Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies
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Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond
THE YALE LAW JOURNAL ABBE R. GLUCK Intrastatutory Federalism and Statutory Interpretation: State Implementation of Federal Law in Health Reform and Beyond ABSTRACT. State implementation of federal law is commonplace, but has been largely ignored by the interpretive doctrines of legislation and administrative law. We have no Chevron, federalism canon, or anything else for state implementation, nor any doctrines that ask how Congress's decisions to delegate implementation duties to states should affect how ambiguous statutes should be interpreted. For theories of federalism, state implementation raises a different question, namely, whether this "intrastatutory federalism" -an informal federalism that comes from the inside of federal statutes -is something that doctrine should protect. The prevailing functional and sovereignty accounts of federalism seem less relevant for a federalism that comes at the grace of Congress; this federalism belongs to the domain of statutory interpretation. This Essay argues that state implementation of federal law plays many different roles, and that those differences should affect both how statutes are interpreted and how they are conceived from a federalism perspective. Sometimes state implementation effectuates traditional federalism values like experimentation, but at other times it seems to serve more nationalizing functions, like statutory entrenchment and even federal law encroachment. This variety poses challenges for legislation doctrine, because the prevailing canons of interpretation are not designed to capture such differences, and it illustrates that the broad category of cooperative federalism is more nuanced than commonly acknowledged. AUTHO R. Associate Professor of Law and Milton Handler Fellow, Columbia Law School. Many of the ideas in this Essay arose in response to Bill Eskridge and John Ferejohn's terrific book, A Republic ofStatutes, and also took shape in conversations with Alan Weil. -
Artificial Intelligence: with Great Power Comes Great Responsibility
ARTIFICIAL INTELLIGENCE: WITH GREAT POWER COMES GREAT RESPONSIBILITY JOINT HEARING BEFORE THE SUBCOMMITTEE ON RESEARCH AND TECHNOLOGY & SUBCOMMITTEE ON ENERGY COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION JUNE 26, 2018 Serial No. 115–67 Printed for the use of the Committee on Science, Space, and Technology ( Available via the World Wide Web: http://science.house.gov U.S. GOVERNMENT PUBLISHING OFFICE 30–877PDF WASHINGTON : 2018 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair FRANK D. LUCAS, Oklahoma EDDIE BERNICE JOHNSON, Texas DANA ROHRABACHER, California ZOE LOFGREN, California MO BROOKS, Alabama DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois SUZANNE BONAMICI, Oregon BILL POSEY, Florida AMI BERA, California THOMAS MASSIE, Kentucky ELIZABETH H. ESTY, Connecticut RANDY K. WEBER, Texas MARC A. VEASEY, Texas STEPHEN KNIGHT, California DONALD S. BEYER, JR., Virginia BRIAN BABIN, Texas JACKY ROSEN, Nevada BARBARA COMSTOCK, Virginia CONOR LAMB, Pennsylvania BARRY LOUDERMILK, Georgia JERRY MCNERNEY, California RALPH LEE ABRAHAM, Louisiana ED PERLMUTTER, Colorado GARY PALMER, Alabama PAUL TONKO, New York DANIEL WEBSTER, Florida BILL FOSTER, Illinois ANDY BIGGS, Arizona MARK TAKANO, California ROGER W. MARSHALL, Kansas COLLEEN HANABUSA, Hawaii NEAL P. DUNN, Florida CHARLIE CRIST, Florida CLAY HIGGINS, Louisiana RALPH NORMAN, South Carolina DEBBIE LESKO, Arizona SUBCOMMITTEE ON RESEARCH AND TECHNOLOGY HON. BARBARA COMSTOCK, Virginia, Chair FRANK D. LUCAS, Oklahoma DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois ELIZABETH H. ESTY, Connecticut STEPHEN KNIGHT, California JACKY ROSEN, Nevada BARRY LOUDERMILK, Georgia SUZANNE BONAMICI, Oregon DANIEL WEBSTER, Florida AMI BERA, California ROGER W. MARSHALL, Kansas DONALD S. BEYER, JR., Virginia DEBBIE LESKO, Arizona EDDIE BERNICE JOHNSON, Texas LAMAR S. -
Can E-Government Help?
Improving Governance and Services: Can e-Government Help? RFI Smith, Monash University, Australia Julian Teicher, Monash University, Australia Abstract: E-government can help improve governance and service delivery by refocusing consideration of the purposes and tools of government. However, E-government initiatives pose challenging questions of management, especially about coordination in government and the design of services for citizens. Progress towards implementing e-government raises critical questions about preferred styles of governance and about how governments relate to citizens. At present, interactions between citizens, the institutions of government and information and communications technology raise more agendas than governments can handle. However, trying to find ways through these agendas is to confront questions of wide interest to citizens. At the very least, e-government helps improve governance and services by asking questions. ince the late 1990s the prospect of using Information and Communication Such questions lead directly to a familiar S Technologies (ICTs) to improve effectiveness, dilemma: fairness and accountability in government has attracted widespread enthusiasm. However early hopes that e- How to capture the benefits of coordinated initiatives would bypass intractable questions of action and shared approaches while government organization and transform citizen maintaining individual agency responsibility experience of the delivery of public services have given and accountability for operations and results. way to more modest claims. (OECD 2003: 15) At the same time, thinking about how to use ICTs most effectively in government has generated Many governments have gone to great lengths widening questions about what governments should try to craft pluralist or decentralised strategies for to do and how they should do it. -
Hamline Law Review 2009 Symposium
Hamline Law Review 2009 Symposium April 3, 2009 Klas Center, Hamline University The Food, Drug, and Cosmetic Act – Searching for the Crossroads of Safety and Innovation In a 2008 U.S. Supreme Court decision, Riegel v. Medtronic, the opportunity to bring state tort claims against medical device manufacturers that make FDA-approved devices diminished significantly due to a preemption clause in the Medical Device Amendments to the FDCA. This ruling answered questions presented by a 1996 decision in which the Supreme Court faced, but choose to disallow preemption of, similar claims against a device that had been grandfathered into the market under a provision of the Amendments. After the most recent ruling, courts around the country have seen a flood of court filings from device manufacturers seeking dismissals of state personal injury suits against their products. The decision additionally spurred threats from Congress to introduce legislation to overturn the decision – which it has since done with the presentation of the Medical Device Safety Act of 2008. The Supreme Court heard arguments this fall in Wyeth v. Levine, a case involving federal preemption of state tort claims against drug manufacturers and their FDA-approved labeling. Because the FDCA's drug provisions do not explicitly preempt state law claims, but do require FDA pre-market approval of all new drugs, one must wonder if the Court will continue on this path of state tort law constriction. Symposium Sponsored by: Schedule 8:00-8:30 Registration 8:30-8:50 Introduction Dean Don -
Understanding Corporate Governance Laws & Regulations
I N S I D E T H E M I N D S Understanding Corporate Governance Laws & Regulations Leading Lawyers on Corporate Compliance, Advising Boards of Directors, and Sarbanes-Oxley Requirements BOOK IDEA SUBMISSIONS If you are a C-Level executive or senior lawyer interested in submitting a book idea or manuscript to the Aspatore editorial board, please email [email protected]. Aspatore is especially looking for highly specific book ideas that would have a direct financial impact on behalf of a reader. Completed books can range from 20 to 2,000 pages – the topic and “need to read” aspect of the material are most important, not the length. Include your book idea, biography, and any additional pertinent information. ARTICLE SUBMISSIONS If you are a C-Level executive or senior lawyer interested in submitting an article idea (or content from an article previously written but never formally published), please email [email protected]. Aspatore is especially looking for highly specific articles that would be part of our Executive Reports series. Completed reports can range from 2 to 20 pages and are distributed as coil-bound reports to bookstores nationwide. Include your article idea, biography, and any additional information. GIVE A VIDEO LEADERSHIP SEMINAR If you are interested in giving a Video Leadership SeminarTM, please email the ReedLogic Speaker Board at [email protected] (a partner of Aspatore Books). If selected, ReedLogic would work with you to identify the topic, create interview questions and coordinate the filming of the interview. ReedLogic studios then professionally produce the video and turn it into a Video Leadership SeminarTM on your area of expertise. -
The Fundamental Articles of I.AM Cyborg Law
Beijing Law Review, 2020, 11, 911-946 https://www.scirp.org/journal/blr ISSN Online: 2159-4635 ISSN Print: 2159-4627 The Fundamental Articles of I.AM Cyborg Law Stephen Castell CASTELL Consulting, Witham, UK How to cite this paper: Castell, S. (2020). Abstract The Fundamental Articles of I.AM Cyborg Law. Beijing Law Review, 11, 911-946. Author Isaac Asimov first fictionally proposed the “Three Laws of Robotics” https://doi.org/10.4236/blr.2020.114055 in 1942. The word “cyborg” appeared in 1960, describing imagined beings with both artificial and biological parts. My own 1973 neologisms, “neural Received: November 2, 2020 plug compatibility”, and “softwiring” predicted the computer software-driven Accepted: December 15, 2020 Published: December 18, 2020 future evolution of man-machine neural interconnection and synthesis. To- day, Human-AI Brain Interface cyborg experiments and “brain-hacking” de- Copyright © 2020 by author(s) and vices are being trialed. The growth also of Artificial Intelligence (AI)-driven Scientific Research Publishing Inc. Data Analytics software and increasing instances of “Government by Algo- This work is licensed under the Creative Commons Attribution International rithm” have revealed these advances as being largely unregulated, with insuf- License (CC BY 4.0). ficient legal frameworks. In a recent article, I noted that, with automation of http://creativecommons.org/licenses/by/4.0/ legal processes and judicial decision-making being increasingly discussed, Open Access RoboJudge has all but already arrived; and I discerned also the cautionary Castell’s Second Dictum: “You cannot construct an algorithm that will relia- bly decide whether or not any algorithm is ethical”. -
What Is Good Governance?
United Nations Economic and Social Commission for Asia and the Pacific What is Good Governance? Introduction institutes, religious leaders, finance institutions political parties, the military etc. The situation in urban areas is much more Recently the terms "governance" and "good complex. Figure 1 provides the governance" are being increasingly used in interconnections between actors involved in development literature. Bad governance is urban governance. At the national level, in being increasingly regarded as one of the addition to the above actors, media, root causes of all evil within our societies. lobbyists, international donors, multi-national Major donors and international financial corporations, etc. may play a role in decision- institutions are increasingly basing their aid making or in influencing the decision-making and loans on the condition that reforms that process. ensure "good governance" are undertaken. All actors other than government and the This article tries to explain, as simply as military are grouped together as part of the possible, what "governance" and "good "civil society." In some countries in addition to governance" means. the civil society, organized crime syndicates also influence decision-making, particularly in Governance urban areas and at the national level. Similarly formal government structures are The concept of "governance" is not new. It is one means by which decisions are arrived at as old as human civilization. Simply put and implemented. At the national level, "governance" means: the process of informal decision-making structures, such as decision-making and the process by "kitchen cabinets" or informal advisors may which decisions are implemented (or not exist. In urban areas, organized crime implemented). -
A Philosophy of Technology for Computational Law
© Mireille Hildebrandt, draft chapter for OUP’s The Philosophical Foundations of Information Technology Law, eds. David Mangan, Catherine Easton, Daithí Mac Síthigh A philosophy of technology for computational law Abstract: This chapter confronts the foundational challenges posed to legal theory and legal philosophy by the surge of computational law. Two types of computational law are at stake. On the one hand we have artificial intelligence in the legal realm that will be addressed as data-driven law, and on the other hand we have the coding of self-executing contracts and regulation in the blockchain, as well as other types of automated decision making (ADM), addressed as code-driven law. Data-driven law raises problems due to its autonomic operations and the ensuing opacity of its reasoning. Code-driven law presents us with a conflation of regulation, execution and adjudication. Though such implications are very different, both types of computational law share assumptions based on the calculability and computability of legal practice and legal research. Facing the assumptions and implications of data- and code-driven law the chapter will first investigate the affordances of current, text-driven law, and relate some of the core tenets of the Rule of Law to those affordances. This will lead to an enquiry into what computational law affords in terms of legal protection, assuming that one of the core functions of the law and the Rule of Law is to protect what is not computable. Keywords: positive law, rule of law, legal certainty, justice, -
Self-Organization and Self-Governance Is Not One That Appears If We Look at the Level of Individual Components of a System
Philosophy of the Social Sciences XX(X) 1 –25 Self-Organization and © The Author(s) 2010 Reprints and permission: http://www. Self-Governance sagepub.com/journalsPermissions.nav DOI: 10.1177/0048393110363435 http://pos.sagepub.com J. T. Ismael1,2 Abstract The intuitive difference between a system that choreographs the motion of its parts in the service of goals of its own formulation and a system composed of a collection of parts doing their own thing without coordination has been shaken by now familiar examples of self-organization. There is a broad and growing presumption in parts of philosophy and across the sciences that the appearance of centralized information-processing and control in the service of system- wide goals is mere appearance, i.e., an explanatory heuristic we have evolved to predict behavior, but one that will eventually get swept away in the advancing tide of self-organization. I argue that there is a distinction of central importance here, and that no adequate science of complex systems can dispense with it. Keywords self-organization, self-governance, selves, dynamics, intentional systems theory, Dennett The Advancing Tide of Self-organization When we see behavior that looks coordinated and directed at an end, we tend to assume that there is a guide, that is, a central intelligence collecting infor- mation, formulating goals, and choreographing the movements of its parts. So, for example, armies are led by central command, cars are guided by drivers, countries are run by governments. But the intuitive difference between a system that choreographs the motion of its parts in the service of goals of its own Received 4 March 2009 1University of Sydney, Centre for Time, Sydney, Australia 2University of Arizona, Tucson, USA Corresponding Author: J. -
Legal Technology & Informatics: Syllabus
Legal Technology & Informatics: Syllabus Think Outside The Bar Notre Dame Law School Spring Semester, 2015 Ron Dolin, JD, PhD, CoInstructor Jason Boehmig, JD, CoInstructor Synopsis: Legal technology is rapidly transforming both the practice and nature of law. This class seeks to explore both the current trends and the future possibilities of this transformation, as we begin to train the future generation of technology savvy lawyers, and technologists who understand the intricacies and potential of what the law could be. Legal informatics could be defined as a computational perspective of law: where does legal information reside, and how is it manipulated and transmitted? Note that there are no prerequisites for this class beyond an interest in the subject. There are numerous examples of technologically driven legal transformation. Case law search has moved from hard copy to closed digital systems such as Westlaw and LexisNexis, and into free cloudbased systems such as Google Scholar and Ravel Law. More and more statutes are available online. Changes can be seen in ediscovery, privacy, the delivery of (online) legal services, and the budding legal technology startup community. As a result, questions arise as to the proper statutory and ethical framework for the legal profession and the boundaries between humans and machines in implementing legal functions. Beyond the current and nearterm technologies, however, are core academic and philosophical questions that will have increasing import as machines gain in sophistication and capability. -
Dan Katz on Legal Informatics, Corporate Law Firm Ownership and 21St Century Legal Education September 20, 2011 Dan Katz
Dan Katz on Legal Informatics, Corporate Law Firm Ownership and 21st Century Legal Education September 20, 2011 Dan Katz A recent article argues “65 percent of today’s elementary aged kids may end up doing work that hasn’t even yet been invented.” This is a thought provoking number and it points to the disruptive nature of innovation and its impact on a variety of labor markets. There is a portion of the downturn in legal hiring that is associated with the business cycle. When economic conditions improve – there should be a rebound. However, starting even before the recession, it is reasonably clear that a serious structural change was underway. Expect this broader trend to continue. As Bruce H. Kobayashi & Larry E. Ribstein have argued, we are at the very beginning of Law’s Information Revolution. Whether we like it or not, informatics, computing and technology are going to change both what it means to practice law and to “think like a lawyer.” Yesterday’s Fast is Today’s Slow: For better or for worse, when it comes to building software, there is nothing deeply exceptional about a subset of tasks undertaken by lawyers. In this vein, law is like other industries. The bundle of skills associated with the practice of law falls on a continuum – where a number of basic tasks have already been displaced by computation / automation / “soft” artificial intelligence. Faced with cost pressures, legal information technology is being leveraged to either automate or semi-automate tasks previously performed by teams of lawyers. Namely, a series of first generation innovations such as e-discovery and automated document generation have already imposed significant consequences on the legal services market. -
Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016
Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 1 UNITED STATES COPYRIGHT OFFICE SECTION 512 STUDY + + + + + 9:00 a.m. + + + + + Tuesday, May 3, 2016 Thurgood Marshall United States Courthouse 40 Centre Street New York, New York U.S. COPYRIGHT OFFICE: CINDY ABRAMSON JACQUELINE C. CHARLESWORTH KARYN TEMPLE CLAGGETT RACHEL FERTIG BRAD GREENBERG KIMBERLEY ISBELL (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 2 1 P A R T I C I P A N T S: 2 ALLAN ADLER, Association of American Publishers 3 SANDRA AISTARS, Arts & Entertainment Advocacy Clinic 4 at George Mason University School of 5 JONATHAN BAND, Library Copyright Alliance and Amazon 6 MATTHEW BARBLAN, Center for the Protection of 7 Intellectual Property 8 GREGORY BARNES, Digital Media Association 9 JUNE BESEK, Kernochan Center for Law, Media and the 10 Arts 11 ANDREW BRIDGES, Fenwick & West LLP 12 WILLIAM BUCKLEY, FarePlay, Inc. 13 STEPHEN CARLISLE, Nova Southeastern University 14 SOFIA CASTILLO, Association of American Publishers 15 ALISA COLEMAN, ABKCO Music & Records 16 ANDREW DEUTSCH, DLA Piper 17 TROY DOW, Disney 18 TODD DUPLER, The Recording Academy 19 SARAH FEINGOLD, Etsy, Inc. 20 KATHY GARMEZY, Directors Guild of America 21 JOHN GARRY, Pearson Education 22 MELVIN GIBBS, Content Creators Coalition 23 DAVID GREEN, NBC Universal 24 TERRY HART, Copyright Alliance 25 MICHAEL HOUSLEY, Viacom (866) 448 - DEPO www.CapitalReportingCompany.com © 2016 Capital Reporting Company U.S. Copyright Office Section 512 Public Roundtable 05-03-2016 3 1 P A R T I C I P A N T S 2 SARAH HOWES, Copyright Alliance 3 WAYNE JOSEL, American Society of Composers, Authors 4 and Publishers 5 BRUCE JOSEPH, Wiley Rein LLP (for Verizon) 6 DAVID KAPLAN, Warner Bros.