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Cognitive Decline And The Law, Case Western Reserve University School Of Law, Law-Medicine Center

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The Reckless Tolerance Of Unsafe Autonomous Vehicle Testing: Uber's Culpability For The Criminal Offense Of Negligent Homicide, Helen Stamp

Journal of Law, Technology, & the Internet

When Elaine Herzberg was struck and killed by an Uber autonomous vehicle on a public road in Arizona in 2018, sole criminal responsibility fell on the Uber employee operating the vehicle. Uber escaped all criminal accountability despite evidence of flawed vehicle technology and Uber’s non-existent safety culture. This lack of accountability is confronting given that legislators and courts in Arizona, and in other States, have consistently supported criminal sanctions for corporations who are culpable for the offense of negligent homicide.

The criminal proceedings against the Uber vehicle operator were settled in July 2023, closing off the court’s ability to consider …

Our Troubling Failures In Solving Crimes: Rethinking Legal Limits On Crime Investigation, Paul H. Robinson, Jeffrey Seaman, Muhammad Sarahne

Case Western Reserve Law Review

No abstract provided.

Volume 75 Issue 1 (2024), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Regulating Entities, Not Activities: Reforming The Environmental Permit Raj, Andrew P. Morriss, Roger E. Meiners

Case Western Reserve Law Review

No abstract provided.

Volume 75 Issue 2 (2024), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.

Avoision: When Government Lawyers Turn The Sovereign Against Itself, Richard W. Painter

Case Western Reserve Law Review

No abstract provided.

A Trap For Local Governments: Legislative Exactions After Sheetz V. County Of El Dorado, Andrew Klemm

Case Western Reserve Law Review

No abstract provided.

Tools Do Not Create: Human Authorship In The Use Of Generative Artificial Intelligence, Michael D. Murray

Journal of Law, Technology, & the Internet

Artistic tools, from brushes to complex algorithms, don’t create art; human artists do. The advent of generative AI tools like Midjourney, DALL-E, and Stable Diffusion has blurred this understanding, causing observers to believe these tools are the authors of the artworks they produce, even so far as to imagine that the artworks are “created” by the AI in the copyright sense of the word. Not so.

The U.S. Copyright Office recently issued guidance on the copyrightability of works produced using generative AI tools. The Office has accepted the narrative that AI tools perform the steps of authorship, conceiving of the …

Remote Workers, Ever-Present Risk: Employer Liability For Data Breaches In The Era Of Hybrid Workplaces, David Golubock

Journal of Law, Technology, & the Internet

The years since the onset of the COVID-19 pandemic have seen explosive growth in the number of remote workers, and companies have struggled to cope with a perceived loss of productivity and establish reliable methods of remote access to cope with this influx. At the same time, the last few years have seen a continued rise in the threat of data breaches, as sophisticated groups of malicious actors have targeted businesses and governments, locking systems with ransomware and exposing sensitive company data and employees' personal information. This article aims to examine the intersection between these two trends, examining how an …

Big Tech Becomes Psychic: The End Of Personal Autonomy, Zachary Williams

Journal of Law, Technology, & the Internet

Individual choice is being threatened. Private companies already held the ability to nudge consumer choices with targeted advertising. Now, with the rise in data collection and the innovation of technology and machine learning, companies are beginning to garner the ability to entirely manipulate them. Major companies can create a psychographic profile of any user using copious amounts of data collected and stored in what is essentially a library of information on each user. With access to personal or sensitive data from multiple digital markets, the profile could not only correctly identify not only a user’s likes and dislikes, but even …

A New Frontier In Online Dispute Resolution: Combining Ai And Mindfulness, Noopur Amin

Journal of Law, Technology, & the Internet

The use of artificial intelligence (AI) in dispute resolution has gained attention due to its potential to streamline the resolution process and reduce costs. The purpose of this paper is to explore the integration of AI with alternative dispute resolution (ADR) processes and propose an online dispute resolution (ODR) model that combines elements of mindfulness and different forms of AI. The paper begins by providing an overview of the history of ODR and introducing Lodder and Zeleznikow's three-step ODR model. It then explores the role of AI in dispute resolution and provides a brief history of AI generally. The comparison …

Artificial Intelligence In The Courtroom: Forensic Machines, Expert Witnesses, And The Confrontation Clause, Ian Maddox

Journal of Law, Technology, & the Internet

From traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, …

Introduction - Permitting The Future, Jonathan H. Adler

Case Western Reserve Law Review

No abstract provided.

Infrastructure For The Energy Transition, Timothy Fitzgerald

Case Western Reserve Law Review

No abstract provided.

Permitting The Energy Transition, James W. Coleman

Case Western Reserve Law Review

No abstract provided.

The New Nepa? – A Case Study In Congressional Frustration, Victor Flatt

Case Western Reserve Law Review

No abstract provided.

Cracking Causation: The Need For A Workable Link Between The Anti-Kickback Statute And False Claims Act, Andrew Mcgirty

Case Western Reserve Law Review

No abstract provided.

The Cost Of Clarity: Closing The Floodgates On Wotus Ambiguity And The Bleak Future Of Wetlands Protections, Casey E. Lindstrom

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 75 Issue 1 (2024)

Case Western Reserve Law Review

No abstract provided.

Overcoming Unreasonably Burdensome Restrictions On The Use Of Farmland For Solar Generation, Matthew Eisenson

Case Western Reserve Law Review

No abstract provided.

If We Fail To Solve Global Climate Change, Blame The Nuclear Regulatory Commission, Jeremy Kidd

Case Western Reserve Law Review

No abstract provided.

The National Environmental Policy Act And Climate Change Adaptation Within Federal Natural Resource Management Agencies, Sara Sutherland

Case Western Reserve Law Review

No abstract provided.

Challenging The Constitutionality Of Anti-Immigrant State Legislation: A Two-Prong Approach, Anna Glavaš

Case Western Reserve Law Review

No abstract provided.

Masthead, Volume 75 Issue 2 (2024)

Case Western Reserve Law Review

No abstract provided.

Leopards Ate My Face: Obscenity Law As A Case Study On The Problem Of Queer Assimilationism, Grayson E. Yauger

Case Western Reserve Law Review

No abstract provided.

Repatriating The Dead: The Necessity Of An Enslaved Peoples’ Grave Repatriation Act To Break One Of The Surviving Chains Of Slavery, Nathaniel Gray Sommers

Case Western Reserve Law Review

No abstract provided.

The Quiet Part Of The Fourteenth Amendment: Why Gender Identity Should Be A Protected Class Under The Equal Protection Clause, Robert F. Read Ii

Case Western Reserve Law Review

No abstract provided.

The Psychology Of Censorship, Honorable Jennifer M. Kinsley

Case Western Reserve Law Review

No abstract provided.

Race Or Class: New Directions For Critical Theory, Richard Delgado

Case Western Reserve Law Review

No abstract provided.