Law Commons^™

Ai, On The Law Of The Elephant: Toward Understanding Artificial Intelligence, Emile Loza De Siles

Buffalo Law Review

Machine learning and other artificial intelligence (AI) systems are changing our world in profound, exponentially rapid, and likely irreversible ways.3 Although AI may be harnessed for great good, it is capable of and is doing great harm at scale to people, communities, societies, and democratic institutions. The dearth of AI governance leaves unchecked AI’s potentially existential risks. Whether sounding urgent alarm or merely jumping on the bandwagon, law scholars, law students, and lawyers at bar are contributing volumes of AI policy and legislative proposals, commentaries, doctrinal theories, and calls to corporate and international organizations for ethical AI leadership. Unfortunately, erroneous, …

Pain Is Enough: Chronic Pain As Disability, Katherine L. Moore

Buffalo Law Review

States have historically failed to recognize chronic pain as a disability. In medicine, chronic pain has gained increasing recognition as a disability in and of itself, even absent a current, medically determinable physical impairment. The law, however, has been slow to catch up. This Article argues that chronic pain is a disability, even without medical evidence of an underlying impairment, because of pain’s significant functional impact on the body and mind. In the 2018 case of Saunders v. Wilkie, the United States Court of Appeals for the Federal Circuit recognized that “pain is enough” for a veteran to be …

Bargaining For Integration, Shirley Lin

Elisabeth Haub School of Law Faculty Publications

The Americans with Disabilities Act (ADA) requires employers to restructure exclusionary environments upon the request of their employees with disabilities so that they may continue working. Under a virtually unexamined aspect of the mandate, however, the parties must negotiate in good faith over every accommodation request. This “interactive process,” while decentralized and potentially universal, occurs on a private, individualized basis.

Although the very existence of the mandate has been heavily debated, the scholarship has yet to acknowledge that the ADA is actually ambivalent to individuals’ relative power to effect organizational change through bargaining. This Article is the first to critique …

No Time For Hand-Wringing: A Comment On Nat’L Weather Serv. Emp.’S Org. V. Flra, Simon X. Cao

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitrability Or Delegation: A Comment On Seiu Local 121rn V. Los Robles Reg'l Med. Ctr., Tim Mangan

Arbitration Law Review (2009 - Present)

No abstract provided.

Why An Improper Venue Can Have Lasting Effects On The Intersection Of Sport And Human Rights, Jenna Ebersbacher

Arbitration Law Review (2009 - Present)

No abstract provided.

Fragmentation And Judicialization Of International Commercial Arbitration: Expedited Arbitration And The “Arbitral Trial”, Ylli Dautaj

Arbitration Law Review (2009 - Present)

No abstract provided.

Hypothetical Ai Arbitrators: A Deficiency In Empathy And Intuitive Decision-Making, Cole Dorsey

Arbitration Law Review (2009 - Present)

No abstract provided.

Novel Issues In Canadian Labour Arbitration Related To Covid-19, Richard Bales

Arbitration Law Review (2009 - Present)

No abstract provided.

The Human Psyche’S Effect On Arbitral Witness Accuracy, Caroline Skaff

Arbitration Law Review (2009 - Present)

No abstract provided.

A New (Deepwater) Horizon For Arbitrator Bias, Michael Konen

Arbitration Law Review (2009 - Present)

No abstract provided.

Contributory Fault And Investor Misconduct In Investment Arbitration, Matthew Nichol

Arbitration Law Review (2009 - Present)

No abstract provided.

Finra’S Dispute Resolution Pandemic Response, Kristen M. Blankley

Arbitration Law Review (2009 - Present)

No abstract provided.

What Title Ix Dispute Systems Designers Can Learn From Arbitration, Sarah Rudolph Cole

Arbitration Law Review (2009 - Present)

No abstract provided.

Storm And Wastewater Infrastructure: Negotiating Disputes In The Face Of Covid And Extreme Weather Events, Shannon Leininger

Arbitration Law Review (2009 - Present)

No abstract provided.

Article: Misplaced Fear, How Private International Arbitration Will Not Crumble In The Face Of Compelling Discovery Under § 1782(A), Keenan Rambo

Arbitration Law Review (2009 - Present)

No abstract provided.

Front Matter, North Carolina Journal Of Law & Technology

North Carolina Journal of Law & Technology

No abstract provided.

Smartphone Security For The Mobile Journalist: Should Reporters Give Police The Finger?, Frank D. Lomonte, Philip J. Sliger

North Carolina Journal of Law & Technology

No abstract provided.

Stating It Simply: A Comparative Study Of The Quantitative Readability Of Apex Court Decisions From Australia, Canada, South Africa, The United Kingdom, And The United States, Mike Madden

North Carolina Journal of Law & Technology

No abstract provided.

A Black-Footed Ferret And U.S. Law: Lessons Learned From The First Successful Clone Of A Native U.S. Endangered Species, Lauren Corey

North Carolina Journal of Law & Technology

No abstract provided.

Realizing A New Right: The Right To Repair At The Federal Stage, Jared A. Mark

North Carolina Journal of Law & Technology

No abstract provided.

Modernizing Mortgage Law, Christopher K. Odinet

North Carolina Law Review

No abstract provided.

An Ethical Gap In Agency Adjudication, Louis J. Virelli Iii

Buffalo Law Review

There is an ongoing crisis of confidence in American government. Accusations of incompetence and political self-dealing dominate news cycles as public institutions seek to combat—with varying degrees of success—the public health and economic consequences of a global pandemic. Highlighted in this struggle is the larger issue of the importance of integrity to the efficacy and legitimacy of administrative government. This is especially true for agency adjudication, as it is the form of agency action that most directly impacts individuals. Recusal—the process by which an adjudicator is removed, voluntarily or involuntarily, from a specific proceeding—is a time-honored way of protecting the …

The Complexities Of Conscience: Reconciling Death Penalty L Aw With Capital Jurors’ Concerns, Meredith Martin Rountree, Mary R. Rose

Buffalo Law Review

Jurors exercise unique legal power when they are asked to decide whether to sentence someone to death. The Supreme Court emphasizes the central role of the jury’s moral judgment in making this sentencing decision, noting that it is the jurors who are best able to “express the conscience of the community on the ultimate question of life or death.” Manylower courts nevertheless narrow the range of admissible evidence at the mitigation phase of a capital trial, insisting on a standard of legal relevance that interferes with the jury’s ability to exercise the very moral judgment the Supreme Court has deemed …

Funding Crises: An Empirical Study Of The Paycheck Protection Program, William A. Birdthistle, Joshua Silver

Buffalo Law Review

In the early weeks of the COVID-19 pandemic, the United States Congress funded the Paycheck Protection Program (PPP) to address the devastating consequences of business closures and millions of employees losing both their jobs and healthcare coverage during a public health emergency. That program immediately pumped more than a half-trillion dollars of forgivable loans out to five million businesses. But criticism was swift and widespread, if sometimes spurious, with detractors attacking the award of loans to wealthy celebrities such as Kanye West, politically connected donors such as the Kushner family, and large corporations such as Shake Shack and Ruth’s Chris …

Covid-19 Protocols For Ncaa Football And The Nfl: Does Collective Bargaining Produce Safer Conditions For Players?, Michael H. Leroy

Utah Law Review

My study surveyed all NCAA football programs in Power 5 conferences during the 2020 season to compare their COVID-19 safety protocols to those in the NFL-NFLPA labor agreement. College protocols lacked input from a players association. In contrast, the NFL and their players collectively bargained a seventy-two-page agreement for COVID- 19 protocols. Policies from nineteen college football programs fell far short of NFL-NFLPA standards, scoring ten to thirty points out of the forty-five safety points in the NFL labor agreement. College policies were strongest for symptom checking and cardiac evaluations. However, most college policies failed to identify players with individual …

Constance Baker Motley’S Forgotten Housing Legacy, Donovan J. Stone

Utah Law Review

Constance Baker Motley led the legal assault on Jim Crow and became the first Black woman appointed to the federal bench. She spent two decades with the NAACP’s Legal Defense and Educational Fund, assisting Thurgood Marshall in Brown v. Board of Education. Afterward, she desegregated the South’s public schools and universities and argued ten cases before the Supreme Court, winning nine. Motley also represented countless protestors jailed for their activism, including Martin Luther King, Jr.

Despite Motley’s achievements, scholars have largely overlooked her career. And those who have examined Motley’s work have generally focused on her efforts to dismantle school …

Public-Private Litigation For Health, Liza S. Vertinsky, Reuben A. Guttman

Utah Law Review

Public health litigation can be a powerful mechanism for addressing public health harms where alternative interventions have failed. It can draw public attention to corporate misconduct and create a public record of the actions taken and the harms done. In an ideal world, it could achieve compensation for past harms and incentivize deterrence of future misconduct. But the full public health potential of these lawsuits is rarely achieved, even when the suits are brought on behalf of federal, state, and local governments with the ostensible goal of protecting the health of the citizens. The increasing involvement of private attorneys in …

Fraud Law And Misinfodemics, Wes Henricksen

Utah Law Review

During the COVID-19 pandemic, many on whom the public depended for truthful information purposefully or recklessly spread misinformation that put thousands at risk. The term “misinfodemic,” coined in 2019, describes such events where misinformation facilitates the spread of a disease or causes some other health-related outcome. Though the term was only recently defined, the recent misinfodemic was not a new or novel phenomenon. False information is spread to the public all the time. This often results in harm to public health. False claims are communicated by corporations seeking to mislead the public to make more money, by politicians to gain …

Corporations Without Representation: The Constitutionality Of Gender Diversity Mandates, Talley Ransil

Utah Law Review

Biases and structural barriers contribute to the glacial pace at which women are represented on corporate boards. Even though companies with at least one female board of director outperform companies with no female directors, women only held 20% of board of director positions in 2019. Companies nationwide would not reach gender equality in the boardroom for decades without legally enforceable gender diversity requirements. In response, California Senator Jackson proposed SB 826—requiring California-based publicly held corporations to include at least one woman on their board of directors. However, conservative legal organizations filed lawsuits claiming California’s gender diversity mandate violates the California …