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Humans in the Loop
Get PDFFrom lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human-in-the-loop” systems. We make four contributions to the discourse.
First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decisionmaking process. Regardless of whether the law governing these systems is old or new, inadvertent or intentional, it rarely accounts for the fact that human-machine systems are more than the sum of their parts: they raise their own problems and require their own distinct regulatory interventions.
But how to regulate for success? Our third contribution is to highlight the panoply of roles humans might be expected to play, to assist regulators in understanding and choosing among the options. For our fourth contribution, we draw on legal case studies and synthesize lessons from human factors engineering to suggest regulatory alternatives to the MABA-MABA approach. Namely, rather than carelessly placing a human in the loop, policymakers should regulate the human-in-the-loop system
Reimagining Langdell\u27s Legacy: Puncturing the Equilibrium in Law School Pedagogy
Get PDFFor more than 150 years, legal education has largely followed the course charted by Christopher Columbus Langdell when he became dean of Harvard Law School in 1870. Langdell’s innovations included the case method, high-stakes summative assessments, and preferences for faculty members with experience in “learning law” rather than practicing it. His proposals were innovative and responsive to challenges in legal education at the time, but this Article argues that taking Langdell’s approach to reform—including a willingness toimplement radical changes in the face of institutional shortcomings—requires reimagining his methods for the benefit of today’s students. We identify key deficiencies of the Langdellian method, which was devised for a different set of students and at a time when we knew far less about how people learn. And we propose reforms, recommending inclusive course design that encompasses a broad range of competencies for a broad range of practices and inclusive pedagogical practices in both teaching and assessment. We also encourage all members of the law school community to share responsibility for implementing these reforms rather than relying on only a few “front-line” faculty and staff
Preface
Get PDFThe University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth
Foreword
Get PDF“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”
Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law Review and there was a question about how I was even admitted to law school
Legal Representation of Parents in Child Dependency Cases in Virginia
Get PDFVirginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the lack of adequate compensation, there is also a shortage of attorneys willing to accept appointments to represent parents in child dependency proceedings, leading to a widening gap in representation.
This Article provides an analysis of Virginia’s current system and a recommendation for improvement. In doing so, the Article begins by discussing the various federal laws that instruct the courts regarding their responsibilities in child dependency cases. This Article then addresses the process in which child welfare cases move through the court system, while noting the importance of effective lawyering on all sides in order for the courts to properly perform their duty. This Article also analyzes the workings of the current court appointment process for attorneys in child welfare cases. The Article identifies the numerous problems with the system itself and the resulting outcomes. Finally, this Article proposes a solution to improve the quality of representation to parents navigating the child dependency process in court and out of court. This solution proposes to not only increase compensation for parents’ counsel, but also to establish a state-level Commission which will work to qualify, train, and oversee parents’ counsel, while utilizing a multidisciplinary approach to provide wraparound benefits to parents engaging with the system and produce better outcomes for children and their families
Richmond Law Magazine: Spring 2023
Get PDFRules of (Civic) Engagement
The More You Give
100 Years of Women at Richmond Lawhttps://scholarship.richmond.edu/law-magazine/1078/thumbnail.jp
Enhancing Rural Representation Through Electoral System Diversity
Get PDFRural Virginians face disparities in outcomes regarding healthcare, access to important infrastructure, and other services. Some disparities may be related to rurality. The sparseness of population in rural areas may limit the sites where people may access services, triggering the need to travel significant distances to obtain goods and services in such areas. Limited access may lead to disparities even when the quality of goods and services in rural areas is high. The disparities affect all rural Virginians, but disproportionately affect rural Virginians of color. The causes of the disparities are complex and myriad, and may be based on race, class, or a combination of both.
The lack of political representation of those who most acutely experience the disparities may help explain the disparities. The interests of racial and political minorities in rural Virginia may not be fully represented in Virginia’s legislative bodies, including the General Assembly. Those rural Virginians have the right to vote, however, their interests may be ignored by their representatives. Legislation that may help minimize disparities may not be forthcoming because the interests of those suffering the disparities may not acutely concern their representatives. New programs to help ease the rural disparities may never be proposed. Proposed programs may receive insufficient support from rural legislators and legislators from non-rural areas of Virginia. The lack of representation of the interests of some rural Virginians may stem from the electoral system used to select representatives, rather than from personal failings of rural representatives
