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Constitutional torts allow victims of governmental misconduct to seek redress. But the doctrinal regime is in disarray because it vacillates between two conceptions of constitutional rights: rights that “nullify” changes to subconstitutional law and rights that impose “duties” on officers.
Litigating Data Sovereignty - Yale Law Journal
Internet disputes increasingly occur across borders. The key question, this Article contends, is not whether states can exert control over data, but rather the shape their exercises of sovereign power will take. Given this reality, application of sovereign-deference doctrines represents the best hope for the future of global internet governance.
The Yale Law Journal - Forum: ARTificial: Why Copyright Is Not the ...
Apr 22, 2024 · DALL·E 2 uses a model called Contrastive Language-Image Pre-training (CLIP) to learn to recognize the intersections between word-images pairs. 37 CLIP consists of two networks, a text encoder and an image encoder. 38 Think of this process as creating the “coordinates” of the semantic representations of cat, window, and birds (and those other things that are not a cat, a window, or a bird).
Volume 134 Masthead - Yale Law Journal
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The Overreach of Limits on “Legal Advice” - Yale Law Journal
Jan 3, 2022 · Nonlawyers, including court personnel, are typically prohibited from providing legal advice. But definitions of “legal advice” are unnecessarily broad, creating confusion, disadvantaging self-represented litigants, and possibly raising due-process concerns. This Essay argues for a narrower, more explicit definition of legal advice that advances, rather than undercuts, access to justice.
Corporate Governance Reform and the Sustainability Imperative
abstract. Recent years have witnessed a significant upsurge of interest in alternatives to shareholder-centric corporate governance, driven by a growing sustainability imperative—widespread recognition that business as usual, despite the short-term returns generated, could undermine social and economic stability and even threaten our long-term survival if we fail to grapple with associated ...
The Two Western Cultures of Privacy: Dignity Versus Liberty
The Two Western Cultures of Privacy: Dignity Versus Liberty. James Q. Whitman. Privacy • Comparative Law
1236.1372.HATHAWAY.DOC 5/22/2008 5:26:02 PM the yale law journal 117:1236 2008 1238 introduction In the fall of 2007, Senate hearings finally commenced on the United Nations Convention on the Law of the Sea, a treaty that has been languishing
Yale Law Journal - Banking and Antitrust
Introduction. Antitrust is once again a hot area in U.S. law and politics. 1 The rise of Amazon, Facebook, Google, and other giants forced it out of stuffy courtrooms and academic halls and into the public square. 2 Technology platforms’ aggressive growth and seemingly unlimited ability to control our social and economic lives ignited a movement to …
The Yale Law Journal - Bankruptcy
A recent essay in this Journal critiques bankruptcy for limiting the litigation system’s ability to promote noneconomic public-policy goals. This Response argues that bankruptcy can and does further these public values, and that it is reasonably easy to tweak bankruptcy law to accommodate these goal…