Law Commons^™

The Disembodied First Amendment, Nathan Cortez, William M. Sage

Faculty Scholarship

First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …

Happy Birthday Siri! Dialing In Legal Ethics For Artificial Intelligence, Smartphones, And Real Time Lawyers, Jan L. Jacobowitz

Texas A&M Journal of Property Law

This Article explores the history of AI and the advantages and potential dangers of using AI to assist with legal research, administrative functions, contract drafting, case evaluation, and litigation strategy. This Article also provides an overview of security vulnerabilities attorneys should be aware of and the precautions that they should employ when using their smartphones (in both their personal and professional lives) in order to adequately protect confidential information. Finally, this Article concludes that lawyers who fail to explore the ethical use of AI in their practices may find themselves at a professional disadvantage and in dire ethical straits.

The …

Ethics Of Using Artificial Intelligence To Augment Drafting Legal Documents, David Hricik, Asya-Lorrene S. Morgan, Kyle H. Williams

Texas A&M Journal of Property Law

This article focuses on the second step in the due diligence process. While it addresses the question of competency, it focuses more on the further steps a lawyer must take to ensure that the use of the service as part of the representation of a client is consistent with the lawyer’s other ethical obligations. While it is important to emphasize that competency requires that the lawyer must be able to assess whether the work product is comparable to what a human would produce, competency is of course a fact-depending inquiry: whether a will is competently drafted turns on the standard …