ABSTRACT In recent years, scientists and researchers have devoted considerable resources to developing medical artificial intelligence (AI) technologies. Many of these technologies—particularly those that resemble traditional medical devices in their functions—have received substantial attention in the legal and policy literature. But other types of novel AI technologies, such as those related to quality improvement and…
Category: 99:4
Ford’s Underlying Controversy
ABSTRACT Personal jurisdiction—the doctrine that determines where a plaintiff can sue—is a mess. Everyone agrees that a court can exercise personal jurisdiction over a defendant with sufficient in-state contacts related to a plaintiff’s claim. This Article reveals, however, that courts diverge radically in their understanding of what a claim is. Without stating so outright, some…
Criminalized Students, Reparations, and the Limits of Prospective Reform
Introduction Criminalization of students occurs when schools refer children to criminal law enforcement for everyday disciplinary infractions—infractions that school administrators and counselors could appropriately manage.[2] The states bring criminal charges against students for school-specific crimes, like “disrupting class,” and general order-related crimes like “disorderly conduct.”[3] Criminal court judges and prosecutors substitute in for school administrators…
The Political Economy of WTO Exceptions
ABSTRACT In a bid to save the planet from rising temperatures, the European Union is introducing a carbon border adjustment mechanism—essentially a levy on imports from countries with weak climate rules. The United States, Canada, and Japan are all openly mulling similar proposals. The Biden Administration is adopting new Buy American rules, while countries around…
The Good Faith Inquiry: What About the Worker Ants?
Introduction Charming leader, credible scientist, media darling, political icon—each of these terms could be used to describe Wang Fengyou, chief executive officer and chairman of the Yilishen Tianxi Group, which was founded in 1999.[1] Wang Fengyou and his managers advertised an inconceivable investment opportunity for impoverished farmers throughout China.[2] For the meager price of 10,000…
Combating Exclusion & Achieving Affordable Housing: The Case for Broad Adoption of Housing Appeals Statutes
Introduction The United States has a serious affordable housing problem,[1] and by nearly every measure the problem is worsening.[2] Across the country, counties and municipalities have been unable to meaningfully address the widening gap between housing prices and earned wages.[3] A meager thirty-seven affordable and available rental homes exist for every 100 extremely low-income households.[4]…
Sentencing Co-Offenders
ABSTRACT Tort law and criminal law are the two main vehicles utilized by the state to deter wrongful behavior. Despite the many similarities between the two legal fields, they differ in their treatment of collaborations. While tort law divides liability among joint-tortfeasors, criminal law abides by a no-division rule that imposes on each co-offender the…
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