568 research outputs found

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    pages 24-4

    2024-04-17 SEEKING VISIONS FOR A BETTER WORLD: In Need Of Art

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    The Next Required Law School Course: History of America’s Foundings

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    The Next Required Law School Course: History of America’s Foundings

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    The Marketplace of Ideas Mandate: What the Postal Power Requires from Congress in the Age of AI

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    Given the impending glut of AI-altered content that threatens to distort the flow of information on social media platforms, this Article comes at an inflection point. Absent the widespread adoption of a historically-accurate understanding of the obligation of the federal government to facilitate the spread of news and views on current affairs, the public may soon lose its ability to speak, listen, and learn to the extent required by a functioning deliberative democracy. This is not hyperbole. By 2026, experts forecast that “synthetic” information may account for ninety-percent of online content. The anticipated deluge of AI-altered content will hinder the ability of speakers to reach their intended audiences as well as audience members to locate speakers. Yet, arbitrary and ahistorical tests developed by courts decades after the founding of the country limit and, arguably, foreclose government efforts to prevent a market failure in the marketplace of ideas. This Article urges a review of the government’s responsibility to maintain a national information exchange. In particular, akin to founding-era congresses expanding the postal network and significantly lowering the postage rate of newspapers, the current Congress should subsidize the creation of “Reality Exchanges” on major social media platforms. These exchanges would only host content unaltered by AI that is also posted by verified individuals or institutions. Such exchanges would align with the historical role of the government in creating and maintaining marketplaces of ideas and avoid some of the major barriers set forth by current First Amendment doctrine

    Closing a Commons: How a Novel Property Regime Can Promote Peace and Efficient Extraction of Deep Sea Resources in the South China Sea

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    Disputes over maritime boundaries result in inefficient outcomes for all parties to the conflict. The investments required to exploit deep-sea resources are too costly for risk-averse states to attempt to tap into mineral and hydrocarbon deposits beneath disputed boundaries. Consequently, more risk-tolerant states may exploit deep-sea resources without other parties receiving any form of compensation. Alternatively, in some cases no parties will opt to invest in or sponsor such operations because of the uncertainty and risk, depriving surrounding states of the economic benefits tied to those deep-sea resources. This paper relies on principles underlying Coasian bargaining to develop a template for the immediate resolution of maritime disputes to allow for the efficient exploitation of deep-sea resources. It fills a gap in the literature on these disputes by calling for a framework other than the application of the provisions of the United Nations Convention on the Law of the Sea. Though other authors have applied property-based thinking to topics related to the Law of the Sea, those inquiries have not directly addressed how that thinking could resolve specific disputes over deep-sea resources, such as in the South China Sea

    Age Before Fundamental Right? Resolving the Contradiction Presented by an Age Restriction on Running for Executive Offices in Montana\u27s Constitution

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    The Montana Constitution guarantees that “[t]he rights of persons under 18 years of age shall include, but not be limited to, all the fundamental rights of this Article unless specifically precluded by laws which enhance the protection of such persons.” Adults receive similarly strong protections. According to Article II, Section 15, of the Montana Constitution, “[a] person 18 years of age or older is an adult for all purposes,” except for legislated limits on the legal age to purchase alcohol. It follows that all Montanans have a constitutional claim to the fundamental right that [a]ll elections shall be free and open, and no power . . . shall at any time interfere to prevent the free exercise of the right of suffrage. Yet, that same Constitution denies all Montanans under the age of 25 the full exercise of that fundamental right because the Constitution bars them from legally voting for themselves as candidates for various state offices. No person under the age of 25 at the time of their election may run for “the office of the governor, lieutenant governor, secretary of state, attorney general, superintendent of public instruction, or auditor. This article argues that this contradiction cannot stand. The Montana Constitution cannot at once guarantee fundamental rights to all Montanans while also causing a significant percentage of the population an irreparable injury when it comes to exercising that right. It is far from unpredictable that a Montanan under the age of 25 will run for governor or one of the other executive offices with an age requirement. Given the likelihood of such a challenge, this article aims to provide the Montana Supreme Court with a rationale for eliminating the age requirement

    Policy Proposals for the United States to Protect the Undersea Cable System

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    The protection of the undersea cable system, which carries the vast majority of the world’s Internet traffic, requires a new policy approach from the United States government. Old vulnerabilities and new threats have placed this critical piece of international infrastructure under increased threat of disruption and sabotage. Old vulnerabilities include the inherent difficulties associated with defending cables that lay along the open seafloor across international waters and the fragility of the cables themselves--often no larger than a garden hose. New threats come from climate change and changes in geopolitics. For example, Russia, among other nations, has made investments in offensive military equipment tailored to breaking undersea cables. Though disruptions to Internet traffic through the undersea cable system can be diverted to satellites, that alternative comes with significant financial and temporal costs. Therefore, proactive policies to prevent cable breaks should receive substantial attention from political leaders. The weeks and millions of dollars required to repair broken cables further justify the prioritization of proactive policies to reduce the frequency of breaks. This article explores why current international and domestic laws and policies meant to protect undersea cables fall short of what is needed to ensure the longevity and security of the undersea cable system. After an analysis of these various laws and policies, the article offers a series of steps the Biden Administration can take to improve the resilience of the undersea cable system, at least the parts of it connected to the United States. These steps make theoretical sense and have received support from policy leaders on this topic--actually taking the steps, though, will require significant political capital. The majority of the undersea cable system is owned and operated by private stakeholders. The protection of the system necessitates extensive collaboration between private and public stakeholders. Because collaboration takes time and trust, this article comes at a critical moment -- it can help direct political energy toward this time-sensitive endeavor
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