Archives

  • Next-Generation Data Governance
    By: Kimberly A. Houser & John W. Bagby The proliferation of sensors, electronic payments, click-stream data, location-tracking, biometric feeds, and smart home devices, creates an incredibly profitable market for both personal and non-personal data. It is also leading to an amplification of harm to those from or about whom the data is collected. Because federal law ...
  • Smart Money for the People: Using Financial Innovation and Technology to Promote ESG
    By: Frank Emmert Traditional fiat currencies managed by governments and central banks have had negative impacts on environmental, social, and governance (ESG) goals. Central banks in mature democracies pursue policies that prioritize economic growth and high employment. However, these policies often lead to inflation, eroding the savings and pension funds of average citizens and encouraging risky ...
  • The GPTJudge: Justice in a Generative AI World
    By: Maura R. Grossman, Paul W. Grimm, Daniel G. Brown, and Molly Xu Generative AI (“GenAI”) systems such as ChatGPT recently have developed to the point where they can produce computer-generated text and images that are difficult to differentiate from human-generated text and images. Similarly, evidentiary materials such as documents, videos, and audio recordings that are ...
  • Forensic Evidence and Rule 3.8: What Does the Use of Bite Mark Evidence Tell Us About Prosecutorial Ethics?
    By: Brendan Clemente Rule 3.8 of the ABA’s Model Rules of Professional Conduct should include rules that specifically address unethical uses of forensic evidence in criminal prosecutions. Forensic evidence is common in criminal trials. But the traditional rules of ethics do not effectively address the use of forensic evidence. Rule 3.8 should include a rule requiring ...
  • Causation and Conception in American Inventorship
    By: Dan L. Burk Increasing use of machine learning or “artificial intelligence” (AI) software systems in technical innovation has led some to speculate that perhaps machines might be considered inventors under patent law. While U.S. patent doctrine decisively precludes such a bizarre and counterproductive result, the speculation leads to a more fruitful inquiry about the ...