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Choice of Court Agreements: Selected Common-Law Jurisdictions and Indian Laws Compared - Time for the Convention of 30 June 2005 on Choice of Court Agreements?
Get PDFTribute to Professor David Markell: A Colleague Among Colleagues
Get PDFThis essay was written to celebrate David Markell at his retirement from an extraordinary career in both civil service and academia. To a prolific career of scholarly writing, Dave brought the rare gift of high-level practical experience in environmental governance, enabling him to marry a natural gift for academic analysis with an in-depth, field-level understanding of the constraints, challenges, and rate-determining steps of environmental law. As a result, both his scholarship and his teaching were infused with a level of insight that most law professors never quite reach. The incorporation of these twin gifts into his written work invites the highest possible praise, in that his scholarship is truly useful, both to those thinking about and practicing in the field of environmental law. Still, the essay concludes that Dave’s most enduring contributions were in the sustaining personal relationships he created and his own compelling personal example. Dave was a backbone of every community he was part of, caring not only about institution-building but about the individuals that compose them, and supporting every student, colleague, and neighbor who crossed his path with patience, humility, and grace. Published posthumously, the essay concludes with shared reflections of how his various communities will always remember him, profoundly characterized by his utter nobility and sincerity as a human being. He was, and remains, a colleague among colleagues, the very best among us
Uncertain Risk, Science Experiments, and the Courts
Get PDFLegal scholarship has looked at problems of uncertainty- unknown unknowns -in a variety of contexts, from financial regulation to national security. This Article, however, focuses on uncertain risk in what may be its most challenging arena: experimental scientific research. Notably, this context imposes a key conceptual hurdle. In other arenas, law and regulation can work to lessen uncertainty. But with science-experiment risk, uncertainty cannot be sidestepped, since going beyond the current state of human knowledge is the whole point of experimental research. Moreover, scienceexperiment risk involves the highest possible stakes, since future experiments could plausibly lead to global catastrophe, even human extinction. As a case study, this Article explores an extreme science-gone-wrong scenario: a part icle-collider-spawned black hole that grows to devour our planet. No credible source considers such a disaster likely, but scientific uncertainty has made the possibility of such a mishap frustratingly difficult to exclude. Thus, the black hole case provides a sharp example of how the classical mode of quantitative risk assessment breaks down under the weight of unknown unknowns. Proceeding from this example, this Article attempts to answer questions such as: How can the courts make good decisions about the reasonableness of risk where safety depends on understanding laws of nature the experiment itself is designed to uncover? And how can the courts keep the masses safe from science while keeping science safe from the masses? The answers revolve around the insight that courts can conduct a qualitative meta-analysis, looking at such factors as the existence of conflicts of interest, the influence of institutional pressures, and the extent to which safety rationales rely on untested assumptions. With this test suite, courts can guard the rule of law while leaving the scientific frontier open for exploration
AI 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
FSU Law Focus - 07/13/2021
Get PDFFrom the Dean: Alva Striplin joins FSU as executive director of business law programs; Prof. Eisenberg Authors Piece for The Atlantic; Alum Profile: Earnest A. DeLoach, Jr. (’99); Student Profile: 2021 Grad Helen Hayniehttps://ir.law.fsu.edu/fsu-law-focus/1185/thumbnail.jp
FSU Law Focus - 10/08/2021
Get PDFFrom the Dean: 2021 Homecoming festivities; FSU SALDF Wins Chapter of the Year Award; Alum Profile: Wendy Stein Fulton (\u2700); Student Profile: 3L Yardley Colletthttps://ir.law.fsu.edu/fsu-law-focus/1131/thumbnail.jp
FSU Law Focus - 05/14/2021
Get PDFFrom the Dean: FSU Law staff appreciation; Prof. Krieger Celebrates 30 Years with FSU; Alum Profile: Adrian A. Lukis (’13); Student Profile: 2021 Grad Stefan Whitinghttps://ir.law.fsu.edu/fsu-law-focus/1271/thumbnail.jp
Lessons from the Coronavirus Pandemic for Environmental Governance
Get PDFThis very short essay distills lessons from the U.S. response to the COVID-19 pandemic for leaders everywhere about how—and how not—to manage complex interjurisdictional challenges, like the environment, which unfold without regard for political boundaries. In a matter of months, COVID-19 has laid bare the interdependence of the world on every front imaginable: global public health, economic growth and development, social and professional networks, transportation and migration, and of course, ecological and environmental systems. No single nation has the coronavirus. No one state is economically disrupted. There is no single ethnic group, occupation, or corner of the world that has been impacted. All of us, in every corner of the world, in every profession, and in every ecosystem are affected. Since the virus was introduced, it has surfed the channels of our interconnectedness, uniting us all in the grip of its devastation. Similarly, unless we can act in unison to contain it, it will continue to surf those channels, exposing our interconnectedness despite all efforts to pretend otherwise. In this way, the virus and our response to it betrays the fundamental problem with which environmental governance has always contended in our interdependent, multijurisdictional world: We cannot do it alone. The major environmental problems with which we wrestle—air and water pollution, biodiversity preservation, ecosystem integrity, climate stability, and all the others—are bigger than we are, and certainly bigger than any one of these jurisdictions. No matter how skilled or well-intended, a single town, city, state, or even nation cannot effectively cope with the critical environmental challenges of our time, because they extend beyond these arbitrary political boundaries. To accomplish our goals, we have to coordinate our efforts