliani’s license because he had made demonstrably false statements to the courts, lawmakers, and the public at large concerning the 2020 presidential election. In a 33- page opinion, the court considered the arguments Giuliani raised in his defense but concluded that his pants …

Enforcing Equity Joyce A. Hughes: A Celebration, Daiquiri J. Steele

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No abstract provided.

The Gross Injustices Of Capital Punishment: A Torturous Practice And Justice Thurgood Marshall’S Astute Appraisal Of The Death Penalty’S Cruelty, Discriminatory Use, And Unconstitutionality, John D. Bessler

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Through the centuries, capital punishment and torture have been used by monarchs, authoritarian regimes, and judicial systems around the world. Although torture is now expressly outlawed by international law, capital punishment—questioned by Quakers in the seventeenth century and by the Italian philosopher Cesare Beccaria and many others in the following century—has been authorized over time by various legislative bodies, including in the United States. It was Beccaria’s book, Dei delitti e delle pene (1764), translated into French and then into English as An Essay on Crimes and Punishments (1767), that fueled the still-ongoing international movement to outlaw the death penalty. …

Informationalism Beyond Managerialism, Salome Viljoen

Articles

It is now commonplace to observe that digital platforms are both affecting and reshaping markets. The focus of this Article is not the anticompetitive effects of digital platforms upon the markets they enter. It instead focuses on digital platforms themselves as market mechanisms. Information—especially datafied information about people and their behavior—and information technologies have transformed how many markets function in the digital economy. Markets have become market machines: highly engineered and computationally intensive market-like mechanisms that make up a key layer of technological infrastructure within digital platforms.

Understanding And Predicting Cognitive Improvement Of Young Adults In Ischemic Stroke Rehabilitation Therapy, Helard Becerra Martinez, Katryna Cisek, Alejandro Garcia-Rudolph, John Kelleher, Andrew Hines

Articles

Accurate early predictions of a patient's likely cognitive improvement as a result of a stroke rehabilitation programme can assist clinicians in assembling more effective therapeutic programs. In addition, sufficient levels of explainability, which can justify these predictions, are a crucial requirement, as reported by clinicians. This article presents a machine learning (ML) prediction model targeting cognitive improvement after therapy for stroke surviving patients. The prediction model relies on electronic health records from 201 ischemic stroke surviving patients containing demographic information, cognitive assessments at admission from 24 different standardized neuropsychology tests (e.g., TMT, WAIS-III, Stroop, RAVLT, etc.), and therapy information collected …

Discovering Child Sexual Abuse Material Creators’ Behaviors And Preferences On The Dark Web, Vuong Ngo, Rahul Gajula, Christina Thorpe, Susan Mckeever

Articles

Background: Producing, distributing or discussing child sexual abuse materials (CSAM) is often committed through the dark web in order to remain hidden from search engines and regular users. Additionally, on the dark web, the CSAM creators employ various techniques to avoid detection and conceal their activities. The large volume of CSAM on the dark web presents a global social problem and poses a significant challenge for helplines, hotlines and law enforcement agencies.

Objective: Identifying CSAM discussions on the dark web and uncovering associated metadata insights into characteristics, behaviours and motivation of CSAM creators.

Participants and Setting: We have conducted an …

Toward Inclusive Online Environments: Counterfactual-Inspired Xai For Detecting And Interpreting Hateful And Offensive Tweets, Muhammad Deedahwar Mazhar Qureshi, Muhammad Atif Qureshi, Wael Rashwan

Articles

The prevalence of hate speech and offensive language on social media platforms such as Twitter has significant consequences, ranging from psychological harm to the polarization of societies. Consequently, social media companies have implemented content moderation measures to curb harmful or discriminatory language. However, a lack of consistency and transparency hinders their ability to achieve desired outcomes. This article evaluates various ML models, including an ensemble, Explainable Boosting Machine (EBM), and Linear Support Vector Classifier (SVC), on a public dataset of 24,792 tweets by T. Davidson, categorizing tweets into three classes: hate, offensive, and neither. The top-performing model achieves a weighted …

Enhancing Control Room Operator Decision Making: An Application Of Dynamic Influence Diagrams In Formaldehyde Manufacturing, Joseph Mietkiewicz, Anders L. Madsen

Articles

Intoday’s rapidly evolving industrial landscape, control room operators must grapple with an ever-growing array of tasks and respon sibilities. One major challenge facing these operators is the potential for task overload, which can lead to decision fatigue and increased reliance on cognitive biases. To address this issue, we propose the use of dynamic influence diagrams (DID) as the core of our decision support system. By monitoring the process over time and identifying anomalies, DIDs can recommend the most effective course of action based on a probabilistic assessment of future outcomes. Instead of letting the operator choose or search for the …

Watchdogs Of The Economy: The Development Of Irish Economics Profession’S Independent Voice, Joseph K. Fitzgerald, Brendan O'Rourke

Articles

Histories of the development of professions show a profession’s relationship with the state as key to its authority. Yet professions, to gain technocratic authority, also strive to depoliticise their discourses to gain technocratic authority. This dilemmatic tension is particularly true for the economics profession. The historical development of the Irish economics provides an interesting case, where a complicated relationship with the state ultimately strengthened the profession within a society. An initial formalisation trajectory of Irish economics was thrown off course by the formation of an independent Irish state in the 1920s. This marked a period of isolation for the profession …

Understanding The Interplay Between Immigrant Nascent Entrepreneurship And Cross-Cultural Adaptation, Lucia Walsh, Thomas M. Cooney

Articles

Purpose – All entrepreneurs face challenges during their venture start-up process, but immigrant entrepreneurs face additional and distinctive challenges due to their contextual newness. This paper focuses on understanding the intertwined journeys of nascent entrepreneurship and cross-cultural adaptation of immigrants in a small Western European country where immigrant entrepreneurship is still a relatively new phenomenon.

Design/methodology/approach – The induction-driven, 18-month longitudinal empirical inquiry focused on six early-stage nascent entrepreneurs. Qualitative methods included participant observation during an enterprise program, qualitative interviews and ongoing informal communication.

Findings – The data uncovered the interplay between the nascent immigrant entrepreneurship and crosscultural adaptation. This …

Workplace Accident Analysis In The Algerian Oil And Gas Industry, Hamza Zerrouki

Articles

A total of 42,032 workplace accidents were reported in 2021 by the Algerian National Social Insurance Fund for Salaried Workers in Algeria, of which 38,225 were accidents within the workplace and 3807 were related to traffic accidents or other reasons. Most of these accidents were recorded in the building and construction field, followed by the oil and gas company exploration and drilling, which comes at the forefront of the Sonatrach company. This study aims to analyze accidents in the workplace using quantitative and qualitative methods to determine the corresponding causes. Our study was carried out in collaboration with Sonatrach in …

The Lagrangian Formulation For Wave Motion With A Shear Current And Surface Tension, Conor Curtin, Rossen Ivanov

Articles

The Lagrangian formulation for the irrotational wave motion is straightforward and follows from a Lagrangian functional which is the difference between the kinetic and the potential energy of the system. In the case of fluid with constant vorticity, which arises for example when a shear current is present, the separation of the energy into kinetic and potential is not at all obvious and neither is the Lagrangian formulation of the problem. Nevertheless, we use the known Hamiltonian formulation of the problem in this case to obtain the Lagrangian density function, and utilising the Euler-Lagrange equations we proceed to derive some …

Biomolecules From Macroalgae-Nutritional Profile And Bioactives For Novel Food Product Development, Laura E. Healy, Xianglu Zhu, Milica Pojić, Carl Sullivan, Uma Tiwari, James Curtin, Brijesh K Tiwari

Articles

Seaweed is in the spotlight as a promising source of nutrition for humans as the search for sustainable food production systems continues. Seaweed has a well-documented rich nutritional profile containing compounds such as polyphenols, carotenoids and polysaccharides as well as proteins, fatty acids and minerals. Seaweed processing for the extraction of functional ingredients such as alginate, agar, and carrageenan is well-established. Novel pretreatments such as ultrasound assisted extraction or high-pressure processing can be incorporated to more efficiently extract these targeted ingredients. The scope of products that can be created using seaweed are wide ranging: from bread and noodles to yoghurt …

Subnetwork Ensembling And Data Augmentation: Effects On Calibration, A. Çağrı Demir, Simon Caton, Pierpaolo Dondio

Articles

Deep Learning models based on convolutional neural networks are known to be uncalibrated, that is, they are either overconfident or underconfident in their predictions. Safety-critical applications of neural networks, however, require models to be well-calibrated, and there are various methods in the literature to increase model performance and calibration. Subnetwork ensembling is based on the over-parametrization of modern neural networks by fitting several subnetworks into a single network to take advantage of ensembling them without additional computational costs. Data augmentation methods have also been shown to enhance model performance in terms of accuracy and calibration. However, ensembling and data augmentation …

Explaining Deep Q-Learning Experience Replay With Shapley Additive Explanations, Robert S. Sullivan, Luca Longo

Articles

Reinforcement Learning (RL) has shown promise in optimizing complex control and decision-making processes but Deep Reinforcement Learning (DRL) lacks interpretability, limiting its adoption in regulated sectors like manufacturing, finance, and healthcare. Difficulties arise from DRL's opaque decision-making, hindering efficiency and resource use, this issue is amplified with every advancement. While many seek to move from Experience Replay to A3C, the latter demands more resources. Despite efforts to improve Experience Replay selection strategies, there is a tendency to keep the capacity high. We investigate training a Deep Convolutional Q-learning agent across 20 Atari games intentionally reducing Experience Replay capacity from (Formula …

Gated Deep Reinforcement Learning With Red Deer Optimization For Medical Image Classification, Narayanan Ganesh, Sambandan Jayalakshmi, Rama Chandran Narayanan, Miroslav Mahdal, Hossam Zawbaa, Ali Wagdy Mohamed

Articles

The brain is one of the most important and complex organs in the body, consisting of billions of individual cells. Uncontrolled growth and expansion of aberrant cell populations within or around the brain are the main causes of brain tumors. These cells have the potential to harm healthy cells and impair brain function [1]. Tumors can be detected using medical imaging techniques, which are considered the most popular and accurate way to classify different types of cancer, and this procedure is even more crucial as it is noninvasive [2]. Magnetic resonance imaging (MRI) is one such medical imaging technique that …

Considerations For Scaling A Social Enterprise: Key Factors And Elements, Clodagh O'Reilly, Lucia Walsh, Ziene Mottiar

Articles

No abstract provided.

Third-Party Releases Under The Bankruptcy Code After Purdue Pharma, Jeanne L. Schroeder, David G. Carlson

Articles

The biggest bankruptcy case ever (as measured by unsecured claims against a debtor-in-possession) is In re Purdue Pharma, LLC. The bankruptcy court affirmed a plan discharging the Sackler family (equity owners and often officers of Purdue) of all “derivative” claims that belonged to the debtor-in-possession. The settlement was bought for a substantial sum payable over time by the Sacklers. A debtor-in-possession is the sole owner of a derivative claim and has the power to bind all the creditors to a settlement. Under the Bankruptcy Code, a plan discharging derivative claims is confirmable. In fact, as we will, show, a great …

Commercially Reasonable Sales In The 21st Century, David G. Carlson

Articles

It has been over 20 years since the 2000 amendments profoundly amended the foreclosure procedures in Article 9 of the UCC. This article reviews how the amendments have fared in the case law since then.

Title Theft, Stewart E. Sterk

Articles

Real property owners across the country have been targeted by scammers who prepare deeds purporting to convey title to property the scammers do not own. Sometimes, the true owners are entirely unaware of these bogus transfers. In other instances, the scammers use misrepresentation to induce unsophisticated owners to sign documents they do not understand. Property doctrine protects owners against forgery and fraud—the primary vehicles scammers use in their efforts to transfer title. Owners enjoy protection not only against the scammers themselves, but generally against unsuspecting purchasers to whom the scammers transfer purported title. Recovery of title, however, involves costs and …

Remote Justice & Domestic Violence: Process Pluralism Lessons From The Pandemic, Andrea K. Schneider, Heather Hlavka, Sameena Mulla, Erin Schubert, Aleksandra J. Snowden, Jennica Webster

Articles

Domestic violence procedures, like so many court processes around the world, were forced to go online and remote during the pandemic. The impact was dramatic-there were fewer restraining order petitions filed in the first place and an even lower amount granted. In short, domestic violence survivors, among the most vulnerable in our court system, were even more challenged in the last two years. Like many court systems, Milwaukee will never go back to being fully in-person for all procedures in conjunction with domestic violence. The evolving hybrid choices could provide additional access to justice, or these processes could create additional …

Concluding Remarks By Conference Co-Organizer, Richard H. Weisberg

Articles

This Article represents the concluding remarks made by Professor Richard H. Weisberg at "Disarmed, Distracted, Disconnected & Distressed," a conference on Modern Legal Education and the Unmaking of American Lawyers, hosted by the University of Pittsburgh School of Law and the Law & Humanities Institute, April 20-April 23, 2023.

Systematic Review Of Clinical Practice Guidelines For Uveitis, Nima Ghadiri, Ian R. Reekie, Iris Gordon, Sare Safi, Gareth Lingham, Jennifer R. Evans, Stuart Keel

Articles

To facilitate the integration of eye care into universal health coverage, the WHO is developing a Package of Eye Care Interventions (PECI). Development of the PECI involves the identification of evidence-based interventions from relevant clinical practice guidelines (CPGs) for uveitis.

A systematic review of CPGs published on uveitis between 2010 and March 2020 was conducted. CPGs passing title and abstract and full-text screening were evaluated using the Appraisal of Guidelines for Research and Evaluation II (AGREE II) tool and data on recommended interventions extracted using a standard data extraction sheet.

Mapping And Mobilizing Legal Criticalities: Making The Move From Diaspora To Collective Or Legal Scholars Making A Difference As Culture Warriors, Francisco Valdes

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No abstract provided.

The Credibility Effect: Defamation Law And Audiences, Yonathan A. Arbel

Articles

What should be the legal response to false statements? In the context of defamation law, courts try to set a standard that balances the interests of speakers and their potential targets. This article empirically demonstrates an unappreciated effect of such decisions on third parties: a credibility effect. Using a series of lab experiments, I find that defamation law makes individuals more trusting of reports from various media. This credibility effect is desirable when the report is true but can lead to unintended consequences in the case of misinformation. In particular, the credibility effect is shown to cast a stigma on …