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Full-Text Articles in Law
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Tech Supremacy: The New Arms Race Between China And The United States, Xuan-Thao Nguyen
Articles
In the brewing tech war between the United States and China, the quest for tech supremacy is in full force. Through enacting a series of laws and policies, China aims to reach its goal of tech supremacy. If China succeeds, U.S. corporations will face a daunting task in competing against Chinese products and services in core industries and in sectors where artificial intelligence and technological breakthroughs reign. This Article is the first to identify and analyze China’s 2022 Law on Science and Technology Progress, Personal Information Protection Law, Made in China 2025, National Intellectual Property Strategies, and digital currency e-CNY; …
Winning The Imitation Game: Setting Safety Expectations For Automated Vehicles, William H. Widen, Philip Koopman
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 …
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Articles
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …
Highly Automated Vehicles & Discrimination Against Low-Income Persons, William H. Widen
Highly Automated Vehicles & Discrimination Against Low-Income Persons, William H. Widen
Articles
Law reform in the United States often reflects a structural bias that advances narrow business interests without addressing broader public interest concerns.' This bias may appear by omitting protective language in laws or regulations which address a subject matter area, such as permitting the testing of highly automated vehicles ("HA Vs") on public roads, while omitting a requirement for a reasonable level of insurance as a condition to obtain a testing permit.2 This Article explores certain social and economic justice implications of laws and regulations governing the design, testing, manufacture, and deployment of HA Vs which might advance a business …
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Autonomous Vehicle Regulation & Trust: The Impact Of Failures To Comply With Standards, William H. Widen, Phillip Koopman
Articles
The autonomous vehicle (AV) industry works very hard to create public trust in both AV technology and its developers. Building trust is part of a strategy to permit the industry itself to manage the testing and deployment of AV technology without regulatory interference. This article explains how industry actions to promote trust (both individually and collectively) have created concerns rather than comfort with this emerging technology. The article suggests how the industry might change its current approach to law and regulation from an adversarial posture to a more cooperative one in which a space is created for government regulation consistent …
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Racialized, Judaized, Feminized: Identity-Based Attacks On The Press, Lili Levi
Articles
No abstract provided.
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Special Matters: Filtering Privileged Materials In Federal Prosecutions, Christina Frohock
Articles
This Article reviews the U.S. Department of Justice's toolbox for handling potentially privileged materials, with close attention to the evolution from filter teams to the Special Matters Unit in fraud prosecutions. Significant case opinions from the U.S. Courts of Appeals for the Fourth, Sixth, and Eleventh Circuits reveal the judiciary's diverse views on filter teams. The recent case of United States v. Esformes in the U.S. District Court for the Southern District of Florida, now on appeal to the Eleventh Circuit, illustrates how a filter team can fall short and draw unflattering attention to the Department of Justice. In the …
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
The Promise And Limits Of Lawfulness: Inequality, Law, And The Techlash, Salomé Viljoen
Articles
In response to widespread skepticism about the recent rise of “tech ethics”, many critics have called for legal reform instead. In contrast with the “ethics response”, critics consider the “lawfulness response” more capable of disciplining the excesses of the technology industry. In fact, both are simultaneously vulnerable to industry capture and capable of advancing a more democratic egalitarian agenda for the information economy. Both ethics and law offer a terrain of contestation, rather than a predetermined set of commitments by which to achieve more democratic and egalitarian technological production. In advancing this argument, the essay focuses on two misunderstandings common …
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Clearing Opacity Through Machine Learning, W. Nicholson Price Ii, Arti K. Rai
Articles
Artificial intelligence and machine learning represent powerful tools in many fields, ranging from criminal justice to human biology to climate change. Part of the power of these tools arises from their ability to make predictions and glean useful information about complex real-world systems without the need to understand the workings of those systems.
Technology And The (Re)Construction Of Law, Christian Sundquist
Technology And The (Re)Construction Of Law, Christian Sundquist
Articles
Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Arizona's Sex Offender Laws: Recommendations For Reform, Tamara Rice Lave
Articles
No abstract provided.
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
How The Covid-19 Pandemic Has And Should Reshape The American Safety Net, Gabriel Scheffler, Andrew Hammond, Ariel Jurow Kleiman
Articles
No abstract provided.
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Exploring The Esports Approach Of America's Three Major Leagues, Peter A. Carfagna
Articles
No abstract provided.
The Future Of Law Schools: Covid-19, Technology, And Social Justice, Christian Sundquist
The Future Of Law Schools: Covid-19, Technology, And Social Justice, Christian Sundquist
Articles
The COVID-19 pandemic has laid bare not only the social and racial inequities in society, but also the pedagogical and access to justice inequities embedded in the traditional legal curriculum. The need to re-envision the future of legal education existed well before the current pandemic, spurred by the shifting nature of legal practice as well as demographic and technological change. This article examines the impact of the COVID-19 pandemic on legal education, and posits that the combined forces of the pandemic, social justice awareness and technological disruption will forever transform the future of both legal education and practice.
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Are Litigation Outcome Disparities Inevitable? Courts, Technology, And The Future Of Impartiality., Avital Mentovich, J.J. Prescott, Orna Rabinovich-Einy
Articles
This article explores the ability of technology—specifically, online judicial procedures—to eliminate systematic group-level litigation outcome disparities (i.e., disparities correlated with the visible identity markers of litigants). Our judicial system has long operated under the assumption that it can only be “impartial enough.” After all, judges, like all human beings, harbor implicit biases that are often sizable, unconscious, and triggered automatically, and research indicates that strategies to curb implicit biases in human decision making may be ineffective, especially in the face of the resource and caseload constraints of modern-day adjudication. The recent emergence of online court proceedings, however, offers new hope …
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
The Internet As A Speech Machine And Other Myths Confounding Section 230 Reform, Mary Anne Franks, Danielle Citron
Articles
No abstract provided.
How The Internet Unmakes Law, Mary Anne Franks
Medical Ai And Contextual Bias, W. Nicholson Price Ii
Medical Ai And Contextual Bias, W. Nicholson Price Ii
Articles
Artificial intelligence will transform medicine. One particularly attractive possibility is the democratization of medical expertise. If black-box medical algorithms can be trained to match the performance of high-level human experts — to identify malignancies as well as trained radiologists, to diagnose diabetic retinopathy as well as board-certified ophthalmologists, or to recommend tumor-specific courses of treatment as well as top-ranked oncologists — then those algorithms could be deployed in medical settings where human experts are not available, and patients could benefit. But there is a problem with this vision. Privacy law, malpractice, insurance reimbursement, and FDA approval standards all encourage developers …
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Fourth Amendment Constraints On The Technological Monitoring Of Convicted Sex Offenders, Ben A. Mcjunkin, J. J. Prescott
Articles
More than forty U.S. states currently track at least some of their convicted sex offenders using GPS devices. Many offenders will be monitored for life. The burdens and expense of living indefinitely under constant technological monitoring have been well documented, but most commentators have assumed that these burdens were of no constitutional moment because states have characterized such surveillance as ‘‘civil’’ in character—and courts have seemed to agree. In 2015, however, the Supreme Court decided in Grady v. North Carolina that attaching a GPS monitoring device to a person was a Fourth Amendment search, notwithstanding the ostensibly civil character of …
The Future Of Law And Mobility, Daniel A. Crane
The Future Of Law And Mobility, Daniel A. Crane
Articles
With the launch of the new Journal of Law and Mobility, the University of Michigan is recognizing the transformative impact of new transportation and mobility technologies, from cars, to trucks, to pedestrians, to drones. The coming transition towards intelligent, automated, and connected mobility systems will transform not only the way people and goods move about, but also the way human safety, privacy, and security are protected, cities are organized, machines and people are connected, and the public and private spheres are defined.
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha
Mindfulness Training For Judges: Mind Wandering And The Development Of Cognitive Resilience, Scott L. Rogers, Chris Mcaliley, Amishi P. Jha
Articles
No abstract provided.
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Improving Access To Justice In State Courts With Platform Technology, J. J. Prescott
Articles
Access to justice often equates to access to state courts, and for millions of Americans, using state courts to resolve their disputes—often with the government—is a real challenge. Reforms are regularly proposed in the hopes of improving the situation (e.g., better legal aid), but until recently a significant part of the problem has been structural. Using state courts today for all but the simplest of legal transactions entails at the very least traveling to a courthouse and meeting with a decision maker in person and in a one-on-one setting. Even minimally effective access, therefore, requires time, transportation, and very often …
Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott
Factors In Fairness And Emotion In Online Case Resolution Systems, Youyang Hou, Cliff Lampe, Maximilian Bulinski, J. J. Prescott
Articles
Courts are increasingly adopting online information and communication technology, creating a need to consider the potential consequences of these tools for the justice system. Using survey responses from 209 litigants who had recently used an online case resolution system, we investigate factors that influenced litigants’ experiences of fairness and emotional feelings toward court officials. Our results show that ease of using the online case resolution system, the outcome of the case, and a litigant’s perceptions of procedural justice are positively associated both with whether the litigant views the process as fair and whether the litigant ultimately feels positive emotions toward …
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Riley V. California And The Beginning Of The End For The Third-Party Search Doctrine, David A. Harris
Articles
In Riley v. California, the Supreme Court decided that when police officers seize a smart phone, they may not search through its contents -- the data found by looking into the call records, calendars, pictures and so forth in the phone -- without a warrant. In the course of the decision, the Court said that the rule applied not just to data that was physically stored on the device, but also to data stored "in the cloud" -- in remote sites -- but accessed through the device. This piece of the decision may, at last, allow a re-examination of …
Campbell At 21/Sony At 31, Jessica D. Litman
Campbell At 21/Sony At 31, Jessica D. Litman
Articles
When copyright lawyers gather to discuss fair use, the most common refrain is its alarming expansion. Their distress about fair use’s enlarged footprint seems completely untethered from any appreciation of the remarkable increase in exclusive copyright rights. In the nearly forty years since Congress enacted the 1976 copyright act, the rights of copyright owners have expanded markedly. Copyright owners’ demands for further expansion continue unabated. Meanwhile, they raise strident objections to proposals to add new privileges and exceptions to the statute to shelter non-infringing uses that might be implicated by their expanded rights. Copyright owners have used the resulting uncertainty …
From Anonymity To Identification, A. Michael Froomkin
From Anonymity To Identification, A. Michael Froomkin
Articles
This article examines whether anonymity online has a future. In the early days of the Internet, strong cryptography, anonymous remailers, and a relative lack of surveillance created an environment conducive to anonymous communication. Today, the outlook for online anonymity is poor. Several forces combine against it: ideologies that hold that anonymity is dangerous, or that identifying evil-doers is more important than ensuring a safe mechanism for unpopular speech; the profitability of identification in commerce; government surveillance; the influence of intellectual property interests and in requiring hardware and other tools that enforce identification; and the law at both national and supranational …
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin
"Pets Must Be On A Leash": How U.S. Law (And Industry Practice) Often Undermines And Even Forbids Valuable Privacy Enhancing Technology, A. Michael Froomkin
Articles
No abstract provided.
Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave
Protecting Elites: An Alternative Take On How United States V. Jones Fits Into The Court's Technology Jurisprudence, Tamara Rice Lave
Articles
This Article argues that the Supreme Court's technology jurisprudence can be best understood as protecting the privacy interest of elites. After providing an overview of the major technology cases from Olmstead to Kyllo, the Article focuses on the recent case of United States v Jones. The Article does not contend that the Court intended to protect elites, but instead posits that this motive likely operated at a more unconscious level because of the Justices' greater relative affluence and elevated social position.
Mapping Online Privacy, Jacqueline D. Lipton
Mapping Online Privacy, Jacqueline D. Lipton
Articles
Privacy scholars have recently outlined difficulties in applying existing concepts of personal privacy to the maturing Internet. With Web 2.0 technologies, more people have more opportunities to post information about themselves and others online, often with scant regard for individual privacy. Shifting notions of 'reasonable expectations of privacy' in the context of blogs, wikis, and online social networks create challenges for privacy regulation. Courts and commentators struggle with Web 2.0 privacy incursions without the benefit of a clear regulatory framework. This article offers a map of privacy that might help delineate at least the outer boundaries of Web 2.0 privacy. …
Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack
Inquiry And Advocacy, Fallibilism And Finality: Culture And Inference In Science And The Law, Susan Haack
Articles
No abstract provided.