7300 research outputs found
Sort by
Bridging the Divide: Does the EU\u27s AI Act Offer Code for Regulating Emergent Technologies in America?
Get PDFThe European Union (“EU”) has taken the remarkable step of coming to agreement to implement the first-of-its-kind comprehensive legislation regarding artificial intelligence (“AI”), the AI Act. The AI Act adopts a risk-based approach to address diverse AI system applications and potential harms associated with AI technology. The AI Act categorizes AI systems based on risk levels, ranging from unacceptable to minimal, with corresponding regulatory requirements tailored to mitigate associated risks. Efforts are underway in the United States to establish AI regulatory frameworks, as demonstrated by the Bipartisan Framework for U.S. Act, proposed by Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT); the proposed No Section 230 Immunity for AI Act; and President Biden’s Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence, inter alia. This Article provides a synopsis of the final provisions adopted in the AI Act. The Article then explores United States policymakers’ most recent efforts to establish a regulatory path that balances principles of innovation with risk mitigation
Ready, Set, Mediate!
No full textThis article summarizes the discussion in a program at the ABA Section of Dispute Resolution’s annual conference about helping parties prepare for mediation sessions. The article describes benefits and goals of preparation, studies finding failures to prepare before mediation sessions, consequences of failing to prepare, and how courts can promote preparation. It lists the audience’s experiences of problems due to inadequate preparation and materials they use or would like to use.The last part of the article provides resources to help everyone be as ready as possible when their mediation sessions begin. These resources are useful for private mediations as well as those in court-connected mediations.The article also includes a link to a draft document developed by the Section’s Court ADR Committee, Mediation Preparation Considerations for Court-Annexed Programs
A Snapshot of How Mediators Use Technology These Days
No full textAll professional mediators inevitably use technology these days. Indeed, they use it more than they realize. And, with the accelerating rate of technological developments, they generally will use it a lot more in the future. But it\u27s not easy to incorporate technological developments into daily practice and keep up with the rapid pace of change. Part of the challenge is that mediators have their own unique complex practice systems that they aren\u27t fully conscious of. And technology is integrated throughout their systems
Breaking the Vicious Cycle Fragmenting National Law
No full textOne of the most troubling and increasingly overlooked problems plaguing the federal judiciary has been the reduction of throughput at the Supreme Court and the resulting fragmentation of national law. The imperative to resolve circuit splits has taken a back seat as the Court grapples with high-profile battles and the relentless crush of certiorari petitions. This fuels confusion and greater fragmentation of national law. Add in the general expansion of national law, and the vicious cycle intensifies.
This Article proposes a solution for expanding structural capacity to address fragmentation that does not require legislative reform or constitutional amendment. It utilizes a procedure already within the Supreme Court\u27s toolbox, although with a twist: where the Justices encounter a clear circuit split that does not rise to the Court\u27s certiorari threshold, the Court should grant, vacate, and remand ( GVR ) the matter to the circuit court for en bane review. The Supreme Court would, of course, retain authority to review the en bane decision.
This reinvigoration of one of the judiciary \u27s core functions holds the promise of enhancing the rule of law, curtailing forum shopping, reducing litigation costs, and promoting equity and economic productivity. It would require the Supreme Court to take on a more managerial approach to percolating national law and ask the appellate courts to assume greater responsibility for confronting intercircuit and intracircuit divisions
Truth in Advertising for Environmental Sustainability
Get PDF“Sustainability” is in—but what does that term mean, when applied to products, services or brands? This article explores existing Federal Trade Commission (“FTC”) oversight of “sustainable” claims in marketing, centering on the FTC’s Guidelines for the Use of Environmental Marketing Claims (often referred to as the “Green Guides”). It analyzes thousands of public comments filed in a recent FTC quasi-rulemaking docket to inform proposed revisions to the Green Guides. The article suggests that the FTC include guidance on “sustainable” claims in its next revision to the Green Guides, and further recommends that the FTC formally extend the Green Guides to include claims made about brands and brand operations in response to growing use of “sustainable” claims in brand-level advertisements. This increased oversight of “sustainable” claims will instill confidence in consumers about the sustainable products they buy, help marketers make genuine “sustainable” claims, and foster competition and innovation in businesses to meet the demand for sustainable products
Coping With California’s Deficit, Part 2: Permissible Borrowing
No full textIn this installment of Academic Perspectives on SALT, Shanske and Gamage examine California’s projected budget deficit and possible solutions. California has a large budget deficit that is predicted to last for several years. In this two-part series, we will place California’s situation in context and propose solutions.The state should use short-term borrowing to cover at least some of the cyclical shortfall. That the real revenue cycle is unlikely to neatly unfold over one traditional fiscal year should not change this conclusion. To that end, we will show how California can operationalize this simple insight despite the impression some may have that it cannot do so as a matter of law. In this article, we will explain how this borrowing might work. In the next article, we will explain why this borrowing should be legally permissible
Reality Check: The Aim of Affirmative Action May Often Miss the Mark of Equal Protection
Get PDFThe American justice system is built around basic guarantees of procedural due process. The Constitution assures certain procedural rights such as notice, an opportunity to be heard, and an impartial jury, not because these rights always ensure successful outcomes, but because they reflect notions of fairness, protection, and equality the nation views as fundamental. While the ultimate goal is that “justice” is served, the Constitution protects “process,” not outcome. If the desire is results-driven, why did the Framers prioritize protecting process over outcome
Practitioners Tell Why Real Practice System Checklists Are So Useful
No full textFollowing the rave reviews for the Real Practice System Menu of Mediation Checklists, I asked practitioners to describe how they might use them. Peter Benner, Graham Boyack, Gary Doernhoefer, Brian Farkas, Clare Fowler, Laura Kaster, Randy Kiser, Jim McGuire, Paul Monicatti, John Sturrock, Jeff Trueman, Tom Valenti, and two court mediators provided extremely thoughtful responses.This article summarizes their ideas using excerpts from their responses. It illustrates how the checklists can help mediators carefully design their unique practice systems, starting from providing general information about their practices to engaging in self-assessments after cases – and everything in between. The checklists are designed for mediators to customize their individual checklists to reflect the kinds of cases and parties they work with and the procedures they find useful. Mediators can use the checklists throughout their careers to improve their skills through systematic reflection and participation in reflective practice groups.Although the checklists are specifically designed for mediators, practitioners can use them in other roles such as advocates in mediation and negotiators in unmediated negotiations. Attorneys need to learn the context of their clients’ disputes, understand their intangible interests, consider possible resolutions in addition to lump-sump payments, analyze plausible outcomes if the parties do not settle their disputes, prepare their clients for mediation or negotiation, and help them make the best possible decisions in their cases. The checklists can help attorneys improve their skills and performance and thus improve their service to their clients.The article also describes how the checklists can be used in teaching. They can be invaluable aids for students conducting interviews, counseling, negotiating, or mediating in real or simulated cases. The checklists include a long list of questions for debriefing the cases.Lawyering, negotiation, mediation, and dispute resolution survey courses generally highlight the importance of the issues included in the checklists. In a concise document, these checklists provide much more extensive coverage than most courses have time to address
Oxymorons R Us
No full textThis short article riffs on comments at a program at the ABA Section of Dispute Resolution’s annual conference to illustrate how oxymoronic the terms “facilitative,” “evaluative,” and “empowerment” have become. It suggests ways that dispute resolution academics and practitioners can avoid speaking oxymoron
Law Schools Should Substantially Increase Instruction in Mediation Representation
No full textAmerican law schools generally focus 10% or less of their mediation curriculum on mediation representation. As shown in a survey of faculty teaching mediation and an analysis of course syllabi in this article, most of the instruction focuses on the role of a mediator.
This is a problem for several reasons. New graduates represent clients in mediation much more frequently than they mediate. Clients usually need professional advice to evaluate their cases and develop strategies, which mediators cannot provide. This is precisely the important service that attorneys can provide, but we teach students very little about what to do when they represent clients in mediation. Students also would benefit from training as mediation representatives because these skills will be tested on the NextGen bar exam.
This article provides suggestions for faculty teaching mediation. In particular, it suggests that faculty provide better balanced instruction, incorporating training both as a neutral and representative throughout mediation courses, starting from the beginning of the semester. Although we generally treat neutral and representation perspectives as if they are diametrically opposed, both roles share basic values and both involve similar skills of good listening, identifying interests, educating clients, and considering alternatives