Law Commons^™

Robotic Judges: A New Step Towards Justice Or The Exclusion Of Humans?, Karem Sayed Aboelazm, Khalid Mohamed Dganni, Fady Tawakol, Hanadi Sharif

All Works

Objective: The paper addresses how artificial intelligence can play this distinctive role at present and the vision for its development in the future. Theoretical Framework: The paper addresses the advantages enjoyed by human judges regarding cases, issuing judicial rulings and decisions, and resolving disputes. Additionally, it will discuss artificial intelligence's place in this area and the benefits it can bring to the table to promote fairness, impartiality, and objectivity in court decisions. Method: The analytical approach was used to extract the working mechanisms of artificial intelligence in this field and identify cases of bias based on practical practice and the …

Michał Nowakowski, Sztuczna Inteligencja. Praktyczny Przewodnik Dla Sektora Innowacji Finansowych, Wolters Kluwer Polska, Warszawa 2023, S. 270, Krzysztof Waliszewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

A review of Michal Nowakowski's book, Sztuczna inteligencja. Praktyczny przewodnik dla sektora innowacji finansowych, Wolters Kluwer Polska, Warsaw 2023, pp. 270

Why Tariffs Are A Tax On American Consumers, Timothy Meyer

Cornhusker Economics

Summary

The takeaway from this article should be that tariffs are a political tool, not an economic one. They do raise prices and revenue, but not as much as advertised (by either side).

At its core, Economics is the study of how scarcity is solved. That is, how limited resources are best utilized. Time and time again, Adam Smith’s idea that the invisible hand of markets would guide us to welfare-maximizing solutions, largely through specialization and trade. It’s why most of us specialize in one career and trade our hard-earned money for goods and services instead of producing them at …

The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez

Genocide Studies and Prevention: An International Journal

This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …

Conceptualizing Great Power Perpetrators, Federica D'Alessandra

Genocide Studies and Prevention: An International Journal

For over a decade, shifting geopolitics, a changed global security environment, and countless failures of diplomacy have raised important questions on how to collectively grapple with a widely-perceived “crisis of multilateralism,” and reignited debate on the fitness of the UN Security Council to deliver on its mandate under these circumstances. Among other issues, ongoing polarization when not outright “gridlock” among the Permanent Members (P5) has fueled the Council’s apparent inability to respond to threats to civilian life and to countless mass atrocities around the world. Even worse, as this article argues, some P5 today possess both the willingness and unprecedented …

Abortion Disorientation, Greer Donley, Caroline Kelly

Duke Law Journal

The word “abortion” pervades public discourse in the wake of Dobbs v. Jackson Women’s Health Organization. But do people know what it means? Not only do law and medicine define it differently, but state legislatures have codified wildly different definitions of abortion across jurisdictions. This Article exposes inherent ambiguities at the boundaries of the term, particularly as it intersects with other categories of reproductive health care often viewed as separate, like pregnancy loss and ectopic pregnancy. By juxtaposing statutory text with real people’s experiences of being denied care in states with abortion bans, this Article reveals how those ambiguities cause …

Restoring The Citizenship Of The Soldier, Chandler B. Cole

Duke Law Journal

Modern jurisprudence consistently treats the U.S. military as legally distinct, imposing different standards for service members’ constitutional rights, Federal Tort Claims Act lawsuits, and Title VII protections than it does for their civilian counterparts. The legal foundation for this treatment relies in large part on the constitutional military structure, which empowers Congress to prescribe rules and regulations for the “land and naval Forces” and exercise extensive power over “armies.” Usually, both entities—armies and the larger “land and naval Forces”—are considered synonymous with the modern-day all-volunteer force (“AVF”). This interpretation, though, neglects the foundational role the constitutional militia played in composing …

The Limits Of The Bank Service Company Act, Jacob Cunningham

Duke Law Journal

Modern banks rely on numerous third-party service providers. They host data using cloud services, rely on clearinghouses to settle financial transactions, and automate their operations using financial technology and artificial intelligence. Alongside convenience, cost savings, and sophistication, reliance on these service providers brings risks. Dysfunction in third-party services can lead to data breaches, core service outages, or—potentially—systemic risk. And the odds of these risks coming to fruition only increase as the market for service provision becomes more concentrated.

However, one clause of a little-studied antitrust statute from the 1960s provides regulators with the ability to supervise third-party services. This statute—the …

Journal Staff

Duke Law Journal

No abstract provided.

Secrecy By Stipulation, Nora Freeman Engstrom, David Freeman Engstrom, Jonah B. Gelbach, Austin Peters, Aaron Schaffer-Neitz

Duke Law Journal

GM Ignition Switch. Dalkon Shield. Oxycontin. For decades, protective orders—court orders that require parties to maintain the confidentiality of information unearthed during discovery—have hid deadly defects and pervasive abuse from the public, perpetuating unnecessary harm.

But how worrisome are these protective orders, really? Under Rule 26(c)’s plain language, protective orders are to be granted only upon a showing of “good cause.” Doesn’t that adequately cabin the orders’ entry? Prominent judges and scholars have long insisted it does, and that, under Rule 26(c), the day-to-day grant of protective orders is careful, not cavalier. Critics disagree. They charge that parties frequently agree …

Judicial Preferences And Aggrandizement Effects, Jason Marisam

ConLawNOW

Scholars increasingly portray the Supreme Court as power hungry and self-aggrandizing. This aggrandizement literature, though, lacks a robust causal theory. This essay argues that judicial aggrandizement is not the product of a power-maximizing agenda but a function of judicial preferences and legal background conditions. Aggrandizement occurs in cases where legal background conditions do not align with judicial policy preferences and the justices assert power to create their preferred policy outcomes. This theory has significant prescriptive and normative implications. For example, counterintuitively, this essay shows that more judicial aggrandizement could be a sign of a healthier institution under some conditions.

Rethinking The Fundamentals: Applying The Evolving Standards Of Decency Test To The Court’S Evaluation Of Fundamental Rights., Nick Wolfram

UC Law Constitutional Quarterly

In 1910, the Supreme Court recognized in Weems v. United States that a constitution “must be capable of wider application than the mischief which gave it birth.” This principle led to the creation of the Court’s two-pronged “evolving standards of decency,” test: (1) evidence of an objective indicia of a national consensus, and (2) the reviewing court’s own independent judgment. To this day the Court has yet to apply this test outside of the Eighth Amendment context. But can the “evolving standards of decency,” test identify and protect other fundamental rights? This Article explores how the Court could apply the …

Kukin Program Newsletter – Fall 2024, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2024 captures recent achievements, events, and updates from the Kukin Program for Conflict Resolution at Cardozo School of Law. This issue highlights the prestigious Peace Gala honoring founding director Professor Lela P. Love, insights from prominent alumni in the dispute resolution field, student leadership accomplishments, and recent awards and fellowships. Readers can explore feature articles on impactful projects and innovations in conflict resolution, including new initiatives by the CPR Institute and the International Advocate for Peace Award. This newsletter offers a comprehensive view of the Kukin Program’s dedication to advancing negotiation, mediation, and advocacy …

A Century Of Scholarship: University Of Arkansas School Of Law Faculty Scholarship 1924–2023, Steven R. Probst

Arkansas Scholarly Editions

Steven R. Probst’s bibliography A Century of Scholarship: University of Arkansas School of Law Faculty Scholarship 1924–2023 marks an important anniversary: the 2024 centennial of the U of A School of Law. To honor this occasion, Probst has assembled, through extensive archival research, the list of publications that U of A law faculty have authored over the course of the school’s hundred-year history. A Century of Scholarship is a testament to the invaluable scholarly contributions of these extraordinary thinkers who have shaped our legal landscape.

Losing Lives Despite “Lifesaving” Exceptions: Examining The Fatal Flaws Of Vague Abortion Bans And The Spectrum Of Medical Decisionmaking In Cancer Care, Kiersten Wood

Vanderbilt Law Review

On June 24, 2022, the Supreme Court upended decades of precedent pertaining to reproductive health when it held that abortion fell outside the purview of constitutionally protected rights. Since then, conservative states have raced to institute stringent abortion bans, with many lacking explicit exceptions for pregnant individuals enduring medical emergencies that necessitate care. Ambiguous statutory language has induced a chilling effect in the medical arena, where providers risk criminal and civil liabilities by performing requested and medically recommended abortions for emergent patients when fetal development would risk the life of the pregnant individual. Seized in the crossfire of hyperpolarized politics, …

Santa Clara Magazine, Volume 65 Number 2, Fall 2024 [Print Issue 62:2], Santa Clara University

Santa Clara Magazine

12 - INCREASING ACCESS Discerning one’s dream requires a whole set of experiences based on community, opportunity, and, yes, cash. Leslie Griffy

16 - UNPACKING UTOPIA It seems like billionaire-backed utopias are popping up all over the map. What does it take to build a perfect city? Lauren Loftus

22 - A WEALTH OF WELL-BEING In his new book, Professor Meir Statman explores a holistic approach to financial and life well-being. Leslie Griffy

26 - A WOMAN'S PLACE Despite being denied access to the priesthood, Catholic women find new ways to lead. Leslie Griffy

Department Of Financial Protection And Innovation, Maya Patel, Devyn Arlasky, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Fake Drake? Ai Music Generation Implicates Copyright And The Right Of Publicity, Hope Juzon

Washington Law Review

Artificial intelligence has contributed to music composition since the 1950s. Its contributions evolved from machines that produced simple melodies to programs that generate accurate vocal imitations of singers. Modern artificial intelligence relies on pre-existing—and often copyrighted—songs to create new music, the most common of which include vocal imitations of popular singers. Copyright law in the United States has yet to address how copyright holders’ rights are implicated when artificial intelligence programs are trained on protected works. As a result, these rights holders across disciplines and sectors have filed complaints alleging infringement of their works. While copyright holders await their fate, …

Drones And Ai In Modern Warfare: A Security Analysist, Tze Fung Kao

Rwanda: Post-Genocide Restoration and Peacebuilding

Abstract

Artificial intelligence’s (AI) rapid development and integration into drone systems is reshaping modern warfare, with significant implications for international security. As seen in the 2022 Russo-Ukrainian and the 2023 Israel-Hamas war, AI-enabled drones are increasingly employed for intelligence, surveillance, reconnaissance (ISR), loitering munitions, and swarm formations. The use of AI for autonomous target identification and decision-making raises both operational advantages and ethical concerns, particularly concerning accountability and the potential for unintended escalation. This paper explores the capabilities of AI drones, focusing on their implication for global security and stability and the growing challenge of regulating such systems. The proliferation …

Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board, Samantha Fidel, Yasmin Madjidi, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Contractors State License Board, Grant Marcketta, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Bureau Of Private Postsecondary Education, Caitlin D. Barón, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Dei Newsletter 2024 Issue 3, University Of Maine School Of Law

DEI Newsletter

• Orientation
• NALSA Fall Social
• 2nd Annual Day of Service
• Events Around Town
• Student Affinity Groups
• Living Room Library

Dobbs And The Destabilization Of Clinical Trials, Allison M. Whelan

Vanderbilt Law Review

This Article explores an important yet overlooked collateral consequence of the U.S. Supreme Court’s elimination of the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization: the destabilization of clinical research. Specifically, this Article focuses on the harms to pregnant persons, persons capable of pregnancy, and persons of color that may transpire as a result of new barriers to clinical research in the aftermath of Dobbs. By hindering clinical research, these new obstacles will exacerbate existing health disparities experienced by these populations, which have historically been excluded from or exploited by the American healthcare and research systems.

This …

Crime, Corruption, And Construction: Exploring The Impact Of The “Construction Mafia” On Public Infrastructure Development, Sada Kalbach

Independent Study Project (ISP) Collection

Recent government policies and a state-led focus on “radical economic transformation” have spawned a range of business forums, colloquially known as the “construction mafia,” seeking to capitalize on economic reform. However, competition for construction contracts have led to the widespread use of intimidation, violence, and government corruption within the eThekwini Municipality. This research seeks to understand how the construction mafia in eThekwini impacts the local government’s ability to develop public infrastructure, as well as the extent to which government responses enable or hinder organized criminal networks in the construction industry. Utilizing a qualitative method of semi-structured one-on-one interviews and notes …

Using Machine Learning To Predict State Compliance With International Legal Obligations For Registration Of Space Objects: Comparative Performance Of Logistic Regression And Dense Neural Network Models, Jonathan K. Sawmiller

Student Publications

Approximately 12% of satellites and other objects launched into outer space have not been registered with the United Nations (UN) as required by international law. To predict whether States will register a launched space object and understand what factors influence a registration decision, data from a UN online index of space objects was used to train and select the best machine learning model. After preparation, the dataset had 1938 datapoints with 11 features, with categorical features simplified and converted to binary.

Multiple variations of classical logistic regression models were compared to multiple variations of dense neural network models. The best …

California Board Of Accountancy, Yi Zhou, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Medical Board Of California, Steven Soldani, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Selena Sanchez, Jamie Russo, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Veterinary Medical Board, Caroline Bulger, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.