Law Commons^™

Online Marketplaces' Responsibility For Harm From Counterfeit Cosmetics, Samantha J. Levin

North Carolina Journal of Law & Technology

No abstract provided.

Innovation Warfare, Jeanne Suchodolski, Suzanne Harrison, Bowman Heiden

North Carolina Journal of Law & Technology

No abstract provided.

Redefining The Trips Agreement To Accommodate En Masse Compulsory Licensing Of Vaccines & Other Pharmaceuticals For The Treatment Of Covid-19, Alexandra H. Farquhar

North Carolina Journal of Law & Technology

No abstract provided.

Too Dangerous To Exist: Holding Compromised Internet Platforms Strictly Liable Under The Doctrine Of Abnormally Dangerous Activities, Jordan Glassman

North Carolina Journal of Law & Technology

No abstract provided.

The Drug (Pricing) Wars: States, Preemption, And Unsustainable Prices, Isaac D. Buck

North Carolina Law Review

No abstract provided.

Procedural Whipsaw: Allocating The Burden Of Proving Reasonable Notice To Prisoners Of Forfeiture Proceedings And The (Renewed) Call For Actual Notice, Jamison Wynn

North Carolina Law Review

No abstract provided.

Debt, Doubt, And Dreams: Understanding The Latino College Completion Gap, Kate Sablosky Elengold, Jess Dorrance, Robert Agans, Amanda Martinez, Patricia Foxen

Faculty Publications

We surveyed individuals who had matriculated to, but never completed, at least one college program (community college, college, university, trade school, or certificate program). With a survey sample of more than 1,500 respondents, 35 percent of whom self-identified as Latino* (Latino = 522; non-Latino = 985), we gathered critical information about the most salient barriers to college completion, especially those that disproportionately burden Latino students. Based on prior literature and research, we paid particular attention to the relationship between debt, attitudes about debt, and college completion. We organized the barriers to college completion into four categories: precollege, institutional, environmental, and …

The Invisible Web At Work: Artificial Intelligence And Electronic Surveillance In The Workplace, Richard A. Bales, Katherine Vw Stone

AI-DR Collection

Employers and others who hire or engage workers to perform services use a dizzying array of electronic mechanisms to make personnel decisions about hiring, worker evaluation, compensation, discipline, and retention. These electronic mechanisms include electronic trackers, surveillance cameras, metabolism monitors, wearable biological measuring devices, and implantable technology. These tools enable employers to record their workers’ every movement, listen in on their conversations, measure minute aspects of performance, and detect oppositional organizing activities. The data collected is transformed by means of artificial intelligence (A-I) algorithms into a permanent electronic resume that can identify and predict an individual’s performance as well as …

Front Matter, North Carolina Journal Of Law And Technology

North Carolina Journal of Law & Technology

No abstract provided.

Will Robots Agree To Pay Taxes? Further Tax Implications Of Advanced Ai, Bret N. Bogenschneider

North Carolina Journal of Law & Technology

An initial policy concern from rapid automation was that if robots continue to substitute for human workers, then a fiscal policy crisis may result as tax revenues decline during a period of rapid automation. That first problem arises because the tax system has been intentionally designed not to tax capital assets, such as robots, or at least not to tax them to the same degree as human labor. A second problem also exists: advanced artificial intelligence (“AI”) may soon have the ability to engage in factual structuring as a means of direct tax avoidance. This direct tax avoidance planning by …

Designing A Pattern, Darkly, Justin Hurwitz

North Carolina Journal of Law & Technology

There is growing academic, regulatory, and legislative interest in “dark patterns”—digital design practices that influence user behavior in ways that may not align with users’ interests. For instance, websites may present information in ways that influence user decisions, or use design elements that make it easier for users to engage in one behavior (e.g., purchasing the items in a shopping cart) than another (e.g., reviewing the items in that shopping cart). The general thrust of this interest is that dark patterns are problematic and require regulatory or legislative action.

While acknowledging that many concerns about dark patterns are legitimate, this …

The Paradox Of Automation As Anti-Bias Intervention, Ifeoma Ajunwa

AI-DR Collection

A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic hiring …

The Guardian Trustee In Bankruptcy Courts And Beyond, Lindsey D. Simon

North Carolina Law Review

No abstract provided.

The Debilitating Scope Of Care Coordination Under Hippa, Frank Qin

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Cruel State Punishments, William W. Berry Iii

North Carolina Law Review

No abstract provided.

Paying For Pretrial Detention, Russell M. Gold

North Carolina Law Review

No abstract provided.

Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton

North Carolina Law Review

No abstract provided.

Hate, Interstate: The Fourth Circuit, Hate Crimes, And The Commerce Clause In United States V. Hill, Drew Bencie

North Carolina Law Review

No abstract provided.

Training Law Students To Maintain Civility In Their Law Practices As A Way To Improve Public Discourse, Nancy B. Rapoport

North Carolina Law Review

No abstract provided.

Defending The Constitutionality Of Federal Statutes, F. Andrew Hessick

North Carolina Law Review

No abstract provided.

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

North Carolina Law Review

No abstract provided.

Contents, North Carolina Law Review

North Carolina Law Review

No abstract provided.

Introduction: Legal Ethics In The Age Of Trump, Michael J. Gerhardt

North Carolina Law Review

No abstract provided.

Congressional Subpoenas In Court, Amandeep S. Grewal

North Carolina Law Review

No abstract provided.

Front Matter, North Carolina Law Review

North Carolina Law Review

No abstract provided.

A Current Regime Of Uncertainty: Improving Assessments Of Liability For Damages Caused By Artificial Intelligence, Mousa Alshanteer

North Carolina Journal of Law & Technology

The use of artificial intelligence (AI) within the healthcare industry, especially within the practice of telehealth or telemedicine, is quickly gaining momentum. Courts, however, face great difficulty in addressing the question of liability as it pertains to such use of AI, specifically due to the inconsistency in the distinction between medical device and medical procedure and the inconsistency in the application of different standards of care and preemption conditions to AI. Courts should adopt a new guiding principle and frame the question of liability as it pertains to the use of AI within the healthcare industry as one of either …

Alexa's Artificial Intelligence Paves The Way For Big Tech's Entrance Into The Health Care Industry -- The Benefits To Efficiency And Support Of The Patient-Centric System Outweigh The Impact On Privacy, Nicole Angelica

North Carolina Journal of Law & Technology

Time is the most valuable commodity bought and sold in our society. In the health care industry, time is always at a premium, and even in areas with a high concentration of physicians, patient needs are often unmet. With the rising popularity of artificial intelligence in private homes, the Big Five tech companies, Facebook, Amazon, Apple, Microsoft, and Google (FAAMG), are making strides to enter the health care industry and revolutionize it. Using Amazon’s partnership with electronic health record company, Cerner, this article will discuss how Big Five artificial intelligence technology will revolutionize the health care sector and create efficiency …

Protecting Workers' Civil Rights In The Digital Age, Ifeoma Ajunwa

North Carolina Journal of Law & Technology

No abstract provided.

Democracy In Rural America, Rick Su

North Carolina Law Review

No abstract provided.