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2022

Artificial intelligence

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Full-Text Articles in Law

Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella Dec 2022

Automated Government For Vulnerable Citizens: Intermediating Rights, Sofia Ranchordás, Luisa Scarcella

William & Mary Bill of Rights Journal

Filing tax returns or applying for unemployment benefits are some of the most common government transactions. Yet interacting with tax and social security authorities is for many a source of government anxiety. Bureaucracy, regulatory delays, and the complexity of the administrative legal system have been regarded for decades as the key reasons for this problem. Digital government promised a solution in the shape of simplified forms, electronic filing, and better communication with citizens. In the United States, privately developed software systems such as TurboTax and MiDAS emerged as intermediaries between citizens and digital government, selling convenience and efficiency. These systems …

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Big Data Affirmative Action, Peter N. Salib Nov 2022

Big Data Affirmative Action, Peter N. Salib

Northwestern University Law Review

As a vast and ever-growing body of social-scientific research shows, discrimination remains pervasive in the United States. In education, work, consumer markets, healthcare, criminal justice, and more, Black people fare worse than whites, women worse than men, and so on. Moreover, the evidence now convincingly demonstrates that this inequality is driven by discrimination. Yet solutions are scarce. The best empirical studies find that popular interventions—like diversity seminars and antibias trainings—have little or no effect. And more muscular solutions—like hiring quotas or school busing—are now regularly struck down as illegal. Indeed, in the last thirty years, the Supreme Court has invalidated …

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Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen Nov 2022

Deepfake Fight: Ai-Powered Disinformation And Perfidy Under The Geneva Conventions, David Nicholas Allen

Notre Dame Journal on Emerging Technologies

Deception and disinformation are as much a part of the battlefield as bullets and bombs. However, just like with bullets and bombs, if the law does not properly regulate a capability’s use the capability could degrade faith in the law. In this respect, this paper examines deepfake technology, a modern artificial intelligence-based capability that can generate superficially-perfect yet wholly invented media content. The paper looks ahead to its potential future applications in armed conflict, processes the ways in which current law contemplates such deception, and distills recommendations for improving governance where needed.

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In Defense Of (Virtuous) Autonomous Weapons, Don Howard Nov 2022

In Defense Of (Virtuous) Autonomous Weapons, Don Howard

Notre Dame Journal on Emerging Technologies

I will argue, we can construct effective means for norming the use of autonomous weapons short of a total ban by building upon the foundation of existing requirements stipulated in Article 36 of Protocol I to the Geneva Conventions that all new weapons technologies be reviewed for compliance with the International Law of Armed Conflict (ILOAC) and International Humanitarian Law (IHL). I begin with a critical review of several of the most commonly encountered arguments in favor of a ban. That is followed by a discussion of the moral opportunities afforded by enhanced autonomy. I conclude with a concrete policy …

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Ethical Ai In American Policing, Elizabeth E. Joh Nov 2022

Ethical Ai In American Policing, Elizabeth E. Joh

Notre Dame Journal on Emerging Technologies

We know there are problems in the use of artificial intelligence in policing, but we don’t quite know what to do about them. One can also find many reports and white papers today offering principles for the responsible use of AI systems by the government, civil society organizations, and the private sector. Yet, largely missing from the current debate in the United States is a shared framework for thinking about the ethical and responsible use of AI that is specific to policing. There are many AI policy guidance documents now, but their value to the police is limited. Simply repeating …

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Note: Regulating Artificial Intelligence: A Call For A United States Artificial Intelligence Agency, Noah John Kahekili Rosenberg Nov 2022

Note: Regulating Artificial Intelligence: A Call For A United States Artificial Intelligence Agency, Noah John Kahekili Rosenberg

Notre Dame Journal on Emerging Technologies

this Note draws upon two examples of emerging AI technologies that demonstrate the need for federal regulation: autonomous vehicles (i.e., self-driving cars) and algorithm-based hiring software. Part I illustrates the public safety concerns associated with AI technologies by outlining the inadequacy of existing laws and regulations on autonomous vehicles. Part II addresses the shortcomings of current regulations on algorithm-based hiring software and the issue of discrimination and inherent bias in AI. Part III recommends the creation of a new federal agency to guide AI regulation and enforcement.

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Arbitral Analytics: How Moneyball Based Litigation/Judicial Analytics Can Be Used To Predict Arbitration Claims And Outcomes, Benjamin Davies Jun 2022

Arbitral Analytics: How Moneyball Based Litigation/Judicial Analytics Can Be Used To Predict Arbitration Claims And Outcomes, Benjamin Davies

Pepperdine Dispute Resolution Law Journal

This paper reviews, discusses, and advances the field of artificial intelligence in the field of litigation analytics and its application to arbitrations. To better explain the weight an attorney, judge, arbitrator, or the public should have towards artificial intelligence and its utilization in the legal field, this paper reviews current AI publications in the litigation analytics field, historical examples, ethical considerations for analytics, and issues surrounding the accumulation of litigation data. Thereafter, this combined knowledge and experience is applied to Federal Industry Regulatory Authority (FINRA) arbitration awards with a novel AI program designed to scrape, index, and analyze these awards …

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Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii May 2022

Putin’S Invasion Of Ukraine In 2022: Implications For Strategic Studies, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

This special commentary examines critical issues for the field of strategic studies raised by Russia’s invasion of Ukraine, including the waning of major war, strategic coercion, and “War Amongst the People.” Drawing on previous scholarship and current events, this commentary considers the questions raised by the first major war of the twenty-first century. It provides recommendations for scholars and senior leaders on how to work together to address the questions of strategy and policy that have and continue to arise as the war progresses.

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Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley May 2022

Prospects For Legal Analytics: Some Approaches To Extracting More Meaning From Legal Texts, Kevin D. Ashley

University of Cincinnati Law Review

No abstract provided.

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From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter May 2022

From Negative To Positive Algorithm Rights, Cary Coglianese, Kat Hefter

William & Mary Bill of Rights Journal

We consider this issue here and suggest that the current calls for a negative right to be free from AI could very well transform over time into positive claims that demand the use of algorithmic tools by government officials. In Part I, we begin by sketching the current landscape surrounding the adoption of AI by government. That landscape is characterized by strong activist and scholarly voices expressing a pronounced aversion to the use of digital algorithms—and taking a decidedly negative rights tone. In Part II, we show that, although aversion to complex technology might be understandable, that aversion is neither …

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The Future Of Ai Accountability In The Financial Markets, Gina-Gail S. Fletcher, Michelle M. Le May 2022

The Future Of Ai Accountability In The Financial Markets, Gina-Gail S. Fletcher, Michelle M. Le

Vanderbilt Journal of Entertainment & Technology Law

Consumer interaction with the financial market ranges from applying for credit cards, to financing the purchase of a home, to buying and selling securities. And with each transaction, the lender, bank, and brokerage firm are likely utilizing artificial intelligence (AI) behind the scenes to augment their operations. While AI’s ability to process data at high speeds and in large quantities makes it an important tool for financial institutions, it is imperative to be attentive to the risks and limitations that accompany its use. In the context of financial markets, AI’s lack of decision-making transparency, often called the “black box problem,” …

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A Title Vii Dead End? Machine Learning And Employee Monitoring, Kayla Burris Apr 2022

A Title Vii Dead End? Machine Learning And Employee Monitoring, Kayla Burris

William & Mary Law Review Online

This Note will argue that Title VII, as courts currently apply the law, does not adequately protect employees from algorithmic discrimination when companies use machine learning to monitor their employees' computers. Part I will provide an introduction to how employee monitoring tools work, how employers are using machine learning in their monitoring programs, and how these programs can discriminate. Because scholars have already done significant work in this area, this Note will not try to replicate this research but will provide an overview of how this discrimination can occur. Parts II and III will then analyze how an employee might …

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A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell Apr 2022

A New Metaphor: How Artificial Intelligence Links Legal Reasoning And Mathematical Thinking, Melissa E. Love Koenig, Colleen Mandell

Marquette Law Review

Artificial intelligence’s (AI’s) impact on the legal community expands exponentially each year. As AI advances, lawyers have more powerful tools to enhance their ability to research and analyze the law, as well as to draft contracts and other legal documents. Lawyers are already using tools powered by AI and are learning to shift their methodologies to take advantage of these enhancements. To continue to grow into their shifting role, lawyers should understand the relationship between AI, mathematics, and legal reasoning.

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The Limits Of Law And Ai, Ryan Mccarl Mar 2022

The Limits Of Law And Ai, Ryan Mccarl

University of Cincinnati Law Review

For thirty years, scholars in the field of law and artificial intelligence (AI) have explored the extent to which lawyers and judges can be assisted by computers. This Article describes the medium-term outlook for AI technologies and explains the obstacles to making legal work computable. I argue that while AI-based software is likely to improve legal research and support human decision making, it is unlikely to replace traditional legal work or otherwise transform the practice of law.

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The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry Mar 2022

The Digital Transformation Of Law: Are We Prepared For Artificially Intelligent Legal Practice?, Larry Bridgesmith, Dr. Adel Elmessiry

Akron Law Review

We live in an instant access and on-demand world of information sharing. The global COVID-19 pandemic has accelerated the necessity of remote working and team collaboration. Work teams are exploring and utilizing the remote work platforms required to serve in place of stand-ups common in the agile workplace. Online tools are needed to provide visibility to the status of projects and the accountability necessary to ensure that tasks are completed on time and on budget. Digital transformation of organizational data is now the target of AI projects to provide enterprise transparency and predictive insights into the process of work. In …

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Cbct In Clinical Practice, Tarunjeet Pabla Bds, Dmd, Ms, Dip. Abomr, Hugo C. Campos Dds, Dmd, Mds, Dip. Abomr, Aruna Ramesh Bds, Dmd, Ms, Dip. Abomr Mar 2022

Cbct In Clinical Practice, Tarunjeet Pabla Bds, Dmd, Ms, Dip. Abomr, Hugo C. Campos Dds, Dmd, Mds, Dip. Abomr, Aruna Ramesh Bds, Dmd, Ms, Dip. Abomr

The Journal of the Michigan Dental Association

This feature explores the integration of Cone Beam Computed Tomography (CBCT) into dental practice, offering guidelines for best practices. Introduced in 2001, CBCT revolutionized dental radiography, impacting various clinical areas. The article emphasizes the need for clinicians to comprehend CBCT technology, its benefits, and potential risks. It delves into CBCT imaging considerations, technical parameters (Field of View, Voxel Size, Spatial and Contrast Resolution), image viewing, artifacts, machine calibration, and service. Addressing radiation dose, risks, and protection, the article outlines decision-making for 2D vs. 3D imaging. It underscores the responsibility of interpreting CBCT images, legal considerations, return on investment, and the …

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Masalah Penggunaan Ciptaan Sebagai Data Masukan Dalam Pengembangan Artificial Intelligence Di Indonesia, Ari Juliano Gema Feb 2022

Masalah Penggunaan Ciptaan Sebagai Data Masukan Dalam Pengembangan Artificial Intelligence Di Indonesia, Ari Juliano Gema

Technology and Economics Law Journal

The development of Artificial Intelligence (AI) is growing so fast. The availability of input data is important because it has a major impact on how the AI system will be developed. The use of copyrighted works as input data in AI development is also unavoidable. This paper tries to examine how the copyright law in Indonesia relates to the use of copyrighted works as input data for AI development. Based on the results of the study, it is known that the use of copyrighted works as input data for AI development in Indonesia still has to respect the exclusive rights …

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The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich Feb 2022

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …

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Distributed Governance Of Medical Ai, W. Nicholson Price Ii Jan 2022

Distributed Governance Of Medical Ai, W. Nicholson Price Ii

SMU Science and Technology Law Review

Artificial intelligence (AI) has the potential to democratize expertise in medicine, bring expertise previously limited to specialists to a variety of health-care settings. But AI can easily falter, and making sure that AI works well across that variety of settings is a challenging task. Centralized governance, such as review by the Food and Drug Administration, can only do so much, since system performance will depend on the particular health-care setting and how the AI system is integrated into setting-specific clinical workflows. This Essay presents the need for distributed governance, where some oversight tasks are undertaken in localized settings. It points …

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Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall Jan 2022

Moving From Harm Mitigation To Affirmative Discrimination Mitigation: The Untapped Potential Of Artificial Intelligence To Fight School Segregation And Other Forms Of Racial Discrimination, Andrew Gall

Catholic University Journal of Law and Technology

No abstract provided.

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Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa Jan 2022

Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa

Canadian Journal of Law and Technology

In this article, we canvas why AI may perpetuate or exacerbate extant discrimination through a review of the training, development, and implementation of healthcare-related AI applications and set out policy options to militate against such discrimination. The article is divided into eight short parts including this introduction. Part II focuses on explaining AI, some of its basic functions and processes, and its relevance to healthcare. In Part III, we define and explain the difference and relationship between algorithmic bias and data bias, both of which can result in discrimination in healthcare settings, and provide some prominent examples of healthcare-related AI …

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