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Driverless

A podcast that analyzes legal issues surrounding autonomous vehicles.

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Oxbotica Strives to Bring Autonomy to Any Industry

Any vehicle. Any time. Any environment. Universal autonomy is Oxbotica’s goal. On this episode of Driverless, Zach Adams and Tod Northman speak with Oxbotica’s Carolyn Coates, head of in-house legal for the UK-based autonomous driving software company. Founded in 2014 by Oxford professors, Oxbotica builds software for real-world application by drawing on principles of physics, robotics, math, and artificial intelligence. Ms. Coates explains how she helps Oxbotica navigate the regulatory and legal framework of autonomous vehicles and describes some of Oxbotica’s current initiatives.

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Ethical Dilemmas Raised by Autonomous Vehicles Part 1

Proponents of autonomous vehicles tout myriad possible benefits ranging from dramatically increased safety to increased mobility for people who are unable to drive; however, autonomous vehicles will not come without tradeoffs. In the first of a two-part discussion, Cleveland State University Professor Robert A. Simons, Tucker Ellis associate Jeffry Carr, and Tod Northman – a transactional lawyer at Tucker Ellis – discuss ethical challenges that AVs will raise as the technology improves.

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VC-Backed Developer Explores Carless Multifamily Development in Tempe

Calling itself the “world’s first post-car real estate developer” and armed with venture capital cash from the Silicon Valley, Culdesac has teamed with an experienced Phoenix metropolitan area real estate developer to launch the first car-less residential project in the United States: Culdesac Tempe. Based on urban planning principles derived from European cities such as Brussels, where cars are de-emphasized, Culdesac Tempe is “building spaces for the post-car era.” Culdesac Tempe’s residents “will be able to live life from their doorsteps, rather than seeing it through their windshields.” Driverless host Zach Adams analyzes the planned community with Robert Simons, Professor at the Levin School of Urban Affairs at Cleveland State University, and Tod Northman, a business lawyer at Tucker Ellis. Together they explore how the project fits within the trends of autonomous vehicles and micromobility.

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Resources

Home

https://www.bizjournals.com/phoenix/news/2019/11/20/san-francisco-developer-plans-car-less-community.html

https://www.forbes.com/sites/carltonreid/2019/02/21/wealth-guru-plans-dutch-style-car-free-bicycle-friendly-city-near-boulder-colorado/#7969be29d91d

https://culdesac.com/

https://www.azfamily.com/news/residents-cars-car-free-neighborhood-coming-to-tempe/article_8fe2d44e-0b14-11ea-bab3-0b018ab9cd18.html

Kusisto, Laura, “New Arizona Development Bans Residents From Bringing Cars,” Wall St. Journal, November 19, 2019

Hoehn, Christopher G, et al., “Valley of the sun-drenched parking space: The growth, extent, and implications of parking infrastructure in Phoenix,”

https://www.vox.com/a/new-economy-future/cars-cities-technologies

https://oldurbanist.blogspot.com/2011/12/we-are-25-looking-at-street-area.html?_sm_au_=iVVP2W2LBRlr4WmQ

No Parking! Driverless vehicles’ effect on urban development

Driverless vehicles will reshape urban development. Robert A. Simons, Professor at the Maxine Goodman Levin College of Urban Affairs at Cleveland State University, delves into the myriad factors – such as drivers foregoing ownership of vehicles to use shared vehicles and reduce travel times – that will change parking and land use in America’s urban core. Professor Simons’s book, which covers both technical and behavioral issues arising from autonomous vehicles, is scheduled to be released in Spring 2020. He shares some of the salient lessons from his research with Tod Northman, a partner in the business group at Tucker Ellis and a co-founder of the autonomous vehicle and artificial intelligence technologies group. 

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Is Federal Regulation Necessary for the Deployment of Autonomous Vehicles in the United States?

Autonomous vehicle developers, such as GM and Waymo, have submitted comments to the National Highway Traffic Safety Administration (NHTSA) that encourage the agency to establish new guidelines for autonomous vehicles that lack a steering wheel and gas/brake pedals.  NHTSA asked automotive manufacturers and other autonomous vehicle technology companies to submit comments regarding changing regulations to include specific framework for AVs. In their comments, several commenters encouraged new rules for vehicles without a traditional steering wheel or brake and gas pedals.  Host Zach Adams, litigator Jon Feczko, and transactional lawyer Tod Northman discuss whether the absence of federal government regulation is delaying development.  Jon and Zach suggest that we wait for public support for AV increases; Tod believes that NHTSA’s continuing current work to promulgate regulation is critical.

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Resources

Karol, Thomas, National Association of Mutual Insurance Companies Comment to NHTSA Rulemaking, July 29, 2019 (MX-5070V_20190729_065141).

Karol, Tom, Validating Safety: The Next Phase in Developing Automated Driving Systems, NAMIC Advocacy, May 2018.

McEachern, Sam, GM Encourages NHTSA To Set New Safety Standards For AVs Without Controls.  

National Highway Transportation Safety Board, Advance Notice of Proposed Rulemaking, Removing Regulatory Barriers for Vehicles With Automated Driving Systems
Show Notes, filed May 23, 2019.

Show Notes

1:20    First impressions of request for comment to proposed rulemaking
2:10    Considering the immediacy of NHTSA’s rulemaking
4:27    Will public sentiment impact rule making?
6:50    Role of comments in educating legislators and rulemakers
9:23    Distinguishing between legislation and rulemaking
11:49    Does autonomous vehicle development depend on NHTSA promulgating new rules?
21:45    Critiquing the safety case for autonomous vehicles 

Sustainable and Affordable Mobility and Power for All

Host Zach Adams digs into global mobility with Dr. Chris Borroni-Bird, the founder of Afreecar LLC, which aims to provide solar-powered vehicles to African villages.  Dr. Borroni-Bird’s particular interest is the fusion of technology and design, producing for example a “skateboard” vehicle.  This far-ranging discussion covers the future of mobility. Before founding Afreecar, Dr. Borroni-Bird was Chief Engineer of Future Programs at Waymo  and had a half-time appointment at MIT Media Lab, with a focus on the development and commercialization of a solar-powered mobility hub that could be applied to all communities around the world, ranging from sub-Saharan African villages to affluent megacities.  Before that, Dr. Borroni-Bird was Qualcomm’s VP of Strategic Development, where he focused on reshaping transportation around the convergence of wireless power and wireless communications.  He also served as GM’s Director of Advanced Technology Vehicle Concepts and EN-V Program (Electric Networked-Vehicle, left). He was named one of Automotive News’s Electrifying 100 in 2011. Before the EN-V, he led GM’s Autonomy, Hy-wire and Sequel “skateboard” concepts.  Before joining GM, he led Chrysler’s gasoline fuel cell vehicle development and was inducted into the Automotive Hall of Fame as a Young Leader in 2000.

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Further Reading

https://afreecar.org/about/

http://www.nxtbook.com/nxtbooks/sae/18AUTP01/index.php#/28

https://www.forbes.com/sites/samabuelsamid/2016/05/23/the-father-of-the-skateboard-chassis-dr-chris-borroni-bird/#2bc6d9c07b30

https://www.drivesweden.net/sites/default/files/content/resource/files/afreecar_-_chris_borroni-bird__0.pdf

Show Notes

1:00 – Chris’s unexpected path to Autonomous Vehicles. 
3:30 – GM Autonomy, Design in Technology-Fusion, and Chris’s vision for the intersection of technology and design.
6:21 – The potential functional and safety benefits of electric skateboard-type vehicles.
9:15 – Crashworthiness of electric vehicles.  
10:47 – Chris’s time at QUALCOMM and the promise of V2X communications. 
15:51 – The costs and benefits to manufacturers for deploying and subsidizing V2X technology. 
18:21 – Chris’s time at Waymo.
20:01 – The birth of Afreecar. 
24:11 – The “solar kit,” its flexibility and its potential applications. 
29:31 – Realizing Afreecar’s altruistic mission.

How Novel Is Tort Liability for Autonomous Vehicles? – Part 2

In this episode of Driverless, Tod Northman and Emmanuel Sanders continue their discussion with Professor Mark Geistfeld, the Sheila Lubetsky Birnbaum Professor of Civil Litigation at the NYU School of Law, about his groundbreaking performance-based approach to liability for and regulation of Autonomous Vehicles. Professor Geistfeld discusses the “regulatory sweet-spot” for Autonomous Vehicles, and the kinds of claims manufacturers and programmers can expect during this wave of Autonomous Vehicle deployment. Professor Geistfeld further addresses the “bystander problem” and suggests that the problem is not unique to Autonomous Vehicles, but one that transcends all areas of tort.

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Further Reading

Mark Geistfeld, “A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation,” 105 Cal. L. Rev. 1611 (2017)
Mark Geistfeld, “The Regulatory Sweet Spot for Autonomous Vehicles,” 53 Wake Forest L. Rev. 101 (2018).
Mark Geistfeld, “How Liable Should Driverless-Car Companies Be for Accidents?,” Time, Apr. 16, 2018, at 13.
Mark Geistfeld, Tort Law and Alternatives: Cases and Materials (Foundation Press 10th ed., 2016) (with Marc A. Franklin, Robert L. Rabin and Michael D. Green).
Mark Geistfeld, Products Liability Law (Wolters Kluwer Law & Business, 2012),
Mark Geistfeld, Principles of Products Liability (Foundation Press; Thomson Reuters 2d., 2011; 1st ed., 2006).
Mark Geistfeld, Tort Law: The Essentials (Wolters Kluwer Law & Business; Aspen Publishers, 2008).
Professor Geistfeld’s biography

Show Notes

0:41    Benefits of federal regulation over regulation by tort.
5:30    Regulatory performance standards promote safety and innovation. 
8:41    Exposure to liability based on claims by AV manufacturers/countering user complacency.  
12:36    Appropriate standard for liability with regard to monitoring driver complacency. 
14:40    Issues relating to commercial car sharing. 
16:31    Claims by passengers in AVs against manufacturers.
17:21    Manufacturer/programmer liability to bystanders.

How Novel Is Tort Liability for Autonomous Vehicles? – Part 1 of 2

On this episode of Driverless Tod Northman and Emmanuel Sanders interview Professor Mark Geistfeld, the Sheila Lubetsky Birnbaum Professor of Civil Litigation at the NYU School of Law, about his groundbreaking performance-based approach to liability for and regulation of Autonomous Vehicles. Professor Geistfeld discusses the shortcomings of earlier approaches to Autonomous Vehicle liability, and the benefits of adopting a commonsense, performance-based approach. Professor Geistfeld further advocates for adoption of a performance-based regulatory framework, which will provide certainty to manufacturers and users of Autonomous Vehicles without hampering the innovation and improvement of this life-saving technology. 
 

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Further Reading

Mark Geistfeld, “A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation,” 105 Cal. L. Rev. 1611 (2017)
Mark Geistfeld, “The Regulatory Sweet Spot for Autonomous Vehicles,” 53 Wake Forest L. Rev. 101 (2018)
Mark Geistfeld, “How Liable Should Driverless-Car Companies Be for Accidents?,” Time, Apr. 16, 2018, at 13
Mark Geistfeld, Tort Law and Alternatives: Cases and Materials (Foundation Press 10th ed., 2016) (with Marc A. Franklin, Robert L. Rabin and Michael D. Green)
Mark Geistfeld, Products Liability Law (Wolters Kluwer Law & Business, 2012)
Mark Geistfeld, Principles of Products Liability (Foundation Press; Thomson Reuters 2d., 2011; 1st ed., 2006)
Mark Geistfeld, Tort Law: The Essentials (Wolters Kluwer Law & Business; Aspen Publishers, 2008)

Professor Geistfeld’s biography

Show Notes

1:34    Professor Geistfeld’s initial Interest in AV.
3:36    Misguided approach of other scholars – Rebuilding tort from the ground up. 
6:23    Misguided approach of other scholars – Analyzing AV from the perspective of traditional motor vehicle accidents (reasonable driver standard).  
8:35    Adopting a system-wide performance-based approach to AV liability. 
12:06    What standard do we use to compare relative safety of autonomous vehicles?
13:04    Adopting a performance-based approach to regulating AV.
15:4    The benefits of more robust performance-based regulation/The pitfalls of not adopting more robust federal regulation. 
19:51    Developing a standard for performance-based liability/regulation – Requiring AV to perform twice as safely as human drivers.

AEye’s Different Vision for AV – Part 2 of 2

Blair LaCorte is president of AEye, a pioneer in artificial perception systems. Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Mr. LaCorte about AEye’s systems based approach to artificial intelligence and perception, inspired by how the human visual cortex conceptually focuses on and evaluates the environment around a vehicle, driving conditions, and road hazards. By actively scanning the surrounding environment with a combination of LiDAR and cameras, AEye offers a unique and efficient paradigm for driverless technology.

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Resources
Blair LaCorte Named President of AEye

Professional Biography of Blair LaCorte

AEye’s website

Show Notes

0:44- The surprising challenge of AV safety
2:35- The migration of technology from autonomous vehicles to assisted driving
4:30- The rise of “mobility on demand”
6:30- The immediate future of autonomous vehicles 
10:50- How autonomous vehicles will change business and society
15:00- AV’s effects on economics of car ownership
16:30- Effect of “holdouts” on AV
17:30- AV’s effect on infrastructure

AEye’s Different Vision for AV

Part 1 of 2

Blair LaCorte is president of AEye, a pioneer in artificial perception systems. Jay Campbell, co-founder of Tucker Ellis’s autonomous vehicle and intellectual property group and an intellectual property trial lawyer, interviews Mr. LaCorte about AEye’s systems based approach to artificial intelligence and perception, inspired by how the human visual cortex conceptually focuses on and evaluates the environment around a vehicle, driving conditions, and road hazards. By actively scanning the surrounding environment with a combination of LiDAR and cameras, AEye offers a unique and efficient paradigm for driverless technology.

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Resources

Blair LaCorte Named President of AEye

Professional Biography of Blair LaCorte

AEye’s website

Show Notes
5:50 – AEye’s unique approach to artificial perception through biomimicry of human visual cortex
6:10 – Active v. passive scanning
7:45 – Benefits of “intelligent scanning”
12:00 – The human visual cortex and its ability to process spacial and temporal data
13:50 – The visual cortex’s preprocessing of sense data
15:00 – AEye’s systems-based approach incorporating cameras and LiDAR
20:40 – The mechanics of LiDAR
21:30 – Meshing cameras and LiDAR
23:00 – Intelligent Detection and Ranging (iDAR) and active scanning
25:00 – The industry today and the limits of passive scanning