Law Commons^™

Grading Machines: Can Ai Exam-Grading Replace Law Professors?, Kevin L. Cope, Jens Frankenreiter, Scott Hirst, Eric A. Posner, Daniel Schwarcz, Dane Thorley

Coase-Sandor Institute for Law & Economics Research Paper Series

In the past few years, large language models (LLMs) have achieved significant technical advances, such that legal-advocacy organizations are increasingly adopting them as complements to—or substitutes for— lawyers and other human experts. Several studies have examined LLMs’ performance in taking law school exams, finding mixed results. Yet there have been no published studies systematically analyzing LLMs’ competence at one of law professors’ chief responsibilities: grading law school exams. This paper presents results of an analysis of how LLMs perform in evaluating student responses to legal analysis questions of the kind typically administered in law school exams. The underlying data come …

Purdue Pharma And The New Bankruptcy Exceptionalism, Anthony Casey, Joshua Macey

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Bankruptcy Judging After Williamson, Vincent S.J. Buccola

Coase-Sandor Institute for Law & Economics Research Paper Series

This Essay asks how bankruptcy judges ought to orient their substantial, statutory discretion in business reorganization cases. The motivating observation is that bankruptcy law enacts a kind of forced integration of productive assets. To shed light on the contemporary problems that bankruptcy judges face, I thus look to two classic approaches to the economic theory of the firm-from Oliver Williamson and from Oliver Hart. I conclude that nonjudicial institutions have largely surmounted the problems to which their theories point, leaving a different, and probably narrower, set of issues to worry about. Bankruptcy judges who have a notion that their job …

Safety Score Liability, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

Data technology is increasingly deployed to assign safety scores to people and products. Could these scores be used by tort law to apportion liability for accidents? Instead of basing tort liability on negligence—on the level of care leading to the specific accident—“safety score liability” would impose liability commensurate with a party’s habitual propensity to behave unsafely. This article describes how safety score liability would work, the incentives it would create, and the principles limiting its adoption. The article suggests that the precision of AI tools generating such scores—scores that have already reshaped other channels of safety regulation in society— offers …

Unequal Ownership, Ofer Eldar, Rory Van Loo

Faculty Scholarship

Market concentration and weak competition do not just lead to lower efficiency but also result in corporate profits flowing primarily to wealthy households that own a disproportionate share of public corporations. We demonstrate that this is a growing distributional problem not only due to familiar reasons in the literature, most notably shifts in market power, but also due to changes in the socio-economic makeup of ownership. Over the past twenty years, households in the bottom 90 percent of wealth have seen their share of stock ownership decline by half. That is, the ownership of corporations has become increasingly concentrated among …

How Not To Democratize Algorithms, Ngozi Okidegbe

Faculty Scholarship

A growing set of jurisdictions has embraced “consultative algorithmic governance,” the idea that community members, particularly racially and otherwise politically marginalized ones, should be involved in the processes by which state institutions procure, construct, implement, and oversee artificially intelligent algorithms employed in public sector decision-making. Consultative processes range from public hearings that provide communities with an opportunity to comment about anticipated algorithmic use to community advisory boards that help public officials evaluate the impact of current or future algorithmic use.

This Article argues that consultative algorithmic governance is critically flawed and then builds upon this critique to point toward a …

The Complex And Marginalized Experiences Of Bipoc Trafficked Women: An Examination Of Disabilities, Aces, Discrimination, And Racism, Jacquelyn C. A. Meshelemiah, Fabian Arroyo Rojas, Hannah Ruth Steinke, Marlene Carson, Justin A. Haegele

Human Movement Studies & Special Education Faculty Publications

The purpose of this study was to examine the lived experiences and multiple identities of disabled BIPOC trafficked women. The findings from this study help to identify a carousel of victimization experienced by disabled BIPOC trafficked women, starting with adverse childhood experiences, onto trafficking victimization that differed between Black and White women, and later while seeking services. These findings highlight the need for providers and researchers to think beyond monolithic identities and consider the intersecting ways in which various forms of oppression (ableism and racism) influence the experiences of disabled trafficked BIPOC women.

Green Regionalism In World Trade Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

Multifaceted geopolitical conflicts have led to disruptions in the trade regime and multilateral negotiations. As a paradigm shift, green regionalism has emerged as a new normative process for regional economic frameworks to integrate and operationalize environmental sustainability. The article offers the first interdisciplinary analysis of green regionalism in world trade law. It argues that green regionalism, which has evolved amid various waves of global regionalism, constructs the normative foundation for 'Trade and Sustainability 2.0'. The article employs the concept of recognition in international relations to unveil the motivations and actions of major states in catalyzing green regionalism. Legal and political …

Artificial Intelligence & Criminal Justice: Cases And Commentary, Benjamin Perrin

All Faculty Publications

When I was given the chance to develop a seminar this year at UBC’s Peter A. Allard School of Law, I jumped at the opportunity to develop something new and engaging. After brainstorming ideas with students, it quickly became evident that there was substantial interest and enthusiasm for a seminar on the growing integration of artificial intelligence and the criminal justice system.

Embarking on this journey has been a steep learning curve for me as my students and I worked together to shape the course along with input from generative AI tools like ChatGPT, Gemini and Perplexity, along with open-source …

Policy Forum: Comparing Canadian Output-Based Pricing Systems, Wei Cui

All Faculty Publications

The Canadian public widely anticipates the demise of the federal fuel charge in 2025, and politicians and journalists now frequently refer to “industrial carbon pricing” as the main line of defence still held in Canada’s greenhouse gas emission reduction plan. This commentary examines the most important component of this line of defence—namely, federal and provincial output-based pricing systems (OBPS). It assembles hitherto obscure information with respect to three OBPS design features: eligibility, stringency of emission reduction requirements, and total cost to emitters. The study finds that OBPS implementation is off to a weak start. Many sectors that do not genuinely …

'Decide One More Time': Prostitution And Sexual Intelligence In The Early Writings Of Andrea Dworkin, Janine Benedet

All Faculty Publications

Andrea Dworkin’s first book, Woman Hating, was published in 1974, and written while Dworkin was in her 20s. It is experimental, literary, and ultimately hopeful. Right Wing Women, which had its start as a Ms. Magazine article in 1977, was expanded into a book in 1983. The most difficult of Dworkin’s works to find today, it was also her least favourite, owing to the academic conventions demanded by the publisher. It is dense, political and unflinching in its criticism. Despite their differences, these two books demonstrate the evolution of Dworkin’s thinking as she grapples with a central feminist …

What Can One Learn From Chinese Tax Administration? A Precis Of The Administrative Foundations Of The Chinese Fiscal State (Cambridge University Press, 2022), Wei Cui

All Faculty Publications

The Administrative Foundations of the Chinese Fiscal State (Cambridge University Press 2022) explores how China developed a tax system to support its economic transformation. Among scholars who study taxation and economic growth, a familiar idea is that it is generally very difficult for poor countries to develop the state apparatus needed to raise revenue. The lack of revenue, in turn, prevents governments from providing critical public goods and services needed to spur economic growth. State capacity in taxation, therefore, is a major determinant of which countries become prosperous and which do not. An obvious question, then, is whether the evolution …

Sauce For The Gander: The False Symmetry Of Myths And Stereotypes Against The Accused In Sexual Assault Trials, Janine Benedet

All Faculty Publications

As sexual assault laws evolved to be expressed in sex-neutral language, so too have arguments relating to myths and stereotypes in the context of sexual offences. This article evaluates the argument that myths and stereotypes, traditionally a reflection of systemic discrimination against female complainants in rape trials, also operate against male accused. Understood correctly, this trend repackages anti-feminist backlash to early equality reform efforts, ultimately working to revive the belief that women’s accusations of sexual assault are often false. The Supreme Court of Canada’s decision in R v Kruk affirms that this historical context matters when it comes to claims …

The Curious Case Of The Law Review Editor: A Study Of Higher Education's Peculiarly Powerful Students, David R. Wright

Theses and Dissertations--Educational Policy Studies and Evaluation

Many law students in their second or third year enroll in student-led, high-impact co-curricular programs such as law journals, moot court teams, and trial competition teams. Law journals particularly demand significant portions of students’ time and energy, especially for students holding Editor-in-Chief positions on a journal. Much has been written about law journals as institutions or about their utility in modern legal education; but little is known about the actual expectations and experiences of the students leading them. Few, if any, studies exist examining the student experience in law journal leadership. How student editors spend their time running their journal …

Making Headway On Sports Concussion: Sport-Specific Strategies For Concussion Prevention, Marcus Moore

All Faculty Publications

Concussions in sports are a significant public health concern worldwide. Concussion is a traumatic brain injury (‘TBI’) resulting from biomechanical forces transmitted to the head that disrupt normal neurological function. Globally, an estimated 69 million TBIs occur annually. Concussive effects can persist as long-term syndromes (post-concussion syndrome), or compound themselves into life-threatening emergencies (second-impact syndrome). Chronic, even subconcussive, impacts can ultimately lead to degenerative neurological conditions (chronic traumatic encephalopathy). Troublingly, to date, there remains no medical cure for concussions. Prevention is thus paramount, as well as management, to avoid the compounding of injury or dangerous complications, as noted. Sports and …

Constitutional Law: First Amendment Disequilibrium, Christina Koningisor

The Judges' Book

No abstract provided.

Refugee Law: Human Rights, Refugee Law, And Border Crossing, Moria Paz

The Judges' Book

No abstract provided.

Climate Change And Corporate Law In The United States: Not "Woke" But Eyes Open., Cynthia A. Williams

Articles by Maurer Faculty

This Essay discusses the evidence that climate change and nature loss create financially material risks for corporations that must be carefully considered by officers and directors pursuant to their fiduciary duties of loyalty and care. This analysis concludes that under the current state of fiduciary duty law and the known financial risks presented by climate change and nature loss, officers and directors of corporations may breach their fiduciary duties by failing to implement and monitor a robust system to identify and manage each type of industry-specific climate-related and nature related risk. Risk of breach is particularly acute for entity-specific compliance …

"17 Going On 23": Sentencing Young People To Life In Canada, Debra Parkes

All Faculty Publications

This paper analyzes reported Canadian cases from 2008 to 2022 in which young people were sentenced for murder. It shows that, at least in these reported decisions, sentencing young people as adults for murder is not rare. The Crown routinely seeks life sentences for young people and the court orders them in the vast majority of cases in which they are sought. Life sentences for young people have become normalized and expected in murder cases, rather than exceptional. This paper delves into the case law to get a better picture of why and how this is happening.

Old Habits Die Hard: Precedent, Psychology, And The Admissibility Of Forensic Evidence, Sara Gordon

All Faculty Publications

Forensic evidence, long considered a cornerstone of criminal justice, has faced increasing scrutiny as recent studies and reports expose significant flaws in its scientific foundation. Techniques such as latent fingerprint analysis, microscopic hair comparison, and ballistics matching, which had been widely accepted for decades, are now being challenged for their lack of empirical validation. Reports by the National Research Council and the President’s Council of Advisors on Science and Technology have highlighted the deficiencies in these forensic methods, calling into question their reliability and the weight they are given in courtrooms. Yet despite the growing acknowledgement of widespread issues affecting …

Streaming, Copyright And Creators: A Canadian Perspective, Graham Reynolds

All Faculty Publications

This paper will provide an introduction to streaming and copyright in Canada. It will proceed in five parts. Following this introduction, Part 2 of this paper will define streaming, discuss some of the benefits that flow from the widespread use of streaming services, and outline the extent to which streaming technologies are in use in Canada today. In so doing, this paper will distinguish between three types of streaming services: streaming services that secure authorization from rights-holders before making content available; streaming services that rely on technological measures or liability exemptions in order to host content in a non-infringing manner; …

Policy Forum: Are Carbon Contracts For Difference Well Suited For Canada?, Wei Cui

All Faculty Publications

At least up to the release of the federal 2024 budget, many Canadian politicians, climate policy think tanks, and industry groups promoted carbon contracts for difference (CCfD) to complement carbon pricing. This commentary urges caution against the broad adoption of CCfDs. The author begins by noting that the current designs of provincial output-based pricing systems (OBPS) are not consistent with the expectation of the systems delivering robust price signals. He argues that CCfDs depend on such price signals, and they are not a plausible policy for encouraging the emergence of such signals. The author then argues that it is hard …

Binding Rights: Contractual Federalism And The Right To Housing In Canada, Alexandra Flynn

All Faculty Publications

Canada’s housing crisis continues to deepen, exacerbated by constitutional fragmentation and intergovernmental reluctance to implement human rights-based housing policy. While the federal National Housing Strategy Act recognizes housing as a human right, its application is limited and its legal force is limited to the federal level, leaving provinces and municipalities unbound. This article argues that contract law – particularly conditional funding agreements between the federal government and subnational actors – can serve as a pragmatic and legally coherent mechanism to bind municipalities to housing obligations, including the recognition of housing as a human right. Drawing on the Canada Health Act …

Artificial Intelligence And Music Mash-Ups: Monetizing An Opt-In Closed Universe Database To Preserve Royalties And Credit For Composer And Sound Recording Rights Holders, Michael M. Epstein

Marquette Law Review

This Article charts the development of an opt-in database of music publishing and sound recording catalogues that would allow music industry stakeholders to profit from those who use artificial intelligence to generate new creative content from existing intellectual property. The database would be a portal to content that rights holders would consent to include in a library made available to the public. The database could be advertiser-supported, allowing for no-cost access by the public, or users could pay for a blanket license or per- search fee. Proceeds from the database would be distributed to rights holders based on the content …

Masthead

UC Law Journal of Race and Economic Justice

No abstract provided.

Targeted And Ticketed: Student Ticketing And The Perpetuation Of The School-To- Prison Pipeline, Jasmine Richardson-Rushin, Angelica Jimenez, Gwendolyn Walker, Hannah Benton Eidsath

UC Law Journal of Race and Economic Justice

The National Center for Youth Law (NCYL) is a non-profit organization working to end the harms of the juvenile, municipal and criminal legal systems, including by decriminalizing normal adolescent behavior, ending financial consequences, and improving children’s access to adequate developmentally appropriate treatment. Our work prioritizes eradicating the school-to-prison pipeline, and abolishing harmful fines, fees and economic sanctions through the Debt Free Justice Campaign (DFJ).

In school districts across the nation, students receive fees and fines as consequences for school-based behavior. Students are policed and ticketed for age-appropriate behaviors and disciplinary matters such as littering, truancy, and underage drinking and smoking. …

Taking The Name Brown In Vain: Separate But Equal, Brown And The Harvard Case, Matthew Coles

UC Law Journal of Race and Economic Justice

No abstract provided.

Remedies For Decades Of Hbcu Underfunding: Can Coalition V. Maryland Serve As A Model, Or Is Government “Persuasion” Needed?, John K. Pierre, Gail S. Stephenson

UC Law Journal of Race and Economic Justice

No abstract provided.

Black Migrants And Black Lives Matter: Voices Of Tension, Racism, Pan- Africanism, And Prospects For Collaboration, Bill Ong Hing

UC Law Journal of Race and Economic Justice

No abstract provided.

Racial Capitalism And The Proliferation Of Charter Schools In Oakland, Julie Mendoza

UC Law Journal of Race and Economic Justice

Over the last thirty years, charter schools have flooded the American public education system. The publicly funded and privately operated alternative to neighborhood district schools is often celebrated as a means for under-resourced students to receive a quality education. However, the effect of charter school growth on districts themselves and the students who remain at traditional district schools requires greater scrutiny. A case study of Oakland reveals that intermingling private enterprise with public education has led to a disparate impact on low-income families of color and students with disabilities.

Under theories of racial capitalism, racial exploitation is central to the …