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With AI rapidly being deployed in health care, a “move fast and break things” mentality has permeated the industry, raising complex questions about the role of the U.S. Food and Drug Administration in regulating these technologies, says Sara Gerke, the Richard W. & Marie L. Corman Scholar at the College of Law.

“The big issue here is the relationship between state and federal law, which we’re seeing in Utah, where the state has become a testing ground for so-called AI sandboxes that companies can use to experiment,” said Gerke, also a professor at the European Union Center at Illinois. “The idea behind it is to test these AI medical tools before they are completely developed. But even that is legally questionable. The existence of mitigation agreements and waivers under state law doesn’t automatically render the use of unproven medical technology lawful at the federal level.”

Read more at news.illinois.edu.

Professor and tax law expert Richard Kaplan says that the president’s remarks about Medicare, in particular, rest on a fundamental misunderstanding of how the program is financed.

“Medicare is almost entirely funded by the federal government through payroll taxes paid by almost all employees, the great majority of self-employed persons, and most employers; premiums paid by program enrollees; and general federal funds,” Kaplan said. “States have no role of any consequence.”

Read the full article at nysun.com.

“When responding to records requests, there is a strong presumption of openness and liberal access to public records,” wrote the judge.  “[T]he DOJ has not met its burden to show that this is an ‘exceptional case’ warranting nondisclosure.”  The judge concluded that DOJ’s denial “was not the product of a genuine, case-by-case balancing analysis, but rather a habitual denial based on [its] past inability to garner compliance from local agencies.”

The suit was brought by The Badger Project and Invisible Institute.  The media organizations are represented by the Wisconsin Transparency Project and the University of Illinois College of Law First Amendment Clinic.

The Badger Project is a nonpartisan journalism nonprofit that focuses on and investigates government, politics, and related matters in Wisconsin. Invisible Institute is a nonprofit public accountability journalism organization based in Chicago.  Both organizations have litigated cases seeking police records and written extensively about law enforcement issues, particularly the problem of “wandering officers” who jump agencies to avoid discipline.

The Badger Project and Invisible Institute asked for officers’ names, birth years or ages, zip code, and work history.  Most states release this information, but have not experienced any significant problems caused by making the information public.  The request did not ask for home addresses.

Both organizations have reported on the lawsuit:

Wisconsin Is in the Minority of States Shielding Police Data.  We’re Suing to Change that

‘Wisconsin does not, and should not, have secret police’ – The Badger Project sues state DOJ for full list of law enforcement officers

“Courts have ruled time and time again that speculative fears of harm do not justify withholding government records from the public,” said Tom Kamenick, president of the Wisconsin Transparency Project.  “Government officials must do more than merely claim that, hypothetically, something bad might happen if the records are released.  Rather, they must show that harm is likely to occur and is sufficiently serious to overcome the presumption of access to government records.  DOJ could not do that here.”

“We are incredibly proud to have represented the Invisible Institute in this critical fight for accountability,” said Lena Shapiro, Director of the First Amendment Clinic. “Securing this victory took three years of sustained effort, with nine students and two fellows from the First Amendment Clinic pouring their energy into this matter to ensure that the public’s right to know prevailed over blanket government secrecy.”

The Clinic students handled discovery, including resolving disputes and taking depositions, and briefed the successful motion for summary judgment, which was ultimately argued in January by advanced student Gabriela De La Llana.For a copy of the complaint, contact the First Amendment Clinic at the University of Illinois College of Law at law-firstamend@illinois.edu.

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Professor and bankruptcy expert Bob Lawless, who has written a paper on arbitration and bankruptcy, says that unless amended or repealed, courts should follow both statutes.

Speaking to Bloomberg, he said, “You’ve got to look and say, ‘For this matter in this arbitration agreement, is this subject to arbitration, and does the arbitral demand conflict with a command in the bankruptcy code?’”

Read the full story in Bloomberg.

“I think it’s remarkable that Utah has found a way through what has just been a slog with the rest of the country,” Wilson said. “We don’t have to be divided about these things that are so deeply personal to us, like our identity or how we choose to love. People, you know, can find a way to protect everybody in the same law.”

Read more at ksl.com, fox13now.com, and deseret.com.

Professor Keenan joined the University of Illinois College of Law faculty in 2001. He is an expert in human rights and international law, and he holds campus appointments not only at the College of Law but also at the Center for Global Studies, Center for African Studies, and the Lemann Center for Brazilian Studies. He has published articles and book chapters on a variety of issues, including the U.S. drone program, human trafficking and tourism, and international criminal law and conflict minerals, and he is the co-author of “The International Criminal Court in a Nutshell.” His work has appeared in leading law reviews, and he has been quoted in numerous prominent media outlets. Professor Keenan’s scholarship has also been cited in the United States Supreme Court and other federal courts. Prior to his time in academia, Professor Keenan defended indigent criminal defendants facing the death penalty in Georgia and Alabama at trial, on appeal, and in habeas proceedings as an attorney with the Southern Center for Human Rights. His full bio is available on his faculty profile page.

Professor Keenan’s endowed position was made possible through the thoughtful planning and a generous estate donation of Albert E. Jenner, Jr. ’30 in honor of Dean Harno. Dean Albert J. Harno served as a Professor of Law at the University of Illinois from 1921-1957 and was the dean of the College from 1922-1957, overseeing the College’s move from Altgeld Hall to the current College of Law building in 1955. At the campus level, he served as University Provost from 1931-1944.  Dean Harno was also one of the leading scholars in the field of criminal law, producing a critical chapter entitled “The Supreme Court, In Felony Cases” in the 1929 Illinois Crime Survey, along with bringing forth the texts, “Sentencing and Parole in Illinois” and “Cases and Materials on Criminal Law and Procedure.” 

Watch the full investiture ceremony on our YouTube page.