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Judicial Approaches to Acknowledged and Unacknowledged AI-Generated Evidence
Between 2014 and 2024, rapid advancements in computer science ushered in a dramatic new form of technology—Generative AI (“GenAI”). It offered seemingly limitless possibilities for creative applications never before imagined. But it also brought with it a darker side—the ability to create synthetic or “fake” text, images, audio, and audiovisual depictions so realistic that it has become nearly impossible—even for computer scientists—to tell authentic from fake content. Along with this new technology, new terms have been introduced, including “hallucinations” and “deepfakes.” The use of GenAI technology has not been limited to computer scientists and IT professionals. It is readily available on the Internet at little or no cost to anyone with a computer and Internet access. It is no exaggeration to say that GenAI has democratized fraud, and that an ever-increasing amount of content on the Internet is now synthetic or AI-generated. Deepfakes have been used for satire and amusement but also to humiliate and destroy the reputations and careers of persons depicted in the fakes, to spread disinformation, to manipulate elections, and to mislead the public. They will most certainly find their way into the resolution of court cases where judges and juries will face real challenges understanding the operations and output of complex AI systems and distinguishing between what is real and what is not.
In this Article, we explore the development of GenAI and the deepfake phenomenon and examine their impact on the resolution of cases in courts. We address the ways in which both known-to-be-AI-generated evidence and suspected deepfake evidence may be offered during trials. We review the research literature regarding the ability of deepfakes to mislead and influence juries, and the challenges with detecting deepfakes that judges, lawyers, and juries composed of laypersons will face. We draw an important distinction between two kinds of AI evidence. The first is “acknowledged AI-generated evidence,” about which there is no dispute that the evidence was created by, or is the product of, an AI system. The second is “unacknowledged AI-generated evidence,” or potential deepfake evidence, where one party claims the evidence is an authentic representation of what actually happened, and the opposing party claims the evidence is a GenAI-fabricated deepfake. We discuss the application of existing rules of evidence that govern admissibility of evidence and how they might be flexibly applied—or slightly modified—to better address what is at issue with known AI-generated evidence. With respect to unacknowledged AI-generated evidence, we explain the challenges associated with using the existing rules of evidence to resolve the question of whether such evidence should be admitted, and the possible prejudice if it is allowed to be seen by the jury. We describe two proposed new rules of evidence that we have urged the Advisory Committee on Evidence Rules to consider regarding the evidentiary challenges presented by acknowledged and unacknowledged AI-generated evidence, and the actions proposed by the Committee to date. We finish with practical steps that judges and lawyers can take to be better prepared to face the challenges presented by this unique form of evidence
The Selected Markers of Development of Diabetes among HIV-positive Individuals Receiving Anti-Retroviral Treatment in Ghana; A Narrative Review of risk factors and determinants | The Columbia University Journal of Global Health
Abstract
An increasing focus on the HIV epidemic and chronic diseases like diabetes has made it crucial to have a comprehensive understanding of the existing research on these subjects. This narrative review specifically examines the development of diabetes in HIV-positive individuals in Ghana who are undergoing antiretroviral treatment (ART). The review covers various aspects including the immuno-pathogenesis of HIV, randomized trials of ART, the occurrence of diabetes during ART, factors associated with diabetes after ART, prevalence of HIV-related illnesses in Ghana, socio-demographic characteristics, and behavioral characteristics. The analysis is based on 45 articles published between 2013 and 2023, written in English. The study reveals consistent links between determinants such as employment, immunological status, symptoms, depression, social support, and medication adherence among HIV-positive individuals. It emphasizes the need to integrate diabetic screening into existing HIV care programs, enhance healthcare provider training, involve community-based initiatives, and utilize technology to improve access to diabetic screening for HIV patients in Ghana. The objective of this study is to provide an overview of HIV research in Ghana, raise awareness about the increasing prevalence of diabetes among people living with HIV, identify any research gaps, and recommend new research themes to guide future interventions.
Keywords
Ghana, HIV-positive, Anti-Retroviral Treatment, Diabetes, Selected Markers, Socio-demographic and Behavioral factor
Deconstructing the Gang Menace: Gang Policing and Police “Expert” Testimony in New York City
In New York City, the gang member is feared, vilified, and romanticized. The New York City Police Department (NYPD), the media, elected officials, and courts have all played a part in casting street gang members as some of the most dangerous people in society. But who exactly are these so-called gangsters? The answer is highly racialized: An overwhelming ninety-seven percent of the NYPD’s Criminal Group Database (CGD) are Black and Latino men. Although this disparity is harmful in itself, it represents only a part of the problem these men face. Alleged gang members who are arrested and wish to contest their criminality at trial are faced with an insidious prosecutorial practice—the admission of NYPD officers as gang “experts.” These experts infect the courtroom with racial bias, while judges are exceedingly deferential to them despite their problematic methods of policing and surveillance. Their testimony is both unfairly prejudicial and unreliable, as it feeds off implicit biases and couples gang member stigmatization with the overbroad and extremely suspect evidence encapsulated within the CGD. In exploring this issue, this Note will proceed in three Parts. Part I provides an overview of gang policing and prosecution in New York City, highlighting changes in policing tactics over time and the current law around police gang expert testimony. Part II outlines the racial implications of police gang expert testimony, focusing on prejudice and unreliability. Part III advocates for the admission of nonpolice gang experts to counteract these negative effects of police testimony
The First "State Sponsor of Mass IP Theft": China, Sovereign Immunity, and Upholding Americans’ Intellectual Property Rights: Dore Feith
The government of China has long orchestrated a massive campaign to steal intellectual property (IP) from Americans, but few victims have been able to seek redress through civil litigation. A key reason is that U.S. law does not recognize a foreign government’s vicarious liability for such thefts. Even when liability can be established, China’s government has sovereign immunity from the jurisdiction of U.S. courts. This Note proposes a new legislative framework, including amendments to the Foreign Sovereign Immunities Act (FSIA), that would allow Americans to sue the Chinese government and collect Chinese state assets as damages for thefts of IP perpetrated for its benefit.
This Note suggests two legislative steps: First, creating a new category—“state sponsors of mass IP theft”—modeled on the State Department’s state-sponsors-of-terrorism list, and designating China under it; second, amending the FSIA to: (i) deny sovereign immunity to designated state sponsors of mass IP theft in suits under federal and state laws protecting trade secrets, trademarks, patents, and copyrights; (ii) provide a federal private right of action that resets the statutes of limitations for those claims, and that recognizes the state sponsor’s liability for the actions of its agents—including spies and military operatives, government regulators, state-owned enterprises, nominally private companies under the control of the Chinese Communist Party, participants in talent recruitment programs, and non-traditional collectors; and, (iii) permit successful plaintiffs to enforce judgments by attaching commercial assets of the foreign state and its state companies
Mitigating Motherhood: Centering the Rights of Children and Mothers in Criminal Sentencing in England and Wales
This Article examines the evolving legal and policy frameworks surrounding the sentencing of mothers and pregnant women in England and Wales, focusing on the balance between punitive justice and the rights of children. Tracing two decades of legal precedent, it highlights key milestones, including the landmark case R v. Petherick, and subsequent developments in case law and sentencing guidelines. Despite incremental progress, inconsistencies in lower courts persist, with sentencers often failing to adequately weigh the disproportionate impact of imprisonment on dependent children and pregnant women. Notable cases reveal the judiciary’s gradual recognition of the unique harms associated with maternal incarceration, underscored by catastrophic events such as infant deaths in prison that have spurred public and professional discourse. This Article underscores the necessity for legislative reforms to prioritize non-custodial sentences for mothers and pregnant women, ensuring a comprehensive assessment of family impacts in sentencing decisions. Recent appeals in 2024 illustrate a growing judicial awareness, though gaps remain in first-instance courts’ application of these principles. To safeguard children’s welfare and uphold family rights, this Article advocates for statutory presumptions against custodial sentences in these contexts, aligning justice with broader social and developmental outcomes
Design of a Genetically Encoded Tool to Study the Function of Mitochondria–Lysosome Interactions
Membrane contact sites (MCS) are regions of close proximity between organelles that mediate crucial organelle functions. However, the list of effective biological tools to study MCS function still needs expansion. Mitochondria and lysosomes are organelles whose dysfunction is closely associated with Parkinson’s disease (PD) pathology, and some PD-associated genes has been shown to play a role in mitochondria-lysosome contact regulation. Our work presents a novel biosynthetic system for reversible induction of interactions between mitochondria and lysosomes, leveraging abscisic-acid (ABA)-mediated heterodimerization of ABI and PYL protein domains from Arabidopsis thaliana. We engineered combinations of genetically-encoded protein heterodimer constructs each containing the ABI or PYL domain, a fluorescent protein tag (EGFP, mCherry, iRFP, or BFP), and a transmembrane sequence targeting the lysosomal membrane or outer mitochondrial membrane. Using confocal microscopy to visualize organelle colocalization, we show efficient and reversible induction of mitochondria-lysosome contacts with our ABA-responsive system. Our findings indicate that mitochondrial constructs tagged with mCherry and iRFP effectively mediate ABA-induced mitochondria-lysosome colocalization when paired with lysosomal constructs tagged with EGFP/BFP or lacking a fluorescent tag. In live-cell imaging experiments, we show that mitochondria-lysosome contact durations are tunable with this system, increasing proportionally with ABA concentration used. Overall, our system of ABA-induced reversible organelle interactions is positioned as a powerful biological tool for studying organelle dynamics and MCS functions, with relevance to therapeutic strategies in neurodegenerative disorders and organelle dysfunction
Targeting Corporate Political Activity Through Caremark: Alexandra Mothner
Corporations are increasingly active in the political realm. This is due in part to the strong First Amendment protections that corporations enjoy. This political activity, however, can also incur material risk; when corporations endorse political stances that their shareholder and consumer bases disagree with, they are often met with fallout that can impact their bottom line. Corporate political risk, as defined in this Note, is a meaningful threat to shareholders, who can experience material harm resulting from the corporation’s political activity. But the traditional corporate law remedy which relates to risk management—the fiduciary duty of good faith oversight as articulated by Caremark—is fairly narrow, and the burden on plaintiffs is heavy. It is unlikely that shareholders could bring a successful claim under Caremark for political risk management because of the limited doctrine. Therefore, this Note advocates for an expanded Caremark regime to address the harms of corporate political risk. A new Caremark framework for corporate political risk will advance two goals: (1) to better protect shareholders from material losses; and (2) to minimize the impact of corporate intervention in the American political process. Through shareholder protection, an expanded Caremark doctrine for political risk could serve to defang corporate political power in American democracy
The SPAC Phenomenon: A Transaction of Reinvention and the SEC's Reluctant Hand: Sabrina Feng
SPACs (Special Purpose Acquisition Companies) hit an all-time high in recent years as a popular vehicle for taking companies public. These transactions promised investors early access to high-growth companies and private firms seeking capital the speed and flexibility to bypass the rigors of traditional IPOs. Yet, years later, de-SPAC companies are widely underperforming, with poor returns and mounting bankruptcies. Beneath this innovation lies a fundamental regulatory challenge: the SPAC structure exploits gaps in securities law to create a transaction rife with misaligned incentives.
This Note argues that the SEC’s disclosure-based regulatory regime is nonresponsive to the structural flaws embedded in the SPAC lifecycle. By analyzing the legal origins of SPACs and examining the incentive dynamics of Sponsors, directors, PIPEs, and investors, this Note shows that SPACs operate more as tool for capital extraction than for genuine value creation. SPACs are emblematic of a broader trend in financial innovation, where legal engineering and disclosure regimes mask transactions that primarily benefit insiders at the expense of public investors and market integrity. This Note calls for more thoughtful deal-making and policymaking from regulators, legal, and financial professionals alike
Intermittent Preventive Therapy Adherence Amongst Women in the Luwero District of Uganda and Relevant Policy Recommendations: A cross-sectional survey
Objectives: This study intends to provide an updated estimate on intermittent preventative therapy adherence in the Luwero district of Uganda.
Study Design: A cross-sectional study design was employed. In person interviews, using a structured questionnaire developed for this study, were used to collect data.
Methods: Data were collected from a convenience sample of women from four villages in the Luwero District of Uganda. Questions were asked a loud in English and the responses recorded electronically in Qualtrics or on paper. Data from paper forms were entered into Qualtrics. Data were exported to SPSS for analysis.
Results: The results indicate that 91% percent of women interviewed received at least one dose of IPTp during their last pregnancy. Fifty-eight percent of the respondents received three or more doses of IPTp. While 42% of respondents reported contracting malaria when last pregnant.
Conclusion: IPTp3+ adherence appears to have increased amongst women in Uganda since the last nationwide study