An official website of the United States government
Lawmakers have started to regulate “dark patterns,” understood to be design practices meant to influence technology users’ decisions through manipulative or deceptive means. Most agree that dark patterns are undesirable, but open questions remain as to which design choices should be subjected to scrutiny, much less the best way to regulate them. In this Article, we propose adapting the concept of dark patterns to better fit legal frameworks. Critics allege that the legal conceptualizations of dark patterns are overbroad, impractical, and counterproductive. We argue that law and policy conceptualizations of dark patterns suffer from three deficiencies: First, dark patterns lack a clear value anchor for cases to build upon. Second, legal definitions of dark patterns overfocus on individuals and atomistic choices, ignoring de minimis aggregate harms and the societal implications of manipulation at scale. Finally, the law has struggled to articulate workable legal thresholds for wrongful dark patterns. To better regulate the designs called dark patterns, lawmakers need a better conceptual framing that bridges the gap between design theory and the law’s need for clarity, flexibility, and compatibility with existing frameworks. We argue that wrongful self-dealing is at the heart of what most consider to be “dark” about certain design patterns. Taking advantage of design affordances to the detriment of a vulnerable party is disloyal. To that end, we propose disloyal design as a regulatory framing for dark patterns. In drawing from established frameworks that prohibit wrongful self-dealing, we hope to provide more clarity and consistency for regulators, industry, and users. Disloyal design will fit better into legal frameworks and better rally public support for ensuring that the most popular tools in society are built to prioritize human values.
more »
« less
Self-Help, Reimagined
We will never have enough lawyers to serve the civil legal needs of all low and moderate income (LMI) individuals who must navigate civil legal problems. A significant part of the access to justice toolkit must include self-help materials. That much is not new; indeed, the legal aid community has been actively developing pro se guides and forms for decades. But the community has hamstrung its creations in two major ways: first, by focusing these materials almost exclusively on educating LMI individuals about formal law, and second, by considering the task complete once the materials have been made available to self-represented individuals. In particular, modern self-help materials fail to address many psychological and cognitive barriers that prevent LMI individuals from successfully deploying the substance of the materials. In this Article we make two contributions. First, we develop a theory of the obstacles LMI individuals face when attempting to deploy professional legal knowledge.Second, we apply learning from fields as varied as psychology, public health education,artificial intelligence, and marketing to develop a framework for how courts, legal aid organizations, law school clinics, and others might reconceptualize the design and delivery of civil legal materials for unrepresented individuals. We illustrate our framework with examples of reimagined civil legal materials.
more »
« less
- Award ID(s):
- 1421501
- PAR ID:
- 10067798
- Date Published:
- Journal Name:
- Indiana law journal
- Volume:
- 92
- Issue:
- 3
- ISSN:
- 0019-6665
- Page Range / eLocation ID:
- 1119-1173
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
More Like this
-
-
Abstract Background Substance use disorders (SUDs) represent major public health concerns and are linked to enhanced risk of legal consequences. Unresolved legal issues may prevent individuals with SUD from completing treatment. Interventions aimed at improving SUD treatment outcomes are limited. Filling that gap, this randomized controlled trial (RCT) tests the ability of a technology-assisted intervention to increase SUD treatment completion rates and improve post-treatment health, economic, justice-system, and housing outcomes. Methods A randomized controlled trial with a two-year administrative follow-up period will be conducted. Eight hundred Medicaid eligible and uninsured adults receiving SUD treatment will be recruited at community-based non-profit health care clinics in Southeast, Michigan, USA. Using an algorithm embedded in a community-based case management system, we randomly assign all eligible adults to one of two groups. The treatment/intervention group will receive hands-on assistance with a technology aimed at resolving unaddressed legal issues and the control group receives no treatment. Upon enrollment into the intervention, both treatment ( n = 400) and control groups ( n = 400) retain traditional options to resolve unaddressed legal issues, such as hiring an attorney, but only the treatment group is targeted the technology and offered personalized assistance in navigating the online legal platform. To develop baseline and historical contexts for participants, we collect life course history reports from all participants and intend to link those in each group to administrative data sources. In addition to the randomized controlled trial (RCT), we used an exploratory sequential mixed methods and participatory-based design to develop, test, and administer our life course history instruments to all participants. The primary objective is to test whether targeting no-cost online legal resources to those experiencing SUD improves their long-term recovery and decreases negative health, economic, justice-system, and housing outcomes. Discussion Findings from this RCT will improve our understanding of the acute socio-legal needs faced by those experiencing SUD and provide recommendations to help target resources toward the areas that best support long-term recovery. The public health impact includes making publicly available a deidentified, longitudinal dataset of uninsured and Medicaid eligible clients in treatment for SUD. Data include an overrepresentation of understudied groups including African American and American Indian Alaska Native persons documented to experience heightened risk for SUD-related premature mortality and justice-system involvement. Within these data, several intended outcome measures can inform the health policy landscape: (1) health, including substance use, disability, mental health diagnosis, and mortality; (2) financial health, including employment, earnings, public assistance receipt, and financial obligations to the state; (3) justice-system involvement, including civil and criminal legal system encounters; (4) housing, including homelessness, household composition, and homeownership. Trial registration Retrospectively registered # NCT05665179 on December 27, 2022.more » « less
-
Abstract This paper provides an overview of the societal impact of a rising dementia population and examines the legal and ethical implications posed by voluntary registries as a community-oriented solution to improve interactions between law enforcement and individuals with dementia. It provides a survey of active voluntary registries across the United States, with a focus on Arizona, which has the highest projected growth for individuals living with dementia in the country.more » « less
-
Abstract How can the NGO–NGO interactions of Global South organizations be better understood and improved? Global South nongovernmental organizations (NGOs) have been frequently missing from the overall advocacy network. When they are included, global South organizations are less likely to take on brokerage roles that may help them build connections and resources across communities. Instead, if they are included, Global South NGOs often are relegated to less powerful, intra-community brokerage roles. Drawing on Deloffre and Quack’s framework (Chapter 1, this volume), Chapter 6 examines the top Global South NGOs that have been able to overcome exclusionary structures and forge inter-community brokerage connections to other NGOs. A deeper look at these organizations and the structures where they are embedded can help to gain insights into the transformative nature of NGO–NGO interactions. The chapter finds that certain country, community, and organizational factors help some Global South NGOs develop connections outside of their immediate community. A focus on these factors may help innovation and protect against a civil society backlash.more » « less
-
The experiment-centric pedagogy (ECP) teaching approach is a less cumbersome way of introducing core and fundamental topics in STEM through relevant practical and hands-on sessions that are carefully incorporated into lectures. The philosophy of ECP is that students learn better by doing. Hence, it promotes the practical implementation of fundamental theories in STEM fields by using inexpensive basic elements to develop portable but extremely effective units for use by these students. The portability of these units enables these students to conduct these experiments in the comfort of their homes, while their low cost makes it highly affordable. With carefully curated experiments across different departments such as Electrical, Civil, Physics, and Computer Science, ECP has been able to develop informative experiments to calculate impedance and transient current in RLC circuits buttressing the concept of ohm’s law in electrical engineering and physics, combinational and sequential circuits such as adders, multiplexer, subtractors, decoders, counters, and shift-registers in computer Science. ECP also implemented data acquisition systems alongside experiments to demonstrate Hooke’s law with respect to stress/strain on a flat metal bar and measurement of the pressure of a thin-walled cylindrical vessel in civil engineering. These experiments help students develop a good understanding of these concepts, which are the building blocks of their respective fields. Early results of ECP have shown that there has been a significant improvement in students' interest in these STEM courses.more » « less
- Free Publicly Accessible Full Text
-
Accepted Manuscript1.0
- Journal Article:
- The DOI is not currently available.
