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SECTION 230: THE VALYRIAN STEEL FOR WEBSITE OPERATORS, AND WHY A TAX CREDIT IS THE BEST SOLUTION TO A SAFER INTERNET
Get PDFThe most polarizing statute regulating the internet is § 230 of the Communications Decency Act. Critics of § 230 do not like that the statute provides broad immunity to website operators when third parties post on their sites, while advocates for § 230 market the statute as promoting free speech on the internet and preventing website operators from being subject to endless liability. Critics view the statute as the sole problem, and the advocates view § 230 as the savior for these website operators. But the problem of hate speech and hurtful content online is immense and requires expensive investment by these companies to mitigate misinformation and harmful content. We need to incentivize companies to invest in content moderation, tools, and personnel that will flag and remove dangerous content while being careful to not scare these companies with potentially endless liability and overwhelming costs. With so many tech companies struggling to achieve profitability, the solution lies in making content moderation less expensive in the short-term. Website operators should get a tax credit in the short-term to help bear the brunt of initial investments into content moderation. Once website operators have established artificial intelligence to flag and remove dangerous content, they will become less reliant on the tax credit, as they have established the essential assets needed to mitigate dangerous speech on their platforms. If companies are incentivized to invest in content moderation, rather than being scared with the potential of endless liability, we will be closer to achieving our goal of creating safer platforms for internet speech
The Dark Side of Empathy: Empathy Predicts Burnout and Compassion Fatigue in Mental Health Professionals
No full textMental health professionals dedicate their lives to helping others manage negative lifeexperiences, trauma, and suffering. They are susceptible to becoming overwhelmed by negativeemotions due to utilizing empathy to understand clients’ experiences, as vital for effectivetherapy. Research suggests that these challenging experiences may lead to compassion fatigueand burnout in mental health professionals. These negative outcomes cause the inability tofunction effectively in a clinical role and negatively impact clients. The research on empathy isinsufficient in examining the effect of empathy on compassion fatigue and burnout in mentalhealth professionals. This study attempts to fill this gap in research by measuring the impact ofempathy on compassion fatigue and burnout in mental health professionals. Analyses indicatedthat hours spent with clients, profession, years of experience, and poor working conditionsrelated to increased compassion fatigue. Emotional contagion emerged as the strongest predictorof compassion fatigue. Working conditions significantly predicted burnout, poor workingconditions were associated with increased burnout. Emotional contagion also predicted burnout,but to a lesser extent than working conditions
Exploring Climate Framework Laws and The Future of Climate Action
Get PDFEvery country in the world now has at least one law or policy to address climate change; these laws vary widely in type, scope, and ambition. Although scholarship on the many types and levels of effectiveness of enacted climate legislation is still growing, legal experts are taking note of a recent trend in the adoption of formal climate legislation that is economy-wide or cross-sectoral in scope, sets out both a broad and long-term direction for climate policy, and ensures some measure of accountability for the executive branch. In the absence of a commonly agreed definition, this article will loosely define criteria for these “climate framework laws.”
This article identifies several countries that have adopted climate framework laws of this type: The United Kingdom, Mexico, New Zealand, and Denmark. These countries form a small case set from which to compare elements. From existing scholarship, this article draws on what lessons can be learned from their implementation. Whether the law is new or two decades old, each faces particular challenges and shortcomings. Climate framework laws create new risks but also incur a number of benefits that may be unique to them. This article examines the relationship between climate framework laws and the Paris Agreement, as well as implications for climate litigation. Finally, the article touches on the future of climate framework laws in other countries
Ancestral Comprehensions for a Policy for the Future of the Earth: The Narrative of the South American Andes in the Face of the Global Climate Crisis
Get PDFThe Liability of Health Care Providers to Third Parties Injured by a Patient
Get PDFDuty of care is a critical component of any negligence claim necessary to establish liability. It is well recognized at common law that a physician owes a duty to advise a patient but is not mandated to take affirmative measures outside the physician-patient relationship to protect a third-party. Health care providers may also be responsible for oversight, or the failure to safeguard a patient, due to a special relationship they undertake, such as failing to properly diagnose or recommend an appropriate treatment plan. Recently, the courts have struggled over whether public policy and fairness require the expansion of the law to impose liability upon health care providers for injuries sustained by third parties caused by patients in motor vehicle accidents.
Various theories are advanced to establish liability, such as the physician being negligent by violating a statute created to protect the public through negligence per se, establishing prima facie negligence, or offering evidence of carelessness. A clear court consensus has failed to emerge whether the common law should be expanded in favor of responsibility. This article will provide a brief history of the efforts to enlarge physician liability to third parties. It will then focus on the cases that have arisen against physicians by a third party injured in a motor vehicle accident related to a patient’s medical condition or medication side-effects. This is a dilemma confronting the courts on a regular basis
Examining the Effects of Ethical Knowledge and Values on Ethical Decision-Making in Counselors
No full textEthics have long been deemed as a cornerstone of the counseling profession and a core component in counseling training. Yet the research on professional counseling ethics is relatively limited, often yielding mixed results. Even with more recent increased attention to the ethical decision-making process among counselors, much remains unknown about what counselors know and how and why they make ethical decisions. This study sought to add to the current literature by providing a clearer understanding of the relationship between counselor ethical knowledge and ethical decision-making. Moreover, the study sought to further understand whether personal values (religiosity and political ideology) influence a counselor’s ethical decision-making behavior. In a sample of 246 counseling students and professionals, ethical knowledge was found to be the best predictor of ethical decision-making behavior. A significant effect was also found for membership in a professional counseling organization. Findings indicated that personal values also played a role in ethical decision-making. Political conservatism, more so than religiosity, was found to have a small yet significant effect in certain ethical scenarios designed to conflict with traditional moral norms. Findings also provided some support for the moderating role of religiosity and political ideology on the relationship between knowledge and ethical decision-making. Ethical knowledge had less influence on ethical decision-making when counselors were presented with value-laden ethical dilemmas. This study’s findings provide support for the importance of ethical training and continued participation in the profession, yet also suggest that in certain instances such knowledge might be countered by personal beliefs
An Instrumental Perspective on Power-to-Gas, Hydrogen, and a Spotlight on New York’s Emerging Climate and Energy Policy
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