Category: Print
Article
The Right to a Glass Box: Rethinking the Use of Artificial Intelligence in Criminal Justice
Brandon L. Garrett & Cynthia Rudin
L. Neil Williams, Jr. Distinguished Professor of Law, Duke University School of Law and Faculty Director, Wilson Center for Science and Justice, Earl D. McLean, Jr. Professor of Computer Science, Electrical and Computer Engineering, Statistical Science, Mathematics, and Biostatistics & Bioinformatics, Duke University.
Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how…
Apr 2024
Article
Excuse 2.0
Yehonatan Givati, Yotam Kaplan & Yair Listokin
Sylvan M. Cohen Professor at Hebrew University Law School, Professor at Hebrew University Law School, Deputy Dean and the Shibley Family Fund Professor of Law at Yale Law School.
Excuse doctrine presents one of the great enigmas of contract law. Excuse allows courts to release parties from their contractual obligations. It thus stands in sharp contrast to the basic principles of contract law and adds significant uncertainty to contract adjudication. This Article offers a crucial missing perspective on the doctrine of excuse: the view…
Apr 2024
Article
Forced Robot Arbitration
David Horton
Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law.
Recently, advances in artificial intelligence (“AI”) have sparked interest in a topic that sounds like science fiction: robot judges. Researchers have harnessed AI to build programs that can predict the outcome of legal disputes. Some countries have even begun allowing AI systems to resolve small claims. These developments are fueling a fascinating debate over whether…
Apr 2024
Note
Collective Disagreement: The Uneasy Interaction of the FLSA and FRCP 4(k) After Bristol-Myers Squibb
Ronahn Clarke
J.D. Candidate, Cornell Law School, 2024; B.A., Philosophy and Classical Civilization, Colby College, 2021.
Across the country, due to a circuit split over the meaning of Federal Rule of Civil Procedure (“Rule”) 4(k), federal courts are enforcing the Fair Labor Standards Act (“FLSA”) inconsistently. This Note argues that, under the current state of the law, Rule 4(k) must be read to apply to out-of-state opt-in employee-plaintiffs’ claims and FLSA…
Apr 2024
Note
Dependent Contractors? The Case for Giving Non-Competes a Central Role in Worker-Classification Tests Under Federal Law
Cameron Misner
J.D. Candidate, Cornell Law School, 2024; B.A. in Political Science, University of Indianapolis, 2021.
As legal commentators and policymakers have taken greater notice of the harms that covenants not to compete (“noncompetes”) cause workers, they have offered numerous policy proposals seeking to curb those harms. Indeed, the Federal Trade Commission proposed an outright ban on non-competes on January 5, 2023. None of these policy proposals have yet become law…
Apr 2024
Note
Eliminating the Common Law Limitations on Force Majeure Clauses
Ben Luo
J.D. Candidate, Cornell Law School 2024; B.A., University of California, Berkeley 2020.
This Note will argue that as a matter of law, courts should not apply common law limitations when interpreting catch-all provisions in contractual force majeure clauses. Instead, to properly limit the potential all-encompassing scope of force majeure catch-alls, courts should rely on the more general principles of contract interpretation. Part I of this Note will…
Feb 2024
Article
One-Offs
William D. Araiza
Stanley A. August Professor of Law, Brooklyn Law School.
This Article examines the phenomenon of “one-offs”: court opinions that are rarely cited by the court that issued them and do not explicitly generate further doctrinal development. At first glance, one might think that such opinions are problematic outputs from an apex court such as the U.S. Supreme Court, whose primary tasks are the exposition…
Feb 2024
Article
Penalizing Prevention: The Paradoxical Legal Treatment of Preventative Medicine
Doron Dorfman
Associate Professor of Law, Seton Hall Law School Faculty.
Preventive medicine, which includes interventions intended to preempt illnesses before they surface, has long been a priority for furthering public health goals and improving quality of care. Yet, preventive medicine also sends strong signals about the possible risks associated with the users’ behavior and character. This signaling effect intersects with existing stigma and pervades law…
Feb 2024
Article
Rape as Indignity
Ben A. McJunkin
Associate Professor of Law, Sandra Day O’Connor College of Law at Arizona State University; Associate Deputy Director, Academy for Justice.
Rape law has a consent problem. The topic of sexual consent predominates any discussion of rape law, both doctrinally and socially. It is now widely taken as axiomatic that nonconsensual sex is paradigmatic of rape. But consent is in fact a deeply contested concept, as recent debates over affirmative consent have demonstrated. Grounding rape law…
Feb 2024
Article
Lethal Immigration Enforcement
Abel Rodriguez
Assistant Professor of Law, St. John’s University School of Law.
Increasingly, U.S. immigration law and policy perpetuate death. As more people become displaced globally, death provides a measurable indicator of the level of racialized violence inflicted on migrants of color. Because of Clinton-era policies continued today, deaths at the border have reached unprecedented rates, with more than two migrant deaths per day. A record 853…
Feb 2024
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