Law Commons^™

Regulating Ai At Work: Labour Relations, Automation, And Algorithmic Management, Valerio De Stefano, Virginia Doellgast

Articles & Book Chapters

Recent innovations in artificial intelligence (AI) have been at the core of massive technological changes that are transforming work. AI is now widely used to automate business processes and replace labour-intensive tasks while changing the skill demands for those that remain. AI-based tools are also deployed to invasively monitor worker conduct and to automate HR management processes.

Through the dual lens of comparative labour law and employment relations research, the articles in this special issue of Transfer investigate the role of collective bargaining and government policy in shaping strategies to deploy new digital and AI-based technologies at work. Together, they …

Copyright Statement, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Playing Monopoly With The Neighborhood: Impact Of Series Limited Liability Companies On Nuisance Abatement Actions And Housing Code Enforcement, Lauren Williams

Cleveland State Law Review

The City of Cleveland has been one of the most active cities in combating the negative effects of the 2008 financial crisis, utilizing nuisance abatement actions in combination with municipal programs aimed at assisting homeowners and renters. However, the Ohio Revised Limited Liability Company Act ("ORLLCA"), passed in 2021, may reverse the progress made in cities like Cleveland by enabling real estate investors to conceal assets in several series under the same limited liability company, resulting in rising vacancy rates and unstable communities. This will negatively impact the effectiveness of nuisance abatement actions and traditional housing code enforcement in curbing …

The Role Of Law In U.S. History Textbooks, Russ Versteeg

Cleveland State Law Review

This Article analyzes the references to law found in three standard U.S. History textbooks: (1) ALAN BRINKLEY, AMERICAN HISTORY CONNECTING WITH THE PAST 745 (McGraw-Hill Educ., 15th ed. 2015); (2) ERIC FONER, GIVE ME LIBERTY! AN AMERICAN HISTORY 461 (Steve Forman et al. eds., 5th ed. 2017); and (3) DAVID GOLDFIELD ET AL., THE AMERICAN JOURNEY: A HISTORY OF THE UNITED STATES (7th ed. Combined vol. 2014, 2011, 2008). The Article includes a quantitative analysis of topics (i.e., tabulating the topics that appear most frequently in the texts arranged chronologically) as well as summaries of those topics. It also discusses …

Toward The End Of The Last Wave: The Montana State Constitution At Fifty, Robert F. Williams

Montana Law Review

No abstract provided.

Montana's Basic Necessities Clause And The Right To Earn A Living, Anthony B. Sanders

Montana Law Review

No abstract provided.

Intelligence Operations Conducted On Martin Luther King Jr. And His Loose Morals: The Changing Motivations For His Surveillance, Haley D. North Ms.

Madison Historical Review

The United States intelligence community took great pride in producing insightful intelligence for the protection of threats to their nation and its citizens. However, the government's intentions for surveillance under their administrations can be questioned when analyzing the individual governmental agendas for conducting surveillance against American citizens. One American consecutive administration targeted in particular was Martin Luther King Jr. Throughout Marin Luther King Jr.’s public career there was a constant effort on the part of the government to conduct surveillance of his every move. The National Security Agency’s (NSA) justification under project MINARET for the surveillance of King was claimed …

Do Automated Legal Threats Reduce Freedom Of Expression Online? Results From A Natural Experiment, J. Nathan Matias, Merry Ember Mou, Jonathon W. Penney, Maximilian Klein, Lucas Wright

All Papers

Automated law enforcement systems support privately-operated enforcement bots to take legal action in hundreds of millions of cases a year. In the area of copyright, legal scholars have hypothesized the existence of “chilling effects” that harm public discourse by influencing people to self-censor protected speech. We test this hypothesis in a large-scale quasi-experiment with 9,818 accounts on Twitter that made 5,171,111 tweets. In a confirmatory interrupted time-series analysis, we find evidence that people reduce how much they post online after receiving a take-down notice from a copyright enforcement bot. On average, accounts sent fewer tweets after enforcement (p<0.001). Accounts also changed from a daily increase in public tweets to a decline on average (p<0.001). We also report on novel software that conducts third-party monitoring of the behavioral outcomes of automated law-enforcement systems. Since automated law enforcement can influence public discourse, third-party monitoring like this report will be essential to governing the power of enforcement algorithms in society.

2023 Academy Of Law Alumni Fellows Induction Ceremony Program, Maurer School Of Law - Indiana University

Academy of Law Alumni Fellows

The Academy of Law Alumni Fellows was established in 1985 to recognize alumni whose careers are defined by exceptional personal achievement and dedication to the highest standards of the profession.

Academy Fellows are part of an elite group that includes US senators, federal judges, successful business leaders, and distinguished practitioners. A committee of anonymous alumni selects each year’s Fellows from among many deserving candidates. To be named an Academy of Law Alumni Fellow is to receive the very highest honor that the Maurer School of Law can bestow.

This year, we are honored to recognize four alumni whose remarkable contributions …

Representative Sara Jacobs And Senator Dick Durbin Take Aim At The Dod Law Of War Manual – And Miss, Brian L. Cox

Cornell Law Faculty Working Papers

In a letter recently sent to the Department of Defense General Counsel, two lawmakers – Representative Sara Jacobs and Senator Dick Durbin – present a number of suggested revisions to the DoD Law of War Manual. In Part I, this Article conducts a critical assessment of the substantive suggestions. By adopting an approach that emphasizes maintaining the delicate balance between humanitarian considerations and military necessity, the critical assessment concludes that the suggested revisions to the Manual are inadvisable.

Part II then considers the Jacobs-Durbin letter in the broader context of public discourse and separation of powers. This component of the …

Examining The Complexity Of Cross & Collaborative Selling And Service-Sales Ambidexterity In Multi-Practice Professional Service Firms, Eduardo A. Suarez-Solar

USF Tampa Graduate Theses and Dissertations

What does it truly cost to acquire a new client? Managing Partners (MP) of Multi-Practice Professional Service Firms (MPPSF) have been asking themselves this question for years, mostly to no avail. The questions that should be deliberated are whether there exists an alternate method of acquiring new business in a more efficient, effective, and productive manner” and “whether such a procedure exists within the MPPSF that has not yet been fully developed? Neither of these questions can be determined until the following fundamental question is answered, namely whether and how does cross collaborative and service-sale ambidexterity sales occur within an …

Russia’S Attack On Ukraine: The Montreux Convention And Turkiye, Yücel Acer

International Law Studies

The straits of Çanakkale and İstanbul and the Sea of Marmara, known as the Turkish Straits, together constitute a single waterway that connects the Black Sea to the Mediterranean and the rest of the world's oceans. These maritime passages have always been significant enough to constitute the subject of power struggles between major powers and has therefore been a subject of various international regulations.

The existing international accord regulating the passage though the Turkish Straits is the 1936 Montreux Convention on Straits. The Convention establishes the right to freedom of passage for all ships. It also addresses the security concerns …

Thirty-Fifth Annual Labor & Employment Law Conference 04-14-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Defeating The Economic Theory Of Copyright: How The Natural Right To Seek Knowledge Is The Only Theory Able To Explain The Entirety Of Copyright’S Balance, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

The practice of copyright was once a perfect balance, reflecting the intent of the Founders to create an environment where new works were constantly made available to the public for consumption and use. The author would create a work, a user would buy a copy and be free to use it. Neither party had any right to interfere with the other’s activities. All of that changed with newer technologies, exposing the flaws both in our laws and the applications of them.

Copyright laws, on their face, prohibit many normal uses of copyrighted works by end users, such as making mixed …

Heyman Center Panel Discusses Non-Compete Clauses, Heyman Center On Corporate Governance

Cardozo News 2023

The Federal Trade Commission’s controversial proposal to ban employee non-compete clauses was the subject of a panel discussion moderated by Cardozo Professor Sam Weinstein on April 3. It was sponsored by the Heyman Center on Corporate Governance.

Understanding Involuntary Illegal Online Gamblers In The U.S.: Framing In Misleading Information By Online Casino Reviews, Sinyong Choi

UNLV Gaming Research & Review Journal

Although there are many illegal online gamblers in the United States who use offshore gambling sites while falsely believing that their activity is legitimate, few studies have focused on the role of online casino reviews (OCR) who facilitate this activity. These reviews, for a variety of reasons, may present misleading information designed to encourage U.S. players to use offshore gambling sites. Using framing theory and neutralization techniques, we conducted a content analysis of multiple OCR to examine how they present information and justifications regarding the use of offshore gambling sites in the U.S. The findings indicate that many OCR positively …

A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande

Faculty Blogs

This post by Gary Doernhoefer proposes the development of a data set for the dispute resolution profession as the basis for AI systems. The ideal model would be for a collaboration in the dispute resolution field to create the refined data set, establish guardrails, and set privacy parameters for the use of the data. This would involve a centralized advisory board to address concerns such as (1) privacy requirements for how the queries are received, stored, and used, (2) the expertise needed to curate additional training materials, (3) shared costs of development, and (4) gaining the cooperation of industry authors …

Some Legal And Practical Challenges In The Investigation Of Cybercrime, Ritz Carr

Cybersecurity Undergraduate Research Showcase

According to the Internet Crime Complaint Center (IC3), in 2021, the United States lost around $6.9 billion to cybercrime. In 2022, that number grew to over $10.2 billion (IC3, 2022). In one of many efforts to combat cybercrimes, at least 40 states “introduced or considered more than 250 bills or resolutions that deal significantly with cybersecurity” with 24 states officially enacting a total of 41 bills (National Conference on State Legislatures, 2022).

The world of cybercrime evolves each day. Nevertheless, challenges arise when we investigate and prosecute cybercrime, which will be examined in the following collection of essays that highlight …

Building Capacity In The Law Of The Sea: The Imo International Maritime Law Institute’S Experience, Ángeles Jiménez García-Carriazo

International Law Studies

Although the United Nations Convention on the Law of the Sea (UNCLOS) does not make any express reference to capacity-building, scientific and technological development is a centerpiece of the Convention. In 1982, UNCLOS established a comprehensive legal framework for ocean-related activities with a latent and inexorable link to capacity-building through the transfer of technology, scientific and technical assistance, knowledge sharing, and cooperation and collaboration. Building capacity in the law of the sea enables States to benefit from the conservation and sustainable use of the oceans and seas and their resources. In the absence of expertise to incorporate and effectively implement …

‘Radical Turn Away’ From Admissions Tests? Deans Say Claims Of Increased Diversity May Be Unfounded, Tyler Fenwick

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

Indiana University Maurer School of Law Dean Christiana Ochoa said those who want to do away with requiring law school admission tests for diversity’s sake have it backward.

The idea that law school diversity would increase if tests like the LSAT and Graduate Record Examination, or GRE, became an optional part of the admissions process is unfounded, Ochoa said.

Instead, she said she’s worried the opposite is true — that the move would actually hurt diversity.

And she is not alone.

Ochoa was one of 60 deans to sign a letter last September pushing back against the proposed change to …

Alder Opportunity Lp, Et. Al. V. Cgc Capital Partners, Llc, Et. Al., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Alder Opportunitiy Lp, Et. Al. V. Cgc Capital Partners, Llc, Et. Al., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Elitism In The Legal World: A Comparison Between The U.K. And U.S.A, Michael Johnson Jr

Faculty Curated Undergraduate Works

In this paper I will be discussing the various ways that the United Kingdom has played an integral part in creating the way the world looks at and practices common law, while also addressing the systemic racism and elitism entrenched in the U.K. legal system. I will also be comparing the U.K. to the United States as American law was built on the influence of British law and share deep similarities to how minorities are treated due to constant and ongoing systemic disadvantages and legal elitism. I will be discussing how the U.K. and U.S. are trying to address the …

Lights, Camera, Mediation: Why Public Figures In The Entertainment Industry Are Turning To Adr Processes To Resolve Their Disputes, Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

Imagine walking up the cold, stone stairs leading into a courthouse: your heart is pounding, your palms are sweaty, and you are fearful as to what the judge or jury who patiently await your arrival may decide. To make matters worse, you are surrounded by dozens of flashing lights, reporters are firing questions left and right, and your face will appear on every news outlet in the country within seconds.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 12, 2023. The original post can be accessed via the Archived Link button above.

Peer-Supervision Of Nursing Professionals: A Shield Against Burnout, Kyle Gamache, Sarah Gamache, Joseph Robillard

Journal of Wellness

Introduction: Burnout is a major risk in healthcare professions and is a significant contributor to the current nursing shortage. Strategies to combat burnout of healthcare professionals are in desperate need. The purpose of this project is to introduce the clinical peer supervision model as a method to alleviate burnout in nursing professionals.

Approach: Eight nurses from in-patient settings participated in a peer-supervision support group, modeled after existing European nursing and mental health provider-support protocols. To assess the effect of this intervention, qualitative data analysis was conducted on the transcripts of session and the results described. All participants reported statistically high …

“Nationals” At Forty: From An Undefined Unclos Term To Due Diligence Obligations On The State Of Nationality To Combat Iuu Fishing, Arron N. Honniball, Valentin J. Schatz

International Law Studies

Illegal, unreported and unregulated (IUU) fishing represents a global common concern, incorporating large-scale and highly mobile environmental, economic, and sometimes criminal, concerns. IUU fishing can result in dysfunctional fisheries governance, including through the non-application of relevant conservation and management measures. Non-application results, in part, from both incomplete implementation and insufficient enforcement by flag, coastal, port, and market States, and the States of nationality. This article focuses on the State of nationality that may exercise territorial and extraterritorial prescriptive jurisdiction on the basis of the active personality principle of jurisdiction. Firstly, global instruments have long held the State of nationality as …

Public Thought's On Government: Political Participation V. Government Institutions, Kaitlyn Whitsett

Undergraduate Research Conference

No abstract provided.

Prospek Menetapkan Robot Sebagai Subyek Hukum, Brian Amy Prastyo, Ronald Tumpal Hutagalung

Technology and Economics Law Journal

No abstract provided.

Legal Protection Of Ovo E-Wallet Users As An Electronic Means Of Payment, Fitri Dorrotul Lahtifa, Nur Sulistyo B. Ambarini, Nurhani Fitriah

Technology and Economics Law Journal

The development of an era that is increasingly sophisticated with the emergence of various technologies, one of which is the OVO E-wallet, which can make it easier for people to make payments, the public can also easily access using the OVO E-wallet, anytime and anywhere. OVO is the most widely used E-wallet for online and offline transactions with the largest number of active users, 31%. The total number of E-wallet users in the country has been recorded at 63.6 million. In using the OVO application, problems that occur that harm OVO users include doing top up OVO but the results …

Applying Bentham's Theory Of Fallacies To Chief Justice Roberts' Reasoning In West Virginia V. Epa, Dana Neacsu

Law Faculty Publications

This essay summarizes the Court’s decision in West Virginia v. EPA. It also analyzes Chief Justice Robert’s reasoning and addresses the case’s flaws from two perspectives. It references the Court’s decision connecting it to the so-called New Deal Cases, because in both Panama Refining Co. v. Ryan, and West Virginia v. EPA, the Court accepted to review a lower court’s decision about a non-existent regulation. In 1935, the governmental kerfuffle was due to a lack of regulatory transparency; the Federal Register had yet to be established. This essay’s analysis incorporates Jeremy Bentham’s 1809 work on two classes of fallacies, authority …