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Articles 31 - 60 of 197
Full-Text Articles in Law
Toward An Enhanced Level Of Corporate Governance: Tech Committees As A Game Changer For The Board Of Directors, Maria Lillà Montagnani, Maria Lucia Passador
Toward An Enhanced Level Of Corporate Governance: Tech Committees As A Game Changer For The Board Of Directors, Maria Lillà Montagnani, Maria Lucia Passador
The Journal of Business, Entrepreneurship & the Law
Although tech committees are increasingly being included in the functioning of the board of directors, a gap exists in the current literature on board committees, as it tends to focus on traditional board committees, such as nominating, auditing or remuneration ones. Therefore, this article performs an empirical analysis of tech committees adopted by North American and European listed companies in 2019 in terms of their composition, characteristics and functions. The aim of the study is to understand what “technology” really stands for in the “tech committees” label within the board, or – to phrase it differently – to ascertain what …
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina
Thaler V. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), Matthew Messina
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
Aclu V. Clearview Ai, Inc.,, Isra Ahmed
Aclu V. Clearview Ai, Inc.,, Isra Ahmed
DePaul Journal of Art, Technology & Intellectual Property Law
No abstract provided.
The Human Role In Artificial Intelligence, Christopher J. Smiley Dds
The Human Role In Artificial Intelligence, Christopher J. Smiley Dds
The Journal of the Michigan Dental Association
The success of AI requires human involvement to ensure that it is used safely and effectively. Transparency, collaboration, and standardization are necessary.
The Perks Of Being Human, Max Stul Oppenheimer
The Perks Of Being Human, Max Stul Oppenheimer
Washington and Lee Law Review Online
The power of artificial intelligence has recently entered the public consciousness, prompting debates over numerous legal issues raised by use of the tool. Among the questions that need to be resolved is whether to grant intellectual property rights to copyrightable works or patentable inventions created by a machine, where there is no human intervention sufficient to grant those rights to the human. Both the U. S. Copyright Office and the U. S. Patent and Trademark Office have taken the position that in cases where there is no human author or inventor, there is no right to copyright or patent protection. …
Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi
Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi
All Faculty Scholarship
Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that theoretical concerns about potential bias are now being borne out in the market. To change this trajectory and ensure that development teams are focused explicitly on creating equitable AI, we argue that we need to shift the flow of investment dollars. Venture Capital (VC) firms have an outsized impact in determining …
The Proposed Eu Directives For Ai Liability Leave Worrying Gaps Likely To Impact Medical Ai, Mindy Duffourc, Sara Gerke
The Proposed Eu Directives For Ai Liability Leave Worrying Gaps Likely To Impact Medical Ai, Mindy Duffourc, Sara Gerke
Faculty Scholarly Works
Two newly proposed Directives impact liability for artificial intelligence in the EU: a Product Liability Directive (PLD) and an AI Liability Directive (AILD). While these proposed Directives provide some uniform liability rules for AI-caused harm, they fail to fully accomplish the EU’s goal of providing clarity and uniformity for liability for injuries caused by AI-driven goods and services. Instead, the Directives leave potential liability gaps for injuries caused by some black-box medical AI systems, which use opaque and complex reasoning to provide medical decisions and/or recommendations. Patients may not be able to successfully sue manufacturers or healthcare providers for some …
The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar
The Evidentiary Implications Of Interpreting Black-Box Algorithms, Varun Bhatnagar
Northwestern Journal of Technology and Intellectual Property
Biased black-box algorithms have drawn increasing levels of scrutiny from the public. This is especially true for those black-box algorithms with the potential to negatively affect protected or vulnerable populations.1 One type of these black-box algorithms, a neural network, is both opaque and capable of high accuracy. However, neural networks do not provide insights into the relative importance, underlying relationships, structures of the predictors or covariates with the modelled outcomes.2 There are methods to combat a neural network’s lack of transparency: globally or locally interpretable post-hoc explanatory models.3 However, the threat of such measures usually does not bar an actor …
Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman
Note: Artistic Relevance In Artificial Intelligence? “Roger” That!, Kelly Heilman
Notre Dame Journal on Emerging Technologies
In an era of technological revolution, artificial intelligence is shocking the legal field with its increasing popularity, power, and potential. The limits of property, personhood, and creativity are in question by both the public and the courts, leaving significant ambiguities in the law. Legal standards regarding the regulation of advanced technologies have raised unique and critical substantive questions for intellectual property rights, particularly that of trademarks, where the traditional purpose is source identification between consumers and goods.
Since the 1989 holding in Rogers v. Grimaldi, the use of trademarks for creative purposes, as a matter of First Amendment jurisprudence, …
Exams In The Time Of Chatgpt, Margaret Ryznar
Exams In The Time Of Chatgpt, Margaret Ryznar
Washington and Lee Law Review Online
Invaluable guidance has emerged regarding online teaching in recent years, but less so concerning online and take-home final exams. This article offers various methods to administer such exams while maintaining their integrity—after asking artificial intelligence writing tool ChatGPT for its views on the matter. The sophisticated response of the chatbot, which students can use in their written work, only raises the stakes of figuring out how to administer exams fairly.
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia R. Smith Schlinck
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia R. Smith Schlinck
Library Staff Online Publications
Since it was launched at the end of November 2022, the discourse around ChatGPT and AI search tools has been unrelenting. What impact will AI-powered chatbots have on education? Will students submit ChatGPT-written essays and homework assignments? Will AI make lawyers obsolete? Look, this chatbot just passed the bar exam! Wait a minute—is this thing. . . sentient?
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
Artificial intelligence (“AI”) has garnered much attention in recent years, with capabilities spanning the operation of self-driving cars to the emulation of the great artistic masters of old. The field has now been ostensibly enlarged in light of the professed abilities of AI machines to autonomously generate patentable inventions. This article examines the present state of AI technology and the suitability of existing patent law frameworks in accommodating it. Looking ahead, the authors also offer two recommendations in a bid to anticipate and resolve the challenges that future developments in AI technology might pose to patent law. In particular, the …
The Disembodied First Amendment, Nathan Cortez, William M. Sage
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” - …
Copyright Throughout A Creative Ai Pipeline, Sancho Mccann
Copyright Throughout A Creative Ai Pipeline, Sancho Mccann
Canadian Journal of Law and Technology
Consider the following fact pattern.
Alex paints some original works on canvas and posts photos of them online. Becca downloads those images and uses them to train an AI (training configures the AI’s model parameters to useful values). Becca posts the resulting trained parameter values on her website under a license that reserves to Becca the right to use the parameters commercially. Cory uses those parameter values in a program that is designed to produce artwork. Cory clicks create and the program produces a work. This work is new to Cory, but it looks a lot like one of Alex’s …
Letter Form The Editor, Wayne Rash, Iii
Letter Form The Editor, Wayne Rash, Iii
American University National Security Law Brief
In our last issue of The National Security Law Brief, Vol. 13, No. 1, we highlighted the dynamism that makes National Security Law such an exciting field. In this issue, No. 2, we continue with the dynamism theme. National security law is a field in constant change that often leaves us questioning how these changes will shape the law.
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
The Need For An Australian Regulatory Code For The Use Of Artificial Intelligence (Ai) In Military Application, Sascha-Dominik Dov Bachmann, Richard V. Grant
American University National Security Law Brief
Artificial Intelligence (AI) is enabling rapid technological innovation and is ever more pervasive, in a global technological eco-system lacking suitable governance and absence of regulation over AI-enabled technologies. Australia is committed to being a global leader in trusted secure and responsible AI and has escalated the development of its own sovereign AI capabilities. Military and Defence organisations have similarly embraced AI, harnessing advantages for applications supporting battlefield autonomy, intelligence analysis, capability planning, operations, training, and autonomous weapons systems. While no regulation exists covering AI-enabled military systems and autonomous weapons, these platforms must comply with International Humanitarian Law, the Law of …
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
The Ambiguity In International Law And Its Effect On Drone Warfare And Cyber Security, Amina Khan
MA Major Research Papers
Drone warfare and artificial intelligence have considerably shaped cybersecurity and international law over the years. The rapid growth of technology has slowly forced entry into the international and domestic affairs of states. How countries conduct surveillance and practice defence does not look the way it did many years ago. One must observe how the rule of law is affected by technological advancement at the international level where many complexities are seen to rise to the surface. Balancing domestic and international law comes into question when drones and artificial intelligence become key components in state affairs that transcend geographical borders. This …
Vicarious Liability For Ai, Mihailis E. Diamantis
Vicarious Liability For Ai, Mihailis E. Diamantis
Indiana Law Journal
When an algorithm harms someone—say by discriminating against her, exposing her personal data, or buying her stock using inside information—who should pay? If that harm is criminal, who deserves punishment? In ordinary cases, when A harms B, the first step in the liability analysis turns on what sort of thing A is. If A is a natural phenomenon, like a typhoon or mudslide, B pays, and no one is punished. If A is a person, then A might be liable for damages and sanction. The trouble with algorithms is that neither paradigm fits. Algorithms are trainable artifacts with “off” switches, …
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Work at the intersection of Artificial Intelligence systems (AI systems) and criminal justice suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, researchers, lawmakers, software developers, engineers, judges, and the public all talk past each other, using the same words but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal inherent value conflicts embedded in definitional differences and debates. Doing so offers a tool for reconciling specific linguistic ambiguities before they are embedded in …
Judicial Deference To Agency Action Based On Ai, Cade Mallett
Judicial Deference To Agency Action Based On Ai, Cade Mallett
Catholic University Journal of Law and Technology
No abstract provided.
The Tiktok Algorithm Is Good, But Is It Too Good? Exploring The Responsibility Of Artificial Intelligence Systems Reinforcing Harmful Ideas On Users, Julianne Gabor
Catholic University Journal of Law and Technology
No abstract provided.
Regulating The Risks Of Ai, Margot E. Kaminski
Regulating The Risks Of Ai, Margot E. Kaminski
Publications
Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present challenges for a traditional liability model. It is thus unsurprising that lawmakers in both the United States and the European Union (“EU”) have turned to the tools of risk regulation in governing AI systems.
This Article describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? The primary contribution of this Article is to offer an analytic framework for …
Generative Ai And Finding The Law, Paul D. Callister
Generative Ai And Finding The Law, Paul D. Callister
Faculty Works
Legal information science requires, among other things, principles and theories. The article states five principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the five principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains …
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Publications
In this short piece I comment on Orly Lobel's book on artificial intelligence (AI) and society "The Equality Machine." Here, I reflect on the complex topic of aI and its impact on society, and the importance of acknowledging both its positive and negative aspects. More broadly, I discuss the various cognitive biases, such as naïve realism, epistemic bubbles, negativity bias, extremity bias, and the availability heuristic, that influence individuals' perceptions of AI, often leading to polarized viewpoints. Technology can both exacerbate and ameliorate these biases, and I commend Lobel's balanced approach to AI analysis as an example to emulate.
Although …
The Prediction Society: Algorithms And The Problems Of Forecasting The Future, Hideyuki Matsumi, Daniel J. Solove
The Prediction Society: Algorithms And The Problems Of Forecasting The Future, Hideyuki Matsumi, Daniel J. Solove
GW Law Faculty Publications & Other Works
Predictions about the future have been made since the earliest days of humankind, but today, we are living in a brave new world of prediction. Today’s predictions are produced by machine learning algorithms that analyze massive quantities of personal data. Increasingly, important decisions about people are being made based on these predictions.
Algorithmic predictions are a type of inference. Many laws struggle to account for inferences, and even when they do, the laws lump all inferences together. But as we argue in this Article, predictions are different from other inferences. Predictions raise several unique problems that current law is ill-suited …
The Disembodied First Amendment, Nathan Cortez, William M. Sage
The Disembodied First Amendment, Nathan Cortez, William M. Sage
Faculty Journal Articles and Book Chapters
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” - …
Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii
Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii
Publications
From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these "human-in-the-loop" systems. We make four contributions to the discourse.
First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify "the MABA-MABA trap," which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decision-making process. Regardless of whether the …
Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski
Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski
Articles
From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human in the loop” systems. We make four contributions to the discourse.
First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into decision making process. Regardless …
Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan
Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Technology has cast its shadow on us in most aspects of our lives and nothing has escaped its grip even human intelligence. Human intelligence now has a major rival known as "artificial intelligence" (AI). The main question is can machines think like humans?!
Since AI involves, in part, the dispensation with humans, then it is a matter that affects human rights, regardless of the manifestations, consequences or even scope of this dispensation.
Accordingly, this study has several problems to tackle: 1) the absence of adequate binding national and international provisions governing AI, 2) AI systems involve changing the way businesses …
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
The Promise And The Peril: Artificial Intelligence And Employment Discrimination, Keith E. Sonderling, Bradford J. Kelley, Lance Casimir
University of Miami Law Review
Artificial intelligence (“AI”) is undeniably transforming the workplace, though many implications remain unknown. Employers increasingly rely on algorithms to determine who gets interviewed, hired, promoted, developed, disciplined, or fired. If appropriately designed and applied, AI promises to help workers find their most rewarding jobs, match companies with their most valuable and productive employees, and advance diversity, inclusion, and accessibility in the work- place. Notwithstanding its positive impacts, however, AI poses new perils for employment discrimination, especially when designed or used improperly.
This Article examines the interaction between AI and federal employment antidiscrimination law. This Article explores the legal landscape including …