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Professional Speech at Scale
Get PDFRegulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause public harm long before regulatory processes can gear up to address it.This article examines how these two trends interact in the fields of health-care regulation and legal practice. It looks at how these forces work together both to create new regulatory problems and to shape the potential government responses to those problems. It analyzes the Supreme Court’s developing caselaw on professional speech and predicts how the Court’s jurisprudence is likely to shape current legal challenges in law and medicine. The Article further examines the regulatory challenges posed by the change in scale generated by massive digital platforms and the introduction of artificial intelligence. It concludes by recommending ways in which government regulators can meet the new challenges posed by technological development without infringing on protected speech. The crux of our proposal is that incremental change in the traditional state regulatory process is insufficient to meet the challenges posed by changes in technological scale. Instead, it is time to ask bigger questions about the underlying goals and first principles of professional regulation
Managing the Medical Matrix: A DAIS for Artificial Intelligence in Health Care (and Beyond)
Get PDFAI offers “huge and wide-reaching potential” in health; the futures of health care and AI are deeply interconnected. Use of AI provides the field with never-before imagined opportunities to streamline and delve more deeply into medical care, including disease identification, diagnosing conditions, and a simpler way to crowdsource and develop treatment plans. Its broad inclusion in the field has created a pressing need for more, and better, regulation. Improved regulation is especially critical because of the possibility that mismanaged AI will allow for incorrect diagnosis of patients or biased predictions and outcomes. In fact, numerous examples of such bias – and attempts to manage bias – already exist, which raises major ethical questions surrounding the use of AI and presents the issue of how to avoid health disparities in AI.
In this Note, I argue that AI is not being adequately managed at the federal level. I further argue that the lack of management is largely due to a general failure to mandate standards for data sourcing, cleaning, and testing. The health care field is rife with examples of the effects of poor management, some of which have immediate and devastating impacts on patients; however, mismanagement of AI is not limited to health care alone. The potential problems that arise from lack of oversight span across industry lines. Thus, no single industry or existing federal agency can claim full ownership of, or expertise in, AI as a tool. I therefore propose that the best possible solution would be to form an entirely new top-level federal agency. This new agency would be tasked with creating federally mandated standards for ethical AI data sourcing, cleaning, and testing across industries. It would provide comprehensive management of AI datasets that do not fall under the umbrella of an existing agency such as the Food & Drug Administration (FDA). I further propose that the new regulatory body be named the “Department of Artificial Intelligence Standardization,” or DAIS
The Clean Water Act at 50: An Interdisciplinary Symposium
No full textThe Coleman P. Burke Center for Environmental Law
The Coleman P. Burke Center for Environmental Law will sponsor “The Clean Water Act at 50,” a day-long interdisciplinary symposium that will explore the successes, failures and remaining challenges of the Clean Water Act. The event is Thursday, April 8, 2022.
In 1972, responding to widespread and growing concern about the fate of the nation’s waters, Congress enacted the Federal Water Pollution Control Act Amendments of 1972, commonly known as the Clean Water Act. This far-reaching federal legislation sought to eliminate the discharge of pollution into waterways and ensure that rivers and streams are swimmable and fishable. Since that time, the nation has made substantial progress in controlling water pollution, particularly from point sources, but many significant water quality changes remain, as do legal questions about the scope and application of federal regulations to activities that can affect water quality and resources. Confirmed speakers include: Robert W. Adler, University of Utah College of Law Annie Brett, University of Florida Levin College of Law William Buzbee, Georgetown University Law Center Robin Kudis Craig, USC Gould School of Law Bonnie Keeler, University of Minnesota Hubert H. Humphrey School of Public Affairs, Center for Science, Technology, and Environmental Policy David Keiser, University of Massachusetts at Amherst, Department of Resource Economics Nina A. Mendelson, University of Michigan Law School Sheila Olmstead, University of Texas, Lyndon B. Johnson School of Public Affairs Dave Owen, UC Hastings College of Law Erin Ryan, Florida State University College of Law James Salzman, UCLA School of Law/Bren School of Environmental Science & Managemen
Supply Chain Challenges for North America (Part 5)
No full textCanada-United States Law Institute 46th annual conferenc
Sackett v. Environmental Protection Agency and the Future of Clean Water Act Jurisdiction
No full textThe Clean Water Act prohibits the discharge of pollutants into waters of the United States without a permit, but what are the boundaries of waters of the United States ? This question has vexed federal regulatory enforcement since the earliest days of the CWA and has reached the Supreme Court for the fourth time. This fall, in Sackett v. EPA, the Supreme Court will consider whether the EPA\u27s definition of waters of the United States is too broad, and whether courts have been too deferential to the agency\u27s assertion of regulatory authority. This webinar will examine the legal issues at play in Sackett, and the potential consequences for environmental law, water pollution control and environmental conservation. The Webinar will feature Professor Royal Gardner of Stetson University Law School and Jonathan Wood of the Property and Environment Research Center. Speaker Bios
Professor Royal C. Gardner is a Professor of Law and Co-Director of the Institute for Biodiversity Law and Policy at the Stetson University College of Law. Professor Gardner is an internationally recognized expert in wetland law and policy. Recent projects include testifying before a World Bank arbitration panel, advising the Government of Oman regarding wetland policy, coauthoring amicus briefs on behalf of environmental scientists, and creating interdisciplinary courses that facilitate discourse among experienced scientists, policymakers, and students.
His research and scholarship focus on U.S. and international wetland legal and policy issues, with an emphasis on biodiversity offsets. He has lectured in Africa, Asia, Europe, and North and South America.
The Institute for Biodiversity Law and Policy received the American Bar Association\u27s 2016 Distinguished Achievement in Environmental Law and Policy Award, and Professor Gardner is the recipient of the 2018 President\u27s Service Award from the Society of Wetland Scientists and the 2006 National Wetlands Award for Education and Outreach.
Professor Gardner served two terms (2013-2018) as chair of the Scientific and Technical Review Panel (STRP) of the Ramsar Convention, an intergovernmental wetland treaty with 170 countries. He also served on the Ramsar STRP as North American representative (2006–2008) and invited expert (2009–2012). He was chair of the U.S. National Ramsar Committee (2005–2008) and participated in the Ramsar Convention Conferences of the Parties held in Spain (2002), Uganda (2005), Korea (2008), Romania (2012), and Uruguay (2015). In 1999–2001, Professor Gardner was appointed to the National Research Council\u27s Committee on Mitigating Wetland Losses.
An executive editor of the Boston College Law Review and a member of the Order of the Coif, he graduated magna cum laude from Boston College Law School. He then clerked for Chief Judge Francis J. Boyle of the United States District Court for the District of Rhode Island. From 1989 to 1993, he served in the Army General Counsel\u27s office as the Department of the Army\u27s principal wetland attorney, advising the assistant secretary of the Army (civil works) on legal and policy issues related to the Corps of Engineers\u27 administration of the Clean Water Act section 404 program. From 1993 until he joined the Stetson faculty in 1994, Professor Gardner worked for the Department of Defense, where he participated in negotiating international agreements with Russia, Ukraine, Kazakhstan, and Belarus to facilitate the dismantlement of the former Soviet Union\u27s nuclear weapons.
Jonathan Wood is vice president of law and policy at PERC—the Property and Environment Research Center. An attorney, he has litigated environmental and property-rights cases in the Supreme Court of the United States, federal and state appellate courts, and trial courts across the country. His writing has appeared in the Wall Street Journal, Washington Post, National Review, Reason, and other outlets. And his research has been published in journals such as Environmental Law Reporter, Yale Journal on Regulation Notice & Comment, Pace Environmental Law Review and California Western Law Review.
Prior to coming to PERC, Wood was a senior attorney at Pacific Legal Foundation, where he litigated cases concerning the Endangered Species Act, Clean Water Act and other federal environmental laws. He was co-counsel for forest landowners in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, in which the Supreme Court ruled unanimously that private land could not be arbitrarily regulated as critical habitat under the ESA. He also led a successful effort to reform regulation of threatened species to better align the incentives of private landowners with the interests of rare species.
Wood has testified before several congressional committees on wildlife conservation and endangered species topics. He has also appeared on national television and radio, including NPR’s All Things Considered, C-Span’s Washington Journal, Stossel, Fox News and Hill.TV.
He has a law degree from the New York University School of Law, a master\u27s degree in economic policy from the London School of Economics and a bachelor’s degree in economics from the University of Texas. Wood is on the executive committee for the Federalist Society’s Environmental Law and Property Rights Practice Group and a steering committee member for the Environmental Law Institute’s Emerging Leaders Initiative.
Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and the founding Director of the Coleman P. Burke Center for Environmental Law at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative and constitutional law.
Professor Adler will moderate the panel
America\u27s Classrooms; Frontlines of the First Amendment (Part 2)
No full text1 - 3:00 p.m. Panel 2: Academic Freedom and Student Mistreatment
● Caroline Corbin, University of Miami School of Law: When Teachers Misgender● Keith Whittington, Professor of Politics at Princeton University: Academic Freedom Protections and Extramural Speech of University Professors ● Laura Beth Nielsen, American Bar Foundation and Chair of Sociology at Northwestern University: Misgendering Students ● Andrew Koppelman, Northwestern University: First Amendment Rights to Mistreat Students
This panel will focus on recent case law emphasizing teachers’ First Amendment rights with a focus on higher education.
3:00 - 3:15 p.m. Closing Remark
America\u27s Classrooms: Frontlines of the First Amendment (Panel 1)
No full textThis symposium will explore current First Amendment issues in lower and higher education. Following a series of state-law mandates and Circuit Court and Supreme Court decisions affecting teachers and our American education system, this constitutional conversation is ripe for debate and analysis.
Symposium presenters will discuss academic freedom protections for university and lower education teachers, gender identification of students, off-campus speech, K-12 curriculum development, critical race theory, and other related topics. 9:30 a.m. Welcome and Introduction 10:00 a.m. - noon Panel 1: K-12 First Amendment Considerations
● Richard Duncan, University of Nebraska-Lincoln College of Law, First Amendment religious rights influencing school choice and curriculum ● Erika Wilson, UNC School of Law: Critical Race Theory and Localism ● Emily Spivack, senior associate Squire, Patton, Boggs: variety of K-12 issues in practice ● Will Creeley, Foundation for Individual Rights and Expression (FIRE): Social Media in Schools, focusing on Mahanoy v. B.L. ● Shannon Minter. Legal Director of the National Center for Lesbian Rights (NCLR): TBD
This panel will focus on the current First Amendment issues in K-12 education and the effects on teachers, students, and parents
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