bepress Legal Repository
Not a member yet
645042 research outputs found
Sort by
The Cost Of Training A Machine: Lighting The Way For a Climate-Aware Policy Framework That Addresses Artificial Intelligence\u27s Carbon Footprint Problem
No full textWhile artificial intelligence (AI) has been a subject of great debate in spaces such as due process, discrimination, and privacy, an area that is lacking in legal scholarship is the technology’s environmental impact. AI promises to be a silver bullet in the increasingly urgent fight against climate change, yet it comes with a considerable cost to our planet. Current industry trends involve AI models being trained on increasingly larger datasets and training methodologies that prioritize brute-force over efficiency. Thus, as AI models increase in complexity and size, so too does the computing power—and energy—required to train and deploy them. Every stage of AI research and development, from training the model, storing its data, and deploying it in the real world, consumes the Earth’s resources. The interplay between AI and climate change is further complicated by the fact that AI is often lauded as an essential component of the new clean energy economy.
If AI is meant to be a critical component of our new clean energy economy, its ever-increasing energy consumption must be addressed. By analyzing the processes and industry trends that cause AI to be a burden on the environment, this Article argues for mandating transparency around energy usage; empowering the newly formed National Artificial Intelligence Initiative Office to direct sustainable AI design; and pushing data centers to adopt clean energy. The Article then proposes a policy framework that not only minimizes AI’s carbon footprint but maximizes its potential to address key climate change concerns. For if we remain complacent, the very technology that could save our planet could very well be one of its greatest antagonists
Crypto & The Climate: Will Local & National Environmental Regulation Save or Stifle The Cryptocurrency Boom?
No full textAs cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry mounts.
In Part I, this Note investigates the relationship between the cryptocurrency industry and carbon emissions, which strain the environment. Looking ahead, in Part II, this Note considers what legislators and consumers value in regulation or the lack thereof regarding cryptocurrency’s environmental impact. In addition to examining the legal standards proposed or in place, this Note will also consider shifting trends toward environmental neutrality being championed from within the industry. This Note will also evaluate how lawmakers are incentivizing cryptocurrency growth in areas that can operate using primarily green energy grids. Finally, in Part III, this Note will take the position that the free market, combined with localized incentives, will naturally encourage growth for currencies that have the least harmful — and potentially even net positive — impacts on the environment and eradicate those with the worst carbon footprint
21st Century Churches and Federal Tax Law
No full textFederal tax treatment matters to churches, the term the IRS uses for all types of religious congregations, including synagogues, mosques, and temples. The federal tax provisions most significant for churches and certain entities closely related to them, however, are not those that the public and commentators often assume. Exemption from income tax and the ability of donors to deduct contributions, the benefits that receive the most public attention, in fact provide surprisingly little benefit either to churches in the aggregate or to most individual churches. Their status as organizations taxexempt under section 501(c)(3) of the Internal Revenue Code, moreover, imposes a variety of burdens on them. The burdens include limitations on lobbying and the prohibition on any intervention in campaigns for public office.
At the same time, churches enjoy special tax benefits not afforded to other section 501(c)(3) organizations, not even other kinds of tax-exempt religious organizations. These special benefits make church status appealing. Such benefits include exemption from filing with the IRS Form 990, an annual information return that, with the exception of the names and addresses of major donors, is also publicly available. In addition, the IRS cannot begin any audit of a church unless it complies with several procedures. Further, unlike other section 501(c)(3) organizations, churches are not required to file an application for recognition of exemption, although many choose to do so.
These advantages limit oversight of churches by the IRS, the media, and the public. They create an incentive for religious organizations that share some traits commonly found in churches to seek status as a church. Two recent IRS grants of church or association of churches status have attracted sharp criticism from the media and members of Congress. At the same time, a number of developments, such as loss of membership, expansion of virtual worship, and recent Supreme Court Free Exercise jurisprudence, have created new challenges for churches and their tax treatment.
In response to all these developments, this article recommends changes to the longstanding IRS approaches for defining “church” and certain church-affiliated entities. These changes would substitute a definition for church developed by courts and limit the definition for conventions or associations of churches to those of a single denomination. The definitional changes will clarify the distinction between non-church religious organizations and churches. Updating the understanding of “church” to reflect the twenty-first century realities of virtual participation and the increasing diversity of faith communities will also improve IRS oversight.
This article also recommends that the GAO undertake a renewed study of campaign intervention by section 501(c)(3) organizations generally. This study will clarify whether all section 501(c)(3) organizations, including churches, are in fact violating this prohibition in ways that go beyond sporadic, minor, and usually inadvertent footfalls.
In the authors’ view the recommended changes would benefit churches and the public because they take into account both current realities and current concerns. In so doing, they would not only give churches welcome guidance but also increase public trust that churches are not abusing the special privileges they enjoy under federal tax law
Enforceability of Choice of Court Clauses in Transnational Agreements: the 2005 Hague Convention, Its Implementation in Contracting States, and the U.S. Approach
No full textParties involved in transnational business naturally expose themselves to peculiar international risks, including the possibility of having a foreign court resolve their future disputes. To reduce uncertainty, transnational contracts often contain a so-called “choice of court” (or “choice of forum”) clause to dictate where future disputes should be resolved.
Chosen courts, however, do not always enforce such clauses. Indeed, absent a convention or a treaty, the enforcement of a choice of court clause is purely a matter of national law and, in the case of federal systems like the United States, even of sub-national domestic law. To guarantee predictability, several countries have ratified the Hague Convention of 30 June 2005 on Choice of Court Agreements (the “Convention”), which aims at ensuring that the parties’ choice will be respected. The United States, however, was not among them, and U.S. courts continue to apply a variety of tests to determine whether they will follow the parties’ selection of forum.
This Article analyzes recent judicial decisions involving the enforceability of choice of court clauses in transnational agreements under the Convention (i.e., Ermgassen & Co Limited v. Sixcap Financials Pte Limited, and Motacus Constructions Ltd v. Paolo Castelli SpA), and under the internal laws of selected jurisdictions (France, United Kingdom, Florida, New York, and California). Such analysis aims to ascertain whether the Convention was successful in guaranteeing the enforcement of choice of court clause in transnational contexts, and whether the United States should finally ratify it
The United Nations Security Council as a climate litigation body
No full textThe role of the UN Security Council in settling disputes among States has sometimes been depicted as quasi-judicial in nature since the Council may base its decisions on violations of law even though it is neither a court nor a formal dispute resolution body. Indeed, the political as distinct from judicial nature of the Council is typically emphasised in explaining the relationship between the Council and the International Court of Justice as the UN’s principal judicial organ. The Council has addressed climate change since 2007 and has inter alia included climate considerations into the mandates of peace missions. This chapter breaks new ground in analysing the Council as a dispute resolution body in its own right. The five-stage journey of litigation devised by the editors facilitates consideration of how the Council’s response to climate insecurity may continue to evolve in coming years
GenAI Tools for Legal Research
No full textThere are AI Research discovery tools that have a range of features support literature mapping, systematic literature reviews, or analyzing scholarly documents in detailed ways. Typically these research tools with search and retrieval features are connecting to academic databases, and depending on the tool, can extract key information, generate literature reviews, maps and summaries, or provide features common with citation tools
Pumpkin Painting
No full textWednesday, October 16, 2024 | 3:00 PM | Fieldhouse Mall
This Wellness Wednesday (10/16), the McDonald Center will have pumpkins to paint to help you decorate your living space for the Fall/Halloween season. Join us on the Fieldhouse Mall from 3-5 pm. Take a break and de-stress with us with some craft time!
Sponsor: McDonald Center for Student Well-Beinghttps://scholarship.law.nd.edu/ndls_posters/1929/thumbnail.jp
Health Law Society General Body Meeting
No full textTuesday, October 15, 2024 | 12:30 PM | Eck Hall of Law, Room 3130
Join the Health Law Society at 12:30 in Eck 3130 for our first meeting of the semester! We\u27ll elect 1L representatives and share our plans for the year. Firehouse Subs will be served.
Sponsor: Health Law Societyhttps://scholarship.law.nd.edu/ndls_posters/1927/thumbnail.jp