Law Commons^™

Regulating Machine Learning: The Challenge Of Heterogeneity, Cary Coglianese

Faculty Scholarship at Penn Carey Law

Machine learning, or artificial intelligence, refers to a vast array of different algorithms that are being put to highly varied uses, including in transportation, medicine, social media, marketing, and many other settings. Not only do machine-learning algorithms vary widely across their types and uses, but they are evolving constantly. Even the same algorithm can perform quite differently over time as it is fed new data. Due to the staggering heterogeneity of these algorithms, multiple regulatory agencies will be needed to regulate the use of machine learning, each within their own discrete area of specialization. Even these specialized expert agencies, though, …

Algorithmic Grey Holes, Alicia G. Solow-Niederman

Journal of Law & Innovation

No abstract provided.

The Dangers Of Automated Gunshot Detection, Maneka Sinha

Journal of Law & Innovation

No abstract provided.

Understanding Criminal Justice Innovations, Meghan J. Ryan

Journal of Law & Innovation

No abstract provided.

Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes

Journal of Law & Innovation

No abstract provided.

Masthead

Journal of Law & Innovation

No abstract provided.

Antitrust Interoperability Remedies, Herbert J. Hovenkamp

Faculty Scholarship at Penn Carey Law

Compelled interoperability can be a useful remedy for dominant firms, including large digital platforms, who violate the antitrust laws. They can address competition concerns without interfering unnecessarily with the structures that make digital platforms attractive and that have contributed so much to economic growth.

Given the wide variety of structures and business models for big tech, “interoperability” must be defined broadly. It can realistically include everything from “dynamic” interoperability that requires real time sharing of data and operations, to “static” interoperability which requires portability but not necessarily real time interactions. Also included are the compelled sharing of intellectual property or …

Rationing Access, Roy Baharad, Gideon Parchomovsky

Faculty Scholarship at Penn Carey Law

Protection of common natural resources is one of the foremost challenges facing our society. Since Garrett Hardin published his immensely influential The Tragedy of the Commons, theorists have contemplated the best way to save common-pool resources—national parks, fisheries, heritage sites, and fragile ecosystems—from overuse and extinction. These efforts have given rise to three principal methods: private ownership, community governance, and use restrictions. In this Essay, we present a different solution to the commons problem that has eluded the attention of theorists: access rationing. Access rationing measures rely not only on restrictions on the number of users but also on …

Getting Involved In The Technology Sector: The Role Of Sovereign Wealth Funds And Their Challenges To International Economic Governance, Mengjing Kong

University of Pennsylvania Journal of International Law

No abstract provided.

From Global Databases To Global Norms? The Case Of Cultural Property Law, Amnon Lehavi

University of Pennsylvania Journal of International Law

No abstract provided.

Sanctions, Nukes And Juche: Franchising In North Korea, Robert W. Emerson, Jason R. Parnell

University of Pennsylvania Journal of International Law

No abstract provided.

Peaceful Purposes Reservations In The Law Of The Sea Convention And The Regulation Of Military Exercises Or Maneuvers In The Exclusive Economic Zone, Henrique Marcos, Eduardo Cavalcanti De Mello Filho

University of Pennsylvania Journal of International Law

No abstract provided.

Algorithmic Predation And Exclusion, Thomas K. Cheng, Julian Nowag

University of Pennsylvania Journal of Business Law

No abstract provided.

Spacs, Pipes, And Common Investors, Frank Fagan, Saul Levmore

University of Pennsylvania Journal of Business Law

No abstract provided.

On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples

University of Pennsylvania Journal of Business Law

No abstract provided.

Transaction Costs In Common Ownership, Kenneth Khoo

University of Pennsylvania Journal of Business Law

No abstract provided.

Defending Esg: A New Standard Of Review For Defensive Measuresthat Impact Esg Ratings, Nicole R. Hovatter

University of Pennsylvania Law Review

No abstract provided.

Evading A Race-Conscious Constitution, Cara Mcclellan

Faculty Scholarship at Penn Carey Law

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.

Creating Common Law In The Corporate Context, Delaware Style, Karen Lynn Valihura

University of Pennsylvania Journal of Business Law

No abstract provided.

Identity Annexation: Israel's Non-Territorial And Psychic Annexation Of West Bank Samaritans In The Occupied Palestinian Territories, Zeina Jallad

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Masthead

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Resurrecting The Rent Strike Law, Greg Baltz

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Let's Talk About Sex (Work): The Irony Of Partial Decriminalization Of Sex Work, Linda S. Anderson

University of Pennsylvania Journal of Law and Social Change

No abstract provided.

Insurance And Enterprise: Cyber Insurance For Ransomware, Tom Baker, Anja Shortland

Faculty Scholarship at Penn Carey Law

Selling insurance gives insurers an incentive to manage insured risks. The “insurance as governance” literature demonstrates that insurers often make insurance conditional on ex ante risk reduction or mitigation. But insurance governs in support of enterprise, not security for its own sake. Tight underwriting inhibits enterprise – not only for insured businesses but also the business of insurance. This paper highlights ex post loss reduction as a form of insurance-based governance. Drawing on interviews with industry insiders, we explore how insurers addressed the evolving problems of moral hazard, uncertainty, and correlated losses since the 1990s. We find that cyber insurance …

The Government Behind Insurance Governance: Lessons For Ransomware, Tom Baker, Anja Shortland

Faculty Scholarship at Penn Carey Law

The insurance as governance literature focuses on the ability of private enterprises to collectively regulate, pool, and distribute risks. This paper analyzes how governments support insurance markets to maintain insurability and limit risks to society. We propose a new conceptual framework grouping government interventions into three dimensions: regulation of risky activity, public investment in risk reduction, and co-insurance. We apply this framework to six case studies, describing insurance markets’ reliance on public support in more analytically precise terms. We analyze how mature insurance markets overcame insurability challenges akin to those currently presented by extortive cybercrime. Private governance struggled when markets …

Border Orientation In A Globalizing World, Beth A. Simmons, Michael R. Kenwick

Faculty Scholarship at Penn Carey Law

Border politics are a salient component of high international politics. States are increasingly building infrastructure to ‘secure’ their borders. We introduce the concept of border orientation to describe the extent to which the State is committed to the spatial display of capacities to control the terms of penetration of its national borders. Border orientation provides a lens through which to analyze resistance to globalization, growing populism, and the consequences of intensified border politics. We measure border orientation using novel, geo-spatial data on the built environment along the world’s borders and theorize that real and perceived pressures of globalization have resulted …

Gamestop And The Reemergence Of The Retail Investor, Jill E. Fisch

Faculty Scholarship at Penn Carey Law

The GameStop trading frenzy in January 2021 was perhaps the highest profile example of the reemergence of capital market participation by retail investors, a marked shift from the growing domination of those markets by large institutional investors. Some commentators have greeted retail investing, which has been fueled by app-based brokerage accounts and social media, with alarm and called for regulatory reform. The goals of such reforms are twofold. First, critics argue that retail investors need greater protection from the risks of investing in the stock market. Second, they argue that the stock market, in term, needs protection from retail investors. …

Sentencing Co-Offenders, Ehud Guttel, Ittai Paldor, Gideon Parchomovsky

Faculty Scholarship at Penn Carey Law

Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the full brunt of the sanction. Thus, each of two offenders who jointly steal $1,000, will be subject to the full corresponding penalty (rather than the divided penalty for stealing $500).

This Article demonstrates that in property and financial crimes, the no-division regime of criminal law harms …

Reflections Of An Unapologetic Safety Regulator, Robert S. Adler

The Regulatory Review in Depth

No abstract provided.