Jon W. Chung (Arizona State University) has posted Structural Defect Framework on SSRN. Here is the abstract:
Modern liability doctrine assumes harms arrive as isolated failures—bad actors, bad batches, or bad luck. It is poorly suited to structural defects: design choices fully controlled by upstream architects but invisible to downstream users. This Article introduces the Structural Defect Framework (SDF), a diagnostic tool for systems that preserve outward continuity while silently degrading normatively relevant signals. Across three case studies—adaptive bitrate streaming, AI model quantization, and Takata airbag propellants—the Article identifies a recurring morphology: a Fidelity Parameter is turned down upstream to optimize cost or performance, while Nominal Equivalence (stable labels like “4K” or “LegalEagle 2.0”) and Two-Axis Opacity conceal the degradation.
The result is an Observability Gap that renders the defect structurally invisible at the moment of reliance. Users and courts see stable surfaces; only the designer sees the attenuation. This Article develops the Transmissive (T-Arm) of the framework, which applies where a reference baseline (e.g., a studio master or FP16 weights) exists but is degraded. It defers the Proxy-Mediated (P-Arm) analysis—where no upstream master exists—to a companion piece. By making these architectural features legible as legal wrongs, the SDF provides a vocabulary to challenge harms that currently masquerade as optimization, random error, or inevitable friction.