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Institutional Choice for Software Safety Standards
No full textThe pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others propose a new super agency to oversee software-specific issues. This turn reflects both optimism in the agency model as well as pessimism in other institutions such as the judiciary or private markets.
This Essay argues that the agency model is not a silver bullet. Applying a comparative institutional choice lens, this Essay explains that the characteristic strengths of the agency model—expertise, uniformity, and efficiency—offer less advantage than one might expect in the software domain. Because software complexity exceeds the capacity of software expertise, software experts have been unable to devise standards that meaningfully assure safety. That root limitation is unlikely to change by amassing more software experts in a central agency.
This Essay argues further that the institutional choice literature should embrace an information-centered approach, rather than a participation-centered approach, when confronting an area of scientific impotence. While participation is a useful proxy when each stakeholder has relevant information to contribute, it loses its efficacy when the complexity of the problem escapes the ability of the participants. Instead, the focus should shift to constructing an empirical body of knowledge regarding the norms and customary practices in the field
From Boo Radley to \u3ci\u3eMy Cousin Vinny\u3c/i\u3e: Popular Film in Academic Law Libraries and Legal Education
No full textTemporal Buffer Zones: The Constitutional Case for Regulating Political Speech immediately Prior to Elections
No full textThe First Amendment forbids most limits on political speech, but it permits buffer zones around polling stations on Election Day. This exception to the deregulatory thrust of election speech doctrine is striking, and strikingly under-theorized. In what follows, we excavate the core principle that underpins the buffer zone exception-decisional solemnity-and we argue that, properly understood, the same principle justifies the use of temporal buffer zones: stricter-than-normal regulations on certain types of political speech in the immediate vicinity of an election. Voting, we argue, is an act different in kind from the deliberation that precedes it. Accordingly, governmental efforts to ensure the sanctity of voting can survive exacting First Amendment scrutiny in a manner that similar efforts to quell or influence expression throughout the campaign process cannot. For all the case law (and scholarship) arguing that campaigning should be insulated from legal control, there is an under-appreciated interest in subjecting voting-as distinct from campaigning-to legal controls that help to guarantee its solemnity. Physical buffer zones are paradigmatic. Temporal buffer zones are a natural extension
Concerning the Occupational Accident Insurance Coverage That Independent Contractors of Carriers May Acquire Pursuant to Standards Set by the Division of Insurance
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10506/thumbnail.jp
Concerning Removing the Exemption for Greyhound Breeders From the Pet Animal Care and Facilities Act
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10486/thumbnail.jp
Concerning Changes to the Behavioral Health Crisis Response System
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10484/thumbnail.jp
Concerning the Requirement That Interest and Income Derived From the Deposit and Investment of Federal Funds That the State Received From the Federal Coronavirus State Fiscal Recovery Fund Be Credited to the State Emergency Reserve Cash Fund
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10479/thumbnail.jp
Concerning Changes to Jail Data Collection Requirements, and, in Connection Therewith, Making an Appropriation
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10467/thumbnail.jp
Concerning The Investment Of Money In The Public School Fund
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10577/thumbnail.jp
Concerning Clarifying Changes To Measures That Ensure Defendants Have A Prompt Bond Hearing And In Connection Therewith
No full texthttps://scholar.law.colorado.edu/session-laws-2001-2050/10588/thumbnail.jp