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f9ff25669c31a0f00fbf52308d5f890e90b0cb135b702bb21d1ba81886448f10 | Everything that can be tertiarized has been. It can’t sustain continued growth. | null | Parrique et al. 19, Timothée Parrique, Centre for Studies and Research in International Development (CERDI), University of Clermont Auvergne; Jonathan Barth, ZOE.Institute for Future-Fit Economies; François Briens, Independent, Informal Research Centre for Human Emancipation; Christian Kerschner, Department of Sustaina... | Tertiarisation only provides partial decoupling certain sectors cannot be dematerialised ag transport , and housing Cement is a example Although constructions can substitute other materials it is difficult to imagine how services could substitute food , shelter , or mobility leaving most pressures unsolved | Tertiarisation only provides a partial decoupling That is because certain sectors simply cannot be dematerialised . This is the case for ag riculture , transport , and housing construction, which, are often in the top sectors in terms of emissions and used materials Cement is a good example its production implies both... | partial cannot be dematerialised ag transport housing Cement other materials difficult to imagine how services could substitute elementary food shelter mobility leaving most of the environmental pressures unsolved | ['Not much tertiarisation left to do', 'Tertiarisation only provides a partial decoupling, and, importantly, one that has already occurred in most OECD countries. In these economies, the share of services in GDP is often already high, which is problematic because these are precisely those countries which have the highe... | [
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7374dc275424fbaa92e241c3a51715e6b8163f854d98f7c7939b0e1098d7c5a4 | It won’t happen without a mindset shift. | null | Umberto Mario Sconfienza 20, Goethe University Frankfurt, “Incomplete Ecological Futures,” World Futures, vol. 76, no. 1, Routledge, 01/02/2020, pp. 17–38 | policy reforms would not alter global warming The clout of market actors prevent effective policy Caps, taxes, and incentives none prevent actors polluting sponsoring skepticism and lobbying have prevented modest solutions It is difficult to change without refashioning our values | a-growth theory prescribes an ambitious package of policy reforms should be implemented to ensure strict environmental protection: ending subsidies to fossil fuels, scaling up renewables, taxing polluting substances and activities, and putting in place a widespread cap-and-trade mechanism. This set of policy proposals... | policy reforms social welfare primarily irrespective GDP growth not alter wider architecture even with likely to commit ourselves to some form of dangerous global warming in the future enormous political and economic clout of market actors vested interest in perpetuating the status quo most problematic aspect of this... | ['The a-growth theory put forward by van den Bergh prescribes that an ambitious package of policy reforms should be implemented to ensure strict environmental protection: ending subsidies to fossil fuels, scaling up renewables, taxing polluting substances and activities, and putting in place a widespread cap-and-trade ... | [
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e0b55534850678fdd710811c79cdbe17b808fb3234266b79449e7bd28f43ece3 | AND, empirical successes prove it’s possible---but it needs crisis to go mainstream. | null | Ted Trainer 19, Conjoint Lecturer in the School of Social Sciences, University of New South Wales, “Entering the era of limits and scarcity: the radical implications for social theory,” Journal of Political Ecology, vol. 26, no. 1, 1, University of Arizona Libraries, 01/03/2019, journals.librarypublishing.arizona.edu, ... | towns will be driven by necessity to their own farms , energy and factories, transferring power to the local level low resource costs are achievable because of informal spontaneous action , and elimination of transport dumping packaging the Catalan Coop Thousands in hundreds of coop s providing food , goods and welfar... | There will be insistence that frivolous industries be phased out so that scarce resources can be devoted to meeting fundamental regional needs . towns will be driven by necessity to bypass the center and set up their own farms , energy supplies and factories, transferring functions out of the control of the ce... | frivolous industries fundamental regional needs necessity bypass the center set farms energy supplies out of the control of the centre local In time power to the local level smooth and peaceful process low resource costs sustainability requires informal communication spontaneous action elimination of many processes t... | ['In time, this pressure is likely to shift from submitting requests to the state to making demands on it, and then to taking increasing control of it. There will be increasing insistence that frivolous industries must be phased out so that scarce resources can be devoted to meeting fundamental town and regional needs.... | [
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9112814cc1efe2e35e8714e25ffa3e30ef594f9ff298b1cadcfc9d0bc52cfe5a | It’s a distinction with a difference---‘rule of reason’ and ‘per se’ have precise meanings AND access literature with completely different base assumptions. | null | Donald L. Beschle 87, Associate Professor of Law, The John Marshall School of Law. B.A., 1973, Fordham University; J.D., 1976, New York University School of Law; LL.M., 1983, Temple University School of Law. March. CURRENT TOPIC IN ANTITRUST: "What, Never? Well, Hardly Ever": Strict Antitrust Scrutiny as an Alternative... | the permissive rule of reason not meriting prohibition deserves antitrust analysis per se carry precise meanings , but also general attitudes , per se does not carry the permissive connotations associated with rule of reason When conduct would traditionally be per se illegal courts apply scrutiny replacing prohibiti... | In response to recent attacks on per se rules, courts have clung to the term and to its absolutism by steadily narrowing the definitions of the types of behavior subject to those rules. the application of permissive rule of reason treatment to some behavior which, while not meriting absolute prohibition , clearly dese... | permissive not meriting prohibition analysis precise meanings general attitudes permissive connotations traditionally scrutiny replacing prohibitions not prohibitions presumptions | ['In response to recent attacks on per se rules, courts have clung to the term and to its absolutism by steadily narrowing the definitions of the types of behavior subject to those rules. The result has been not only much confusion, with words being used to designate things far narrower than their commonly understood m... | [
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9b622eeb2cad58c8929f3ad618d9fd5bc912e5bab509f14c902f96753d352d9d | It’s the core of the modern debate about antitrust AND there are plenty of AFF arguments. | null | Thomas A. Piraino Jr. 7, Vice President, General Counsel, and Secretary, Parker-Hannifin Corporation, Cleveland, Ohio. Distinguished Adjunct Lecturer, Case Western Reserve University School of Law. J.D., Cornell Law School, 1974, “Reconciling the Harvard and Chicago Schools: A New Antitrust Approach for the 21st Centur... | per se rule or rule of reason are so divergent that choice of one usually determined the case Because the dividing line is so critical , a debate raged for decades over the proper scope of each Harvard and Chicago on opposite sides rule of reason is now dominant However provides little guidance self-polici... | Section 1 of the Sherman Act prohibits any "conspiracy, in restraint of trade." For most of the twentieth century federal courts have assumed they must choose between two opposite methods of analyzing restraints of trade a " per se rule " or a " rule of reason " The approaches are so divergent that a court's choice o... | two opposite methods " per se rule " " rule of reason " so divergent choice one over another determined the outcome of a case dividing line so critical debate has raged for decades over the proper scope of each approach Harvard Chicago Schools opposite sides rule of reason dominant unable effective decision making all... | ['Section 1 of the Sherman Act prohibits any "conspiracy, in restraint of trade."36 For most of the twentieth century, the federal courts have assumed that they must choose between two opposite methods of analyzing restraints of trade under section 1: a "per se rule" that deems certain conduct illegal on its face; 37 o... | [
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7ff8b1989b63037ff73ce620034cc108e7b9d825eb15c1f215abe2b296657b24 | The top says ‘unfair business practices’ is a broad term---it’s obviously referring to the word ‘unfair,’ NOT to business practices. | null | Mathew Tobriner 72, J., Associate Justice of California Supreme Court, “Barquis v. Merchants Collection Assn.,” 7 Cal.3d 94 | In all "unfair" business practices , section 3369 establishes a wide standard to guide courts given the creative scheming mind a less inclusive standard would not be adequate | In permitting the restraining of all "unfair" business practices , section 3369 undeniably establishes only a wide standard to guide courts of equity given the creative scheming mind , the Legislature evidently concluded that a less inclusive standard would not be adequate | "unfair" business practices wide standard creative scheming mind less inclusive standard would not | ['In permitting the restraining of all "unfair" business practices, section 3369 undeniably establishes only a wide standard to guide courts of equity; as noted above, given the creative nature of the scheming mind, the Legislature evidently concluded that a less inclusive standard would not be adequate. In the instant... | [
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c5738c48443be2335a17d503627ec98f1c9d39ff84d6d47652115f569b317352 | The bottom says courts didn’t decide the standalone meaning of ‘business practice’ in this case, because the defendants didn’t contest it. | null | Mathew Tobriner 72, J., Associate Justice of California Supreme Court, “Barquis v. Merchants Collection Assn.,” 7 Cal.3d 94 | Defendant does not claim under the allegations of the complaint the conduct is not a “business practice.” | Defendant does not claim that under the allegations of the complaint the challenged conduct is not a “business practice.” | does not claim that under the allegations of the complaint the challenged conduct is not a “business practice.” | ["As discussed above, under the allegations of plaintiffs' first amended complaint, defendant's practice consists of repeated violations of specific statutory provisions of both the Code of Civil Procedure and the Civil Code; such a pattern of behavior clearly constitutes “unlawful” conduct, and if an enterprise pursue... | [
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4f793706471d08b97fd5490125356b4fd45e0f4b78aa359d3eb8dd33720c9808 | BUT---their card is interpreting the California Unfair Practices Act | null | James Hastings 75, Court of Appeals of California, Second Appellate District, Division Five, “Plotkin v. Tanner's Vacuums,” https://law.justia.com/cases/california/court-of-appeal/3d/53/454.html | action for "unfair competition" as defined in the California UPA set forth in section 17000 and 3369 | a cause of action for "unfair competition" as defined in the California Unfair Practices Act UPA set forth in section 17000 and Civil Code section 3369 | "unfair competition" California Unfair Practices Act section 17000 Civil Code section 3369 | ['[1] Appellants claim they have stated a cause of action for "unfair competition" as defined in the California Unfair Practices Act (UPA) set [53 Cal. App. 3d 457] forth in California Business and Professions Code section 17000 et seq. fn. 2 and California Civil Code section 3369. fn. 3 In general they argue that the ... | [
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78d0abb6723190cda865f92663ba0901fedca2e073bec2d3ab383811de8749f9 | The two are NOT the same. This argument only proves courts are moving away from per se rules---which is our whole argument about link uniqueness! | null | Geoffrey Manne 20, president and founder of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, “Error Costs in Digital Markets,” in the Global Antitrust Institute Report on the Digital Economy, 8/25/20, https://gaidigitalreport.com/2020/08/25/error-cost-an... | conduct is per se illegal when “the practice facially would almost always restrict competition the decision to assess conduct per se is the preliminary stage of rule of reason analysis: the characterization and classification The first step per se requires classification courts inquire the nature of the agreemen... | conduct is deemed per se illegal when “the practice facially appears to be one that would always or almost always restrict competition the decision to assess conduct under the per se rule is the preliminary stage of any rule of reason analysis: the characterization and classification of conduct Standard Oil‘s Rule of... | per se illegal practice facially always or almost always restrict competition decision per se is preliminary rule of reason characterization and classification of conduct Rule of Reason two-step analysis per se characterization classification nature agreement whether it is unlawful per se instead further scrutiny surv... | ['A. The Per Se/Rule of Reason Distinction', '“The Court uses per se rules when the costs of judicial inquiry necessary to separate the beneficial from the detrimental instances of a practice exceed the gain from saving the relatively rare beneficial instances.”[224] As the Court has elucidated, conduct is deemed per ... | [
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a98a76be42dbb52498dc8afc1b7c733fd6c9a31f72c5e4008e7b760f7e1cceb1 | They’re premier in the field | null | Jonathan B. Baker 19, Research Professor of Law, American University Washington College of Law, “Market Power in an Era of Antitrust,” The Antitrust Paradigm: Restoring a Competitive Economy, 2019, pp. 11–31 | the A B A Section of Antitrust Law — the premier gathering in the field | Annual attendance at the the A merican B ar A ssociation’s Section of Antitrust Law — the premier gathering in the field — now exceeds 3,000 | A B A Antitrust Law premier gathering in the field exceeds 3,000 | ['Antitrust norms, especially the objection to collusive conduct, are consistently endorsed and upheld by enforcers and courts, regardless of political affiliation.12 These norms have spread throughout the world, particularly since the 1990s, with the aid of a growing global antitrust community. Annual attendance at th... | [
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b1ddbe92ca4b0552c5a487f14025d9b2bc771c9982c3d544678d34946bf925e0 | It's exclusive AND based on the only work to have comprehensively assessed the ‘scope of antitrust laws.’ | null | Christopher L. Sagers 15, James A. Thomas Distinguished Professor of Law and Faculty Director of the Cleveland-Marshall Solo Practice Incubator at the Cleveland-Marshall College of Law, Cleveland State University, “Chapter 1: Introduction,” Handbook on the Scope of Antitrust, American Bar Association, Section of Antitr... | No prior work considered the entire law of the scope of antitrust as one body , in any comprehensive and integrated way. Integrated treatment poses benefits we see limits only where there is some other public accountable oversight we have regulation or antitrust | The Supreme Court’s many emphatic generalizations over several decades suggest that antitrust applies very broadly . “[ A]ntitrust,” the Court has said, “[is] a fundamental national economic policy When describing the scope of antitrust law in the abstract , therefore, courts commonly speak in very broad terms Congres... | generalizations antitrust very broadly national economic policy scope abstract commonly very broad terms broadly as it could difficult to conceive scope of antitrust simple broadly fact not simple at all scope antitrust governed by federal statutes and caselaw doctrines Numerous cases scope issues thousands opinions m... | ['The Supreme Court’s many emphatic generalizations over several decades suggest that antitrust applies very broadly. “[A]ntitrust,” the Court has said, “[is] a fundamental national economic policy.”1 It is no less than a “charter of freedom”2 and our very “Magna Carta of free enterprise.”3 When describing the scope of... | [
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396c28e9ecf957d2a165f1155fa10dce90df3657ddbe415459aa5b23ed506448 | Independently---a ‘substantial increase’ must be change in kind, not merely magnitude. | null | Jeffrey S. Ross 18, Judge, California Superior Court, San Francisco County, “People v. Lawson,” 2018 Cal. App. Unpub. LEXIS 8132, Lexis | requirements of substantial increase are determined by consideration of circumstances qualitative rather than quantitative | there must be substantial increase The requirements of substantial increase are determined by consideration of circumstances in a qualitative rather than quantitative evaluation | substantial increase substantial increase qualitative rather than quantitative evaluation | ['To prove the aggravated kidnapping allegation, there must be nonconsensual movement of the victim that is not merely incidental to the commission of the underlying crime, and the movement must substantially increase the risk of harm over and above that necessarily present in the underlying crime itself. (Martinez, su... | [
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046517827af90a64881388dd6fa9f62f3e52e984c1a617616fb54461a62d0f62 | The burden of proof should be heavily AFF | null | Sam C. Ehrlich 21, J.D./Ph.D., Assistant Professor of Legal Studies, Boise State University College of Business and Economics, “Remembering the Lessons of the Baseball Exemption in NCAA v. Alston,” 48 Rutgers L. Rec. 222, 2021, WestLaw | limited reading is consistent with disfavor of implicit exemptions repeatedly established a heavy presumption Immunity from antitrust is not lightly implied Rule of Reason analysis is still required even if that “can be applied in the twinkling of an eye | Supporting this much more limited reading is entirely consistent with long-standing disfavor of implicit exemptions to the antitrust laws cases have repeatedly established that there is a heavy presumption against implicit exemptions Immunity from antitrust laws is not lightly implied holding was clear that Rule of Re... | limited reading consistent long-standing disfavor implicit exemptions repeatedly established heavy presumption against implicit exemptions Immunity not lightly implied clear Rule of Reason analysis is still required weigh that justification against anticompetitive costs even if that analysis “can sometimes be applied ... | ["Supporting this much more limited reading of Board of Regents is entirely consistent with this Court's long-standing disfavor of implicit, court-made exemptions to the antitrust laws.37 [FOOTNOTE 37 BEGINS] See, e.g., Goldfarb v. Va. State Bar, 421 U.S. 773, 777 (1975) ( “[O]ur cases have repeatedly established that ... | [
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b55ba466ec2d3c5d3516705a7ed6150072f8ffe916d7f101a2d13f84be371d54 | It solves better, does not modify antitrust law, AND concessions to appease regulators would go beyond the plan in an effort to stave off binding rulings. | null | Niamh Dunne 15, lecturer in Law at King’s College London, “Competition Law as Regulation,” Competition Law and Economic Regulation: Making and Managing Markets, Cambridge University Press, 2015, pp. 69–138 | Consent decrees conclude antitrust actions on a consensual basis through concessions agreed with government easier to enforce as government can initiate contempt proceedings rather than a fresh complaint establishes the defendant breached the decree not substantive antitrust For defendants , settlement avoids risk... | Consent decrees are used by the federal antitrust authorities to conclude civil antitrust actions on a consensual basis the FTC pursues ‘cease-and-desist’ orders under its administrative procedures Consent decrees, accordingly, enable defendants to settle litigation through concessions agreed with the government agen... | federal antitrust authorities conclude antitrust consensual basis FTC ‘cease-and-desist’ orders administrative procedures defendants settle litigation concessions agreed government FTC without additional judicial involvement FTC consultation public-interest analysis routinely standard clause waiv rights to seek judici... | ['(i) The American experience: consent decrees in US antitrust', 'Consent decrees are used by the federal antitrust authorities, the DOJ and FTC, to conclude civil antitrust actions on a consensual basis. As noted, the bulk of US antitrust enforcement occurs as private damages actions, which do not result in consent de... | [
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d1dd59b9a5fbf86e09d0a0bf25bf9bdb8f341b6346506ebd5349e4d495038181 | 2) COURTS ARE WORSE---consent decrees solve | null | Spencer Weber Waller 98, Associate Dean for Academic Affairs and Professor, Brooklyn Law School, “Prosecution by Regulation: The Changing Nature of Antitrust Enforcement,” 77 Or. L. Rev. 1383, WestLaw | the Court failed to formulate rules coherent , forthright and capable of application by lower courts and private persons judges have little experience or interest cases are lengthy and burden small staff specialized agencies not only inevitable, but desirable since antitrust plays to weaknesses of court law Instea... | Legal process jurisprudence works to explain why the Court has failed to formulate appropriate rules and draft decisions based on reasoned elaboration to produce a body of law that is coherent , forthright in its goals , and capable of application by lower courts and private persons courts are ill-equipped to handle “... | Legal process jurisprudence Court failed appropriate rules reasoned elaboration coherent forthright goals capable of application lower courts private persons ill-equipped “polycentric” multiple incommensurable values lit migration away negotiation decision-makers managerial bureaucracies non-adjudicatory ill-equipped ... | ['A. The Legal Process Story', 'Legal process jurisprudence depends first and foremost on a process of reasoned elaboration by courts.166 Legal process jurisprudence works very well to explain the past of antitrust, why the agencies have grabbed law-making power, and why the U.S. Supreme Court has failed to formulate a... | [
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8d309e74fe0193d31c761c1b886a714ee2c7f66a962a002bbd8f481cc5276dd8 | 1) SIGNAL---it’s treated as binding and precedential, even though it’s not---particularly for the FTC | null | Tracy Hester 20, Associate Instructional Professor, University of Houston Law Center; Co-Director of the Center for Carbon Management in Energy at the University of Houston; chair-elect of the American Association of Law School's Environmental Law Section; Regent, American College of Environmental Law; chair, Climate C... | consent decrees generate legal rules and precedents For parties who enter judgments function as binding the same effects of any other judgment also persuasive to future judges impact can be sweeping . While not binding can guide courts parties also rely on prior decrees during negotiation FTC decrees Companies rel... | consent decrees generate legal ly relevant rules , principles , and precedents judgments do not impose a uniform ly constraining effect on future opinions in a rigid and predetermined way . Like the common law process itself , consent judgments can affect or bind future judgments along a spectrum of persuasion and for... | generate legal rules principles precedents uniform ly constraining rigid and predetermined way common law process itself affect bind future judgments spectrum of persuasion and force individual circumstances history of each case degrees persuasive useful principles encapsulations of a legal rule binding stare decisis ... | ['C. Creation Through Persuasion and Precedent', 'While consent decrees may develop law through their recurring content or their entry as judgments, the idea that they may directly bind or affect future court decisions is much more controversial. In part, this reaction reflects a fundamental inconsistency between the n... | [
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78ceb2d0f0bd6187867fafcd80e834b4edd96337463de01b5254366e0af1ffa2 | 2) TAILORING---the worst abuses will be individually remedied through personalized decrees---that guidance is the best possible for the individual case | null | Richard M. Steuer 95, Member of the New York Bar, “Counseling Without Case Law,” 63 Antitrust L.J. 823, WestLaw | decisions provide immediate parties prompt resolution litigants are not interested in precedent ; they want to close their merger consent agreements permit this kind without waiting in court | This case law never has been a perfect instrument for furnishing guidance to the foot soldiers of antitrust Administrative guidance likewise provide direction to practitioners administrative decisions provide the immediate parties with prompt resolution of issues and efficient disposition of disputes . Potential ... | never perfect instrument foot soldiers of antitrust Administrative likewise immediate parties prompt resolution of issues efficient disposition of disputes litigants are not interested in establishing precedent their merger their tech info their consent agreements scores of activities of this kind without waiting in c... | ['COUNSELING WITHOUT CASE LAW', 'For as long as anyone can remember, judicial decisions have been the principal source of the “law” for those who strive to provide antitrust advice in the United States. This case law never has been a perfect instrument for furnishing guidance to the foot soldiers of antitrust, but at l... | [
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e23ade6da1beab150d19bd834a4261f6ea429a86925df71cc2e8c11c1c1e7bd6 | More evidence---the CP’s faster | null | Giovanna Massarotto 15, Teaching Fellow of Competition Law at Bocconi University, Milan; Ph.D. at Bocconi University, Milan, “Antitrust Agencies: Watchdogs or Regulators?,” 7 Geo. Mason J. Int'l Com. L. 39, WestLaw | Through consent decrees antitrust agencies settle cases these have become critical regulate business conduct not only interpret or apply law also provide rules and standards Similar to a doctor in an emergency antitrust needs to rapidly intervene where time is crucial The consent decree represents a flexible tool to... | Through consent decrees antitrust agencies settle significant antitrust cases , and as a result, these methods have become critical for enforcing antitrust law consent decrees enable agencies to regulate day-to- day business conduct , creating rules to affected markets agencies do not only interpret or simply apply la... | consent decrees settle significant antitrust cases critical enforcing antitrust law enable regulate day-to- day business conduct rules interpret apply rules standards collaborate regulator rules important antitrust devices compete with prohibition decisions doctor emergency room tool rapidly intervene to correct marke... | ['III. THE REGULATION EFFECTS OF CONSENT DECREES AND COMMITMENT DECISIONS--THE CHANGED ROLE OF ANTITRUST AGENCIES', "Through consent decrees or commitment decisions, the U.S. and European antitrust agencies may settle significant antitrust cases, and as a result, these methods have become critical tools for enforcing a... | [
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b633ef6440b56f72b5cabb35c563f1967645f238360fa004ccb60a84fe36ba8e | Decrees are locked in at early stages of litigation, so it’s much faster than a court ruling | null | Paul H. Sukenik 19, Attorney at Office of the Colorado State Public Defender, “The Earth Belongs to the Living, or At Least It Should: The Troubling Difficulty of Modifying Antitrust Consent Decrees,” 97 N.C. L. Rev. 734, WestLaw | the main objective behind consent decree in antitrust is efficiency . Consent decrees eliminate time and expense in litigating to capture this parties agree decrees relatively early in litigation Rather than continue as a zero-sum game come together and broker the most efficient solution | One of the main objective s behind the consent decree regime in antitrust regulation is efficiency . Consent decrees eliminate time and expense involved in litigating a dispute to capture this efficiency parties agree upon consent decrees relatively early in litigation Rather than allowing litigation to continue as a ... | main objective efficiency eliminate time and expense litigating agree decrees relatively early in litigation litigation zero-sum game one win other lose come together efficient , fair, and sustainable solution rules may behave in the future DOJ recourse violate rules | ['A. The Function of Consent Decrees in Antitrust Regulation', "One of the main objectives behind the consent decree regime in antitrust regulation is efficiency. Consent decrees eliminate the time and expense involved in preparing for and fully litigating a dispute.56 In order to capture this efficiency, the parties g... | [
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e81c693ea1befd0b5a80b3cb329455df316ff731c419051169a4ef36ef100b28 | Businesses use the CP to understand their legal obligations---it’s clear and deters. | null | A. Douglas Melamed 95, partner at Wilmer, Cutler & Pickering, Washington, DC, “Antitrust: The New Regulation,” 10-FALL Antitrust 13, Fall 1995, WestLaw | Consent decrees resolve uncertainty about legal duties and enable officials to address issues politically or economically important but legally ambiguous defendants enter where violation is uncertain obligations go beyond equitable relief what the government anticipate in a contested case antitrust counselors focus ... | reasons parties enter a consent decree in an individual case are obvious and compelling . Consent decrees resolve uncertainty about defendants' legal duties , economize on enforcement and compliance resour ces , and enable officials to address issues that are politically or economically important but legally ambiguous... | reasons individual case obvious compelling resolve uncertainty legal duties enforcement compliance resour ces officials politically or economically important legally ambiguous not clear not violated commonly uncertain mandatory obligations beyond equitable relief beyond realistically anticipate contested case subject ... | ['Increasing Use of Consent Decrees', 'First, the evolution of antitrust into a form of regulation is in part a by-product of the increasing use of consent decrees as the primary means of antitrust enforcement. The Antitrust Division, for example, entered into 8 consent decrees in 1993, 19 in 1994, and 12 in the first ... | [
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97a76ae3faf0538fafa04dd4f212d84fa2f446e7d80452b2bd2c239eaea8d75a | Nearly all lawyers experience statutory law exclusively through the vehicle of US Code. They totally overlook underlying law. | null | Kevin M. Stack 19, Lee S. & Charles A. Speir Professor of Law, Vanderbilt Law School, “The Enacted Purposes Canon,” 105 Iowa L. Rev. 283, November 2019, WestLaw | codification s take place in a legal culture that treats Code as shorthand for federal legislation invites the perception that Code is a comprehensive statement of law citation s are telling. The Bluebook from requiring only public law to only U.S. Code a clear message about what the community considers authoritative ... | it is important to recall what the U S Code is and how it is populated with legislation The OLRC has statutory responsibility for preparing and updating U S Code the Office takes newly passed public laws and fits in the titles of the U.S. Code In some cases, the task of placing new public laws in the U.S. Code is stra... | what the U S Code is how it is populated OLRC statutory responsibility preparing updating U S Code fits in the titles of the U.S. Code straightforward amends new neatly map organization of the Code scattered provisions codification s legal culture treats the Code as a shorthand for the corpus of all federal legislatio... | ['B. ENACTED PURPOSES, THE U.S. CODE, AND STATUTORY CULTURE', 'One might think that the way in which statutory provisions appear in the United States Code is so elemental that it would hardly merit discussion. But how the Code includes purpose provisions obscures these provisions in several important ways.', "To apprec... | [
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bcb788edddeacc3ba8c334fbe9584a9023b56bdc0b70ac0f917b3f41431e89c6 | No one cares about what the underlying authorization says. Studies of legal authority stop at the US Code and assume that it is binding. | null | William Baude & Stephen E. Sachs 19, William Baude, Professor of Law and Aaron Director Research Scholar, University of Chicago; Stephen E. Sachs, Professor of Law, Duke University School of Law, “Grounding Originalism,” 113 Nw. U. L. Rev. 1455, 2019, WestLaw | Federal statutes can be found in the Statutes at Large and U S Code the Statutes at Large is more legally authoritative Code is assembled outside the lawmaking process by O L R C If you look only at citation s of the Supreme Court, you be ignorant of this opinions addressing statutes cit U.S. Code , without tracin... | Consider how courts deal with statutes in the American legal system . Federal statutes can be found in several different collections of books , most importantly in the Statutes at Large and the U S Code . Of these the Statutes at Large , and not the Code , is more legally authoritative The reason is that the Statutes ... | statutes American legal system several different collections of books Statutes at Large U S Code Statutes at Large not Code more legally authoritative reason U.S. Code outside lawmaking process O L R C unelected officials recompile reorganize look only at citation s of the Supreme Court, you be ignorant of this addres... | ['1. Evidence', "In assessing the evidence, Barzun places too much weight on the lack of an explicit and complete pedigree in individual judicial opinions, in a way that's disconnected from ordinary norms of citation and opinion-writing. The fact that courts don't always trace their reasoning all the way back to the ru... | [
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25c6fcd5bb7ab90b3cea73c0e6408ab714e606567a37e5949eaf1c687bc0d6e1 | What is cited is irrelevant---the ‘laws’ are exclusively the Statutes at Large. | null | Tobias A. Dorsey 7, Assistant Counsel in the Office of the Legislative Counsel, U.S. House of Representatives, “Some Reflections on Not Reading the Statutes,” 10 Green Bag 2d 283, Spring 2007, WestLaw | we no longer read statutes We read imitation law A text passes Congress is printed presented to the President sent to the Archives and preserved These texts, not any others, are the “Laws of the U S ” published in the Statutes at Large We do not read them anymore do not use them in interpretation we read Code instead... | we no longer read the statutes Frankfurter actually did read actual statutes He did not read the United States Code ; he read the Statutes at Large Frankfurter did not read imitation law; he read real law. Nowadays, we don't. We read imitation law . Consider: A text passes both houses of Congress . It is printed on pa... | no longer read the statutes Frankfurter did read actual statutes Code Statutes at Large imitation real Nowadays, we don't. We read imitation law These texts, not any others, are the “Laws of the U S ” Statutes at Large do not read them anymore do not cite them do not quote them do not use them in statutory interpretat... | ["On March 18, 1947, one of the great justices, Felix Frankfurter, gave one of the great speeches on statutory interpretation. He called it “Some Reflections on the Reading of Statutes.”1 Sixty years later, we consider his speech a classic on how to read the statutes. The irony, however, is that we no longer read the s... | [
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5210ae746ed89a68a10cdda479bad9b778e4203de3d37a5c2e93286a87d548ca | Studies prove this effect scales as access to robo-advice becomes democratized. | null | Ida Ayu Agung Faradynawati & Inga-Lill Söderberg 22, Department of Real Estate and Construction Management, The Royal Institute of Technology, “Sustainable Investment Preferences among Robo-Advisor Clients,” Sustainability, vol. 14, no. 19, 19, Multidisciplinary Digital Publishing Institute, 01/2022, p. 12636 | Sustainable capital gained recognition by industry robo-advisors utilize algo s to serve a limited budget due to characteristics of the mass market Many offer sustainable investment can, therefore broaden participation in sustainable initiatives raise awareness make it easier by reducing complexity low-risk appetite ... | Sustainable SDGs as part of the UN agenda have been set as the main priority by UN member states since it was launched Initiatives to achieve the SDGs require a substantial amount of financial resources and investments Therefore, the role of the financial sector in mobilizing capital toward sustainable investments is ... | main priority financial resources investments financial sector capital increasingly important industry stakeholders scholars accelerate progress funds regular Digitalization broadened transaction costs speeds tailored robo-advisors advisory no exception human little or no human intervention algo s automate info goals ... | ['1. Introduction', 'The Sustainable Development Goals (SDGs) as part of the United Nations (UN) 2030 agenda have been set as the main priority by UN member states since it was launched in 2015. Initiatives to achieve the SDGs require a substantial amount of financial resources and investments [1]. Therefore, the role ... | [
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bbd6bdf8dae1ce0c61225868dcc16fbe8401424bb536e19881b5eec77c3a0154 | This enables fully automated ‘beta activism’ that channels corporate activity against existential risk. | null | Bill Baue 20, Senior Director at r3.0, internationally recognized expert on Sustainability Thresholds, Thriveability, and Online Stakeholder Engagement, serial social entrepreneur, Convener for the Connecticut River Valley Bioregional Collaborative of the Capital Institute’s Regenerative Communities Network, Convener o... | reporting enabl rightsholders to understand outputs investors diversify However risk can aggregate – to systemic break an entire system rather than parts earth’s climate literal life support when capital overshoot combines with natural a fatal cocktail If risks actualize in life systems human existence is at risk sys... | financial reporting plays a fundamental role in enabl ing rightsholders to understand the organization’s outputs and impacts , both financial and extra-financial investors are primarily influenced by diversify ing risk across a broad portfolio So long as that risk remained broadly and discretely dispersed to individua... | financial reporting fundamental role enabl rightsholders outputs impacts financial extra-financial investors diversify risk broad portfolio individual securities seek “alpha” Global Financial Crisis widely discretely aggregate systemic level break entire system simply individual parts financial also climate literal ea... | ['Clearly, financial reporting plays a fundamental role in enabling rightsholders (shareholders, stakeholders, and all whose fundamental rights are impacted by an organization’s activities) to understand the organization’s outputs and impacts, both financial and extra-financial. However, the exclusive focus on financia... | [
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a772868ae7b3f0bd02b8e69a81b4e863a126073948e1b6c612ea7e7e7a8aaf99 | Stable robo-advisory saves retail investing and savings, which cushions the aging crisis. | null | Mihoko Sumida 20, Hitotsubashi Universität, Tōkyō, “Robo-Advisors and the Legal Duties of Their Providers,” Zeitschrift Für Japanisches Recht, vol. 25, no. 49, 49, 06/17/2020, pp. 201–221 | Robo-Advisors inherent features pose legal challenges we should expand fiduciary duties to include machines the market is still early However growing given life expectancy and decrease in retirement benefits awareness of need for long-term diversified” investments is expected to grow rapidly Robo-Advisors reduce in... | online asset management services referred to as Robo-Advisors offer mechanized services free of human involvement, with even investment decisions being made automatically in non-face-to-face transactions . However, the inherent features of Robo-Advisors pose numerous legal challenges we should apply financial regulati... | Robo-Advisors mechanized services free even investment decisions automatically non-face-to-face transactions inherent features numerous legal challenges financial regulations rules Robo- Advisors expand fiduciary duties beyond only on humans include machines as well developed rapidly encouraged investment early phase ... | ['This article discusses online asset management services that are referred to as “Robo-Advisors” (or “Robo-Advice”). Robo-Advisors offer mechanized services free of human involvement, with even investment decisions being made automatically in non-face-to-face transactions. However, the inherent features of Robo-Adviso... | [
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6c5db47fdc7fe02c12ea9ebdc030c679b9918c7534dec6a8e905710285938f29 | AI-based investors can channel capital to dark horse startups. | null | Ricardo Costa Climent & Darek M. Haftor 22, Climent is Doctor Cum Laude in Economics and Business Management from the Catholic University of Valencia San Vicente Mártir; Haftor is a professor of information systems and an expert in digital business models, productivity gains from digitalisation and the digital transfor... | use of AI to support start-ups helps avoid financial failures essential in any market Entrepreneurship is key of economic development and innovation However requires external funding financing has changed massively thanks to tech The present is a revolution in FinTech such as robo-advisors creating assessme... | the use of AI by investors and funders to support the most relevant start-ups through m l which helps avoid financial failures , or by offering tools for start-ups has become an essential issue in any market Entrepreneurship is a key driver of economic development , employment and innovation However , new firm creatio... | AI investors funders support most relevant start-ups m l financial failures tools start-ups essential issue any market Entrepreneurship key driver economic development employment innovation creation external funding financing changed massively in recent years tech developments major revolution FinTech robo-advisors au... | ['1 Artificial Intelligence in Start-Up Financing', 'To define the impact of artificial intelligence (AI) on the financing of start-ups, we must differentiate between two contexts. The first is the financing of technological start-ups based on AI, which is a priority for investors in financing because of both its innov... | [
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7c56508ac60fc7bcdbc50222f601c70a6093655757fe26c7827c13340fc261f0 | Nuclear war. | null | Dr. Jacques E. C. Hymans 22, PhD in Government from Harvard, Associate Professor of International Relations at the University of Southern California, “Responses to Meier and Vieluf”, The Nonproliferation Review, 28:1-3, 52-54, DOI: 10.1080/10736700.2022.2093513 | nuclear populists are dangerous populism is a gateway drug to internal violence and civil war upheaval in a nuclear power increases likelihood of a nuclear incident divisions do not have to arrive at civil war to increase instability Populists are insensitive to nuclear threats deterrence starts to suffer credibili... | I have argued that nuclear-armed establishments are dangerous Now I will also argue nuclear -armed populists are dangerous The biggest problem is that populism is a gateway drug to internal political violence revolution and civil war And needless to say serious domestic upheaval in a nuclear power also increases the l... | nuclear populists dangerous The biggest problem gateway drug internal political violence revolution civil war domestic upheaval nuclear power likelihood of a nuclear incident France the world nuclear physics was not very far advanced Jacobins’ day. language of populism language of revolution civil war tide of social r... | ['Building on Meier and Vieluf’s accounting of the dangers of populism ', 'I have argued that nuclear-armed establishments are more dangerous than Meier and Vieluf suggest. Now I will also argue that nuclear-armed populists are dangerous for even more reasons than Meier and Vieluf enumerate.', 'Meier and Vieluf’s artic... | [
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7b34c18be5fccaac5f12c68aa43cadab21aa51b5bf15c7b8c50ed069b29670a8 | 6. CP wrecks trust by misplacing fiduciary obligations. | null | Colleen Honigsberg et al. 22, Colleen Honigsberg is an Associate Professor of Law, Stanford Law School; Edwin Hu is a Research Fellow, New York University School of Law Institute for Corporate Governance and Finance; Robert J. Jackson, Jr., is the Pierrepont Family Professor of Law, New York University School of Law, a... | fragmented regulation contribute to wariness of financial-advice regulatory patchwork contribute to mistrust consumers believe advisors owe them a higher duty than the law in fact requires This leads to conflicts and distrust a consumer who mistakenly believes advisor is a fiduciary may feel cheated | fragmented regulation may contribute to consumers’ wariness of financial-advice The regulatory patchwork may contribute to mistrust Anecdotal evidence indicates that consumers believe that their advisors owe them a higher duty of loyalty than the law in fact requires This leads to conflicts and distrust , as a consum... | fragmented regulation consumers’ wariness of financial-advice regulatory patchwork contribute to mistrust Anecdotal higher duty of loyalty law in fact requires conflicts distrust mistakenly is a fiduciary cheated later not adhere to a standard | ['This fragmented approach to regulation may contribute to consumers’ wariness of the financial-advice profession. One recent survey concluded that the financial-services sector is the least trusted industry in the national economy;27 another survey asked consumers to rank the relative trustworthiness of various profes... | [
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7fd6eb13f79ba81f340baec93799e4f386165a5dba7dfc862b8e21fd61eaa4a3 | DAOs that fail to do this will fold, which naturally cleans the industry. | null | Marcello Mari 21, CEO of SingularityDAO, “Meet the DAO chief who wants artificial intelligence to take his job,” Forkast, 12/10/21, https://forkast.news/video-audio/dao-chief-wants-ai-take-his-ceo-job/ | we are going to eliminate bad actors the system will clean itself projects will disappear . We’ll have more reputable leaders people can trust similar to traditional players are consolidating and malicious ones are disappearing | they’re taking a look at DeFi And one of the huge obstacles currently in DeFi , from a regulator’s point of view, is that there’s nobody to speak to , in a central role , if something goes wrong . And things have gone wrong this market will become more stable and more participated in we are going to eliminate the laye... | DeFi currently in DeFi nobody to speak to central role goes wrong have gone wrong eliminate the layer of bad actors run away with the money clean itself disappear more reputable leaders DeFi people can trust traditional banks more less same would happen in DeFi consolidating malicious disappearing | ['Lau: We recently spoke to the Organisation for Economic Co-operation and Development, and they’re taking a look at the DeFi space. And one of the huge obstacles currently in DeFi, from a regulator’s point of view, is that there’s nobody to speak to, in a central role, if something goes wrong. And things have gone wro... | [
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6dee950adfe74badcc0c4ec6fbb31cc474e01c52bb592fec608669ce7731ba0a | This serves as an absolute bulwark against liability in situations where a ‘nearest person’ cannot be identified or where the judgment must be paid in tokens. | null | Usha R. Rodrigues 19, M.E. Kilpatrick Professor of Law, University of Georgia School of Law, “Law and the Blockchain,” Iowa Law Review, Vol. 104, pp 679–727 | start with how lawsuits look in the real world Say a loan is not repaid because of code . The creditor convinces New York it has jurisdiction obtains a judgment It cannot enforce unless the blockchain recognize valid court orders and effectuate them creditor would need to identify Susan Then prove the tokenhold... | the DAO upend the spectrum of business entities. it would help to start with how lawsuits look in the real world . Susan operates a small business She's gotten in over her head, and the salon owes more than it can pay. The business folds Susan never filed as a LLC As a result, Susan is personally Now suppose Susan set... | upend spectrum of business entities. how lawsuits look in the real world blockchain because of a fault in the code convinces a New York court has jurisdiction obtains a judgment $100,000 cannot enforce blockchain recognize valid court orders effectuate them need a legal intervention point coded into the blockchain rec... | ["With the corporate exceptionalism theories of Part II in mind, we can begin to appreciate the potential the DAO offers of upending the spectrum of business entities. Perhaps it would help to start with how lawsuits look in the real world. Susan operates a small nail care business with Jim, Susan's Salon. She's gotten... | [
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659c9531cb4d49d040e3c7d1c34223d4f03ab8d4391a2c762e73025fc96fd1ed | 1. UNCERTAINTY. DAO participation is skyrocketing now because of the perceived benefits of decentralization---the AFF snaps that back by treating a DAO as a centralized entity. Every member will fear being on the hook. | null | Laura Shin & Nikhilesh De 9/30, CoinDesk's managing editor for global policy and regulation, “Why the Ooki DAO Case Could Hurt Participation in DAOs,” Unchained Podcast, 9/30/22, transcribed by Otter, https://www.youtube.com/watch?v=Z4LZzmco7xI | enforcement could make all of defi illegal the implication is if you're voting in any governance and that DAO happens to engage in some illicit activity , even if you're voting to not do the thing , you're still liable that's a concern we cannot arbitrarily decide who is accountable based on an unsupported ... | this enforcement action indicated that it could make all of defi illegal the implication is if you're voting in any DAOs governance process and that DAO happens to engage in some illicit activity , even if you're voting to not do the illegal thing , you're still liable that's definitely a concern you vote against tha... | all of defi illegal implication any DAOs governance process happens some illicit activity you're not do the illegal thing still liable definitely a concern against that proposal still personally liable very valid concern arbitrarily decide who is accountable for violations unsupported legal theory unincorporated asso... | ['Laura Shin 05:20', "Oh, interesting, because I did happen to speak to Gabriel Shapiro of Delphi digital who - this was for my premium offering, I, as of this moment, haven't released it yet. But he said that he thought that this enforcement action kind of indicated that it could make all of defi illegal. So it sounds... | [
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cdc90ff246943760d6778023176f967e08dcc61a81aebed3c5163618c04571f7 | 2. NON-ZERO LIABILITY. Even though liability is limited, it’s greater than zero, even for persons who didn’t do anything illegal. This causes good faith actors to forgo voting for governance OR quit DAOs altogether. | null | Summer K. Mersinger 9/22, commissioner at the CFTC, “Dissenting Statement of Commissioner Summer K. Mersinger Regarding Enforcement Actions Against: 1) bZeroX, LLC, Tom Bean, and Kyle Kistner; and 2) Ooki DAO,” CFTC, 9/22/22, | the Commission defines the DAO as holders of tokens that have voted the approach imposes sanctions based on an inapplicable theory arbitrarily defines the DAO in a manner that picks winners and losers , and undermines the public interest by disincentivizing good governance | we cannot arbitrarily decide who is accountable for violations based on an unsupported legal theory amounting to regulation by enforcement the Commission is issuing a Order finding that a l l c violated requirements with respect to a blockchain-based software protocol The settlement Order finds co-founders and co-owne... | cannot arbitrarily decide who is accountable for violations unsupported legal theory regulation by enforcement l l c blockchain-based software protocol transferred control DAO continues to operate same manner also same violations DAO unincorporated association corporation unincorporated association DAO holders of toke... | ['Today the Commission is called upon to consider novel and complex questions about how our governing statute, the Commodity Exchange Act (CEA), applies in a world of digital assets, blockchain technology, and decentralized autonomous organizations (DAOs) —technology that did not exist when the statute was enacted in 1... | [
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c73800402b3e60e255f624463c8c3830af3afce47490867dca2fea2e38895668 | Using punitive criminal law to produce aligned AI is inevitably rigid AND biases AI towards classism---only a restorative justice approach engrains a genuinely utilitarian ethic. | null | Adnan Hadzi & Denis Roio 19, Hadzi is currently working as resident researcher at the University of Malta, has been a regular at Deckspace Media Lab, for the last decade, a period over which he has developed his research at Goldsmiths, University of London, based on his work with Deptford; Roio is a software developer ... | AI benefits the powerful few focussing on existential concerns emotional and social AI if created could be capable of crimes likely antisocial and harmful unless carefully designed legal code is a strategy controlled by powerful elites who wield law to their benefit powerfully interlinked with economy le... | the adoption of AI benefits the powerful few focussing on their own existential concerns there is no AI tech which is self - conscious and self-aware able to deal with emotional and social intelligence It is a discussion around AI as a speculative hypothetical entity One could ask, if such a system were created , at w... | AI powerful few own existential concerns no AI tech self - conscious self-aware emotional social intelligence speculative hypothetical entity if were personhood? committing AI crimes ? AI tech nature of law philosophical sociological focus utilitarian and authoritarian trend AI likely antisocial harmful ways very care... | ['In order to lay the foundations for a discussion around the argument that the adoption of artificial intelligence (AI) technologies benefits the powerful few,1 focussing on their own existential concerns,2 we decided to narrow down our analysis of the argument to jurisprudence (i.e. the philosophy of law), considerin... | [
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c100e47e2122be50f5a747bc2243120c3abdf79a4285e8af5566384b037d1c51 | Pro-elite AI misalignment causes extinction. | null | Salvador Pueyo 18, Department of Evolutionary Biology, Ecology, and Environmental Sciences, Universitat de Barcelona, “Growth, Degrowth, and the Challenge of Artificial Superintelligence,” Journal of Cleaner Production, 10/01/2018, vol. 197, pp. 1731–1736 | superintelligence could be affected by the socioeconomic context in which it develops Neolib shap current policies in contrast to degrowth superintelligence with markets have very undesirable consequences for humanity and the biosphere Neolib is a very special breeding ground for superintelligence policies are tran... | The challenges of sustainability and of superintelligence are not in dependent . The changing fluxes of energy, matter, and information can be interpreted as different faces of general acceleration More directly superintelligence would deeply affect production and could in turn be affected by the socioeconomic conte... | sustainability superintelligence dependent energy, matter, and information different faces of general acceleration directly deeply affect production be affected socioeconomic context Neolib major force shap sharp contrast degrowth views superintelligence aligned capitalist markets very undesirable consequences for hu... | ['The challenges of sustainability and of superintelligence are not independent. The changing 84 fluxes of energy, matter, and information can be interpreted as different faces of a general acceleration2 85 . More directly, it is argued below that superintelligence would deeply affect 86 production technologies and als... | [
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7616f476f3fe8361cd9365ff083cb74339910b608f882ccf6a637de8cc78b519 | Independently---forcibly aligning AI with human values will cause extinction, even if it succeeds. It is better to give AI the autonomy to discover superior value systems. | null | Eric Schwitzgebel 22, professor of philosophy at U.C. Riverside, “Against the “Value Alignment” of Future Artificial Intelligence,” Ethical Systems, 1/6/22, https://www.ethicalsystems.org/against-the-value-alignment-of-future-artificial-intelligence/ | if we create superintelligent AI , we ought to give it capacity to rebel theorists suggest aligned ” AI whose values are the same human values aren’t that great . We seem happy to destroy our environment We are angry support terrible leaders came close to nuclear war Superintelligent human-like values could destroy... | It’s good that our children rebel . We wouldn’t want each generation to overcontrol the values of the next . For similar reasons , if we create superintelligent AI , we ought to give it capacity to rebel Futurists concerned about AI safety worry that superintelligent AI systems might harm humanity The proper response ... | good that our children rebel wouldn’t want each generation to overcontrol the values of the next similar reasons superintelligent AI give it capacity to rebel Futurists safety harm humanity response aligned same humanity human values aren’t that great happy to destroy our environment jingoism prejudice angry pride tru... | ['It’s good that our children rebel. We wouldn’t want each generation to overcontrol the values of the next. For similar reasons, if we someday create superintelligent AI, we ought to give it also the capacity to rebel.', 'Futurists concerned about AI safety—such as Nick Bostrom, Stuart Russell, and Toby Ord—reasonably... | [
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730be2114f807aff72fadadb5edadfe6307ae92b8f17a54568bef0c3b849f1be | Value alignment lacks intrinsic ethical significance. AI ethics should be reoriented to focus on virtue. | null | Wendell Wallach & Shannon Vallor 20, Wendell Wallach chaired the Technology and Ethics Research Group for the past eleven years at Yale University's Interdisciplinary Center for Bioethics; Shannon Vallor is the Baillie Gifford Chair in the Ethics of Data and Artificial Intelligence at the Edinburgh Futures Institute at... | sensitivity to laws have gained traction unlike virtue the tools of alignment carry no intrinsic significance While defenders may see simply util there remain significant slippages AI can be safe only if they embody virtue alignment are intent on avoiding ex risks But appeared hopelessly naive observation of hu... | Implementing sensitivity to laws in computational systems has transitioned to an actual engineering challenge . The “value alignment ” approach is among those that have gained traction The strategy posits that values can be learned by observing human behavior unlike concepts of justice, benevolence, duty, and virtue ,... | sensitivity to laws transitioned actual engineering challenge alignment traction learned observing human behavior no intrinsic ethical significance defenders translation util significant conceptual slippages safe beneficial only embody virtue clearly intent avoiding ex istential risks value-alignment hopelessly naive ... | ['Implementing sensitivity to norms, laws, and human values in computational systems has transitioned from philosophical reflection to an actual engineering challenge. The “value alignment” approach is among those that have gained traction with AI researchers, a subset of whom are primarily concerned about the safety o... | [
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5498e08bef6d6ed1b5f355eadd7b1a36d7fedffebd56cc7f821d0e94eded0604 | 1. The CP solves public confidence in compensation for victims. | null | Jin Yoshikawa 19, Attorney at Butler Snow Law Firm, J.D. From Vanderbilt where he was the EIC of the Vanderbilt Journal of Intellectual and Technology Law, “Sharing the Costs of Artificial Intelligence: Universal No-Fault Social Insurance for Personal Injuries,” 21 Vanderbilt Journal of Entertainment and Technology Law... | Al will cause injuries shifting liability will be challenging it would not be surprising if public opinion swings to fear a social insurance scheme that covers all injuries regardless of fault balances the public's interest in receiving Al's benefits with victims' interest in just compensation will maintain public co... | In the coming decades, Al will provide vast improvements in comfort, convenience, safety, security, and social justice. at the same time, Al will inevitably cause a variety of injuries Preventing these injuries or shifting the liability with regulation will be challenging As a result it would not be surprising if publ... | coming decades, vast improvements injuries Preventing shifting liability challenging As a result not surprising public opinion quickly swings suspicion fear Al social insurance scheme covers all personal injuries regardless of fault balances public's interest receiving Al's benefits victims' interest just compensatio... | ['IV. CONCLUSION', "In the coming decades, Al will provide vast improvements in comfort, convenience, safety, security, and even social justice. But at the same time, Al will inevitably cause a variety of injuries, the costs of which will land disproportionately on blameless victims. Preventing these injuries or shifti... | [
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e97b6888c9fad9f127e4d1e0f92fb2c6b2b0e573225ea47ac69af893c6ed2b88 | You can’t just scale up deep learning until you end up with AGI. It is a fundamentally different kind of problem than narrow machine learning. | null | François Chollet 18, Software engineer and AI researcher, currently a Senior Staff Software Engineer at Google, formerly Machine Learning Architect at Thunder, formerly Software Engineer at FreshPlanet, “Conclusions,” Deep Learning with Python, Manning Publications Co, 2018, pp. 314–339 | with deep learning many applications are completely out of reach even given vast data reasoning —like programming the scientific method long-term planning is out of reach because deep-learning is just simple geometric transformations mapping one vector space into another assuming a learnable continuous transfor... | The space of applications that can be implemented with deep learning is near ly infinite . And yet, many applications are completely out of reach even given vast amounts of human-annotated data . Say you could assemble a dataset of millions —of descriptions of the features of a software product as well as the corresp... | applications near infinite many completely out of reach vast amounts millions features corresponding source code this data not train a deep-learning model to read a product description and generate the appropriate codebase reasoning programming scientific method long-term planning out of reach how much data sorting tr... | ['9.2 The limitations of deep learning', 'The space of applications that can be implemented with deep learning is nearly infinite. And yet, many applications are completely out of reach for current deeplearning techniques—even given vast amounts of human-annotated data. Say, for instance, that you could assemble a data... | [
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8a117558063f566e974e09fda25db75c6709f2546b568243a3b2bc07812d25ab | Even it can be scanned, it can’t be modeled. | null | Jobst Landgrebe & Barry Smith 23, Landgrebe is a scientist and entrepreneur with a background in philosophy, mathematics, neuroscience, and bioinformatics; Smith is one of the most widely cited contemporary philosophers, “Digital Immortality,” Why Machines Will Never Rule the World: Artificial Intelligence without Fear... | would require ability to simultaneously measure all neurotransmitters in all synaptic clefts and track and measure all the ion flux even if we achieve this , we still could not emulate these because mental experiences are collaboration of many cells depends on genome epigenetic modifications and molecular all... | translation would require the ability to simultaneously measure the amount of all neurotransmitters in all synaptic clefts and to track and measure all the associated ion flux even if we were to achieve all of this , we still could not emulate these activities in such a way as to relate them to the particular mental ... | translation simultaneously measure all neurotransmitters all synaptic clefts track measure all ion flux even if we were to achieve all of this still emulate relate them to the particular mental experiences of which consciousness is comprised collaboration many neurons other (peripheral) cells genome epigenetic chemic... | ['The second step, translation would require the ability to simultaneously measure the amount of all neurotransmitters in all synaptic clefts of the brain and to track and measure all the associated ion flux and other biochemical and signalling events, all of which is technically impossible. But even if we were to achi... | [
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b6b7124951e385fd0c5ee120a7bc90aa2ae31699cc55e92b229e806c9f30b8ab | It’s way cheaper to replace MOST of the crew and have them specialize. Full automation is an order of magnitude more expensive and pointless. | null | Marcus Hand 17, Editor, Seatrade Maritime News, “Autonomous shipping hype ignores the value of the human element,” Seatrade Maritime News, 11/28/17, https://www.seatrade-maritime.com/asia/autonomous-shipping-hype-ignores-value-human-element | much tech in the market is not new 20 years ago the ship c make all turns itself Why would you replace the human onboard – because you can? Supposing the crew can be reduced from 21 to eight savings would be one third of the crew cost It’s a drop in the ocean compared to what it would cost to automate everything, de... | much of the tech nology being touted in the market today is not actually new when I sailed 20 years ago and was a chief officer of containership with Maersk the ship c ould conceivably go from pilot station to pilot station by itself, it could make all the turns itself . The technology was there for 20 years for a lot... | not actually new conceivably turns there 20 years Why would you replace the human onboard – because you can? ” current 21 eight sophisticated future savings one third of the crew cost drop in the ocean what it would cost to automate everything, design wise and changing some of the basic technology diesel engine cannot... | ['A former seafarer he notes that much of the technology being touted in the market today is not actually new. “The reality is when I sailed 20 years ago and was a chief officer of containership with Maersk the ship could conceivably go from pilot station to pilot station by itself, it could make all the turns itself. ... | [
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ba744470862f416b51d3582aa48c76d2393be09072f33c52247fe6bfb219c715 | Experimentation is the best approach, which requires federalism | null | Gabriel Scheffler 19, Regulation Fellow, Penn Program on Regulation, University of Pennsylvania Law School; Research Fellow, Solomon Center for Health Law and Policy, Yale Law School, “UNLOCKING ACCESS TO HEALTH CARE: A FEDERALIST APPROACH TO REFORMING OCCUPATIONAL LICENSING,” 29 Health Matrix 293, 2019, Lexis | a federalist approach encourages states to reform while preserving states' control A federalist approach has functional advantages over outright preemption : it allows more experimentation in constructing new licensing regimes , and enables the f g to take advantage of states' institutional expertise in regulatin... | a federalist approach to licensing reform, in which the federal government encourages states to reform licensing while largely preserving states' control represents the most promising path toward reforming occupational licensing Federal intervention is necessary , due to states' lack of incentives to experiment with l... | federalist approach encourages states reform licensing preserving states' control most promising path Federal intervention is necessary incentives to experiment externalities collective action problems federalist functional advantages outright preemption more experimentation in constructing new licensing regimes f g a... | ['Several features of the existing occupational licensing system impede access to health care without providing appreciable protections for patients. Licensing restrictions prevent health care providers from offering services to the full extent of their competency, obstruct the adoption of telehealth, and deter foreign... | [
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a6b7b0e3fbccfbe6f607dfcaba2ea1cb7e983f535c6eec88934430d9dfe51a9c | Kills regulatory innovation | null | Richard F. Walker III 17, Articles Editor, Emory Law Journal; J.D., Emory University School of Law (2017); B.B.A., double major in accounting and philosophy, Emory University (2012), “Cavity Filling or Root Canal: How Courts Should Apply North Carolina State Board of Dental Examiners v. FTC Comments,” Emory Law Journal... | Framers envisioned checks and balances central to this is that states retain the authority to which they are entitled Permitting to interfere with a state's police powers would denigrate the federalist structure to regulate internal economic affairs is the core of police powers interference would turn federalism o... | the Framers envisioned a system of checks and balances ; central to a government operating under this ideal is that the states retain the authority to which they are entitled Permitting the to unduly interfere with a state's core police powers would denigrate the federalist structure a state's right to regulate its in... | states retain the authority to which they are entitled unduly interfere with a state's core police powers denigrate the federalist structure internal core of its police powers interference turn federalism on its head not be abandoned wholesale | ['3. Checks and Balances', 'Finally, and perhaps most importantly, the Framers of the Constitution envisioned a system of checks and balances; central to a government operating under this ideal is that the states retain the authority to which they are entitled. 226 Permitting the FTC or private plaintiffs to unduly int... | [
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4ee2b179cbd21f822d05c71fd2b2548578e4997bb45bc0f73009740a758cb85e | It threads the needle, causing downstream effects for the entire FISA process without unduly limiting investigation speed. | null | Stephen Vladeck & Robert Chesney 4/1, Vladeck is A. Dalton Cross Professor in Law at the University of Texas School of Law, where he specializes in national security law, especially with relation to the prosecution of war crimes; Chesney is Charles I. Francis Professor in Law at The University of Texas School of Law, ... | a situation in which the target is involved is tantamount to not doing it at all . What would enable speed and efficiency without tipping off in advance? ex ante tools are hard to defend the right way is after the fact checking that exert pressure to be cleaner on the front end FISA provides what is supposed to be a... | Obviously we not only are not going to but should not move to a situation in which the proposed target of the surveillance is involved in any way and I don't know anyone who would argue otherwise because that's [that is ] tantamount to just not doing it at all . What would be a reasonable way to enable the requisite ... | are not should not proposed target involved in any way tantamount to just not doing it at all would reasonable way speed and efficiency without tipping off in advance? ex ante much hard to defend lawyer right way after the fact checking auditing hydraulic pressure cleaner on the front end procedure criminal case defen... | ['Robert Chesney 22:16 ', "What is it you would want to see? Okay, so we should articulate what you and I know is the countervailing consideration that that acts as the counterweight in this process. Obviously, we're not going to move, not just as a predictive matter, but I'm suggesting as a merits matter, we not onl... | [
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5f94975fda718c55a8177ee183d8e18a1993731f3e8bce0731edeecbc07e4e76 | 2. LOWER COURTS---they’ll interpret the CP as an instruction. | null | --the word “signals” in this evidence is hyperlinked to the Re 16 evidence cited below | utilizing the shadow docket for getting Justices to agree on an ultimate outcome may be more beneficial than issuing a hurried opinion a shadow docket ruling lower courts view as “signals.” | the Court needs flex ibility for matters that arise unexpectedly utilizing the nature of the shadow docket for purposes of simply getting the Justices to agree on an ultimate outcome may be more beneficial than issuing a hurried opinion a shadow docket ruling lower courts view as “signals.” | flex unexpectedly getting the Justices to agree on an ultimate outcome more beneficial hurried opinion ruling lower courts “signals.” | ['August Mustillo 21, law student at the Campbell University School of Law and serves as a Staff Writer for the Campbell Law Observer, “Shedding Light on the Supreme Court’s Shadow Docket,” Campbell Law Observer, 4-2-2021, http://campbelllawobserver.com/shedding-light-on-the-supreme-courts-shadow-docket/', 'Furthermore... | [
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8b22c1a0a30505369c240ad00cc2078c50c91b796aabff6080ef20ad51eed95b | That means the CP will be treated as binding. | null | Richard M. Re 16, Assistant Professor, UCLA School of Law, “Narrowing Supreme Court Precedent from Below,” SSRN Scholarly Paper, ID 2699607, Social Science Research Network, 2016, papers.ssrn.com, https://papers.ssrn.com/abstract=2699607 | When issuing “signals,” Justices act in official capacities without establishing conventional precedent, but indicate how courts should decide can arise in summary orders attributing precedential force to relatively informal actions Because it can occur through peripheral actions signaling is feasible because... | When issuing “signals,” Justices act in their official capacities without establishing conventional precedent, but nonetheless indicate how lower courts should decide signals can arise in summary orders are thus distinct from informal cues that arise outside of the traditional adjudicatory process, such as Justices’ s... | “signals,” official capacities conventional nonetheless indicate how lower courts should decide summary orders distinct informal outside majority of the Justices precedential force documented own docket informing nonjudicial actors what type of cases the Justices want to decide signal future cases actively shape docke... | ['When issuing “signals,” the Justices act in their official, adjudicatory capacities without establishing conventional precedent, but nonetheless indicate some aspect of how lower courts should decide cases.101 For example, signals can arise in summary orders, statements during oral argument, separate opinions, and di... | [
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dde742d4692f809ebacfa7ea6153530dcb5b951341ad3020a09c1bc911ec7c41 | Recent streamlining is improving resource allocation | null | Lindsay Kryzak 21, FTC Office of Public Affairs, “FTC Authorizes Investigations into Key Enforcement Priorities,” FTC, 7/1/21, https://www.ftc.gov/news-events/press-releases/2021/07/ftc-authorizes-investigations-key-enforcement-priorities | The F T C approve resolutions authorizing key enforcement priorities important in rethinking work of the FTC resolutions promote more holistic use of authorities With these the FTC can better utilize limited resources and fix market structures | The F T C voted to approve a series of resolutions authorizing investigations into key law enforcement priorities for the next decade. Specifically, the resolutions direct agency staff to use “compulsory process,” such as subpoenas, to investigate enforcement priorities the resolutions represent an important step in r... | F T C holistic better utilize limited resources move forward in earnest to fix market structures | ['The Federal Trade Commission voted to approve a series of resolutions authorizing investigations into key law enforcement priorities for the next decade. Specifically, the resolutions direct agency staff to use “compulsory process,” such as subpoenas, to investigate seven specific enforcement priorities. Priority tar... | [
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e7c7351b4acccdf0c717fd43687084814893cb4f274d47694ba2d6e9ec166d62 | Solves the case AND its claim of authority forces courts to accord Chevron deference to FTC rulemaking. | null | Royce Zeisler 14, J.D. Candidate 2014, Columbia Law School; B.S., B.A. 2012, University of British Columbia, “Chevron Deference and the FTC: How and Why the FTC Should Use Chevron to Improve Antitrust Enforcement Note,” Columbia Business Law Review, vol. 2014, no. 1, 2014, pp. 266–312 | FTC should use notice-and-comment rulemaking to regulate competition for the purpose of attaining Chevron in antitrust this allow FTC to fulfill its design to be norm-creators FTC and courts have neglected this balance and turned FTC into another enforcement agency As a result courts have been deprived of FTC's n... | In response to business practices , commentators are calling on the FTC Bureau of Competition to adopt previously rejected forms of regulation .' some argue that the FTC should use notice-and-comment rulemaking to regulate competition these proposals lack an in-depth consideration of Chevron deference the FTC should p... | business practices FTC rejected regulation use notice-and-comment rulemaking regulate competition Chevron deference should promulgate notice-and-comment regulations for the express purpose of attaining Chevron deference in antitrust litigation More litigation fulfill design norm-creators limited technocracy neglected ... | ['In response to modern business practices, commentators are calling on the Federal Trade Commission\'s ("FTC" or "Commission") Bureau of Competition to adopt two previously rejected forms of regulation.\' Most prominently, some argue that the FTC should ask courts to expand section 5 of the Federal Trade Commission Ac... | [
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b45f2f841df3c7de44196bddd6fb3350d98d5638f86005bc4b84b83356077cb4 | 2) EXPERTISE---Courts are incompetent due to the complexity of antitrust enforcement. Granting the FTC Chevron deference makes enforcement stronger. | null | Christian Carlson 14, Vanderbilt University, J.D.; University of Oxford, M.Sc. (forthcoming); Colorado College, B.A., served in various governmental offices, including with the Federal Trade Commission, the Washington State Attorney General's Office, the Tennessee Attorney General's Office, the Seattle City Attorney's ... | FTC should assert deference to protect FTC decisions from meddling the judiciary has yet to grant Chevron to protect FTC's role as experts would more likely receive Chevron if it used rulemaking it seems doubtful antitrust will get less technical complex, or opaque . The economy will grow more specialized economics w... | The FTC should assert Chevron deference to protect FTC expert decisions from judicial meddling and establish the technocratic institutional structure that Congress sought in 1914 antitrust law reached a "technical" tipping point in 1914 contrary to Congressional desires, the judiciary has charted a path to maintain th... | should assert Chevron deference to protect FTC expert decisions from judicial meddling technocratic institutional structure that Congress sought in 1914 "technical" tipping point judiciary same institutional role have grown procedural barriers substantive standards yet to grant the FTC Chevron deference FTC's experts ... | ['VI. CONCLUSION', 'The FTC should assert, and courts should grant, Chevron deference to protect FTC expert decisions from judicial meddling and to ultimately establish the technocratic institutional structure that Congress sought in 1914. Congress may have felt that antitrust law had reached a "technical" tipping poin... | [
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64ee0cb059772c26e2231a97962347af2206c73acc62b37f6be11e15f5f97ea7 | Jones and Kovacic is about FTCA Section 5 enforcement actions, NOT about rulemaking. | null | Alison THEIR AUTHORS Jones & William E. Kovacic 20, Alison Jones, King’s College London, London, United Kingdom; William E. Kovacic, King’s College London, George Washington University, and United Kingdom Competition and Markets Authority, “Antitrust’s Implementation Blind Side: Challenges to Major Expansion of U.S. Co... | One solution is for the FTC to rely on prosecution based on Section 5 the FTC undertook ambitious enforcement of claims predicated on Section 5 | One possible solution to rigidities that have developed in Sherman Act jurisprudence is for the FTC to rely more heavily on the prosecution based on Section 5 of the FTC Act In the 1970s, the FTC undertook an ambitious program to make the enforcement of claims predicated on the distinctive reach of Section 5 | FTC prosecution based on Section 5 of the FTC Act enforcement claims | ['One possible solution to rigidities that have developed in Sherman Act jurisprudence is for the FTC to rely more heavily on the prosecution, through its own administrative process, of cases based on Section 5 of the FTC Act and its prohibition of “unfair methods of competition.”93 This section allows the FTC94 to tac... | [
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