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Workers\u27 Rights and the Olympic Games: The International Olympic Committee and Institutional Law Making
Get PDFArtificial Intelligence in Cyber Peace
No full textThis chapter examines artificial intelligence (AI – that is, mathematical models for representing problems on computers and algorithms for finding solutions to these problems) and its consequences for an arms race (that is, each nation is focused on self-interest in seeking an incremental gain over another for technological superiority of weapons). In the absence of cooperation, all nations are worse off than if they would be if they cooperated in some form. This chapter overviews how AI’s unique technological characteristics – including speed, scale, automation, and anonymity – could promote an arms race towards cyber singularity (that is, a hypothetical point where AI achieves Artificial General Intelligence (AGI), that surpasses human intelligence to become uncontrollable and irreversible). AI technological advancements has generated a good deal of attention about the AI arms race and its potential for producing revolutionary military applications. While the AI arms race has raised implications for cyber peace, a less studied issue is the potential impact on AGI development in cybersecurity, or cyber singularity. While there is some hype and a development time period towards cyber singularity, the results are generally viewed as negative or, at worst, destabilizing or even catastrophic for cyber peace.
Notwithstanding such limitations, there is still huge potential for use of technological advancements in AI for civilian, consumer-focused applications, and for the inevitable advancements in nations’ military and security technologies. Economic competition for AI has already motivated its development and implementation by the private sector. This has contributed to the imbalance of the economic dominance by industrialized countries. Innovative companies and countries that focus on AI development may begin to monopolize AI knowledge and take the lead towards cyber singularity, which could thwart cyber peace. AI has also become an essential component of cybersecurity, as it has become a tool used by both attackers and defenders alike. In the future, the more advanced form of AGI, or super technological intelligence, could develop its own understanding of the world and react to it in a rapid and uncontrollable way without human involvement. Advancement toward cyber singularity could present new military capabilities, such as manipulation of data and overcoming other nations’ defenses, and transform interactions in cyber conflict. While is difficult to detect or measure the origination or proliferation of AI in cybersecurity, whatever possible cooperation among nations that can be promoted is certainly worth exploring. Thus, this chapter explores how shared governance through talent mobilization in the form of a global AI service corps can offset the negative impact of nation-states’ economic competition to develop AGI
Sidelined Again: How the Government Abandoned Working Women Amidst a Global Pandemic
Get PDFAmong the weaknesses within American society exposed by the COVID pandemic, almost none has emerged more starkly than the government’s failure to provide meaningful and affordable childcare to working families—and, in particular, to working women. As the pandemic unfolded in the spring of 2020, state and local governments shuttered schools and daycare facilities and directed nannies and other babysitters to “stay at home.” Women quickly found themselves filling this domestic void, providing the overwhelming majority of childcare, educational support for their children, and management of household duties, often to the detriment of their careers. As of March 2021, more than 5 million American women had lost their jobs, with 2.3 million women no longer even looking for work. Countless other women continue to struggle with the unsustainable demands of performing their paid jobs while simultaneously providing close to full-time domestic services at home. On all of these metrics, women of color have found themselves even more acutely affected.
Importantly, this need not have been the case: With a reasonable amount of planning and expense, federal, state, and local governmental resources could have been mobilized to create a solution to this crisis. By establishing and providing funding for “learning pods” throughout the country, the government could have served the needs of countless working families (especially working mothers) by filling this childcare void, while also providing employment assistance to a host of other workers who lost their jobs during the pandemic. In fact, the government could have turned to its own experience—providing childcare to working mothers during World War II and continuing to operate high-quality and affordable childcare for military families today—to deliver this type of childcare assistance to all families currently in need. In declining to do so, the government not only has exacerbated the COVID crisis for innumerable working families, but also has further relegated women to the professional sidelines—a decision destined to have immeasurable and long-term consequences for millions of working women, for the organizations that employ them, and for society as a whole
Supreme Court 2022: Abortion, Guns, a Leak, and a New Justice
No full textThe 2021-2022 Term of the Supreme Court was among the most consequential in modern history. Critical decisions included overturning constitutional abortion rights, holding the 2nd Amendment incorporates some right to carry guns outside the home, limiting damages for emotional distress, sustaining many death-penalty cases, and restricting some COVID vaccination requirements. The decisions this Term suggested several significant trends in the direction of the Court. The early leak of the majority opinion in the abortion case, the attempt on the life of Justice Kavanaugh, and noisy demonstrations outside the homes of justices will, unfortunately, mean that Justices are less able to move around in public. Justice Breyer left the Court and was replaced by Justice Ketanji Brown Jackson. The Court has accepted cases for the 2022-2023 Term involving university affirmative action, voting rights, same-sex wedding services, and DNA testing in criminal cases
No-Knock, Who\u27s There? Why Federal Judges Do Not Have the Authority to Issue No-Knock Warrants
Get PDFUsing Artificial Intelligence in the Law Review Submissions Process
Get PDFThe use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct the initial review of submissions. Although editors should not rely on a score assigned by an algorithm to decide whether to accept an article, technology-assisted review could increase the efficiency of initial screening and provide feedback to editors on their selection decisions. Uncovering potential human bias in the existing selection process may encourage editors to develop ways to minimize its harmful effects.
Despite these benefits, using artificial intelligence to streamline the submissions process raises significant concerns. Technology-assisted review may enable efficient implementation of existing biases into the selection process, rather than correcting them. Artificial intelligence systems may rely on considerations that result in discriminatory effects and negatively impact groups that are not adequately represented during development. The tendency to defer to seemingly neutral and often opaque algorithms can increase the risk of adverse outcomes. With careful oversight, however, some of these concerns can be addressed. Even an imperfect system may be worth using in limited situations where the benefits substantially outweigh the potential harms. With appropriate supervision, circumscribed application, and ongoing refinement, artificial intelligence may provide a more efficient and fairer submissions experience for both editors and authors
The Problem with Dobbs and the Rule of Legality
Get PDFIn Dobbs v. Jackson Women’s Health Organization, the Supreme Court reversed decades of precedent to overrule Roe v. Wade and Planned Parenthood v. Casey. In anticipation of the Court’s decision, several states adopted “trigger laws” restricting abortion. These laws were explicitly drafted to take effect if Roe and Casey were overturned. These laws joined pre-Roe “zombie laws” that restricted abortion and were never rescinded by state legislatures despite Roe and its progeny. Collectively, trigger laws and zombie laws are now being used in several states to impose restrictions on reproductive autonomy.
This Essay challenges the validity of these laws. Despite their eponymous names, they are not laws. When the Supreme Court affirmed the right to abortion in Roe and reaffirmed that right in Casey, any inconsistent state laws were voided. When states adopted laws contrary to Roe and Casey in the hope of future reversal, these laws were void ab initio. Dobbs did not and could not resurrect these laws. Prosecution under trigger laws or zombie laws would violate the rule of legality—there is no crime in the absence of a duly enacted law. Until state legislatures adopt de novo restrictions on reproductive autonomy, courts should reject any effort to rely on outdated and void legislation
Yes, Alito, There is a Right to Privacy: Why the Leaked Dobbs Opinion is Doctrinally Unsound
Get PDFOn June 24, 2022, the Supreme Court released the final Dobbs majority opinion, which is substantially identical to the draft opinion. Consequently, the critique contained in this essay applies equally to the final Dobbs opinion.
On May 2, 2022, a draft majority opinion dated February 2022 and authored by Justice Alito in Dobbs v. Jackson Women’s Health Organization was leaked to the public. This Essay addresses the doctrinal infirmities of the underlying analysis of the draft Dobbs opinion, as well as the resulting dangers posed for the protection of fundamental privacy rights and liberties in contexts even beyond abortion.
The draft Dobbs opinion bases its rationale for overruling Roe v. Wade on two deeply flawed premises. First, the opinion claims that abortion had not been a recognized enumerated right prior to Roe, but had instead been criminalized in a number of states. Under the apparent premise that conduct once criminalized cannot subsequently be constitutionally protected as a fundamental right, Justice Alito, the opinion’s author, consequently concludes that abortion rights should be returned to their purported pre-1973 status: nonexistent. Second, the opinion is grounded in an interpretation of substantive due process that only recognizes Fourteenth Amendment protections for unenumerated rights when the specific conduct-framed right for which protection is sought (i.e., the right to abortion, as opposed to the broader liberty interest in personal autonomy and privacy, which encompasses that right) must be “‘deeply rooted’ in this Nation’s history and traditions’ and ‘implicit in the concept of ordered liberty.’” The draft Dobbs opinion then concludes that for those and other reasons, Roe was an unsound, wrongly decided opinion (although the draft opinion also acknowledges that Roe followed a longer line of precedent affirming substantive due process protections for “intimate sexual relations, contraception, and marriage” ). A reported majority of Justices would consequently hold under the draft opinion that neither Roe nor the subsequent Casey decision should be honored under the Court’s longstanding practice of stare decisis. Instead, both should be overruled (assurances during their confirmation hearings that they would honor stare decisis notwithstanding).
This Essay details how the primary premises underlying the draft opinion’s overruling of Roe and Casey are infirm as a matter of constitutional doctrine, precedent, and fact