Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate change (2)
- Electricity (2)
- Energy law (2)
- AI (1)
- Accuracy (1)
-
- Adjudicating by algorithm (1)
- Administrative law (1)
- Algorithmic governance (1)
- Artificial intelligence (1)
- Automation (1)
- Autonomous systems (1)
- Bias (1)
- Big data (1)
- Boundary organizations (1)
- Chomsky (1)
- Cognitive psychology (1)
- Common carriage (1)
- Communications (1)
- Conservation (1)
- Constitutional law (1)
- Constructed languages (1)
- Copyright (1)
- Decision-making (1)
- Digital government (1)
- Digital platforms (1)
- E-government (1)
- Empathy (1)
- Energy justice (1)
- First Amendment protections (1)
- Free speech (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo
What Is The Relationship Between Language And Thought?: Linguistic Relativity And Its Implications For Copyright, Christopher S. Yoo
All Faculty Scholarship
To date, copyright scholarship has almost completely overlooked the linguistics and cognitive psychology literature exploring the connection between language and thought. An exploration of the two major strains of this literature, known as universal grammar (associated with Noam Chomsky) and linguistic relativity (centered around the Sapir-Whorf hypothesis), offers insights into the copyrightability of constructed languages and of the type of software packages at issue in Google v. Oracle recently decided by the Supreme Court. It turns to modularity theory as the key idea unifying the analysis of both languages and software in ways that suggest that the information filtering associated …
Rethinking Grid Governance For The Climate Change Era, Shelley Welton
Rethinking Grid Governance For The Climate Change Era, Shelley Welton
All Faculty Scholarship
The electricity sector is often appropriately called the linchpin of efforts to respond to climate change. Over the next few decades, the U.S. electricity sector will need to double in size to accommodate electric vehicles, at the same time that it transforms to run entirely on clean energy. To drive this transformation, states are increasingly adopting 100% clean energy targets. But fossil fuel corporations are pushing back, seeking to maintain their structural domination of the U.S. energy sector. This article calls attention to one central but under-scrutinized way that these companies impede the clean energy transition: Incumbent fossil fuel companies …
The First Amendment, Common Carriers, And Public Accommodations: Net Neutrality, Digital Platforms, And Privacy, Christopher S. Yoo
The First Amendment, Common Carriers, And Public Accommodations: Net Neutrality, Digital Platforms, And Privacy, Christopher S. Yoo
All Faculty Scholarship
Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial …
Administrative Law In The Automated State, Cary Coglianese
Administrative Law In The Automated State, Cary Coglianese
All Faculty Scholarship
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …
The Bounds Of Energy Law, Shelley Welton
The Bounds Of Energy Law, Shelley Welton
All Faculty Scholarship
U.S. energy law was born of fossil fuels. Consequently, our energy law has long centered on the material and legal puzzles that bringing fossil fuels to market presents. Eliminating these same carbon-producing energy sources, however, has emerged as perhaps the most pressing material transformation needed in the twenty-first century—and one that energy law scholarship has rightfully embraced. Yet in our admirable quest to aid in this transformation, energy law scholars are largely writing into the field bequeathed to us, proposing changes that tweak, but do not fundamentally challenge, last century’s tools for managing the extraction, transport, and delivery of fossil …