Law Commons^™

Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans

University of Cincinnati Law Review

One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.

We find Cheng’s emphasis on consensus compelling, and …

The Missing Links: Why Hyperlinks Must Be Treated As Attachments In Electronic Discovery, Lea Malani Bays, Stuart A. Davidson

University of Cincinnati Law Review

This Article sheds light on a unique but centrally important “twenty-first century” issue involving electronic discovery in federal civil litigation that is just beginning to percolate in federal district courts. Historically, courts have held that a document attached to or enclosed with another document must be produced together when produced in response to a discovery request, as that is how the document was “kept in the usual course of business” and how it is “ordinarily maintained or in a reasonably usable form,” as the Federal Rules of Civil Procedure have required for decades. Today, parties are pushing back on whether …

Artificial Intelligence: Legal Reasoning, Legal Research And Legal Writing, S. Sean Tu, Amy Cyphert, Samuel J. Perl

Minnesota Journal of Law, Science & Technology

No abstract provided.

Clearing The Darkened Air: Regulating Dark Patterns As Air Pollution, Michael Rosenbloom

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Arbitrary And Capricious X Artificial Intelligence, Zoe E. Niesel

Minnesota Journal of Law, Science & Technology

No abstract provided.

Generative Ai, Plagiarism, And Copyright Infringement In Legal Documents, Amy B. Cyphert

Minnesota Journal of Law, Science & Technology

No abstract provided.

Practice Guide: How To Integrate Ai And Emerging Technology Into Your Practice And Comply With Model Rule 3.1, Kevin Frazier

Minnesota Journal of Law, Science & Technology

No abstract provided.

Corpus Enigmas And Contradictory Linguistics: Tensions Between Empirical Semantic Meaning And Judicial Interpretation, Peter Henderson, Daniel E. Ho, Andrea Vallebueno, Cassandra Handan-Nader

Minnesota Journal of Law, Science & Technology

No abstract provided.

Decoding Cryptocurrency Taxes: The Challenges For Estate Planners, Max Angel

Duke Law & Technology Review

In this article, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, preserving their value, and addressing the complex tax implications of transferring cryptocurrency to heirs.

Solar Energy Industries Association V. Federal Energy Regulatory Commission, Brandy Keesee

Public Land & Resources Law Review

In Solar Energy Industries Association v. Federal Energy Regulatory Commission (“Solar Energy”), the court grappled with a complex web of regulatory and environmental considerations. The overall dispute was the promulgation and implementation of Order 872, a directive issued by the Federal Energy Regulatory Commission (“FERC” or “Commission”), and its alignment with the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and the Administrative Procedure Act (“APA”). The dispute in Solar Energy is about FERC’s interpretation and application of PURPA in managing qualifying facilities (“QFs”). The crux of the contention was whether FERC’s 2020 rule revisions set forth in Order 872 …

Civil Liability For Autonomous Police Robots: The Inadequacy Of § 1983 In Responding To Robot Excessive Force, Robert Sassan

Richmond Journal of Law & Technology

In the fall of 2023, New York City announced its plan to deploy an autonomous police robot, called K5, to patrol the Times Square subway station. Mayor Eric Adams touted the initiative as a cost-saving measure— K5 costs less per hour than a human patrol officer. But K5 was by no means a replacement for a human. It was effectively a security camera on wheels. K5 could be used to call for help but could not otherwise intervene in an emergency, and it was not capable of using force to respond to a threat. But in the not-so-distant future, autonomous …

The "Right To Be Let Alone" Should Apply To Geolocation Tracking Within The Home, Eliza Smith-Driggs

Richmond Journal of Law & Technology

Lisa Magrin, a 46-year-old math teacher from New York, makes the 14-mile trip from her home to her middle school classroom multiple times a week. On an innocuous day in 2018, she hiked with her dog, attended a Weight Watchers meeting, visited her dermatologist, and slept at her ex- boyfriend’s home.2Little did she know that an app on her phone tracked her precise location as often as every two seconds. Though Ms. Magrin knew apps could track geolocation data, she found it “disturbing” to know how often her precise location was tracked and then sold to advertisers. Ms. Magrin’s identity …

Internet Openness At Risk: Generative Ai's Impact On Data Scraping, Melany Amarikwa

Richmond Journal of Law & Technology

Modern scraping practices—the automated extraction of data from online websites—by companies employing generative AI models threatens the foundational and essential openness of the internet. There are calls for regulating the use of scraping in generative AI models, but lawmakers, concerned about its impact on US global AI leadership, have failed to act. This article presents two legal frameworks aimed at regulating generative AI scraping. The adverse possession framework addresses property rights and allows for the use of copyrighted works where the author abandons or fails to claim their works. The public records framework addresses privacy rights and treats personal information …

Train Or Restrain? Using International Perspectives To Inform The American Fair Use Analysis Of Copyright In Generative Artificial Intelligence Training, Serena Lightstone

Northwestern Journal of International Law & Business

The rise of generative artificial intelligence (“AI”) has brought questions regarding the permissibility of using copyrighted materials in training generative AI systems around the globe. This article examines whether such use constitutes infringement under the American fair use doctrine, drawing insights from the regulatory approaches of the European Union (EU) and Japan.

Ultimately, this article advocates for United States courts to recognize the permissibility of using copyrighted materials in training generative AI models, rejecting the EU’s rights-holder-centric approach, and going beyond Japan’s limited-permissibility solution. Through a detailed four-factor fair use analysis, this article demonstrates that training generative AI on copyrighted …

“Can I Have It Non-Personalised?” An Empirical Investigation Of Consumer Willingness To Share Data For Personalized Services And Ads, Monika Leszczynska, Daria Baltag

Faculty Scholarship

European regulators, courts, and scholars are currently debating the legality of data processing for personalization purposes. Should businesses require separate consent for processing user data for personalized advertising, especially when offering free services reliant on such ads for revenue? Or is general consent for the contract enough, given personalized advertising’s role in fulfilling contractual obligations? This study investigates whether these legal distinctions reflect differences in people’s willingness to share data with businesses for personalization. Are consumers less willing to share their data for personalized advertising than for personalized services that they clearly contracted for? Does that change if the service …

Judges Should Be Discerning Consensus, Not Evaluating Scientific Expertise, David S. Caudill, Harry Collins, Robert Evans

Faculty Publications

One of the most constructive critiques of the Daubert admissibility regime is Professor Edward Cheng’s recent proposal for a new Consensus Rule in the Federal Rules of Evidence. Rejecting the notion that judges and juries have the capacity to evaluate scientific expertise, Cheng’s proposal would eliminate Daubert hearings—and judicial gatekeeping concerning expert testimony—and require judges and juries, in their verdicts, to follow consensus in the relevant scientific community. Significantly, Cheng argues that judges and juries would have an easier time identifying consensus than they have in deciding between experts who disagree.

We find Cheng’s emphasis on consensus compelling, and …

Where To Test A Nuclear Bomb, Tyler Kliegl

The Purdue Historian

The United States detonated three underground nuclear bombs on a far-off Alaskan island called Amchitka in the 1960s and 70s. The goal is to understand what the motive of the United States in selecting Amchitka over the endless potential sites to test at were. What makes a place worthy in being tested on, or unworthy in being left alone. How does the United States deal with resistance from locals and other organizations, fighting to prevent their tests.

Beyond Patents: Incentive Strategies For Ocean Plastic Remediation Technologies, Jacob Stotser

Duke Law & Technology Review

With a garbage truck’s worth of plastic being dumped in the ocean each minute, there is a dire need for effective technological solutions aimed at mitigating the marine plastic pollution problem. However, the reliance of the U.S. patent system on market demand to incentivize this type of innovation has proven insufficient in light of the peculiarities of “green” technologies. To remedy this, this article proposes a multi-faceted incentivization approach that looks beyond the U.S. Patent and Trademark Office to stimulate the development of remediation technologies through comprehensive regulatory interventions, the establishment of prize funds and other alternative incentive mechanisms, and …

Compliance Design Options For Offline Cbdcs: Balancing Privacy And Aml/Cft, Panagiotis Michalopoulos, Odunayo Emmanuel Olowookere, Nadia Pocher, Johannes Sedlmeir, Andreas Veneris, Poonam Puri

Conference Papers

Many central banks are researching and piloting digital versions of fiat money, specifically retail Central Bank Digital Currencies (CBDCs). Core to these systems’ design is the ability to perform transactions even without network connectivity. Due to the lack of direct involvement of third parties in these offline transfers, various regulatory requirements that are key in the financial space need to be accommodated. This paper deploys a compliance-by-design approach to evaluate technologies that can balance privacy with anti-money laundering and counterterrorism financing (AML/CFT) measures. It classifies privacy design options and corresponding technical building blocks for offline CBDCs, along with their impact …

The Driving Impact Of Artificial Intelligence On Global Expansion, Aleksandra Drozd

Senior Honors Theses

The invention and continual growth of artificial intelligence (AI) on the global stage have significantly shaped the world’s economies, governments, societies and their cultures. The new industrial revolution and the subsequent race of the world’s leading powers have led to increased international joint efforts and exchange of information, simultaneously reducing barriers to trade and communication. Meanwhile, emerging technologies deploying AI have led to changes in human behavior and culture and challenged the traditional nation-state model. Although several implications of the proliferation of AI remain unknown, its widening application may be tied with accelerating globalization, referred to interchangeably as global expansion. …

Privileges, Immunities, And Affirmative Action In Medical Education, Gregory Curfman

Journal of Law and Health

In Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court ruled that affirmative action in university admissions, in which an applicant of a particular race or ethnicity receives a plus factor, is unconstitutional. This ruling was based on both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. This article argues that a more natural fit as the basis for constitutional analysis would be a different clause in the Fourteenth Amendment, the Privileges or Immunities …

Aiming For Fairness: An Exploration Into Getty Images V. Stability Ai And Its Importance In The Landscape Of Modern Copyright Law, Matthew Coulter

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

A Timeless Principle: Copyright Before The Statute Of Anne, Victoria Lieberman

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Innovation At A Crossroads: The Supreme Court's Influence On Pharmaceuticals, Trade Policies, And Public Health, Beau Reeves

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Beautifying The Human Experience: The Road To Knocking Out The Knockoff Industry Through Adaptions To Copyright & Design Patent Protections For Clothing, Moira Mccabe

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Post-Dobbs Reality: Privacy Expectations For Period-Tracking Apps In Criminal Abortion Prosecutions, Sophie L. Nelson

Pepperdine Law Review

The Supreme Court’s decision to overturn Roe v. Wade and Planned Parenthood v. Casey in June 2022 was met with waves of both support and criticism throughout the United States. Several states immediately implemented or began drafting trigger laws that criminalize seeking and providing an abortion. These laws prompted several period-tracking app companies to encrypt their users’ data to make it more difficult for the government to access period- and pregnancy-related information for criminal investigations. This Comment explores whether the Fourth Amendment and U.S. privacy statutes protect users of period-tracking apps from government surveillance. More specifically, this Comment argues that …

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Northwestern University Law Review

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …

How Artificial Intelligence Can Be Properly Used By In-House Counsel, Michael Pastor

Other Publications

With all of AI's potential benefits, and there will likely be more down the line unknown to us, it’s imperative to understand the risks inherent in using these tools.

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.