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Public Defenders and Collective Action
No full textIt is clear that American carceral policy is excessively harsh, but it is unclear how to bring about the dramatic transformations required to fix it. Prosecutors, police, and other carceral interests have outsized influence on law and policy. Collective action problems prevent the group with the greatest interest in systemic reform-those directly targeted by carceral interests-from seriously challenging those interests. Neither incrementalist reformers nor abolitionists have offered plausible solutions for this structural impediment to systemic reform. This Article contends that the solution lies with public defenders. They are uniquely situated to advance systemic reform in the legal, policy, and political arenas. More than any other existing institution with potential influence in those arenas, public defenders\u27 interests align with those directly impacted by carceral policy. Public defenders have been overlooked as systemic reformers because they are traditionally seen as serving an individual defendant\u27s parochial interest in avoiding conviction. Sixth Amendment jurisprudence has idealized and entrenched this narrow framing of the defenders\u27 role. This framing misconceives both the nature of the State\u27s carceral power and public defenders\u27 potentially critical role in constraining it. Scholars, policymakers, and activists should reject the narrow framing and make defender empowerment the centerpiece of their reformist agendas
Government-Backed Insurance for Artificial Intelligence Technologies
Full text linkArtificial intelligence (AI) is an unpredictable technology that has the capacity to both help and harm people. Although insurance plays a key role in compensating for harms in other contexts, AI-produced damages evade traditional principles of risk pricing which limits viable commercial insurance coverage. AI requires modified insurance systems that can compensate diverse and unpredictable losses. Just like AI, at one time nuclear energy was viewed as a new and profitable, yet wholly unpredictable, technology that had the capacity to cause devastating harm. AI poses similar threats to society in certain domains, including, for example, health care (e.g., risk management tools) and transportation (e.g., autonomous vehicles). This Article explores the challenges of quantifying AI harm and providing insurance coverage for such harms. This Article proposes insuring emerging AI-enabled technologies through a government- backed insurance paradigm similar to the Price-Anderson Act, which Congress created to respond to threats related to nuclear energy. It develops a framework and a pricing model, and it proposes the necessary oversight required to allow AI to continue to progress while simultaneously compensating victims that are vulnerable to the harms caused by the evolving technology
Tipped Out: Would Ending Involvement in the FLSA Tip Credit System Improve Georgia’s Restaurant Wages?
Full text linkThe Tip Credit provision of the Fair Labor Standards Act (FLSA) allows a restaurant employer to pay a tipped employee just $2.13 per hour if the employee earns enough in tips to raise their hourly rate to the minimum wage. Enacted in 1966, the provision intends for restaurants, an industry group known for high costs and low profit margins, to employ tipped serving staff at lower cost while ensuring the tipped employees can still earn a competitive wage. The tipping system is not without issues, however. Many of the employers’ duties under the FLSA are difficult to account for, leading to widespread Wage and Hour Violations. Tipped employees face higher rates of workplace discrimination, and in many states including Georgia, these employees earn average wages far below country-wide median earnings.
This Note explores the origins of the Tip Credit provision in the wider context of the FLSA and its application in Georgia. It proposes that Georgia join several other states and eliminate the provision by enactment of state legislation. This would encourage a higher investment from restaurants in their workers and lower rates of poverty among low wage restaurant workers. It would also eliminate differences in pay structures between tipped serving staff and hourly cooking staff, allowing both sides an easier path towards unionization and collective bargaining. Although eliminating the tip credit poses the risk of raising restaurant labor costs, the move could lead to more equitable wages for hard working tipped workers
The Duty of Efficacy & Generative AI Pedagogy
No full textThe emergence of generative artificial intelligence (generative AI) promises to transform the legal profession by improving efficiency, yet its adoption has been hindered by several obstacles. Courts have imposed restrictions on AI use, and law schools have been slow to integrate AI training into their curriculum. The legal profession’s reluctance to embrace AI stems from concerns about accuracy, confidentiality, and professional responsibility. This Article contends that law schools must play a proactive role in preparing students for incorporated AI in their practice. It examines the ethical obligations of lawyers regarding AI use, evaluates reactionary regulations, and proposes a pedagogical framework that equips students with the skills necessary to leverage AI effectively. The legal profession must acknowledge AI’s growing role and ensure that future lawyers are trained to use it responsibly and strategically
Youth Voices: Civic Engagement, Rights, and the Wellbeing of Children
No full textThe regulatory framework in the United States provides young people with few opportunities for meaningful participation in decisions that shape our country now and in the future. Yet, despite being marginalized or overlooked in formal institutions and official processes, youth today are demonstrating the importance of their insights and power. On critical issues such as climate change, immigration, racial justice, and gun violence, youth in the United States are leading efforts to foster positive change in their communities. The lived experience of children and youth offers vital expertise that can inform and improve law and policy responses to the many challenges that all communities confront. This article -- coauthored by a children\u27s rights scholar and three young advocates -- explores ideas for partnering with youth, serving as an ally to youth, creating space to elevate youth voice
A Primer on the Proximate Cause Requirement of PLCAA\u27s Predicate Exception: Holding Firearm Manufacturers Liable for Third-Party Criminal Misuse of Their Products
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HB 150 - Postsecondary Education
No full textThe Act requires Georgia universities to release biannual reports, no later than January 31 and July 31, detailing all funding received from foreign countries, entities, or individuals of concern, as designated by the United States Secretary of Commerce. The Act also provides definitions of these terms and establishes reporting requirements. Funding must be reported if it exceeds $1,000, except for tuition payments by an individual or family