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108 Law Libr. J. 301 (2016)
Climate Change Litigation: Regulatory Pathways to Cleaner Energy

handle is hein.journals/llj108 and id is 295 raw text is: 
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provenance and  accuracy), the outputs (data and predictions), or the intermediate
decisions used to reach those particular predictions.
    ¶78 Pasquale also convincingly demonstrates why the black boxes need to be
inspected, showing how  biases and inaccuracies can become embedded   in algo-
rithms. Pasquale's explanations give readers ample reason to be skeptical of deci-
sions or factual assertions generated by proprietary algorithms. He importantly
points out that data are not inherently neutral or objective; they can be based on
biased sources. Data can also be corrupted, of unknown or untrustworthy prove-
nance, or just impossible to meaningfully generalize. Scientific methodologies are
commonly   misapplied to social situations, producing predictions of dubious value.
All of these factors can combine to create some potentially shoddy algorithmic
outputs.
    179 Pasquale's masterful explanation is evenhanded and never tendentious, but
is coupled throughout with impassioned and well-reasoned arguments for opening
the black boxes and making  the algorithms intelligible in the name of corporate
accountability. The closing chapters offer proposals for building a transparent and
intelligible society: regulating important information and finance infrastructure
like public utilities, individual data rights, data provenance standards, data use
regulation, and hiring private-sector expertise to oversee complex regulatory com-
pliance. He makes a strong case for a paradigm shift in our fundamental informa-
tion economy, suggesting intriguing public alternatives to private information and
finance infrastructures, and new ways for these important industries to better fur-
ther the public good. The Black Box Society is a first-rate work of synthesis, combin-
ing ideas from law and economics, interpretive social science, science studies, and
the philosophy of technology into an essential study of the political economy of
information.

Peel, Jacqueline, and Hari M. Osofsky. Climate Change Litigation: Regulatory Path-
    ways to Cleaner Energy. Cambridge: Cambridge  University Press, 2015. 376p.
    $99.
                         Reviewed by Mark Popielarski*
    980 Concerns regarding carbon emissions and their potential impact on global
temperatures, the ecosystem, and the planet's continued habitability have spurred a
significant increase in efforts by politicians, diplomats, business entities, and activ-
ists to tackle this issue through many different approaches, including treaties, stat-
utes, regulations, and public education. Climate Change  Litigation: Regulatory
Pathways  to Cleaner Energy explores how environmentalists may use a country's
domestic court system to change existing laws or influence policy decisions. While
this approach is not commonly  used in most countries where other mechanisms
provide  more  effective approaches for changing domestic climate-related laws,
Jacqueline Peel and Hari M. Osofsky  focus their research and discussion on two
major  fossil fuel and carbon-producing countries that have witnessed significant
efforts to alter existing laws through litigation: the United States and Australia.

     * @ Mark Popielarski, 2016. Research/Reference Law Librarian, Westminster Law Library,
University of Denver Strum College of Law, Denver, Colorado.


Vol. to8:2 [2016-131


301

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