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Full-Text Articles in Law

Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield Dec 2019

Implementing Ethics Into Artificial Intelligence: A Contribution, From A Legal Perspective, To The Development Of An Ai Governance Regime, Axel Walz, Kay Firth-Butterfield

Duke Law & Technology Review

The increasing use of AI and autonomous systems will have revolutionary impacts on society. Despite many benefits, AI and autonomous systems involve considerable risks that need to be managed. Minimizing these risks will emphasize the respective benefits while at the same time protecting the ethical values defined by fundamental rights and basic constitutional principles, thereby preserving a human centric society. This Article advocates for the need to conduct in-depth risk-benefit-assessments with regard to the use of AI and autonomous systems. This Article points out major concerns in relation to AI and autonomous systems such as likely job losses, causation of …


Legal Personhood For Artificial Intelligence, Tyler Jaynes Jun 2019

Legal Personhood For Artificial Intelligence, Tyler Jaynes

Tyler Jaynes

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this …


Predicting Chapter 11 Bankruptcy Case Outcomes Using The Federal Judicial Center Idb And Ensemble Artificial Intelligence, Warren E. Agin, Gill Eapen Jun 2019

Predicting Chapter 11 Bankruptcy Case Outcomes Using The Federal Judicial Center Idb And Ensemble Artificial Intelligence, Warren E. Agin, Gill Eapen

Georgia State University Law Review

In this project, the authors obtained public data on over 100,000 Chapter 11 bankruptcy cases and used machine and deep-learning methodologies to explore whether models could be designed to predict Chapter 11 case outcomes. The data used was obtained from the Federal Judicial Center’s bankruptcy Integrated Database and included information about case filing dates, the court where the case was filed, the type of business entity, and basic information about assets and liabilities. Using this information, the authors initially sought to predict whether a particular case was dismissed, converted to another Chapter under the Bankruptcy Code, or closed with a …


Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley Jun 2019

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Georgia State University Law Review

This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and illustrates how some currently available commercial applications employ or combine them. It then examines how well the text analytic techniques can answer legal questions given some inherent limitations in the technology. In more detail, ML refers to computer programs that use statistical means to induce or learn models from data with which they can classify a document or predict an outcome for a new case. Predictive coding techniques employed in e-discovery have already introduced ML from text into law firms. Network diagrams graph the relations between …


Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model For The 21st Century Legal Professional, Alyson Carrel Jun 2019

Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model For The 21st Century Legal Professional, Alyson Carrel

Georgia State University Law Review

The nature of legal services is drastically changing given the rise in the use of artificial intelligence and machine learning. Legal education and training models are beginning to recognize the need to incorporate skill building in data and technology platforms, but they have lost sight of a core competency for lawyers: problem-solving and decision-making skills to counsel clients on how best to meet their desired goals and needs. In 2014, Amani Smathers introduced the legal field to the concept of the T-shaped lawyer. The T-shaped lawyer stems from the concept of T-shaped professionals who have a depth of knowledge in …


Where Do We Go From Here? Transformation And Acceleration Of Legal Analytics In Practice, Patrick Flanagan, Michelle H. Dewey Jun 2019

Where Do We Go From Here? Transformation And Acceleration Of Legal Analytics In Practice, Patrick Flanagan, Michelle H. Dewey

Georgia State University Law Review

The advantages of evidence-based decision-making in the practice and theory of law should be obvious: Don’t make arguments to judges that seldom persuade; Jurisprudential analysis ought to align with sound social science; Attorneys should pitch legal work to clients that demonstrably need it. Despite the appearance of simplicity, there are practical and attitudinal barriers to finding and incorporating data into the practice of law.

This article evaluates the current technologies and systems used to publish and analyze legal information from a researcher’s perspective. The authors also explore the technological, economic, political, and legal impediments that have prevented legal information systems …


Legal Analytics, Social Science, And Legal Fees: Reimagining "Legal Spend" Decisions In An Evolving Industry, Nancy B. Rapoport, Joseph R. Tiano Jr. Jun 2019

Legal Analytics, Social Science, And Legal Fees: Reimagining "Legal Spend" Decisions In An Evolving Industry, Nancy B. Rapoport, Joseph R. Tiano Jr.

Georgia State University Law Review

To give you a feel for the power of legal analytics, imagine that you are the managing partner of a law firm. With a good set of algorithms and the push of a few buttons, you can make sure that you’ve delegated each part of an assignment to the professional with the exact combination of experience, talent, and diligence to maximize your firm’s client satisfaction and profitability. The client will be pleased both with the work product and its efficiency—and will pay your full bill without any grumbling or request for a reduction of the fees. The client will even …


Artificial Intelligence And Law: An Overview, Harry Surden Jun 2019

Artificial Intelligence And Law: An Overview, Harry Surden

Georgia State University Law Review

Much has been written recently about artificial intelligence (AI) and law. But what is AI, and what is its relation to the practice and administration of law? This article addresses those questions by providing a high-level overview of AI and its use within law. The discussion aims to be nuanced but also understandable to those without a technical background. To that end, I first discuss AI generally. I then turn to AI and how it is being used by lawyers in the practice of law, people and companies who are governed by the law, and government officials who administer the …


The Model Rules Of Autonomous Conduct: Ethical Responsibilities Of Lawyers And Artificial Intelligence, Ed Walters Jun 2019

The Model Rules Of Autonomous Conduct: Ethical Responsibilities Of Lawyers And Artificial Intelligence, Ed Walters

Georgia State University Law Review

Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today they are using AI for legal research, drafting, contract management, and litigation strategy. The use of AI to deliver legal services is not without its detractors, and some have suggested that the use of AI may take the jobs of lawyers—or worse, make lawyers obsolete. Others suggest that using AI …


Predictive Analytics, Daryl Lim Jan 2019

Predictive Analytics, Daryl Lim

Faculty Scholarly Works

“Predictive Analytics” blends the latest research in behavioral economics with artificial intelligence to address one of the most important legal questions at the heart of intellectual property law and antitrust law – how do courts and agencies make judgments about innovation and competition policies? How can they better predict the consequences of intervention or non-intervention?

The premise of this Article is that we should not continue to build doctrine at the IP-antitrust on theoretical neoclassical assumptions alone but also on the reality of markets using all that AI has to offer us. Behavioral economics and AI do not replace traditional …