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Working Lunch Presentation: The Challenge of China: Lawfare, Technology and More
No full textDean Cheng discusses China\u27s military, military technological innovations, and the impact on U.S.national security.
Speaker:
Mr. Dean Cheng, Senior Research Fellow, Asian Studies Center, Davis Institute for National Security and Foreign Polic
Gonzalez v. Google: The Case for Protecting Targeted Recommendations
Get PDFDoes Section 230 of the Communications Decency Act protect online platforms (e.g., Facebook, YouTube, and Twitter) when they use recommendation algorithms? Lower courts upheld platforms’ immunity, notwithstanding notable dissenting opinions. The Supreme Court considers this question in Gonzalez v Google, LLC. Plaintiffs invite the Court to analyze “targeted recommendations” generically and to revoke Section 230 immunity for all recommended content. We think this would be a mistake.
This Article contributes to existing scholarship about Section 230 and online speech governance by adding much needed clarity to the desirable—and undesirable—regulation of recommendation algorithms. Specifically, this Article explains the technology behind algorithmic recommendations, the questions it raises for Section 230 immunity, and the stakes in Gonzalez. It opposes generically revoking Section 230 immunity for all uses of recommendation algorithms. Instead, it illustrates and defends a nuanced approach for the desired outcome of Gonzalez and for future possible regulation of recommendation algorithms. Copyrigh
Protecting Natural Stewardship: Public Trusts, Wildlife Trusts, and the Effect of Trophic Cascades
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101 Lawyers: Attorney Appearances in Twitter v. Musk
Get PDFIn summer 2022, Twitter sued Elon Musk, the world’s richest person, in Delaware’s Court of Chancery over his refusal to close his agreed-to $44 billion acquisition of the social-media company. Twitter v. Musk had the makings of corporate law’s trial of the century. Leading law firms represented Twitter, Musk, and third parties in a dispute with enormous financial, social, and political implications. In the lead up to trial, however, Musk relented and closed the deal. The corporate trial of the century was a bust, over almost as soon as it began.
But in the meantime, in Twitter’s eighty-six days of active litigation, an incredible 101 lawyers appeared in the case, as more worked on behalf of the parties without appearing. Thus, even without developing Delaware contract or M&A doctrine, Twitter was nevertheless a landmark case for the salient views it offered into corporate litigation and the legal profession. This Essay opens those views up with a hand-collected dataset of Twitter’s attorney appearances as a case study of legal staffing in high-stakes litigation and the role of state attorney regulation in multi-firm, multi-jurisdictional practice
#MeToo & the Courts: The Impact of Social Movements on Federal Judicial Decisionmaking
Get PDFIn late 2017, the #MeToo movement swept through the United States as individuals from all backgrounds and walks of life revealed their experiences with sexual abuse and sexual harassment. After the #MeToo movement, many scholars, advocates, and policymakers posited that the watershed moment would prompt changes in the ways in which sexual harassment cases were handled. This Article examines the impact the #MeToo movement has had on judicial decisionmaking. Our hypothesis is that the #MeToo movement’s increase in public awareness and political attention to experiences of sexual misconduct should lead to more pro-claimant voting in federal courts at the district and courts of appeals levels.
For district courts, we find that the probability of a pro-employee ruling in a district court increased drastically after November 1, 2017. However, while pro-employee rulings increased in district courts during the #MeToo era, pro-employee rulings decreased in circuit courts during this time period. Our findings suggest that the #MeToo movement—an extralegal social movement—impacted legal rulings that occurred in its wake before district courts but courts of appeals were more restrained in their reaction to the movement. Importantly, the law and legal standards in place during the time period of our study did not meaningfully change. In short, the #MeToo movement had a statistically significant impact on rulings from district court judges
Federal Income Taxation
No full textUnique in its structure, Federal Income Taxation presents core materials that cover the basics of tax law and also offers “cells” at the end of each chapter that are self-contained units with more in-depth discussion of certain topics. This flexible structure allows professors to customize their tax course by selecting only the additional in-depth materials they want to use. The stellar author team, with years of scholarship and teaching experience, presents a core text that covers the leading cases and explains the substantive tax law that is essential to a basic understanding of federal income tax law and principles. The self-contained, optional units at the end of the book — “cells” —supplement the core text by providing additional material and treat a limited number of topics in greater detail. Notes and questions provide background information and place the cases and statutes in context. More than 150 problems are interspersed throughout the core text and the cells that challenge students to apply the Code, regulations, and income tax theory to specific situations.https://scholarship.law.duke.edu/faculty_books/1012/thumbnail.jp