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    840 research outputs found

    Fetal Personhood and the Judicial Erosion of Women\u27s Rights Following \u3ci\u3eDobbs\u3c/i\u3e

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    In Dobbs v. Jackson Women\u27s Health Organization, the U.S. Supreme Court overturned its prior precedents recognizing a constitutional right to abortion, a recognition that began nearly a half-century before with its decision in Roe vs. Wade. In its granting certiorari in a case involving a Mississippi law restricting abortion, the New York Times reported that the Court majority took advantage of the death of Justice Ruth Bader Ginsburg by allowing “Mississippi to perform a baitand-switch, widening what had been a narrower attempt to restrict abortion while she was alive into a full assault on Roe — the kind of move that has prompted dismissals of other cases.

    Mortgage Lending Discrimination: A Barrier in the Land of Opportunity

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    This note discusses the problem of mortgage loan discrimination in America. In January 2021, mortgage rates in America were the lowest in history at 2.65%. Around this time, there was a high demand for housing throughout the country. Yet in 2022, 26% of Black applicants had mortgage applications denied. Mortgage loan discrimination continues to be a barrier for African American homeownership. However, this barrier can be overcome by supporting nonprofit organizations and community banks, creating a new federal agency which provides reparations and guaranteed mortgages, and passing the Fair Access to Financial Services Act

    Unmasking the Algorithm: Addressing Bias and Accountability in AI-Driven Employment Practices

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    This article argues that as AI systems continue and increasingly influence critical life outcomes, the courts must adapt existing legal frameworks to address disparate impact claims arising from AI-driven processes specifically in employment practices. Doing so will ensure redress for individuals who seek justice against AI-driven processes that cause unintended discrimination without explicit intent and hold organizations accountable to produce transparent and accurate AI-driven employment processes. This article is divided into three distinct parts. Part I provides concise definitions of commonly used relevant AI terminology and provides an overview of the factual and legal history of disparate impact in employment practices, highlighting its significance and traditional application. Part II examines the current legal landscape for addressing disparate impact claims against AI-driven processes by discussing relevant case law, challenges to plaintiffs, and judicial approaches to proving disparate impact in AI systems. Finally, Part III presents recommendations for legal reforms to enhance AI accountability and proposes regulatory standards to help courts and litigants address employment disparate impact claims involving AI

    In a Nutshell (Oct.)

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    Beyond Human Discretion: Reconciling AI Systems With Traditional Legal Frameworks

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    In February 2023, attorneys representing a plaintiff in a personal injury case against Avianca Airlines submitted a legal brief containing multiple citations to nonexistent judicial decisions generated by ChatGPT. When questioned by the court, the attorneys admitted they had relied on research generated by artificial intelligence (AI) without verification, resulting in sanctions and reputational damage. Mata v. Avianca both represents professional negligence by legal professionals and a complex intersection of human and artificial intelligence. Unlike traditional research tools that retrieve existing information, generative AI (GAI) creates novel content that appears authoritative, introducing unique verification challenges that traditional ethical frameworks did not anticipate. This case illustrates how AI tools can significantly impact legal processes and risk calculations, necessitating heightened vigilance and new competencies from practitioners. The incident signals a broader trend: as increasingly sophisticated AI becomes embedded in legal practice, traditional ethical guidelines, which focus solely on human conduct, become insufficient to address the complex human-AI interactions that now characterize modern legal work. AI is transforming the legal profession by providing opportunities for enhanced efficiency and reduced costs through tools like automated document review, electronic discovery (e-discovery), predictive analytics, and AI-powered research. However, these advancements also present significant challenges, including algorithmic bias, privacy concerns, and accountability issues for autonomous systems. The U.S. legal system, grounded in human discretion and historical precedent, is ill-equipped to address these emerging risks through existing statutes and regulations

    Remarks on the Evolution of the Legal Profession

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    Good afternoon, and thank you for that wonderful introduction. My name is Gregory Wells, I have the privilege of serving as Chief Judge of the Appellate Court of Maryland, and I am honored to be one of your keynote speakers at today’s symposium. Thank you, Jalissa Spalding and the members of the Law Review at the UDC David A. Clarke School of Law for inviting me to give this address as we discuss recent changes in the legal profession. It is a pleasure to be here. The legal profession evolves with changes in societal norms, philosophy, communication, and transportation. Perhaps the most influential driver of change in the 21st century is and will be technology. Now, I am not an expert in the details of the newest technology or artificial intelligence (AI), but luckily we have an outstanding panel of speakers who will be diving into the impact that AI has had and will have on the legal profession. No doubt it will be an interesting discussion

    Lobbying for Our Lives: A Comprehensive Analysis of the Impact of Restrictive Non-Profit Lobbying Rules on the Progression of Climate Change Legislation

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    Lobbying is a powerful tool that allows interest groups to influence lawmakers and shape policy decisions. However, the ability to effectively lobby is not evenly distributed among stakeholders. Generally, private businesses face minimal restrictions on lobbying while tax-exempt organizations, particularly non-profits advocating for environmental policies, operate under strict federal limitations on lobbying activities and expenditures. This structural disparity has created an uneven playing field where corporate interests, such as the fossil fuel industry, wield disproportionate influence over climate policy. As a result, climate-friendly legislation often struggles to gain traction despite the public’s growing concern over environmental issues. This note examines how lobbying restrictions on tax-exempt organizations contributes to the fossil fuel industry’s dominance in lobbying which results in the suppression of climate protections and policies that if passed would have a positive impact on the climate change crisis. Further, this note provides recommendations for environmental non-profits navigating these issues, provides suggestions for Congressional regulatory reform, and calls for the Internal Revenue Service (IRS) to create a more balanced lobbying landscape

    The Misapplication of Legal Standards in \u3ci\u3eFischer\u3c/i\u3e: Analyzing the True Intent of 18 U.S.C. § 1512(C)

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    Fischer stems from the events of Jan 6, ultimately appealed to the Supreme Court. This comment critiques the decision as flawed on both textual and policy grounds

    In a Nutshell (Aug.)

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