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Achieving Effective Procurement During a Global Crisis: A Study of the UNCITRAL Model Law on Public Procurement and the WTO Agreement on Government Procurement
Get PDFThe global nature of the COVID-19 pandemic presented unprecedented challenges for public procurement systems around the world. Governments everywhere faced an immense pressure to facilitate the rapid procurement of supplies and services needed to support overburdened health and social care systems. Speed and flexibility were needed to address the shortages of protective personal equipment, distribution of ventilators, and increased demand for medications, all of which required governments to forego traditional public procurement methods. Governments had to balance the underlying principles of their procurement systems—namely, competition, integrity, and transparency—against urgency, and do so in a way that does not erode public confidence in their ability to assure integrity and accountability of their respective procurement systems. As a result, the COVID-19 pandemic tested the adequacy of existing regulatory systems for urgent public procurement
The Validity of Trade Restrictions on Artificial Intelligence Technology Under the General Agreement on Tariffs and Trade\u27s National Security Exception
Get PDFThis Comment argues that the U.S. restrictions on the export of semiconductors and other AI technology to China do not violate the General Agreement on Tariffs and Trade 1994 (GATT 1994). Instead, such measures are legitimate expressions under GATT 1994’s Article XXI national security exception, which allows a country to break other articles within the agreement if necessary to protect the country’s essential national security interests. Given the national security risks associated with the rise of AI technology and the likelihood that such technology will be supplied to a military enterprise, the current trade restrictions qualify for the exception. However, this Comment ultimately argues that while valid under GATT 1994, these trade restrictions are not a permanent solution. Such trade restrictions hurt international trade agreements and multilateral trading systems and do not remedy national security concerns. Ultimately a multilateral agreement regarding the safe trade and use of AI technology is needed to relieve the national security risks and prevent future disruption to trade
Hurricane Katrina: When a Crisis is an Opportunity in Government Innovation for Migration Solutions
Get PDFAdvocating for Equality: Restoring Same-Sex Marriage Recognition in Bermuda
Get PDFIn May 2017, Bermuda made significant strides towards marriage equality by legalizing same-sex marriage. Following the general elections in mid-2017, Bermuda’s newly elected PLP (Progressive Labour Party) government enacted legislation in December 2017 to replace same-sex marriage with domestic partnerships. This article suggests arguments that may be used to challenge the revocation of same-sex marriage rights in Bermuda
Inclusive Socratic Teaching Why Law Schools Need It and How to Achieve It
No full textFor more than fifty years, scholars have documented and critiqued the marginalizing effects of the Socratic teaching techniques that dominate law school classrooms. In spite of this, law school budgets, staffing models, and course requirements still center Socratic classrooms as the curricular core of legal education. In this clear-eyed book, law professor Jamie R. Abrams catalogs both the harms of the Socratic method and the deteriorating well-being of modern law students and lawyers, concluding that there is nothing to lose and so much to gain by reimagining Socratic teaching. Recognizing that these traditional classrooms are still necessary sites to fortify and catalyze other innovations and values in legal education, Inclusive Socratic Teaching provides concrete tips and strategies to dismantle the autocratic power and inequality that so often characterize these classrooms. A galvanizing call to action, this hands-on guide equips educators and administrators with an inclusive teaching model that reframes the Socratic classroom around teaching techniques that are student centered, skills centered, client centered, and community centered.https://digitalcommons.wcl.american.edu/facsch_bks/1288/thumbnail.jp
Musk’s Lawsuit Ponders if Nonprofit Governance Can Protect a Social Mission
No full textOne of the questions that Elon Musk’s lawsuit against OpenAI and its CEO, Sam Altman, raises is whether Microsoft’s involvement in changes to OpenAI’s board in November violated nonprofit law. Benjamin Leff assesses this challenge and if current nonprofit law is capable of monitoring nonprofit behavior in its current form
[Proposed] Brief of Amici Curiae Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane in Support of Defendant\u27s Opposition to Plaintiff\u27s Motion for Stay of Effective Date and for Preliminary Injunction
Get PDFAmici are law professors who teach and write in the fields of administrative law and statutory interpretation. Amicus William Araiza is the Stanley A. August Professor of Law at Brooklyn Law School. Amicus Jeffrey Lubbers is Professor of Practice in Administrative Law at American University, Washington College of Law. Amicus Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University, Moritz College of Law.
Amici have a strong interest in the sound development of administrative law in the federal courts and are submitting this brief because of the importance of the administrative law and statutory interpretation issues implicated by the plaintiff’s positions. As leading administrative law scholars, amici are well-positioned to provide insights that may assist the Court in evaluating Plaintiff’s arguments concerning both the major questions doctrine and the nondelegation doctrine
A Year in Review: The Federal Circuit\u27s 2023 Government Contract Law Decisions
Get PDFThis Article continues previous in-depth reviews of government contract law cases decided by the Federal Circuit and published by the American University Law Review. In 2023, the Federal Circuit clarified the appropriate standard of review, emphasizing that, more likely than not, the Boards of Contract Appeals should apply a de novo standard of review. Additionally, the court set significant judicial precedent by holding that the issues of party standing, timely raising a solicitation defect, and asserting a sum certain are nonjurisdictional. Finally, the court also issued decisions concerning implied-in-fact contracts, excusable delays, and the importance of reporting unallowable costs
Don\u27t Fear the Reaper? How Generative Artificial Intelligence is Changing the Landscape of Posthumous Communication Technology
Get PDFDeath and life. Yin and yang. The beginning and the end. But what if the end was only the beginning for those we leave behind?
Advancements in generative artificial intelligence technology have paved the way for “real” conversations with the people we really love. Companies across the globe are tapping into the $100 billion posthumous communication industry through the development of algorithms, chatbots, and in some instances, fully immersive virtual reality experiences with those no longer with us. As our society grapples with understanding the implications of artificial intelligence both generally and in the bereavement process, what may be seen by some as a tool to aid in the journey of one’s grief may just as well be seen by others as a slippery slope chock full of ethical considerations.
Thus, this Article explores the historical and technological background, legal framework, and critical ethical issues surrounding generative artificial intelligence and posthumous communication technology before offering a tangible and effective two-pronged policy recommendation that has the potential to fundamentally change the way U.S. policymakers view life and death. It should be noted that this Article serves as the first piece of legal scholarship addressing the issue of posthumous communication technology and seeks to boldly envision a world where every person has the opportunity to retain authority over their likeness, even if that authority is exercised postmortem
Securing Workers\u27 Futures: Why Replacing Union Workers with Artificial Intelligence in Creative Professions is the New Subcontracting
Get PDFArtificial intelligence poses a significant threat to unionized professionals in creative industries, particularly as employers may be tempted to replace unionized workforces with artificial intelligence. However, Supreme Court precedent and the National Labor Relations Act paves a path forward for unionized workers in creative fields to safeguard themselves from job displacement through collective bargaining.
This Comment argues that replacing a unionized workforce with artificial intelligence is analogous to subcontracting under Fibreboard Paper Products Co. v. NLRB, First National Maintenance Corp. v. NLRB, and congressional intent behind the National Labor Relations Act. Consequently, artificial intelligence should be a mandatory subject of collective bargaining because it directly affects workers’ “terms and conditions of employment.” Applying Fibreboard, requiring employers and employees to bargain over artificial intelligence use would not “significantly abridge” an employer’s ability to operate its business nor alter the basic scope of the business. Moreover, as suggested by First National, the decision to implement artificial intelligence is appropriately suited for resolution through collective bargaining. Ultimately, treating the replacement of union workers with artificial intelligence as a form of subcontracting aligns with the congressional intent and objectives behind the National Labor Relations Act