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The Israel-Lebanon Maritime Border Agreement: Does Lebanon Implicitly Recognize the State of Israel?
No full textIn October 2022, Lebanon and Israel signed a Maritime Border Agreement brokered by the United States of America. Lebanon does not recognize Israeli statehood, and the two States have been at war since 1948. This Article seeks to examine the following legal question: Does the signing of the Maritime Border Agreement imply Lebanese recognition of Israeli statehood? In response, this Article begins with a brief examination of the history of the territorial and border disputes between Lebanon and Israel (discussed in Section I), then proceeds to analyze the definition of statehood and the two theories of statehood recognition. International law does not provide a precise definition of statehood and does not dictate a process for statehood recognition. As such, it is hard to interpret implicit ambiguous acts of statehood recognition (discussed in Section II). Despite this lacuna in international law, this Article argues that Lebanon’s Maritime Border Agreement with Israel implies statehood recognition
Shooting to Minimize Gender Discrimination as an Unintended Consequence of Title IX
No full textTitle IX is a federal law prohibiting sex-based discrimination in any education program or activity that receives federal funding. Congress initially passed Title IX out of concern for sexbased equality in academia. However, Title IX has had significant impacts on athletics, resulting in increased athletic opportunities for females. To be Title IX compliant, institutions must provide equality in athletic participation for both sexes. The Office of Civil Rights provided a three-part test to measure equality in athletic participation. Institutions must satisfy at least one of the three prongs to meet Title IX requirements as they pertain to equality in athletic participation. The first prong states that institutions are Title IX compliant when they provide collegiate athletic opportunities to male and female students in numbers substantially proportionate to their respective academic enrollments. The second prong states that institutions are compliant if they show a history and continuing practice of program expansion in response to the interests and abilities of women. The third prong states that institutions are compliant when they demonstrate that the present program effectively accommodates the interests and abilities of women. This Comment analyzes how institutions can use an NCAA rifle team to achieve Title IX compliance. Applying the threepart test, institutions can maintain a women’s rifle team to achieve Title IX compliance. However, rifle is the only coeducational sport in the NCAA. Creating female rifle teams is paradoxical: Institutions intentionally segregate the lone NCAA sport that allows both sexes to compete as equals. In this scenario, discrimination against men results from a federal law prohibiting sex-based discrimination. This Comment proposes a fourth prong to the three-part test for equality in athletic participation that would require institutions with coeducational teams to use such teams to achieve substantial proportionality, thereby minimizing gender discrimination as an unintended consequence of Title IX compliance
Promoting Women’s Advancement in the Judiciary in the Midst of Backlash: A Comparative Analysis of Representation and Jurisprudence in Key Domestic and International Fora
No full textWomen’s advancement in the judiciary of the United States has been slow and uneven, and has long lagged behind other nations. Parity in representation remains distant, and the gains to date vulnerable to changes in administrations and fluctuating levels of state commitment to gender equality, with the recent global backlash to gender equality and international norms and institutions providing a critical example of this fragility. In this light, this Article argues that gender parity in the judiciary should not be viewed as merely a laudable goal. Rather, representation and parity should be viewed as fundamental state legal obligations under international law as well as critical mechanisms for achieving gender equality. This Article further situates the debates over gender equality and parity in the judiciary of the United States within the broader context of the global backlash to gender equality and global norms and institutions, shedding additional light on the ways that this backlash is playing out on American shores. In doing so, it re-conceives the attacks on gender equality in the judiciary in the United States and globally as both a reaction to and indicator of the foundational significance and strength of the legal obligations to achieve gender parity in national and international judiciaries. It also explores the role and impact of women judges in strengthening global law and institutions, and the roles they can play achieving transformative change by analyzing the impact of the decisions and decisionmakers in a unique quasi-judicial forum involving the United Nations Commission on the Status of Women. Ultimately, in re-framing debates over representation and parity and grounding them in legal obligations, this Article aims to contribute to the literature and strategies for achieving meaningful representation in the judiciary and gender equality in the United States and globally
The Proposed EU Directives for AI Liability Leave Worrying Gaps Likely to Impact Medical AI
No full textTwo newly proposed Directives impact liability for artificial intelligence in the EU: a Product Liability Directive (PLD) and an AI Liability Directive (AILD). While these proposed Directives provide some uniform liability rules for AI-caused harm, they fail to fully accomplish the EU’s goal of providing clarity and uniformity for liability for injuries caused by AI-driven goods and services. Instead, the Directives leave potential liability gaps for injuries caused by some black-box medical AI systems, which use opaque and complex reasoning to provide medical decisions and/or recommendations. Patients may not be able to successfully sue manufacturers or healthcare providers for some injuries caused by these black-box medical AI systems under either EU Member States’ strict or fault-based liability laws. Since the proposed Directives fail to address these potential liability gaps, manufacturers and healthcare providers may have difficulty predicting liability risks associated with creating and/or using some potentially beneficial black-box medical AI systems
Ethical and Legal Issues in Artificial Intelligence-Based Cardiology
No full textIntelligence-Based Cardiology and Cardiac Surgery: Artificial Intelligence and Human Cognition in Cardiovascular Medicine provides an especially timely multidisciplinary and comprehensive survey of artificial intelligence concepts and methodologies. It includes real-life applications in adult and pediatric cardiovascular medicine, spanning the life span from fetus to adult. Led by a senior cardiologist–data scientist and supported by renowned data scientists and cardiac clinicians with an ardent passion for artificial intelligence in cardiovascular medicine, the book provides a clinical interface between the medical and data science domains that is symmetric and realistic.The content consists of basic concepts and applications of artificial intelligence and human cognition in cardiology and cardiac surgery. This portfolio ranges from big data to machine and deep learning, as well as cognitive computing and natural language processing in cardiac disease states such as heart failure, hypertension, and pediatric cardiac care. Artificial intelligence tools are described from the intensive care unit setting to other venues, such as the outpatient clinic, catheterization laboratory, and operating room. Future applications in related areas, such as large language models, extended reality, and digital twins, are also discussed. The book encompasses more than 50 chapters written by cardiologists or cardiac surgeons. Each chapter provides sections on the current state of the art and future directions and concludes with major takeaways. A robust compendium of practical resources, such as a comprehensive glossary, best references, and other resources, is also included.The book narrows the knowledge and expertise chasm between data scientists, cardiologists, and cardiac surgeons, inspires these clinicians to embrace artificial intelligence methodologies, and educates data scientists about the cardiac ecosystem to create a transformational paradigm for cardiovascular healthcare that improves patient outcomes.https://insight.dickinsonlaw.psu.edu/book-contributions/1030/thumbnail.jp
Interracial Coalition Building: A Filipino Lawyer in a Black-White Community
No full textThe United States is in the midst of a political and cultural war around race and demography that goes to the heart of America’s self-definition as a nation of immigrants. Heeding Eric Yamamoto’s four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the author’s own experience as an Asian- American volunteer attempting to serve and lead a traditionally African-American civil rights organization in a predominantly white, rural town in Pennsylvania. Three lessons emerge from this experience. When volunteering, it is important to answer the call to serve even when in doubt; lead by serving and listening to others; and respect the coalition and trust the process
