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A New Frontier in Online Dispute Resolution: Combining AI and Mindfulness
Get PDFThe use of artificial intelligence (AI) in dispute resolution has gained attention due to its potential to streamline the resolution process and reduce costs. The purpose of this paper is to explore the integration of AI with alternative dispute resolution (ADR) processes and propose an online dispute resolution (ODR) model that combines elements of mindfulness and different forms of AI. The paper begins by providing an overview of the history of ODR and introducing Lodder and Zeleznikow\u27s three-step ODR model. It then explores the role of AI in dispute resolution and provides a brief history of AI generally. The comparison of two major ODR tools that leverage AI technology follows, leading to a discussion on mindfulness and its relevance to mediation. Finally, the paper presents a novel ODR tool that combines AI and mindfulness, leveraging the benefits of both to provide more effective and empathetic mediation services to disputants. The proposed ODR model is based on a hybrid approach that combines different forms of AI with mindfulness, such as non-judgmental awareness and compassionate communication. The model involves the use of chatbots for initial communication, machine learning algorithms for case evaluation and recommendation, and a decisionmaking system based on mindfulness and principles for resolving disputes. The proposed ODR model has the potential to provide a fair, efficient, and cost-effective dispute resolution process. However, further research is needed to assess its effectiveness and acceptance by users
Remote Workers, Ever-Present Risk: Employer Liability for Data Breaches in the Era of Hybrid Workplaces
Get PDFThe years since the onset of the COVID-19 pandemic have seen explosive growth in the number of remote workers, and companies have struggled to cope with a perceived loss of productivity and establish reliable methods of remote access to cope with this influx. At the same time, the last few years have seen a continued rise in the threat of data breaches, as sophisticated groups of malicious actors have targeted businesses and governments, locking systems with ransomware and exposing sensitive company data and employees\u27 personal information. This article aims to examine the intersection between these two trends, examining how an employer’s policies for enabling remote work and monitoring remote employees can significantly impact the employer’s potential liability in the event of a data breach. After surveying the current state of remote work and data breach law, this article examines the potential interplay between remote work and a data breach in a private company through a series of linked hypotheticals, closing with proposals for legislative reform to ensure greater data security and practical recommendations for employers seeking to mitigate the risks created by a remote workforce
Artificial Intelligence in the Courtroom: Forensic Machines, Expert Witnesses, and the Confrontation Clause
Get PDFFrom traditional methods like ballistics and fingerprinting, to the probabilistic genotyping models of the twenty-first century, the forensic laboratory has evolved into a cutting-edge area of scientific exploration. This rapid growth in forensic technologies will not stop here. Considering recent developments in artificial intelligence (“AI”), future forensic tools will likely become increasingly sophisticated. To be sure, AI-enabled forensic tools are far from theoretical; AI applications in the forensic sciences have already emerged in practice. Machine learning-enabled acoustic gunshot detectors, facial recognition software, and a variety of pattern recognition learning models are already disrupting law enforcement operations across the country. Soon, criminal defendants will need to learn how to navigate a courtroom dominated by AI-enabled expert systems. Unfortunately, there is little guidance in the caselaw or in the Federal Rules of Evidence on how exactly criminal defendants should approach AI as evidence in the courtroom. Although a handful of scholars have taken up the task of exploring the intersection of AI and evidence law, these studies have primarily focused on issues in authentication or issues with applying the Daubert standard to AI evidence. This study contributes to this ongoing exploration of AI in the courtroom by providing an analysis of the rights of criminal defendants facing AI-generated testimony under the Confrontation Clause of the Sixth Amendment. This study will illustrate that, in a future where AI-enabled forensic tools are increasingly used to inculpate defendants in criminal prosecutions, the right to confrontation will become increasingly eroded. This is largely because courts have carved out a broad “machine-generated data” exception to the Confrontation Clause. Under this exception, data generated by a sufficiently autonomous machine will fall outside the ambit of constitutional protection. The rationale is that such transmissions are too autonomous to be attributed to any human actor, and the Confrontation Clause protects only statements made by a human rather than a machine learning model. This exception to the right to confrontation is significant. Practically, these limitations could have a measurable negative impact on a defendant’s capacity to test the reliability of an AI model in court. Normatively, this study illustrates that, in a world where AI algorithms proffer inculpatory evidence of criminal wrongdoing, the right to confrontation adds little value for criminal defendants. As courts and scholars reinterpret and refine the rules of evidence to better reflect technological realities, some attention should be given to the proper place of the right to confrontation
Proceedings of the Inaugural Wilson Canada-United States Legal Issues Symposium
Get PDFEconomic Sanctions Enforcement and Compliance in Canada and The U.S., Conference Speaker
The Public Benefit Corporation: Panacea or Pipe Dream?
No full textEvent Description
The public benefit corporation (“PBC”) is a relatively new form of business organization that is designed to harness the power of capitalism to solve social problems. PBCs must try to earn profits, but they must also pursue some social purpose. Will they work as intended? Or will companies use this new form as a marketing tool while retaining a single-minded focus on increasing their profits? Speaker Bio
Michael Dorff is the Executive Director of the Lowell Milken Institute for Business Law and Policy at UCLA School of Law. He has written two books: Indispensable and Other Myths: Why the CEO Pay Experiment Failed, and How to Fix It (University of California Press 2014) and Becoming a Public Benefit Corporation: Express Your Values, Energize Stakeholders, Make the World a Better Place (Stanford University Press 2023). His writing has appeared or been discussed in publications such as The Wall Street Journal, The Atlantic, The Economist, The New Yorker, The Huffington Post, Politico, Slate, The Los Angeles Times and Fortune, as well as numerous law reviews. Speaker Bio
Michael Dorff is the Executive Director of the Lowell Milken Institute for Business Law and Policy at UCLA School of Law. He has written two books: Indispensable and Other Myths: Why the CEO Pay Experiment Failed, and How to Fix It (University of California Press 2014) and Becoming a Public Benefit Corporation: Express Your Values, Energize Stakeholders, Make the World a Better Place (Stanford University Press 2023). His writing has appeared or been discussed in publications such as The Wall Street Journal, The Atlantic, The Economist, The New Yorker, The Huffington Post, Politico, Slate, The Los Angeles Times and Fortune, as well as numerous law reviews
Case Global: Faculty and students making a global impact in extraordinary times
No full textVol. 16, No. 1 (2024) CWRU International Law student leader selected as National Jurist Law Student of the Year CWRU Among the Best Three Decades of Global Impact Case Western Reserve Journal of International Law Tackles Global Climate Change The only Law School with a Foreign Policy Radio Program International Law Moot Court Powerhouse Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights CWRU law students develop Holocaust Memorial curriculum Yemen Accountability Project publishes fifth White Paper Financial Integrity Institute Expands Immigration Law program marks an extraordinary year International internships Capstone Placements take Students from the Hague to Freetown CWRU Law Alum Philip Hadji appointed Judge of the U.S. Court of Federal Claims Our international law faculty Alumni on the Global Stage 2023-24 International Law Conferences and Speakers Roundup Experts debate role of international law in response to the global climate change crisis CWRU School of Law bestows Humanitarian Award for Advancing Global Justice on Leila Sadat, the 2023 Klatsky Lecturer Law alum, Canadian Minister Francois-Philippe, presents a fireside chat School of Law Alumnus Richard Batsom, Judge Advocate General of the Coast Guard Student Leaders Honoredhttps://scholarlycommons.law.case.edu/case_global/1001/thumbnail.jp
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