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Between Managerialism and the Legal Counterculture: The Yale Program in Law and Modernization in the History of the Global 1970s
Get PDFAI Advice
Get PDFThis Article merges one of our most ancient technologies for the promotion of welfare-advice-with some of our most recent-artificial intelligence (Al) and big data. AI is already writing novels, poetry, newspaper articles, and tweets. Big data may soon capture not only our online activities, but also our real-time heart rate, sleep patterns, and even our current mood. This is the first Article to introduce and examine the possibility of AI advice. AI advice offers the potential for exceedingly accurate personalized recommendations. It also reveals important limits within the burgeoning literature on personalized law. The Article first rejects recent attempts to rehabilitate mandatory disclosures by personalizing them. Ironically, the technological progress required to create effective big data disclosures will itself substantially reduce the need for such disclosures. In this future, advice, not disclosure, will be the dominant paradigm. The Article then dissects our everyday practices of advice-giving to unearth a number of powerful features of advice that promote self-efficacy, reduce motivated reasoning, and make it more likely that people will hear and heed good advice. The capacity to bundle these features with exceedingly accurate recommendations makes AI advice a promising alternative to its two main regulatory rivals: mandatory disclosure and nudges
Cops in Scrubs
Get PDFAn encounter with police often involves more than just the police officer and the individual person. This Article highlights one particular actor integral to police investigations: the medical professional. Medical professionals, whether they be physicians, nurses, nurse practitioners, or other healthcare providers, become part of investigations in many ways. They notify police of crimes. They facilitate police questioning. They provide information gleaned from patient conversations, patient belongings, and their bodies. _The intertwined relationship between medical professionals and law enforcement is embedded in the legal and regulatory framework. A constellation of laws directs medical professionals to cooperate with law enforcement with very little countervailing authority or guidance on when they should not. These laws force medical professionals-even when they act with good intentions-to move away from medical judgment and be coopted as cops in scrubs. Ultimately, the existing legal and regulatory regimes are insufficient in guarding against overbroad police and medical authority. I explore three categories of overlap between medical professionals and law enforcement: crime reporting, questioning of patients, and evidence procured through medical procedures. This exploration reveals a spectrum of how medical professionals act in response to their responsibilities to public safety. Medical professionals may be acting in their role as healthcare providers in the face of difficult ethical, legal, and moral obligations or acting in concert with police. This wide spectrum results in part from courts broadly construing medical professionals\u27 duties to public safety, the insufficient accounting of the particular potency of medical professionals as aid-to or part of police investigations, and the inadequacies of existing criminal procedure safeguards. The relationship between medical professionals and law enforcement must be viewed against the backdrop of historical and contemporary racial discrimination and bias by law enforcement and medical institutions. The inadequate regulation of the overlap of medical professionals and law enforcement puts poor and racial minorities groups at risk of experiencing an amplified and compounded bias. This Article highlights that potential aggregated effect where people may experience not only worse medical outcomes but also criminal punitiveness because of their race and class. The Article concludes by suggesting doctrinal and statutory changes and other prescriptions as countervailing authority that would allow medical professionals to push back against overbroad police authority
FSU Law Focus - 11/19/2021
Get PDFFrom the Dean: Passing of Associate Dean of Admissions Jennifer Kessinger; Florida Legislative Practice Course; Alum Profile: G. Brock Magruder, III (\u2714); Student Profile: 3L Isaac Allenhttps://ir.law.fsu.edu/fsu-law-focus/1050/thumbnail.jp
FSU Law Focus - 06/04/2021
Get PDFFrom the Dean: Registration for Fall 2021 legal employment interview program; Recent Grad Earns Prestigious Fellowship (Remi Abiodun), Alum Profile: Hon. Anthony B. Miller (’00); Student Profile: 2021 Grad Esther Osimhttps://ir.law.fsu.edu/fsu-law-focus/1151/thumbnail.jp
FSU Law Focus - 07/23/2021
Get PDFFrom the Dean: Preparing for the bar exam; Prof. Landau Publishes Book on Abusive Constitutionalism; Alum Profile: Kweku A. Darfoor (’11); Student Profile: 2021 Grad Rayanna Riecsshttps://ir.law.fsu.edu/fsu-law-focus/1196/thumbnail.jp
FSU Law Focus - 03/12/2021
Get PDFFrom the Dean: Gubernatorial Fellows and Legislative Interns; Moot Court Team Wins Second Championship in Two Weeks; Professor Morley Testifies Before House Judiciary Committee; Alum Profile: Roger J. “R.J.” Haughey (’97); Student Profile: 3L Kelsey Carltonhttps://ir.law.fsu.edu/fsu-law-focus/1343/thumbnail.jp
Faultlines of Federation: Australia\u27s Intergovernmental Cooperation and Human Rights during the Pandemic
Get PDFThe COVID-19 pandemic has challenged previously understood boundaries between jurisdictions and the balance of power between national, state and territory governments in Australia. The crisis served as a catalyst for long called for-yet unexpected-reform of the peak intergovernmental body, the Council of Australian Governments (\u27COAG\u27) which was replaced by the National Cabinet to ensure coordinated intergovernmental responses. This article examines whether the new National Cabinet has emerged as an effective institution of intergovernmental cooperation in Australia\u27s federalist structure. Is it capable of protecting human rights? Three main areas of rights protection were examined including health, work and rights of residents in aged care. The National Cabinet has been effective in providing decisive responses to contain and suppress COVID-19. However, second-wave outbreaks, particularly in Victoria, have revealed fault lines in the system. Within the three areas of rights protection examined we found that intergovernmental cooperation through the National Cabinet was most effective when there was a clear delineation of responsibility between the levels of government. However, the protection of aged care residents in particular has revealed serious systemic deficiencies leading to blame-shifting between the levels of government over the boundaries of responsibility. As an institution of intergovernmental cooperation, the National Cabinet offers some advantages over the COAG. Frequent internet meetings of the National Cabinet have alleviated some criticisms that haunted COAG as being ineffective and overburdened with unnecessary procedure. Further, the heightened attention of the mass media has somewhat countered complaints about opaque decision-making and lack of accountability. Conversely, some fault lines begin to emerge around states acting in self-interested ways —hard-line border closures damaging both economic interests and individuals\u27 freedom of movement. There are also indicators of centralisation with the emerging National Cabinet structure containing potential for power to shift from states and territories—which currently hold most of the constitutional powers relating to emergencies —to the Commonwealth. The National Cabinet served as a political and symbolic tribune for the Prime Minister rather than premiers and chief ministers. Whether the National Cabinet can overcome these fault lines remains to be seen. At least we note some positive signs that cooperative approaches are possible and effective when most needed
FSU Law Focus - 09/10/2021
Get PDFFrom the Dean: Faculty scholarship brochure; Students Attend Business Law Section Retreat; Alum Profile: Amelia A. Savage (\u2706); Student Profile: 3L Amanda Lowehttps://ir.law.fsu.edu/fsu-law-focus/1104/thumbnail.jp
FSU Law Focus - 06/18/2021
Get PDFFrom the Dean: Summer for Undergraduates; 2021 Magazine Available Now; Alum Profile: Jessica M. Icerman (’12); Student Profile: 2021 Grad Kenny Acevedohttps://ir.law.fsu.edu/fsu-law-focus/1164/thumbnail.jp