Doctrine

About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.

The Traditional Doctrine of Divine Simplicity

Abstract: Traditionally God has been considered absolutely simple. Some contemporary philosophers argue that this means that God is His attributes and hence is mere quality, and that all the divine attributes name exactly the same quality, which is incoherent. However, the contemporary debate misunderstands the tradition. God is not quality, He is act. Analogies from human experience can minimize the initial implausibility. There are worrisome corollaries to this doctrine, the most troubling being that God's nature is somehow dependent on the choices of His free creatures. This conclusion, though radical, is not as shocking as it appears.

Informed Consent and Medical Artificial Intelligence: What to Tell the Patient?

Abstract: Imagine you are a patient who has been diagnosed with prostate cancer. The two main approaches to treating it in the United States are active surveillance versus the surgical option of radical prostatectomy. Your physician recommends the surgical option, and spends considerable time explaining the steps in the surgery, the benefits of (among other things) eliminating the tumor and the risks of (among other things) erectile dysfunction and urinary incontinence after the surgery. What your physician does not tell you is that she has arrived at her recommendation of prostatectomy over active surveillance based on the analysis of an Artificial Intelligence (AI)/Machine Learning (ML) system, which recommended this treatment plan based on analysis of your age, tumor size, and other personal characteristics found in your electronic health record. Has the doctor secured informed consent from a legal perspective? From an ethical perspective? If the doctor actually chose to “overrule” the AI system, and the doctor fails to tell you that, has she violated your legal or ethical right to informed consent? If you were to find out that the AI/ML system was used to make recommendations on your care and no one told you, how would you feel? Well, come to think of it, do you know whether an AI/ML system was used the last time you saw a physician? This Article, part of a Symposium in the Georgetown Law Journal, is the first to examine in depth how medical AI/ML interfaces with our concept of informed consent. Part I provides a brief primer on medical Artificial Intelligence and Machine Learning. Part II sets out the core and penumbra of U.S. informed consent law and then seeks to determine to what extent AI/ML involvement in a patient’s health should be disclosed under the current doctrine. Part III examines whether the current doctrine “has it right,” examining more openly empirical and normative approaches to the question. To forefront my conclusions: while there is some play in the joints, my best reading of the existing legal doctrine is that in general, liability will not lie for failing to inform patients about the use of medical AI/ML to help formulate treatment recommendations. There are a few situations where the doctrine may be more capacious, which I try to draw out (such as when patients inquire, when the medical AI/ML is more opaque, when it is given an outsized role in the final decision-making, or when the AI/ML is used to reduce costs rather than improve patient health), though extending it even here is not certain. I also offer some thoughts on the question: if there is room in the doctrine (either via common law or legislative action), what would it be desirable for the doctrine to look like when it comes to medical AI/ML? I also briefly touch on the question of how the doctrine of informed consent should interact with concerns about biased training data for AI/ML.

The First Amendment

Abstract: Written by a leading national scholar, Farber's coverage of the First Amendment is clear and incisive All of the major areas of this complex doctrine are reviewed, including the religion clauses The text also probes theories of free speech and debates over controversial issues such as campaign finance, hate speech, and religious exemptions

Ethical and Legal Aspects of Managing Corporate Cultures

Abstract: This article evaluates managers' attempts to shape their corporate cultures in relation to two aspects of fairness in employment relationships: job security and equitable treatment. Both of these aspects are becoming particularly important given the revisions to the traditional employment-at-will doctrine. Statements of corporate values are increasingly being recognized as creating contractual obligations, while concepts of equitable treatment have also been expanded. An appreciation of fairness principles is becoming more important to managers since courts and juries are integrating ethical and societal values into legal judgments about employment relationships.

In Defence of Due Deference

Abstract: The doctrine of deference permeates human rights review. It plays a role in defining Convention rights, in determining the nature of the proportionality test applied when analysing non-absolute rights, as well as in deciding the stringency of its application. The role of deference has recently been subjected to both judicial and academic criticism, some of which advocates the demise of the doctrine. This article develops a contextual account of deference that is justified for epistemic reasons, rather than reasons of relative authority. This conception is able to withstand current criticism and is modest enough to play a role in a range of different justifications and understandings of judicial review under the Human Rights Act. The article then provides a more detailed account of deference, taking account of the relative institutional features of the legislature, executive and judiciary, without running the risk that the court fails to perform its constitutional function of protecting individual rights.