9747 research outputs found
Sort by
Professional Judgment in an Era of Artificial Intelligence and Machine Learning
Get PDFThough artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of reductionism, an encompassing holism is a hallmark of professional practice—an ability to integrate facts and values, the demands of the particular case and prerogatives of society, and the delicate balance between mission and margin. Any presently plausible vision of substituting AI for education and health-care professionals would necessitate a corrosive reductionism. The only way these sectors can progress is to maintain, at their core, autonomous professionals capable of carefully intermediating between technology and the patients it would help treat, or the students it would help learn
Can Bad Law Do Good? A Retrospective on Conflict Minerals Regulation
Get PDFSection 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law goals. This Article will address whether, despite the structural and consequential shortcomings of the provision, it nevertheless has had positive normative effects related to both consumer and corporate awareness and behavior. In other words, this Article will consider whether the functional effects of the law have “moved the needle” in the direction of its intent, despite the provision’s potentially fatal flaws. This inquiry will address the question of whether there is a function and purpose of “bad law.” Given that the fate of Section 1502 hangs largely in the balance at present, and the current administration has indicated that it will not provide funds for the implementation of Section 1502, the time is ripe for an analysis of the effectiveness of Section 1502 to date. This Article will use a retrospective lens to analyze the effect of Section 1502 on transparency within corporate supply chains, consumer behavior and awareness, and corporate social responsibility. In doing so, this Article will consider the broader question surrounding the effects bad law can have in society
Rationing Justice in the 21st Century: Technocracy and Technology in the Access to Justice Movement
Get PDFThe 340B Program: A Federal Program in Desperate Need of Revision After Two-And-A-Half Decades of Uncertainty
Get PDFRegulating Offshore Finance
Get PDFFrom the Panama Papers to the Paradise Papers, massive document leaks in recent years have exposed trillions of dollars hidden in small offshore jurisdictions. Attracting foreign capital with low tax rates and environments of secrecy, a growing number of offshore jurisdictions have emerged as major financial havens hosting thousands of hedge funds, trusts, banks, and insurance companies.
While the prevailing account has examined offshore financial havens as “tax havens” that facilitate the evasion or avoidance of domestic tax, this Article uncovers how offshore jurisdictions enable corporations to evade domestic regulatory law. Specifically, recent U.S. Supreme Court cases restricting the geographic scope of federal statutes have created a space for commercial actors to circumvent regulation by incorporating in offshore jurisdictions. Under this jurisprudence, financial transactions completed through offshore commercial entities are often, albeit not categorically, seen as “extraterritorial” transactions beyond the reach of federal statutes. This makes it increasingly difficult for private litigants to bring statutory claims designed to protect the workings of the market, even in cases that are predominantly connected to the United States. After documenting how offshore jurisdictions enable commercial entities to opt out of federal regulatory statutes, this Article critiques the Supreme Court’s recent extraterritoriality jurisprudence that risks breeding a cottage industry of private regulatory evasion
LISTEN Poster: Max Stearns
No full textProfessor Stearns recommends audiobooks of Paulo Coelho\u27s The Alchemist, Josteen Gaardner\u27s Sophie\u27s World, Heather Morris\u27s The Tattooist of Auschwitz, Matt Ridley\u27s The Red Queen, Pam Muñoz Ryan\u27s Esperanza Rising, Bryan Stevenson\u27s Just Mercy, and Tara Westover\u27s Educated.https://digitalcommons.law.umaryland.edu/read/1050/thumbnail.jp
