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Full-Text Articles in Law

Foreword, Deborah W. Denno, Erica Valencia-Graham Apr 2024

Foreword, Deborah W. Denno, Erica Valencia-Graham

Fordham Law Review

This Foreword overviews an unprecedented Symposium on these wide ranging topics titled The New AI: The Legal and Ethical Implications of ChatGPT and Other Emerging Technologies. Hosted by the Fordham Law Review and cosponsored by Fordham University School of Law’s Neuroscience and Law Center on November 3, 2023, the Symposium brought together attorneys, judges, professors, and scientists to explore the opportunities and risks presented by AI, especially GenAI like ChatGPT. The discussion raised complex questions concerning AI sentience and personal privacy, as well as the future of legal ethics, education, and employment. Although the AI industry uniformly predicts ever more …


Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi Apr 2024

Ai, Algorithms, And Awful Humans, Daniel J. Solove, Hideyuki Matsumi

Fordham Law Review

A profound shift is occurring in the way many decisions are made, with machines taking greater roles in the decision-making process. Two arguments are often advanced to justify the increasing use of automation and algorithms in decisions. The “Awful Human Argument” asserts that human decision-making is often awful and that machines can decide better than humans. Another argument, the “Better Together Argument,” posits that machines can augment and improve human decision-making. These arguments exert a powerful influence on law and policy.

In this Essay, we contend that in the context of making decisions about humans, these arguments are far too …


Of Another Mind: Ai And The Attachment Of Human Ethical Obligations, Katherine B. Forrest Apr 2024

Of Another Mind: Ai And The Attachment Of Human Ethical Obligations, Katherine B. Forrest

Fordham Law Review

We are entering a new world. A world in which we humans will be confronted with our intellectual limitations as we watch the evolution of artificial intelligence (AI) that we have created meet and exceed our capabilities. I have a few predictions about this—based first on how technology changes occur, with a layer of how human nature reacts to those changes.

My first prediction is that we may not initially recognize AI’s actual capabilities. We will find ways of describing what AI can do as somehow mimicry—the advances of a stochastic parrot, perhaps; we will not want to recognize our …


Chatgpt, Large Language Models, And Law, Harry Surden Apr 2024

Chatgpt, Large Language Models, And Law, Harry Surden

Fordham Law Review

This Essay explores Artificial Intelligence (AI) Large Language Models (LLMs) like ChatGPT/GPT-4, detailing the advances and challenges in applying AI to law. It first explains how these AI technologies work at an understandable level. It then examines the significant evolution of LLMs since 2022 and their improved capabilities in understanding and generating complex documents, such as legal texts. Finally, this Essay discusses the limitations of these technologies, offering a balanced view of their potential role in legal work.