Law Commons^™

Liability For Ai Decision-Making: Some Legal And Ethical Considerations, Iria Giuffrida

Faculty Publications

No abstract provided.

Court Record In The Age Of Artificial Intelligence, Fredric I. Lederer

Popular Media

No abstract provided.

Eelgrass In Virginia: Assessing Opportunities And Obstacles For Blue Carbon Credits, Michael Jordan, Imani Price

Virginia Coastal Policy Center

This Paper seeks to explore a few of the questions that eelgrass restoration project proponents will need to consider prior to participating in a voluntary carbon credit market, like the VCS [Verified Carbon Standard]. Part I of this Paper explores whether the Commonwealth of Virginia could participate as a project proponent in a voluntary carbon credit market, and then analyzes both constitutional limitations and statutory limitations on the current state agency charged with overseeing the state-owned bottomlands—the Virginia Marine Resources Commission (VMRC). It also explores a few possible solutions to constitutional and statutory issues. Assuming that the eelgrass restoration activities …

Los Efectos De La Minería En La Salud: El Movimiento Social Aymara En Torno Al Cerro Márquez, Maya Hajny Fernandez

Independent Study Project (ISP) Collection

With the political and social state of Chile’s history, mining has been present for hundreds of years, affecting the land and the indigenous populations in the country. This study asked how mining in the town of Ticnamar would affect the community, what positive and negative results mining activity has, what the most important elements of the social movement against mining are and how all of these elements influence health. The study sought to learn and study the impact of and the motivations that mining could have in the community of Ticnamar, and how it is perceived by the community. More …

Privacidad Digital En Ecuador: El Papel De La Vigilancia, La Jurisprudencia Y Los Derechos Humanos, Giselle Valdez

Independent Study Project (ISP) Collection

Este documento es un estudio de caso sobre la privacidad digital en Ecuador, cómo se protege y cómo se debe mejorar las protecciones. Comienzo presentando la falta de privacidad de la persona en Ecuador, a través de la reciente violación de datos y las tecnologías de vigilancia en todo el país desde China. Luego, para analizar la jurisprudencia y la falta de protección de la privacidad en la ley, hago la transición a un análisis legal de la privacidad de datos en Ecuador a través de la Constitución de 2008. Cuando establezco que falta privacidad digital en Ecuador, demuestro una …

Federal Funding Programs: Benefit-Cost Analyses And Low To Moderate Income Communities, Kelsey Mcneill, Alyssa Glass

Virginia Coastal Policy Center

“Global average sea level has risen by about 7-8 inches (about 16-21cm) since 1990, with about 3 of those inches (about 7 cm) occurring since 1993.” Since both the ocean and the atmosphere are getting warmer, global sea levels are projected to rise at an increased rate over the coming centuries. Unsurprisingly, rise in sea level disproportionately negatively impacts coastal communities. For instance, a combination of high magnitude storms and sea level rise causes dangerous flooding to occur farther inland than in the past. Higher sea levels will also cause communities to flood more frequently around high tide even in …

Law Library Blog (August 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Improving Law Enforcement Daily Deployment Through Machine Learning-Informed Optimization Under Uncertainty, Jonathan David Chase, Duc Thien Nguyen, Haiyang Sun, Hoong Chuin Lau

Research Collection School Of Computing and Information Systems

Urban law enforcement agencies are under great pressure to respond to emergency incidents effectively while operating within restricted budgets. Minutes saved on emergency response times can save lives and catch criminals, and a responsive police force can deter crime and bring peace of mind to citizens. To efficiently minimize the response times of a law enforcement agency operating in a dense urban environment with limited manpower, we consider in this paper the problem of optimizing the spatial and temporal deployment of law enforcement agents to predefined patrol regions in a real-world scenario informed by machine learning. To this end, we …

Making Sustainability Disclosure Sustainable, Jill E. Fisch

All Faculty Scholarship

Sustainability is receiving increasing attention from issuers, investors and regulators. The desire to understand issuer sustainability practices and their relationship to economic performance has resulted in a proliferation of sustainability disclosure regimes and standards. The range of approaches to disclosure, however, limit the comparability and reliability of the information disclosed. The Securities & Exchange Commission (SEC) has solicited comment on whether to require expanded sustainability disclosures in issuer’s periodic financial reporting, and investors have communicated broad-based support for such expanded disclosures, but, to date, the SEC has not required general sustainability disclosure.

This Article argues that claims about the relationship …

An Agent-Based Model Of Financial Benchmark Manipulation, Gabriel Virgil Rauterberg, Megan Shearer, Michael Wellman

Articles

Financial benchmarks estimate market values or reference rates used in a wide variety of contexts, but are often calculated from data generated by parties who have incentives to manipulate these benchmarks. Since the the London Interbank Offered Rate (LIBOR) scandal in 2011, market participants, scholars, and regulators have scrutinized financial benchmarks and the ability of traders to manipulate them. We study the impact on market quality and microstructure of manipulating transaction-based benchmarks in a simulated market environment. Our market consists of a single benchmark manipulator with external holdings dependent on the benchmark, and numerous background traders unaffected by the benchmark. …

The Niobrara National Scenic River: Exploring Co-Management Through A Case Study Of The Niobrara Council, Melissa M. Mosier

School of Natural Resources: Dissertations, Theses, and Student Research

In recent decades, government staff and local citizens have increasingly employed cooperative schemes of natural resource management, in lieu of more conventional, top-down approaches of addressing user conflicts as they relate to water resources. The focus of this project was on the Niobrara Council, a partnership of local, state, and federal representatives charged with cooperatively managing the reach of the Niobrara River that was federally designated under the Wild and Scenic Rivers Act in 1991. The project's purpose was to explore the cooperative framework of the Council, using the methodology outlined by Carlsson and Berkes (2005). This methodology involved investigating …

Marxist Implementation Of Climate Change As A Geopolitical Fear Tactic, Katelyn Larossa

Senior Honors Theses

In recent years the climate change debate has shifted from the peripheries of international political discussions to center stage, manifesting in the Paris Agreement in November of 2016 under the United Nations Framework Convention on Climate Change. However, the science behind the climate change debate is disputed and does not support the claims made by global leaders who continue to push for increasing environmental regulations and financial aid to those most adversely affected by the supposed climate change (underdeveloped and developing nations). Examining the geopolitical and economic implications of climate change actions reveals the underlying political philosophies guiding global leaders. …

Dredged Material Ownership: Rights And Reuse, John Bobka, Beth Pindilli

Virginia Coastal Policy Center

This research paper explores ownership rights at sites with material from completed dredging projects, supplying a general overview of this issue. This paper also explores the question of whether quality dredged material stored on a publicly-owned upland site can be used later for other applications.

This abstract has been taken from Section I of the report.

Phase Ii Ms4 Permit Requirements: A Survey Of Public Education And Outreach & Public Involvement And Participation Efforts, Connor Jennings, Donnie Autry

Virginia Coastal Policy Center

Under the Clean Water Act (CWA), various types of stormwater discharges must be regulated through the National Pollutant Discharge Elimination System (NPDES) permitting program, since the water often flows untreated into local waterways and potentially could contain high levels of pollution and contaminants. Municipal Separate Storm Sewer Systems (MS4s) consist of any conveyance designed to collect or convey stormwater (e.g., storm drains, underground pipes, gutters, curbs) that are not part of a combined sewer system or water treatment plant. Generally, these systems are owned by municipalities but can also include large users such as public universities, hospitals, and military bases. …

Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White

Independent Study Project (ISP) Collection

When discussing the issue of political autonomy, the usual topics that are taken into consideration are based around human rights, language, culture, society or economics. Those are the most commonly discussed for good reason, as they are important for the rights and freedoms of a community itself. However, this research paper aims to investigate further into the discussion of the environmental effects of political autonomy in Spain, specifically in the matter of autonomous competencies for waterway and air management. Therefore, in order to test such a hypothesis, this study will use the Basque Country of Spain as the subject, and …

Balancing Act: Water Quality Protection And Flood Resilience, Samatha Becker

Virginia Coastal Policy Center

Flood resilience efforts and laws designed to protect water quality may not always be compatible under current Virginia law. This paper will discuss two examples in particular. First, there can be tensions between the water quality goals under the Chesapeake Bay Preservation Act and efforts to conduct flood resilience projects within 100 feet of the shoreline in Tidewater Virginia. Second, there are significant challenges faced by localities seeking to comply with the Virginia Stormwater Management Program, while also continuing to mitigate the impacts of flooding. These two examples stem from the larger question facing Virginia: as flooding increases, how does …

Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy

Virginia Coastal Policy Center

This paper first provides a brief overview of the two main water rights doctrines: riparian rights in the east, and prior appropriation in the west, with special emphasis on Virginia’s and California’s water laws. This paper next looks at particularly relevant water supply solutions, including bringing the agriculture industry to the table, implementing aquifer storage and recovery and groundwater trading programs, embracing “One Water” plans, and expanding water budgeting laws in the state. Each section first examines the actions that Virginia has already undertaken, before highlighting examples of success in the west and making recommendations for ways in which Virginia …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

Beneficial Use Of Dredged Material: Role Of State Permitting Programs And Regulations, Samantha Becker, Sashenka Brauer

Virginia Coastal Policy Center

Beneficial use projects that utilize dredged material will involve several steps: dredging operations, storage of the dredged material, and placement of the dredged material for shoreline resiliency or restoration purposes. Each of these steps implicate different state permitting programs and regulations. Determining which permit programs are applicable will depend on the activity’s impact on the surrounding environment, based on factors such as water quality, and land erosion and degradation. This paper will focus primarily on three questions:

1. Which Virginia permitting programs may apply to the storage of dredged material on an upland site?

2. Which Virginia permitting programs may apply to …

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Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen

Virginia Coastal Policy Center

More than half of the population of the continental United States resides in coastal communities, which are increasingly home to commercial shellfish aquaculture operations. Consequently, a variety of user conflicts can arise as states seek to encourage the development or expansion of shellfish aquaculture. Each of these conflicts creates the potential for opposition and legal challenges to the industry.

An understanding of the legal and regulatory context governing shellfish aquaculture can assist in managing conflicts related to the industry. Laws and regulations in some cases create or can be perceived as impediments to the growth or success of the aquaculture …

Automation Tax Vs Robot-Tax, Vincent Ooi

Research Collection Yong Pung How School Of Law

The positive impact of developments in technology on the economy has historically outweighed the disruptive impact on employment. Society has benefited from the efficiency gains derived from the application of technology in production, while workers displaced by these technologies have largely been successfully retrained and employed in other jobs. However, the pace of development of the “Fourth Industrial Revolution” now presents a risk of mass displacement of human labour, particularly in tasks that are repetitive and menial. The “Fourth Industrial Revolution” is characterised by significant progress in a closely-linked cluster of areas such as robot dexterity, machine learning, processing power, …

Law School News: Roger Williams University Announces 11th President 02-13-2019, Ed Fitzpatrick

Life of the Law School (1993- )

No abstract provided.

The New Legal Landscape For Text Mining And Machine Learning, Matthew Sag

Faculty Articles

Now that the dust has settled on the Authors Guild cases, this Article takes stock of the legal context for TDM research in the United States. This reappraisal begins in Part I with an assessment of exactly what the Authors Guild cases did and did not establish with respect to the fair use status of text mining. Those cases held unambiguously that reproducing copyrighted works as one step in the process of knowledge discovery through text data mining was transformative, and thus ultimately a fair use of those works. Part I explains why those rulings followed inexorably from copyright's most …

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.

Distributed Renewable Energy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

For individuals, the heating and cooling of buildings is the second largest source of U.S. CO2 emissions after transportation. This chapter suggests pathways to help deploy the two most promising categories of U.S. distrib­uted renewable energy resources to reduce these emissions—photovoltaic solar matched with storage and ther­mal sources for hot water and for heating and cooling buildings. Distributed generation is probably the energy source most impacted by different levels of government and nongovernmental actors. However, distributed generation is also most immediate to consumers, especially with new technologies or rate structures that give them feedback about their own individual generation and …

Aba Rpte Conservation Easement Task Force Report: Recommendations Regarding Conservation Easements And Federal Tax Law, W. William Weeks

Articles by Maurer Faculty

Authors' Synopsis: In October 2015, the American Bar Association's Real Property, Trust and Estate Law (RPTE) section convened a Conservation Easement Task Force. The objective of the Task Force was to provide recommendations regarding federal tax law as it relates to conservation easements. This Report is the culmination of the Task Force's work. Part I of the Report is an Executive Summary of the Task Force's recommendations. Part II provides the background necessary to understand the Task Force's recommendations. Part III briefly sets forth the Task Force's comments on the Tax Cuts and Jobs Act of 2017 as it relates …

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Articles

This paper examines impressive new applications of legal text analytics in automated contract review, litigation support, conceptual legal information retrieval, and legal question answering against the backdrop of some pressing technological constraints. First, artificial intelligence (Al) programs cannot read legal texts like lawyers can. Using statistical methods, Al can only extract some semantic information from legal texts. For example, it can use the extracted meanings to improve retrieval and ranking, but it cannot yet extract legal rules in logical form from statutory texts. Second, machine learning (ML) may yield answers, but it cannot explain its answers to legal questions or …

Clean Energy Justice: Charting An Emerging Agenda, Shelley Welton, Joel B. Eisen

All Faculty Scholarship

The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we assert that it is useful to understand these challenges collectively, as part of an emerging agenda of …

Transparency And Algorithmic Governance, Cary Coglianese, David Lehr

All Faculty Scholarship

Machine-learning algorithms are improving and automating important functions in medicine, transportation, and business. Government officials have also started to take notice of the accuracy and speed that such algorithms provide, increasingly relying on them to aid with consequential public-sector functions, including tax administration, regulatory oversight, and benefits administration. Despite machine-learning algorithms’ superior predictive power over conventional analytic tools, algorithmic forecasts are difficult to understand and explain. Machine learning’s “black-box” nature has thus raised concern: Can algorithmic governance be squared with legal principles of governmental transparency? We analyze this question and conclude that machine-learning algorithms’ relative inscrutability does not pose a …

Regulation Of Artificial Intelligence In Selected Jurisdictions, Jenny Gesley, Tariq Ahmad, Edouardo Soares, Ruth Levush, Gustavo Guerra, James Martin, Kelly Buchanan, Laney Zhang, Sayuri Umeda, Astghik Grigoryan, Nicolas Boring, Elin Hofverberg, Clare Feikhert-Ahalt, Graciela Rodriguez-Ferrand, George Sadek, Hanibal Goitom

Copyright, Fair Use, Scholarly Communication, etc.

Comparative Summary

This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union (EU). In addition, a survey of international organizations describes the approach that United Nations (UN) agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics codes, and actions by and statements from governments and their agencies on AI are also addressed. While the country surveys look at various legal issues, including data protection and privacy, transparency, human oversight, surveillance, public administration and services, autonomous vehicles, …