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Full-Text Articles in Law

Fintech And Techno-Solutionism, Hilary J. Allen Jan 2025

Fintech And Techno-Solutionism, Hilary J. Allen

Articles in Law Reviews & Other Academic Journals

Silicon Valley-style technological innovation is ill-suited to addressing complex problems like financial inclusion, concentrated market power, and privacy harms, yet promises abound that “fintech” can fix them. This oversimplified reduction of complex structural problems into technological puzzles is known as “techno-solutionism,” and it poses real dangers for public policy. When we start with the tech industry’s favored tools and then ask how to solve complex problems using those tools – rather than starting by defining the problem to be solved – it can distract policymakers from supporting real, structural solutions. Techno-solutionism can also deter policymakers from interrogating the limitations, and …


Integrating Doctrine & Diversity Speaker Series: Breaking Bias: A Conversation With Attorney Anu Gupta 9-10-2024, Roger Williams University School Of Law Sep 2024

Integrating Doctrine & Diversity Speaker Series: Breaking Bias: A Conversation With Attorney Anu Gupta 9-10-2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Artificial Intelligence And Administrative Justice: An Analysis Of Predictive Justice In France, Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane Aug 2024

Artificial Intelligence And Administrative Justice: An Analysis Of Predictive Justice In France, Zouhaier Nouri, Walid Ben Salah, Nayel Al Omrane

All Works

This article critically analyzes the ethical and legal implications of adopting predictive analytics by the French administrative justice system. It raises a key question: Is it wise to integrate artificial intelligence into the administrative justice system, considering its potential benefits, despite the associated risks, ethical dilemmas, and legal challenges? The research employs a method based on an extensive literature review, a qualitative analysis of the adoption by the French administrative justice of predictive analytics tools, and a critical evaluation of the benefits and issues these tools bring. The study finds that AI can make the administrative justice system more efficient, …


2024 Annual Estimate Of The Strategic Security Environment Jul 2024

2024 Annual Estimate Of The Strategic Security Environment

Books, Monographs & Collaborative Studies

The 2024 Annual Estimate of the Strategic Security Environment sets the foundation for cutting-edge research to understand the ever-evolving security environment domestically and internationally. Competition with the People’s Republic of China continues to dominate the strategic narrative, with global implications for US national interests. The Russia-Ukraine War and the deteriorating situation in the Middle East, however, present immediate and political challenges that will undoubtedly influence US military efforts abroad. At the same time, the United States faces domestic challenges in navigating civil-military relations, and the Army is working diligently to overcome institutional hurdles. The United States published its first National …


Ai And Blockchain In The Governance Of Financial Markets, Joan Macleod Heminway Jul 2024

Ai And Blockchain In The Governance Of Financial Markets, Joan Macleod Heminway

Presentations

No abstract provided.


Capitalism And The Challenge Of Inequality, Andrzej Rapaczynski Jul 2024

Capitalism And The Challenge Of Inequality, Andrzej Rapaczynski

Faculty Scholarship

Rapidly rising income and wealth inequality in the United States and other Western countries has been commonly identified as an inherent and nefarious feature of the capitalist system. In fact, however, rising inequality within the economically advanced countries has been accompanied by both a significant relative improvement of the economic and social position of the previously disadvantaged groups, such as women and ethnic minorities, and an unprecedented reduction of the inequalities between the people living in the advanced countries and the rest of the world. This change is largely due to the phenomenon of globalization that brought the advantages of …


A(I)Ccess To Justice: How Ai And Ethics Opinions Approving Limited Scope Representation Support Legal Market Consolidation, Hon. C. Scott Maravilla Jun 2024

A(I)Ccess To Justice: How Ai And Ethics Opinions Approving Limited Scope Representation Support Legal Market Consolidation, Hon. C. Scott Maravilla

Georgia State University Law Review

Artificial Intelligence (AI) is changing our society and bringing the legal profession with it. The use of Generative AI (GenAI) in legal proceedings has received negative publicity from high profile mishaps in court filings. In one case, attorneys used the publicly available online GenAI tool, ChatGPT, to write a legal brief in which ChatGPT proceeded to make up its own citations. Following this, among other instances of the misuse of GenAI, courts have begun to require disclosures and limit the use of GenAI technology. These prohibitions, however, are the result of a fundamental misunderstanding of the appropriate use of GenAI …


Introduction: Ai In 2024: A Year Of Crossroads And Decisions, Patrick Parsons Jun 2024

Introduction: Ai In 2024: A Year Of Crossroads And Decisions, Patrick Parsons

Georgia State University Law Review

This Introduction discusses the issues and questions the legal profession must grapple with at the onset of the AI revolution.


The Keynote Address To Georgia State University College Of Law's 29th Annual Law Review Symposium - Access To Ai Justice: A Global Response To A Global Crisis, Drew Simshaw Jun 2024

The Keynote Address To Georgia State University College Of Law's 29th Annual Law Review Symposium - Access To Ai Justice: A Global Response To A Global Crisis, Drew Simshaw

Georgia State University Law Review

Transcript of the Keynote Address given at the 29th Annual Georgia State University Law Review Symposium on March 22, 2024. This transcript has been edited for readability and clarity.


Robot Lawyers Don’T Have Disciplinary Hearings—Real Lawyers Do: The Ethical Risks And Responses In Using Generative Artificial Intelligence, Hon. John G. Browning Jun 2024

Robot Lawyers Don’T Have Disciplinary Hearings—Real Lawyers Do: The Ethical Risks And Responses In Using Generative Artificial Intelligence, Hon. John G. Browning

Georgia State University Law Review

In the summer of 2023, the misuse of ChatGPT by two New York attorneys who filed briefs citing fabricated cases made national headlines. This cautionary tale quickly had company, as incidents of other lawyers whose use of artificial intelligence (AI) went horribly wrong filtered in from around the country, including incidents in Texas, Georgia, Colorado, and California. But it was not just errant legal research that was to blame: the cases involved everything from a faulty criminal habeas brief to flawed, mass-generated eviction pleadings by a landlord’s law firm to a high-profile white collar criminal case, in which the convicted …


Digital Coercive Control (Dcc): The Role Of Platforms In Victims’ (In)Justice And Potential For Online Dispute Resolution, Reeve Lanigan Jun 2024

Digital Coercive Control (Dcc): The Role Of Platforms In Victims’ (In)Justice And Potential For Online Dispute Resolution, Reeve Lanigan

Pepperdine Dispute Resolution Law Journal

Domestic violence (DV) is a form of gender-based violence characterized by acts of coercion whereby a perpetrator employs power and control to isolate, surveil, harass, and abuse a current or former intimate partner. The rise of and reliance on digital technologies, especially social networking sites, have intensified gender-based violence and methods of perpetuating DV. The term Digital Coercive Control (DCC) describes mechanisms perpetrators use to stalk, harass, and abuse current or former partners in cyberspace through technological platforms and their associated social media sites. The widespread expansion and power allocated to social networking sites and technology platforms has perpetuated the …


Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick Jun 2024

Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick

Washington Law Review

Many professions have felt the impact of the coronavirus (COVID-19) pandemic, including the legal field. At the onset of COVID-19, many courthouses closed and trials halted, but as the pandemic continued, the need to resume judicial proceedings led courts to turn to virtual platforms to conduct civil jury trials. This Comment examines the response of judges in Washington State to the use of Zoom for conducting civil jury trials. Interviews with judges across Washington reveal a stark contrast in opinions among judges in different districts as well as within districts. This Comment answers the question of how judges feel about …


From The Editor In Chief, Antulio J. Echevarria Ii May 2024

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2024 issue of Parameters. We open this issue with a special “In Memoriam” by General Charles A. Flynn, Commander US Army Pacific, honoring the life and legacies of our director and consummate colleague, Carol V. Evans. We dedicate this issue to her. General Flynn’s memoriam is followed by an In Focus commentary on China’s Belt and Road Initiative. We then feature three forums covering the Russia-Ukraine War, the Middle East, and Professional Development. This issue also contains special essays on the role of professional writing, the US Army War College’s Civil-Military Relations Center, …


Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel May 2024

Improving Ethics Surrounding Collegiate-Level Hacking Education: Recommended Implementation Plan & Affiliation With Peer-Led Initiatives, Shannon Morgan, Dr. Sanjay Goel

Military Cyber Affairs

Cybersecurity has become a pertinent concern, as novel technological innovations create opportunities for threat actors to exfiltrate sensitive data. To meet the demand for professionals in the workforce, universities have ramped up their academic offerings to provide a broad range of cyber-related programs (e.g., cybersecurity, informatics, information technology, digital forensics, computer science, & engineering). As the tactics, techniques, and procedures (TTPs) of hackers evolve, the knowledge and skillset required to be an effective cybersecurity professional have escalated accordingly. Therefore, it is critical to train cyber students both technically and theoretically to actively combat cyber criminals and protect the confidentiality, integrity, …


Educating Deal Lawyers For The Digital Age, Heather Hughes Apr 2024

Educating Deal Lawyers For The Digital Age, Heather Hughes

Articles in Law Reviews & Other Academic Journals

Courses and programs that address law and emerging technologies are proliferating in U.S. law schools. Technology-related issues pervade the curriculum. This Essay presents two instances in which new technologies present challenges for deal lawyers. It explores how exposing students to closing opinions practice can prepare them to engage these challenges. Both examples involve common commercial contexts and lessons relevant to students of business associations and of the Uniform Commercial Code. The first, which deals with enforceability opinion letters, presents technical legal difficulties arising from recent developments in law and technology. The second, involving complex doctrines at the heart of financial …


The Use Of Virtual Technology In Federal Criminal Detention Proceedings During Covid-19, The Honorable Karen Wells Roby Apr 2024

The Use Of Virtual Technology In Federal Criminal Detention Proceedings During Covid-19, The Honorable Karen Wells Roby

Georgia Criminal Law Review

The COVID Pandemic presented unparalleled challenges to court operations and the administration of pretrial criminal proceedings. The combination of health concerns and constitutional considerations collided in a way requiring unprecedented creativity in court operations. While scholars have given guidance on how the state courts were functioning during the pandemic, researchers have not conducted an empirical analysis on how federal courts conducted pretrial detention hearings during COVID-19.

This analysis reports the results of both qualitative and empirical findings pretrial detention hearings in federal courts during COVID-19. I examined the state of operations of the district court in several the Fourth, Fifth, …


The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba Apr 2024

The Promise And Perils Of Tech Whistleblowing, Hannah Bloch-Wehba

Northwestern University Law Review

Whistleblowers and leakers wield significant influence in technology law and policy. On topics ranging from cybersecurity to free speech, tech whistleblowers spur congressional hearings, motivate the introduction of legislation, and animate critical press coverage of tech firms. But while scholars and policymakers have long called for transparency and accountability in the tech sector, they have overlooked the significance of individual disclosures by industry insiders—workers, employees, and volunteers—who leak information that firms would prefer to keep private.

This Article offers an account of the rise and influence of tech whistleblowing. Radical information asymmetries pervade tech law and policy. Firms exercise near-complete …


Charity Law & Blockchain Technology: Using Old Wineskins For New Wine?, Lloyd H. Mayer Apr 2024

Charity Law & Blockchain Technology: Using Old Wineskins For New Wine?, Lloyd H. Mayer

Journal Articles

Whenever something new emerges, the question of how existing law applies arises. Sometimes it is both easy to answer that question and the answer is consistent with the policy goals of existing law. But sometimes the answer to that question is uncertain, does not fit well with those policy goals, or reflects a mixture of these two issues.

This question is particularly vexing today with respect to new assets facilitated by blockchain technology. These new assets include cryptocurrencies, non-fungible tokens (NFTs), and ownership interests in decentralized autonomous organizations (DAOs). Commentators have written about how certain laws, particularly securities law, apply …


Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin Mar 2024

Speaking Back To Sexual Privacy Invasions, Brenda Dvoskin

Washington Law Review

Many big players in the internet ecosystem do not like hosting sexual expression. They often justify these bans as a protection of sexual privacy. For example, Meta states that it removes sexual imagery to prevent the nonconsensual distribution of sexual images. In response, this Article argues that banning digital sexual expression is counterproductive if the aim is to alleviate the harms inflicted by sexual privacy losses.

Contemporary sexual privacy theory, however, lacks analytical tools to explain why nudity bans harm the interests they intend to protect. This Article aims at building those tools. The main contribution is an invitation to …


The Consumer Bundle, Shelly Kreiczer-Levy Mar 2024

The Consumer Bundle, Shelly Kreiczer-Levy

Washington Law Review

Can property law have a consumer protection purpose? One of the most important consumer law concerns today is the limited control consumers have over the digital assets and software-embedded products they purchase. Current proposals for reform focus on classifying the transaction as either license or sale and rely mostly on contract law and consumer protection regulation with a few calls for restoring ownership rights. This Article argues that property law can protect consumers by establishing a minimum bundle of rights for consumers: the “consumer’s bundle.” Working with property theory and an analysis of property values, this Article explains the importance …


Privacy Nicks: How The Law Normalizes Surveillance, Woodrow Hartzog, Evan Selinger, Johanna Gunawan Jan 2024

Privacy Nicks: How The Law Normalizes Surveillance, Woodrow Hartzog, Evan Selinger, Johanna Gunawan

Faculty Scholarship

Privacy law is failing to protect individuals from being watched and exposed, despite stronger surveillance and data protection rules. The problem is that our rules look to social norms to set thresholds for privacy violations, but people can get used to being observed. In this article, we argue that by ignoring de minimis privacy encroachments, the law is complicit in normalizing surveillance. Privacy law helps acclimate people to being watched by ignoring smaller, more frequent, and more mundane privacy diminutions. We call these reductions “privacy nicks,” like the proverbial “thousand cuts” that lead to death.

Privacy nicks come from the …


Chapter 16: Revisioning Algorithms As A Black Feminist Project, Ngozi Okidegbe Jan 2024

Chapter 16: Revisioning Algorithms As A Black Feminist Project, Ngozi Okidegbe

Faculty Scholarship

We live in an age of predictive algorithms.1 Jurisdictions across the country are utilizing algorithms to make or influence life-altering decisions in a host of governmental decision-making processes—criminal justice, education, and social assistance to name a few.2 One justification given for this algorithmic turn concerns redressing historical and current inequalities within governmental decision-making.3 The hope is that the predictions produced by these predictive systems can correct this problem by providing decision-makers with the information needed to make fairer, more accurate, and consistent decisions.4 For instance, jurisdictions claim that their turn to risk assessment algorithms in bail, …


Against Engagement, Neil Richards, Woodrow Hartzog Jan 2024

Against Engagement, Neil Richards, Woodrow Hartzog

Faculty Scholarship

In this Article, we focus on a key dimension of commercial surveillance by data-intensive digital platforms that is too often treated as a supporting cast member instead of a star of the show: the concept of engagement. Engagement is, simply put, a measure of time, attention, and other interactions with a service. The economic logic of engagement is simple: more engagement equals more ads watched equals more revenue. Engagement is a lucrative digital business model, but it is problematic in several ways that lurk beneath the happy sloganeering of a “free” internet

Our goal in this Article is to isolate …


Kafka In The Age Of Ai And The Futility Of Privacy As Control, Daniel Solove, Woodrow Hartzog Jan 2024

Kafka In The Age Of Ai And The Futility Of Privacy As Control, Daniel Solove, Woodrow Hartzog

Faculty Scholarship

Despite writing more than a century ago, Franz Kafka captured the core problem of digital technologies—how individuals are rendered powerless and vulnerable. Over the past fifty years, and especially in the twenty-first century, privacy laws have been sprouting up around the world. These laws are often based heavily on an Individual Control Model that aims to empower individuals with rights to help them control the collection, use, and disclosure of their data.

In this Article, we argue that although Kafka starkly shows us the plight of the disempowered individual, his work also paradoxically suggests that empowering the individual isn’t the …


Dci Submission To The Brazil Ministry Of Economy On The Economic And Competitive Aspects Of Digital Platforms, Pinar Akman, Stephen Dnes, Keith N. Hylton, Bowman Heiden, Constance Hiatt, Nicolas Petit, Jennifer Pullen, Annika Stohr Jan 2024

Dci Submission To The Brazil Ministry Of Economy On The Economic And Competitive Aspects Of Digital Platforms, Pinar Akman, Stephen Dnes, Keith N. Hylton, Bowman Heiden, Constance Hiatt, Nicolas Petit, Jennifer Pullen, Annika Stohr

Faculty Scholarship

In its comments on the ‘Economic and Competitive Aspects of Digital Platforms’ for the Brazil Ministry of Economy, the Dynamic Competition Initiative (DCI) suggests that law and policy initiatives towards digital platforms should (1) focus on curbing monopoly rents in bottleneck markets, and not undermine diversification efforts towards technological frontiers; (2) leverage the capability and flexibility of existing competition rules to address digital platforms anticompetitive conduct; and (3) properly credit the consumer welfare gains stemming from digital platforms ecosystems given the domestic economic context.


How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein Jan 2024

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …


Breaking Algorithmic Immunity: Why Section 230 Immunity May Not Extend To Recommendation Algorithms, Max Del Real Jan 2024

Breaking Algorithmic Immunity: Why Section 230 Immunity May Not Extend To Recommendation Algorithms, Max Del Real

Washington Law Review Online

In the mid-1990s, internet experiences were underwhelming by today’s standards, despite the breakthrough technologies at their core. When a person logged on to the internet, they were met with a static experience. No matter who you were, where you were, or how you accessed a particular website, it rendered a consistent page. Today, internet experiences are personalized, dynamic, and vast—a far cry from the digital landscape of just a few decades ago. While today’s internet is unrecognizable compared with its early predecessors, many of its governing laws remain materially unaltered. In particular, section 230 of the Communications Act, which passed …


The Digitalization Of Litigation, Manuel A. Gómez Jan 2024

The Digitalization Of Litigation, Manuel A. Gómez

Emory International Law Review

The development of digital tools that enhance communications, security and decision making have caught the attention of international development agencies, national governments, civil society organizations, and the private sector. The United Nations Development Programme (UNDP) has highlighted the importance of digital tools as a means “to improve justice sector efficiency, transparency and access to justice[,]” while the European Commission has aligned them with “a new push for European democracy in line with the political priority of a Europe fit for the digital age[.]” With these observations in mind, this article focuses on the unique advantages and challenges presented by the …


Write Before You Watch: Policies For Police Body-Worn Cameras That Advance Accountability And Accuracy, Hillary B. Farber Jan 2024

Write Before You Watch: Policies For Police Body-Worn Cameras That Advance Accountability And Accuracy, Hillary B. Farber

Faculty Publications

In the wake of high-profile killings and abuse by police officers over the past few years, the public has come to expect that officers will be equipped with body-worn cameras (BWCs). These cameras capture and preserve encounters between police and civilians, and the footage they record often becomes critical evidence in criminal, civil, or administrative proceedings. Reformers believe BWCs can improve police accountability, build public trust in police, and potentially reform police behavior.

Considering the reliance on BWCs, a key question has emerged: should officers be allowed to review BWC footage before preparing a report or giving a statement, or …


The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao Jan 2024

The Future Of The International Financial System: The Emerging Cbdc Network And Its Impact On Regulation, Heng Wang, Simin Gao

Research Collection Yong Pung How School Of Law

Central bank digital currency (CBDC) is a digital form of fiat currency. CBDC has the potential to be a game challenger in the international financial system, bringing increased complexities arising from technology and regulatory considerations, as well as generating greater currency competition. As more states begin exploring CBDC, the interactions between actors may lead to the emergence of a new CBDC network. What shape would the emerging CBDC network take? What would its network effects be? What would be the impact of the CBDC network on the international financial system, or the global financial network? This article explores these questions …