Law Commons^™

Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield

Duke Law & Technology Review

The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …

Spiritual-Moral Environment And Its Basic Indicators, Matlyuba Qaxxarova, Hamida Tuychieva

The Light of Islam

The article considers the problems of the spiritual and moral environment of society as a socio-historical phenomenon, the features of its development in a civil society and the laws of its development. The main attention is paid to ethical principles and means, ways to meet the needs of the individual, the importance of moral ideal, as well as objective conditions and subjective factors of the spiritual and moral environment.

In order to comprehensively improve the spiritual and moral climate in society, a philosophical approach to the question of the beliefs and beliefs of the individual was made in order to …

Consent: Objectivity And The Aesthetics Of Re-Enactment In Locative Audio Journalism About A Sexual Assault Trial, Jeanti St Clair

RadioDoc Review

Consent – walk the walk, a geo-locative audio documentary walk in St. John’s, Canada, explores a 2017 sexual assault trial that led to days of protests in the Newfoundland city: an on-duty police officer is charged with sexually assaulting an intoxicated woman he drove home from the town’s nightclub precinct. Producers Chris Brookes and Emily Deming’s work of ‘landscape journalism’ was designed to highlight the tension between popular and legal understandings of the term ‘consent’ in sexual assaults. While the audio walk is a compelling place-based listening experience, Consent raises issues around the impact of dramatised re-enactment in the …

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …

Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly

Canadian Journal of Law and Technology

Since the early 1990s, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada) began using DNA testing technology in the processing of family reunification applications. Over the years, Canadian citizens, permanent residents, and family members living abroad have been increasingly suggested, or required to undergo DNA testing to either facilitate or enable them to reunite in Canada, under the family reunification procedure. This practice, although said to be rare, has since grown in popularity, and is used more extensively for applications coming from certain regions, including Africa, Asia, and the Caribbean. Through analysis of recent case law, this paper …

International Arbitration And Attorney-Client Privilege — A Conflict Of Laws Approach, Susan Franck

Articles in Law Reviews & Other Academic Journals

Privilege determinations in international arbitration are currently the equivalent of the “wild west,” with minimal predictability and massive pockets of tribunal discretion. Yet protecting privilege in international arbitration — when the same document or communications with lawyers that is protected by United States law may receive no protection under another law — is fundamental to safeguarding attorney-client relationships within a global environment, incentivizing procedural integrity of dispute resolution, and ensuring that justice is done. As it is not clear what law applies to privilege and client confidentiality (let alone how the law is determine), this Essay begins to bridge the …

Cape Town Animal Conference, South Africa, Andrew N. Rowan

WellBeing News

The second Cape Animal Conference was held at the University of Cape Town in September, 2019. The conference theme focused on animal law development in the country but there was a broad mix of topics covered during the two days of the event.

A Rebuttal To Kinsler's And To Anderson And Muller's Studies On The Purported Relationship Between Bar Passage Rates And Attorney Discipline, William Wesley Patton

St. John's Law Review

(Excerpt)

Because of the escalating cost of legal education and the recent decline in bar passage rates among ABA approved law schools, some analysts have reasonably attempted to determine the social costs of legal education. Many have attempted to place the blame on segments of the legal education marketplace. The complicated relationships among the policies of providing more access to justice, increasing minority representation in the bar, and protecting the public from shoddy law practice have recently inflamed academic debate. In the rush for assessing blame, some analysts have published empirically flawed reports that have received a great deal of …

Ethics And Methods Of Human Rights Work: Exploring Both Theoretical And Practical Approaches, Shayna Plaut, Maritza Felices Luna, Christina Clark Kazak, Neil Bilotta, Lara Rosenoff Gauvin

Biennial Conference: The Social Practice of Human Rights

This workshop will explore both theoretical and practical approaches to methodologies and ethics as it relates to human rights work.

The goal of the workshop is to create a dynamic space that encourages participants to share and learn from our own experiences navigating the messiness of human rights ethics and methods. We specifically address formal education and systems and structures so that we may all design, do and teach research and practice related to human rights in a more critical and sustainable manner. We recognize the tensions of creating research, programs and advocacy that is seen as “legitimate” to educational …

Arbitration And The Federal Balance, Alyssa King

Indiana Law Journal

Mandatory arbitration of statutory rights in contracts between parties of unequal bargaining power has drawn political attention at both the federal and state level. The importance of such reforms has only been heightened by the Supreme Court’s expansion of preemption under the FAA and of arbitral authority. This case law creates incentives for courts at all levels to prefer expansive readings of an arbitration clause. As attempts at federal regulation have stalled, state legislatures and regulatory agencies can expect to be subject to renewed focus. If state legislatures cannot easily limit arbitrability, an alternative is to try reforms that seek …

Defending Truth, Cynthia V. Ward, Peter A. Alces

Cynthia V. Ward

No abstract provided.

Defending Truth, Cynthia V. Ward, Peter A. Alces

Peter A. Alces

No abstract provided.

Coordinating Compliance Incentives, Veronica Root

Veronica Root

In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors — from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department — place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the …

Making The Modern American Legal Profession, 1969–Present, Michael Ariens

St. Mary's Law Journal

The American legal profession has changed dramatically over the past half-century greatly due to the solution and problem of “scale.” This was most noticeable after the American Bar Association’s adoption of the Code of Professional Responsibility. The reputation of lawyers and the legal community would continue to evolve in the eyes of the public. As such, the demand for lawyers and large law firms who had the capacity and means to handle such vast and varied issues would present itself. The increasing demand from large law firms over the years led to unprecedented growth and impact to the way in …

Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso

Seton Hall University Dissertations and Theses (ETDs)

Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.

The Two Most Important Questions For Ethical Public Health, John Coggon, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Public health ethics is a distinct and established field, and it is important that its approaches and rationales are understood widely in the public health community. Such understanding includes the capacity to identify and combine principled and practical concerns in public health. In this paper, we present a background to the ideas that motivate public health ethics as a field of research and practice, and rationalize these through a critical ethico-legal approach to analysis. Two essential points of inquiry are identified and formulated to allow philosophical and practical agendas regarding public health to be combined. These come through asking the …

Mid-Atlantic Ethics Committee Newsletter, Summer 2019

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Legal And Ethical Considerations For Policing Nongovernmental Actors In Space, Sara Langston

Sara Langston

The Model Rules Of Autonomous Conduct: Ethical Responsibilities Of Lawyers And Artificial Intelligence, Ed Walters

Georgia State University Law Review

Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today they are using AI for legal research, drafting, contract management, and litigation strategy. The use of AI to deliver legal services is not without its detractors, and some have suggested that the use of AI may take the jobs of lawyers—or worse, make lawyers obsolete. Others suggest that using AI …

Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model For The 21st Century Legal Professional, Alyson Carrel

Georgia State University Law Review

The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for lawyers: problem-solving and decision-making skills to counsel clients on how best to meet their desired goals and needs. In 2014, Amani Smathers introduced the legal field to the concept of the T-shaped lawyer. The T-shaped lawyer stems from the concept of T-shaped professionals who have a depth of knowledge in …

Digital Colonialism: The 21st Century Scramble For Africa Through The Extraction And Control Of User Data And The Limitations Of Data Protection Laws, Danielle Coleman

Michigan Journal of Race and Law

As Western technology companies increasingly rely on user data globally, extensive data protection laws and regulations emerged to ensure ethical use of that data. These same protections, however, do not exist uniformly in the resource-rich, infrastructure-poor African countries, where Western tech seeks to establish its presence. These conditions provide an ideal landscape for digital colonialism.

Digital colonialism refers to a modern-day “Scramble for Africa” where largescale tech companies extract, analyze, and own user data for profit and market influence with nominal benefit to the data source. Under the guise of altruism, large scale tech companies can use their power and …

Old Ethics In New Wineskins? Examining The Ethical Difficulties In Court Online Dispute Resolution, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This post is based on a presentation made at the National Mediation Conference, Canberra, April 2019. The presentation has been drawn from two articles, Ethical Concerns in Court-Connected Online Dispute Resolution (2018) 1-2 International Journal of Online Dispute Resolution 20, and The Convergence of ADR and ODR within the Courts: The Impact on Access to Justice (2019) 38(1) Civil Justice Quarterly 126.

Ethics, Corporate Social Responsibility, And Law, Luminita M. Cirstea

MBA Student Scholarship

Corporate Social Responsibilities (CSR) and organizational ethics have been described with a variety of definitions in the past literature, without any explanations of the underlying motives and assumptions. For instance, Kim, Youn, and Lee (2019) define CSR as “activities or processes concerned with how an organization exceeds the minimum obligations to stakeholders’ specified through regulation and corporate governance” (p. 682). Although these descriptions have demonstrated different details and expectations of what social, business, and legal procedures a company can engage in, CSR defines the relationship between an enterprise and the community the industry serves. Additionally, CSR concentrates on the voluntary …

Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green

Dickinson Law Review (2017-Present)

Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …

Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in …

Usa: Millions Of Cats Killed, Millions Of Cats Declawed; The Culture Of Convenience And The Lack Of Respect For Life, Alev Dudek

Alev Dudek

"I Am The Master": Some Popular Culture Images Of Ai In Humanity's Courtroom, Christine Corcos

Christine A. Corcos

No abstract provided.

The Ever-Changing Landscape Of Informed Consent And Whether The Obligation To Explain A Procedure To The Patient May Be Delegated, Samuel D. Hodge, Maria Zambrano Steinhaus

Arkansas Law Review

Informed consent is an integral part of the shared decision making process and requires a patient be informed of the benefits, risks and alternatives to a medical procedure. This information, which requirement has been codified into the law and practice of every healthcare provider, helps a patient decide whether to proceed with the recommended treatment plan. Informed consent has its foundation in the ethical notion of patient autonomy and fundamental human rights. After all, it is the patient’s decision to determine what may be done to his or her body and to ascertain the risks and benefits before undertaking a …

Second-Best Criminal Case, William Ortman

Law Faculty Research Publications

No abstract provided.