Law Commons^™

Re-Calibration Of Curial Intervention In Public Policy Challenges Against Arbitral Awards, Darius Chan, Elias Ngai Hum Khong

Research Collection Yong Pung How School Of Law

When an award debtor challenges an award on public policy grounds, usually the principle of finality prevails, and courts will consider the award debtor bound by the decision of the tribunal. However, because public policy has implications beyond the disputing parties themselves, some courts consider themselves justified in reviewing the award. There is therefore a tension between finality versus the court’s duty to stand as the guardian of public policy. Whether a review of an award should be allowed under this ground, and if so, the extent of permissible review, differs across various jurisdictions. For instance, common law authorities have …

Sustainability And The Sunlight Of Disclosure: Esg Disclosure In Three Asian Financial Centres, Rachel Phang, Yaru Chia

Research Collection Yong Pung How School Of Law

The prevailing paradigm of sustainable finance places great importance on environmental, social and governance (ESG) information and, therefore, on the mechanism of reporting and disclosure. This article presents, analyses and compares the approaches to ESG disclosure in three Asian financial centres: Singapore, Hong Kong and Shanghai. The article uncovers commonalities and divergences in the drivers, dynamics, content and trends of ESG disclosure in the selected jurisdictions. In doing so, it looks forwards, seeking to anticipate and shape the development of ESG disclosure in Asia. At the same time, it looks beyond ESG disclosure, remaining mindful that the mechanism itself is …

Law, Love, And Freedom: From The Sacred To The Secular, Seow Hon Tan

Research Collection Yong Pung How School Of Law

In this book, published under a series on the intersection of law and Christianity, Neoh undertakes the ambitious project of exploring the concepts of law, love, and freedom to illuminate the moral vision which underlies our secular legal order.

Fintech: Finance, Technology And Regulation, Nydia Remolina

Research Collection Yong Pung How School Of Law

Fintech: finance, technology and regulation, by Ross P. Buckley, Douglas W. Arner,and Dirk A. Zetzsche, Cambridge, Cambridge University Press, 2024, 330 pp, £29.99(paperback), ISBN 978-1-009-07821-4

The President’S Authority Over Cross-Border Data Flows, Anupam Chander, Paul M. Schwartz

Georgetown Law Faculty Publications and Other Works

This Article reveals a surprising expansion of presidential authority to control goods and services available in the United States because of the information flows that they entail. Such authority is grounded in laws focused on protecting national security, here with respect to foreign surveillance and propaganda. But broad executive powers over our information infrastructure raises significant concerns with respect to core American values of free expression and due process. Worries about unfettered foreign access to data should be coupled with worries about unfettered executive control over our information services and technologies.

Language, Legitimacy, And The Law: The Social Roots Of Legal Obligation, Joshua Keton

Dissertations, Theses, and Capstone Projects

In a recent turn, both legal scholarship and judicial practice in the United States have converged on the idea that the content of the law is grounded on moral facts—especially facts about democracy. Leveraging insights from the philosophy of language, especially the underdetermination of meaning by syntax and semantics, I argue that textualism can only be reconstructed as a small part of a complete theory of legal interpretation. I then consider a more serious claim to the necessity of moral facts in metaphysically grounding the content of the law. As Mark Greenberg’s anti-positivist theory would have it, the content of …

A Theory Of Genetic Dimensions In The Law, Yaniv Heled, Liza Vertinsky, Ana Santos Rutschman

Faculty Publications

Since the biotechnology revolution of the 1970s, genetic science and genetic technology have captured the public imagination. They have become a centerpiece of how we understand ourselves, our relationship with other humans, other living beings, our environment, and—indeed—with the universe. Through this evolution of understanding, genetic phenomena have acquired many meanings, some rooted in objective reality and others subjective and dependent on individual perceptions and sentiments.

However, legal decision-making and policymaking have not kept pace and reflect only a partial understanding of the multiple dimensions of genetic phenomena, which are forced into narrowing legal pathways, neglecting vital interests. As the …

Squeezing Blood From Stones? A Comparative Analysis Of Tax Relief For Victim-Survivors In Australia And The United States, Christine Speidel, Leslie Book, Ann Kayis-Kumar

Faculty Publications

Women who leave abusive relationships generally do so with increased debt, reduced assets, insecure housing and longer-term economic insecurity. Most of these women will be experiencing economic abuse even after the relationship has ended, and many cite financial instability as a key factor driving them back into abusive relationships. So, it is imperative that the tax and transfer system helps rather than hinders (albeit inadvertently) this cohort of financially vulnerable taxpayers. However, this is not always the case, with victim-survivors of economic abuse often liable for tax debts incurred by former partners operating businesses in the victim-survivor's name.

This article …

E-Rate Program Expansion: A Pathway To Combating Cybersecurity Attacks In K-12 Schools, Madeline Strasser J.D. Candidate

Vanderbilt Journal of Entertainment & Technology Law

Every day, a K-12 school in the United States falls victim to a harmful cyberattack that can cost it millions of dollars and keep its doors closed for days or weeks. Schools are desperate for funding to purchase essential cybersecurity services and products to protect their school’s networks from these cyberattacks. Such funding should be available through the Federal Communications Commission’s (FCC) E-Rate program, which was established as part of the Telecommunications Act of 1996 to provide discounts for connectivity services in K-12 schools across the country. During the COVID-19 pandemic, schools and other telecommunications industry stakeholders submitted petitions asking …

Green Gold: The Akkoub’S Settler Ecologies, Irus Braverman

Journal Articles

The akkoub (Gundelia tournefortii) is a thistle-like plant so precious in Palestinian cuisine that it is often referred to as “green gold.” The risks, as well as the mystique, surrounding the akkoub have only intensified since the state of Israel designated this plant as protected under the Nature and Parks Protection Act. The story of the akkoub as depicted in this article illustrates the three tenets of “settler ecologies”: the regime of environmental protections enacted by the settler state that furthers its domination of the natural landscape and its dispossession of local and Indigenous communities. The first and …

Faculty List

Missouri Law Review

No abstract provided.

Copyright

Missouri Law Review

No abstract provided.

Table Of Contents

Missouri Law Review

No abstract provided.

Bridging The Divide: Does The Eu's Ai Act Offer Code For Regulating Emergent Technologies In America?, Renee Henson

Missouri Law Review

The European Union (“EU”) has taken the remarkable step of coming to agreement to implement the first-of-its-kind comprehensive legislation regarding artificial intelligence (“AI”), the AI Act. The AI Act adopts a risk-based approach to address diverse AI system applications and potential harms associated with AI technology. The AI Act categorizes AI systems based on risk levels, ranging from unacceptable to minimal, with corresponding regulatory requirements tailored to mitigate associated risks. Efforts are underway in the United States to establish AI regulatory frameworks, as demonstrated by the Bipartisan Framework for U.S. Act, proposed by Senators Josh Hawley (R-MO) and Richard Blumenthal …

Legal Issues In Reconciling Data Protection, Ai, And Cybersecurity Under Eu Law, Iain Nash, Debrae Kennedy-Mayo, Peter Swire, Annie Antón

Missouri Law Review

This Paper focuses on certain legal responsibilities under European Union (“EU”) law for companies that provide cybersecurity services, by examining the intersection of data protection (privacy), cybersecurity, and artificial intelligence (“AI”). This Paper explores these issues in the context of a hypothetical cybersecurity company known as “ACME Cyber Sentinel” providing services to a hypothetical client named “TechGuard.” In four scenarios, this Paper explores ACME Cyber Sentinel: (1) providing cybersecurity service to TechGuard; (2) gathering and processing data from multiple clients to analyze potential cybersecurity threats; (3) training, evaluating, and deploying AI cybersecurity tools; and (4) using these AI cybersecurity tools …

Artificial Intelligence And Antibody Genus Claims, Thomas R. Langdon

Missouri Law Review

Antibodies are the guard dogs of the human immune system. They travel through the bloodstream, sniffing out foreign invaders (antigens), binding to them, and preventing them from harming the body. Instead of having a nose, four legs, and a tail, antibodies are Y-shaped proteins comprised of amino acids that viciously protect their hosts. Think of the tips of the “Y” as mouths that can bite certain antigens and lock them in place, rendering them harmless. Antibodies have the ability to identify a plethora of antigens to bind to and neutralize; “[s]ome researchers have estimated that the theoretical number of different …

Session 5: Generative Ai Tort Liability, Mark Chinen

SITIE Symposiums

In Session Five of the SITIE2024 Symposium titled “Generative AI Tort Liability,” Professor Mark Chinen discussed Tort law in relation to artificial intelligence. He began by discussing the emerging harms in software development and then transitioned to generative AI, identifying features relevant to tort liability. Chinen also addressed the actors and parties involved in AI development and use in tort law and explored the broad issues in tort law and generative AI. Focusing on the US context, he discussed harm related to Freedom of Expression and specific torts related to AI harms. Finally, he briefly discussed the European Union's approach …

Cover, Table Of Contents & Masthead, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Job Incidence Numbers In Social Security Disability Claims: A Case Study And Analysis, Kevin Liebkemann

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) processes numerous disabled worker applications each year. In adult disability claims, SSA employs a strict five-step sequential disability evaluation to decide whether a person is disabled. Many adult Social Security Disability claimants either win or lose at the fifth and final step, where an SSA adjudicator decides whether there is “a significant number of jobs (in one or more occupations) having requirements which you are able to meet with your physical or mental abilities and vocational qualifications.” This article examines the vocational evidence that SSA uses to decide the significant number of jobs issue. It …

Diabetes Management Of Incarcerated Individuals: Is The Federal Bureau Of Prisons Contributing To Worsening Diabetic Conditions?, Mariam Antony

Journal of the National Association of Administrative Law Judiciary

There are many issues related to noncommunicable disease care in federal prisons, which fall under the management of the U.S. Bureau of Prisons, a federal agency. Although there are many noncommunicable diseases, this comment specifically focuses on diabetes because of its prevalence (how common it is in individuals), especially in incarcerated individuals. Prison and incarceration are not conducive to the management of diabetes because diabetes may not even show symptoms until an individual mismanages the disease for a long time. An individual could first appear normal and then suffer a diabetic emergency, which could lead to consequences like heart attack …

Legal Summaries Of Administrative Law Cases, Keyana Young

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Session 4: Generative Ai And Artists, Heather Johnson, Moorisha Bey-Taylor, Sarah Duran

SITIE Symposiums

This session primarily focuses on the concerns of balance: how to allow technology to have its say while also promoting creativity and originality. There is no doubt that the approved interdependence of technology and artistic creation can develop great works and will ultimately shed new light on the conversation of artificial intelligence, but doing so will require time and overcoming challenges.

Session 3: Digital Resurrection: Immortality Or Imposter?, Victoria J. Haneman

SITIE Symposiums

With the sudden rise in Artificial Intelligence (AI), there have been many concerns brought with it. One of these concerns involves the issue of the right to control your “digital self” once you die. Do the dead have a right to control their memory and likeness that trumps the right of the living to remember? How can we balance these rights as we are confronted with an issue that is so time sensitive and needs immediate action?

Session 2: The Case For Infringement, Steve Cohen, Ian Crosby, Joseph R. Saveri, Tim O'Reilly

SITIE Symposiums

This session provides an in-depth examination of the evolving legal landscape surrounding generative AI and its interaction with copyright laws. Joseph Saveri opens with a discussion on numerous lawsuits filed since 2022, involving various works used by generative AI companies without authorization. Ian Crosby highlights a significant case where the New York Times has sued OpenAI and Microsoft, focusing on whether using copyrighted material to train AI models constitutes fair use and the impact of AI-generated narrative search results on journalistic revenue. Steve Cohen discusses a class action lawsuit involving voiceover actors whose recordings were misused by AI, emphasizing the …

Session 1: Reimagining Copyright In The Generative Ai Era, Juan Carlos Reyes, Edward Lee, Matthew Sag

SITIE Symposiums

In Session One of the SITIE 2024 Symposium titled “Reimagining Copyright in the Generative AI era,” moderated by TILE Co-Director and Professor Margaret Chon, a panel of esteemed presenters discussed different means to view and interpret copyright in the era of GenAI. Professor Juan Carlos Reyes showcased how his students used collaborative projects with AI to craft unique literary works, drawing parallels between personal experiences and AI interactions. Professor Edward Lee explored the meaning of “Authors” in the Progress Clause and the U.S. Copyright Office’s reliance on the so-called “traditional elements of authorship,” a term that no federal court has …

Session Introduction: Welcome And Overview Of Generative Ai Technology, Leighanne Thompson

SITIE Symposiums

In the introduction of the SITIE2024 Symposium, “Welcome and Overview of Generative AI Technology,” esteemed presenter LeighAnne Thompson, Associate Director for Digital Innovation at Seattle University’s Law Library, provided an introduction to GenAI. Thompson’s introduction to GenAI included the different uses these platforms have, an overview of how GenAI and large language models (LLMs) work, guidance on how to use these platforms, a brief discussion of the potential uses in law, and the benefits and risks associated with GenAI.

7th Annual Innovation And Technology Law Conference: Generative Ai: Infringement Or Innovation?, Steven Bender

SITIE Symposiums

Since 2018, the Seattle University School of Law has presented an annual late spring/summer conference on innovation and technology, with a shift to a virtual conference in 2020. The virtual format fosters inclusion of national speakers and participation from a broad base audience, which this year included about 140 registrants who joined us live or watched the recording.

Duty, Breach, Deterrence: The Ncaa’S Legacy Of Immortalizing Competitive Glory Over The Well-Being Of The Student-Athletes It Aims To Protect, Gabi A. Grillon

Barry Law Review

No abstract provided.

A Novel Application Of Negligent Entrustment: Section 230 And The Gig Economy, Zachary B. Pyers, Kenton H. Steele, Kelsey S. Gee

Barry Law Review

No abstract provided.

Tightrope Walking: Balancing Theatre Teachers’ Academic Freedom Of Expression With The Implementation Of Florida’S Stop Woke Act And Don’T Say Gay Bill, Kimberly Adams

Barry Law Review

Florida’s Individual Freedom Act (IFA) and Education Equality Act (EEA), better known as the Stop Woke Act and the Don’t Say Gay bill, respectively, are contentious topics in the United States today. One side argues that parents have the ultimate right to choose what their child learns and how a teacher should deliver that instruction while believing that lessons that address systemic racism divide children and make them feel uncomfortable. The other side argues that our students will be unprepared when they graduate high school to contribute to our multi-racial society and will suffer from a limited worldview. From the …