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Full-Text Articles in Law
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus
Vanderbilt Law Review
The U.S. Courts of Appeals were once admired for their wealth of judicial attention and for their generosity in distributing it. At least by legend, almost all cases were afforded what William Richman and William Reynolds have termed the “Learned Hand Treatment.” Guided by Judge Learned Hand’s commandment that “[t]hou shalt not ration justice,” a panel of three judges would read the briefs, hear oral argument, deliberate at length, and prepare multiple drafts of an opinion. Once finished, the judges would publish their opinion, binding themselves and their colleagues in accordance with the common-law tradition. The final opinion would be …
The National Security Case For Breaking Up Big Tech, Ganesh Sitaraman
The National Security Case For Breaking Up Big Tech, Ganesh Sitaraman
Vanderbilt Law School Faculty Publications
In recent years, scholars, commentators, former tech company founders, and political leaders have made the case for breaking up and regulating big tech companies like Alphabet (the parent company of Google), Facebook, and Amazon. The proposals to break up and regulate big tech companies are specific: Unwind mergers, require tech platforms to separate from businesses that operate on the platform, regulate platforms with nondiscrimination principles drawn from public utilities and public accommodations laws, and adopt privacy regulations. Advocates for breaking up and regulating big tech hold that these companies have become a danger to the economy, society, and democracy. Opponents …
Beneficial Precaution: A Proposed Approach To Uncertain Technological Dangers, Edward L. Rubin
Beneficial Precaution: A Proposed Approach To Uncertain Technological Dangers, Edward L. Rubin
Vanderbilt Journal of Entertainment & Technology Law
As a result of the specialization and cumulation of knowledge in the era of High Modernity, research and development in most technical fields is largely incomprehensible to anyone outside that field. What should policy makers do when technical specialists disagree, and particularly when some predict an oncoming catastrophe and others dismiss the concern? This is the situation with the so-called Singularity, the point at which machines design, build, and operate other machines. Some experts in cybernetics and artificial intelligence argue that this is imminent, while others consign the possibility to science fiction. If the skeptics are right, nothing need be …