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COVID-19 has revealed a flaw in public health systems. Here’s how to fix it.

To be capable of surveilling, preventing, and managing disease outbreaks, public health systems require trustworthy, community-embedded public health workers who are empowered to undertake their tasks as professionals. The world has not invested in this cadre of health workers, despite the lessons from Ebola. In a new paper, my co-authors and I discuss why, and…

       




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5 questions policymakers should ask about facial recognition, law enforcement, and algorithmic bias

In the futuristic 2002 film “Minority Report,” law enforcement uses a predictive technology that includes artificial intelligence (AI) for risk assessments to arrest possible murderers before they commit crimes. However, a police officer is now one of the accused future murderers and is on the run from the Department of Justice to prove that the…

       




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How COVID-19 is changing law enforcement practices by police and by criminal groups

The COVID-19 outbreak worldwide is affecting not just crime as I explained last week, but also law enforcement: How are police responding to COVID-19 and its knock-on effects on crime? What effects does the pandemic have on criminal groups and the policing they do? Where have all the coppers gone? Globally, police forces are predominantly…

       




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Law and the Long War: The Future of Justice in the Age of Terror

More than six years after the September 11 attacks, America is losing a crucial front in the ongoing war on terror—not to al Qaeda but to its own failure to construct a set of laws that will protect the American people and govern the American side of a conflict unlike any it has faced in…

       




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Looking Forward, Not Backward: Refining American Interrogation Law

The following is part of the Series on Counterterrorism and American Statutory Law, a joint project of the Brookings Institution, the Georgetown University Law Center, and the Hoover Institution Introduction The worldwide scandal spurred by the abuse of prisoners in Abu Ghraib, Guantánamo, Afghanistan and secret CIA prisons during the Bush Administration has been a…

       




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Lessons of history, law, and public opinion for AI development

Artificial intelligence is not the first technology to concern consumers. Over time, many innovations have frightened users and led to calls for major regulation or restrictions. Inventions such as the telegraph, television, and robots have generated everything from skepticism to outright fear. As AI technology advances, how should we evaluate AI? What measures should be…

       




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Products liability law as a way to address AI harms

Artificial intelligence (AI) is a transformative technology that will have a profound impact on manufacturing, robotics, transportation, agriculture, modeling and forecasting, education, cybersecurity, and many other applications. The positive benefits of AI are enormous. For example, AI-based systems can lead to improved safety by reducing the risks of injuries arising from human error. AI-based systems…

       




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How well-intentioned privacy laws can contribute to wrongful convictions

In 2019, an innocent man was jailed in New York City after the complaining witness showed police screenshots of harassing text messages and recordings of threatening voicemails that the man allegedly sent in violation of a protective order. The man’s Legal Aid Society defense attorney subpoenaed records from SpoofCard, a company that lets people send…

       




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The U.S. May Need More Lawyers!

Tens of billions of consumer dollars are lost to the legal profession due to industry standards and regulations that have created a lawyer monopoly, write Clifford Winston and Robert Crandall. Winston and Crandall propose opening up the legal field and utilizing innovative IT and online services to alleviate demand for routine law work.

      
 
 




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First Thing We Do, Let’s Deregulate All the Lawyers

Not many Americans think of the legal profession as a monopoly, but it is. Abraham Lincoln, who practiced law for nearly twenty-five years, would likely not have been allowed to practice today. Without a law degree from an American Bar Association–sanctioned institution, a would-be lawyer is allowed to practice law in only a few states. […]

      
 
 




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Time to Deregulate the Practice of Law

Clifford Winston and Robert Crandall argue that occupational licensing for lawyers creates a monopoly in the legal field. They write that deregulating the industry would give consumers more responsive service while lowering costs.

      
 
 




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The Law Firm Business Model Is Dying

Clifford Winston and Robert Crandall say that the bankruptcies of major, long-standing law firms signal a change in how businesses and the public are choosing to find legal services. Winston and Crandall argue that deregulation would revitalize the industry, bringing new ideas, technologies, talents and operating procedures into the practice of law.

      
 
 




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To Reduce Lawyers’ Drag on Growth, How about a Law PhD?

Cliff Winston and Robert Crandall explain why, despite major declines in law school applications, new legal PhD programs can reduce the drag on economic growth that the legal industry may contribute to. Winston and Crandall argue that new doctorates in law may develop new findings that fill gaps in our understanding of the implementation of public policies, creating opportunities for streamlining and reform.

      
 
 




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The rule of law is under duress everywhere

Anyone paying attention to major events of the day in the United States and around the world would know that the basic social fabric is fraying from a toxic mix of ills — inequality, dislocation, polarization, environmental distress, scarce resources, and more. Signs abound that after decades of uneven but steady human progress, we are…

       




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How laws get made in China

       




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The limits of refugee law

      
 
 




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Targeted Killing in U.S. Counterterrorism Strategy and Law

The following is part of the Series on Counterterrorism and American Statutory Law, a joint project of the Brookings Institution, the Georgetown University Law Center, and the Hoover Institution Introduction It is a slight exaggeration to say that Barack Obama is the first president in American history to have run in part on a political…

       




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The District’s proposed law shows the wrong way to provide paid leave


The issue of paid leave is heating up in 2016. At least two presidential candidates — Democrat Hillary Clinton and Republican Sen. Marco Rubio (Fla.) — have proposed new federal policies. Several states and large cities have begun providing paid leave to workers when they are ill or have to care for a newborn child or other family member.

This forward movement on paid-leave policy makes sense. The United States is the only advanced country without a paid-leave policy. While some private and public employers already provide paid leave to their workers, the workers least likely to get paid leave are low-wage and low-income workers who need it most. They also cannot afford to take unpaid leave, which the federal government mandates for larger companies.

Paid leave is good for the health and development of children; it supports work, enabling employees to remain attached to the labor force when they must take leave; and it can lower costly worker turnover for employers. Given the economic and social benefits it provides and given that the private market will not generate as much as needed, public policies should ensure that such leave is available to all.

But it is important to do so efficiently, so as not to burden employers with high costs that could lead them to substantially lower wages or create fewer jobs.

States and cities that require employers to provide paid sick days mandate just a small number, usually three to seven days. Family or temporary disability leaves that must be longer are usually financed through small increases in payroll taxes paid by workers and employers, rather than by employer mandates or general revenue.

Policy choices could limit costs while expanding benefits. For instance, states should limit eligibility to workers with experience, such as a year, and it might make sense to increase the benefit with years of accrued service to encourage labor force attachment. Some states provide four to six weeks of family leave, though somewhat larger amounts of time may be warranted, especially for the care of newborns, where three months seems reasonable.

Paid leave need not mean full replacement of existing wages. Replacing two-thirds of weekly earnings up to a set limit is reasonable. The caps and partial wage replacement give workers some incentive to limit their use of paid leave without imposing large financial burdens on those who need it most.

While many states and localities have made sensible choices in these areas, some have not. For instance, the D.C. Council has proposed paid-leave legislation for all but federal workers that violates virtually all of these rules. It would require up to 16 weeks of temporary disability leave and up to 16 weeks of paid family leave; almost all workers would be eligible for coverage, without major experience requirements; and the proposed law would require 100 percent replacement of wages up to $1,000 per week, and 50 percent coverage up to $3,000. It would be financed through a progressive payroll tax on employers only, which would increase to 1 percent for higher-paid employees.

Our analysis suggests that this level of leave would be badly underfunded by the proposed tax, perhaps by as much as two-thirds. Economists believe that payroll taxes on employers are mostly paid through lower worker wages, so the higher taxes needed to fully fund such generous leave would burden workers. The costly policy might cause employers to discriminate against women.

The disruptions and burdens of such lengthy leaves could cause employers to hire fewer workers or shift operations elsewhere over time. This is particularly true here, considering that the D.C. Council already has imposed costly burdens on employers, such as high minimum wages (rising to $11.50 per hour this year), paid sick leave (although smaller amounts than now proposed) and restrictions on screening candidates. The minimum wage in Arlington is $7.25 with no other mandates. Employers will be tempted to move operations across the river or to replace workers with technology wherever possible.

Cities, states and the federal government should provide paid sick and family leave for all workers. But it can and should be done in a fiscally responsible manner that does not place undue burdens on the workers themselves or on their employers.


Editor's note: this piece originally appeared in The Washington Post

Publication: The Washington Post
Image Source: © Charles Platiau / Reuters
     
 
 




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Constitution 3.0: Freedom, Technological Change and the Law


Event Information

December 13, 2011
10:00 AM - 11:30 AM EST

Saul/Zilkha Rooms
The Brookings Institution
1775 Massachusetts Avenue, NW
Washington, DC 20036

Register for the Event

Technology unimaginable at the time of the nation’s founding now poses stark challenges to America’s core constitutional principles. Policymakers and legal scholars are closely examining how constitutional law is tested by technological change and how to preserve constitutional principles without hindering progress. In Constitution 3.0: Freedom and Technological Change (Brookings Institution Press, 2011), Governance Studies Senior Fellow Benjamin Wittes and Nonresident Senior Fellow Jeffrey Rosen asked a diverse group of leading scholars to imagine how technological developments plausible by the year 2025 could stress current constitutional law. The resulting essays explore scenarios involving information technology, genetic engineering, security, privacy and beyond.

On December 13, the Governance Studies program at Brookings hosted a Judicial Issues Forum examining the scenarios posed in Constitution 3.0 and the challenge of adapting our constitutional values to the technology of the near future. Wittes and Rosen offered key highlights and insights from the book and was joined by two key contributors, O. Carter Snead and Timothy Wu, who discussed their essays.

After the program, panelists took audience questions.

Video

Audio

Transcript

Event Materials

      
 
 




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Are environmental laws to blame for California's wildfires?

A certain Commander in Chief says that wildfires are being made 'so much worse by the bad environmental laws.' Here's what's really happening.




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Elderly Man Killed By Neighbor for Watering Lawn in Australia

According to CNN, a 66 year-old man was beaten to death on his front lawn by his 36 year-old neighbor for watering it yesterday in Sydney, Australia. Apparently, the pair started arguing over his water usage, and the victim sprayed his neighbor with




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Ocean Geoengineering Experiment Likely Broke International Law

It may have also been done under falsely obtained consent...




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Ocean Geoengineering Experiment May Not Have Broken Laws After All

Because the iron dumped in the ocean off British Columbia wasn't dumped as waste, it didn't violate international law.




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Corporations Wrote a Law Requiring Climate Denial be Taught in School. Tennessee Just Passed It.

Would you let corporations decide how climate science gets taught in your kids' classroom? That's what's happening in Tennessee.




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Tennessee Passes Law Allowing Creationism, Climate Denial to be Taught in Classroom

Woops.




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Outlaw Chicken Keepers Keep the Faith in Nashville

Backyard chickens may be trendy, but in some cities they are still illegal. But that doesn't stop some would-be chicken keepers.




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World First: Environmental Law Appeal To Be Argued Over Twitter

A "moot court" will be held over Twitter for the first time ever, and students from 5 major Canadian law schools will argue an environmental law.




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Maine passes second GMO label law in the U.S.

The road to mandatory labels is still long, with a 5-state trigger before the requirement goes into effect.




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GMO labeling law defeated in Washington State

After a week of recounts, the proposed law to label genetically modified foods loses by 4 percent of votes.




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Vermont’s mandatory GMO labeling law only awaits governor’s signature

A bill requiring all foods containing genetically engineered ingredients is just one step away from becoming law in Vermont.




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General Mills agrees to drop “100% natural” labeling in face of lawsuit

In a lawsuit settlement today, General Mills agreed to remove the “100% Natural” from more than 20 of its products.




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Florida study finds that drivers flout the law more than cyclists

But cyclists all run stop signs and red lights! Don't they?




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Lawsuit Pressures Coal Plant to Stop Killing Millions of Fish in Lake Erie

Remember the story of Ohio's Bay Shore coal-fired power plant, the one that (perfectly legally) kills at least 46 million fish a year? Well that's still happening, but not without some legal challenges. A coalition of




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Philadelphia's solar-powered trash cans: Great green idea or flawed design?

Are solar-powered trash cans a fuel-saving, money-saving way to keep the streets clean? Or are they worse than regular trash cans?




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New York State lawmakers want to ban walking with portable electronic devices

There are all kinds of distracted and compromised people in our roads. Some of them cannot help it. So why are phones a problem?




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New York e-bike law bans carrying kids

This is, in fact, one of the things that e-bikes are really good at. Another dumb move.




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Let's Do The Time Warp Again: Monbiot and May vs Lomberg and Lawson

It is the battle of the M&Ms; vs the L&Ls; the Munk debate in Toronto about the statement "Climate change is mankind's defining crisis, and demands a commensurate international response" with Bjorn Lomberg and Nigel Lawson duking it out




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Spanish lawmakers aim for 90% carbon cuts by 2050

By 2030, 70% of the country's electricity could come from renewables.




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Fiji Water Faces Class Action Lawsuit for Greenwashing

Fiji, probably the least favorite in an already disliked industry, is the target of a class action lawsuit alleging the company has profited from greenwashing. Specifically, from greenwashing claims that its products are




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Pedestrians will have to be "lawful and considerate" in a world of self-driving cars

It may be decades before AVs are good enough, so in the meantime everyone will have to keep out of their way.




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Use this instead of grass for your lawn

Lawns use up way too much water.




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Michigan lawmaker wants to call burning tires “renewable energy”

Proposed bill would make burning tires and other industrial solid waste count towards the state’s mandate of generating 10 percent of its energy from renewables.




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"Go Dry" Movement Spreads, As Californians Rip Up Their Grass Lawns

Cut the grass will you?...Are you done edging?....Time to water the




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Is Brown the New Green? Not Watering Lawns Works

It's catching on: homeowners letting lawns go fallow during the summer without wasting resources on watering. When I lived in Seattle it was a common practice. After the grass turns brown, come fall,




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6 grasses for low-maintenance drought-resistant lawns

For all those of you who insist on green lawns, for your kids to play on or your dogs to roll in, you still don't have to lay down a carpet of thirsty bluegrass, which 95% of American lawns




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Cornell Installs Indoor Lawn to Soothe Students During Finals (Video)

The university brings the outdoors in to help students relax and focus on studying.




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This robotic lawnmower fuels itself with the grass it cuts, then harvests excess biomass for later use

Could this be the lawnmower we've all been waiting for?




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How to cure lawn lust in 6 minutes (video)

Addicted to a lush green yard? It’s time to change the paradigm and kick the grass to the curb.




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Montreal considering separate traffic laws for cyclists

The age of vehicular cycling is coming to an end; cyclists want equity, not equality




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Lyft backs lawsuit against EPA fuel economy roll back

Big Auto is increasingly coming up against Big Tech.