Computer Sciences Commons^™

Juxtaposing Approaches To Risk-Based Ai Governance In Different ‘Rights’ Contexts: A Comparative Analysis Between Singapore And The Eu, Jane Loo, Mark Findlay

Research Collection Yong Pung How School Of Law

Comparative analysis of European and certain Asian approaches to governance often degenerates into simplistic dichotomies based on universal human rights assumptions. This chapter rejects such dualities, ill-informed by theory and historical reflection. The emerging argument is founded on a historical realist approach to theorising difference. Assisted by Polanyi’s double movement, the detailed substantive comparison is preceded by considerations of how recent trends in governing AI have uniformly adopted a countermovement against the dis-embedding of data and technology from the social leading to a risk/responsibility paradigm. From here, a more nuanced reflection of AI governance approaches in the EU and Singapore …

Better Digital Contracts With Prosocial Friction-In-Design, Brett Frischmann, Moshe Y. Vardi

Faculty Publications

Contract law is supposed to enable people to reach genuine agreements and cooperate. If this ideal was ever a reality, the rise of mass market contracts and boil­erplate rendered it pure fiction. Modern consumer contracts are incomprehensible to most people. No one reads them anyway.

Digital contracting involves design features that amplify traditional boilerplate harms and create others. For example, digital contracting is too cheap; low marginal costs lead to overexpansion in scale and scope. To make matters worse, the loss of autonomy from repeat engagement with digital contracting systems is pernicious. People become increasingly predictable and programmable as digital …

Futurescape Libraries Ai Toolkit, Keith Webster

Copyright, Fair Use, Scholarly Communication, etc.

A toolkit developed to explore scenario-specific strategies and activities that research libraries can undertake to prepare for various possible AI-influenced futures. The toolkit integrates the ARL/CNI AI Scenarios published in spring 2024 along with priorities trialed and refined by strategic thinkers working directly in, or adjacent to, the research library field during a Strategic Implications forum held December 7–8, 2024, in Washington, DC.

The “Founder’S Gaze”: How The Fourth Amendment Is A Surveillance Technology That Enables Ai To Scale Control Over The Subaltern, Diego H. Alcalá Laboy

Michigan Journal of Race and Law

Much has been written about the rise of artificial intelligence and machine learning applications and how the current Fourth Amendment law has been unable to mitigate the privacy harm that these tools produce. This article explores how the development and usage of AI and machine learning models is dependent on the originalism principles of Fourth Amendment Law. Utilizing Critical Surveillance Studies and Anticolonial Theory, I posit that the Fourth Amendment is a surveillance technology that categorizes conduct, persons, and places to impose the material conditions for the subjugation of historically minoritized communities within the United States. Furthermore, this article explores …

Bridging The Great Wall: China’S Evolving Cross-Border Data Flow Policies And Implications For Global Data Governance, Sheng Zhang, Henry S. Gao

Research Collection Yong Pung How School Of Law

Despite the rapid expansion of the digital economy, the global regulatory framework for data flows remains fragmented, with countries adopting divergent approaches shaped by their own regulatory priorities. As a key player in the Internet economy, China’s approach to cross-border data flows (CBDF) not only defines its domestic digital landscape but also influences emerging global norms. This paper takes a comprehensive view of the evolution of China’s CBDF regime, examining its development through both domestic and international lenses. Domestically, China’s regulation of CBDF has evolved from a security-first approach to one that seeks to balance security with economic development. This …

Introduction: Symposium ‒ Ai Disrupting Law, Edward Lee

Chicago-Kent Law Review

No abstract provided.

Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

This paper examines the integration of Artificial Intelligence (AI) within the judicial system of Singapore. Singapore's judiciary has embraced AI not as a tool for adjudication, but as an augmentative instrument for legal research, procedural efficiency, and access to justice. It provides a detailed account of AI use cases in the courts, including case summarization, evidence review, assistance for selfrepresented litigants, and tools like the Divorce Assets Informative Division Estimator. The discussion then turns to the legal profession, exploring how law firms in Singapore are adopting AI technologies. The paper also addresses how AI implementation in the judicial system is …

Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai

Pepperdine Dispute Resolution Law Journal

Arbitration agreements are everywhere in the United States. These agreements already block access to courts in a troubling manner, and pursuant to these agreements, parties must resolve their disputes before a private, human arbitrator with broad, virtually unreviewable powers. However, with the growth of AI, companies could easily redraft their contracts to require arbitration before non-human bots or AI arbitrators instead of a human arbitrator. Based on the history, values, policy, and text of the Federal Arbitration Act (FAA), this Article concludes that the FAA would govern and support the use of an AI arbitrator. As a result, a pre-dispute …

Legislative And Security Confrontation Of Crimes Artificial Intelligence In The State Of Kuwait (An Analytical Study), Rashid Mohammed Al Marri

Journal of Police and Legal Sciences

The study aimed to demonstrate the mechanisms of legislative and security confrontation of artificial intelligence crimes. The use of technologies associated with artificial intelligence may go beyond the imposed limits, whether by exploiting it through its program developers & specialists to commit crimes in the cyber field, or it may be with the growing capabilities of artificial intelligence to make decisions in the field. Many behaviors occur automatically. Our research also aims to study the criminal responsibility for these crimes, & determine it in order to hold the real perpetrator accountable in accordance with the legal rules in force to …

Being And Becoming In The Algorithmic Age, Bernard E. Harcourt

Faculty Scholarship

To change the world: the prerequisite, most often, is to change our experience of the world, to experience the world differently, to be shaken to our foundations, to have one’s sense of self shattered. That is a process of both being and becoming. In order to turn that process in our favour, in this age of artificial intelligence, it will be crucial to transform data and algorithms into bits of justice.

Contract Quality Feature Extraction Using Llm, Aaron C. Washington

Theses and Dissertations

This study explored the potential insights generated from linguistic complexity measurements and large language model (LLM) based assessments on the quality of contract documents. By combining structured True/False prompts with log-probability analysis and ambiguity scoring, the study introduced novel contract-quality assessment methods. Results support a feature-driven approach to contract evaluation, one that offers automated, scalable insights for triaging risk and improving drafting practices. These assessment methods contribute to the growing field of legal natural language processing by offering modular tools for effective contract analysis.

Selected Artificial Intelligence Provisions In U.S. Fiscal Year 2025 National Defense Authorization Act, Bert Chapman

Libraries Faculty and Staff Presentations

The 2025 Fiscal Year National Defense Authorization Act contains multiple provisions relating to artificial intelligence (AI). These congressionally mandated provisions direct various sections of the Department of Defense (DOD) and individual U.S. armed service branches to execute congressional intent for AI policymaking. Examples of such intent include identifying and planning DOD's AI workforce, demonstrating AI biotechnology applications for national security, improving the human usability of AI systems, and establishing an AI security center. This presentation will note that reports on these initiatives must be prepared for relevant congressional oversight committees, and, in many cases, are in many cases, publicly released …

Deepfakes On Trial: Developing A High-Accuracy, Court-Admissible Ai Pipeline For Deepfake Detection In Corporate Fraud Litigation, Aiden J. Green

Honors College Theses

As deepfake technology advances, cybercriminals are increasingly using AI-generated videos and audios to impersonate executives and carry out sophisticated CEO fraud schemes. These synthetic forgeries target human trust and corporate communication systems, creating an urgent need for forensic tools capable of authenticating digital evidence with legal accuracy. This thesis presents a forensic-grade AI deepfake detection pipeline designed for this purpose, emphasizing courtroom admissibility, reproducibility, and evidentiary integrity. Built entirely with free, opensource tools, the framework combines metadata analysis, AI-powered spectrogram analysis, neural artifact detection, and facial manipulation recognition into a transparent workflow that accurately identifies synthetic media. It was trained …

Generating More Equitable Fair Use, Jacqueline Kessel

Pepperdine Law Review

From advancing healthcare and education to threatening democratic systems, generative artificial intelligence (AI) has demonstrated a capacity to positively and negatively impact society. And these benefits and consequences are not shared equitably. Copyright law, however, stands as a powerful mechanism in monitoring AI system development. Several complaints have charged generative AI system developers with copyright infringement, alleging that (1) ingesting copyrighted works as training data infringes the copyright owner’s exclusive right to reproduce works in copies and (2) generating AI outputs infringes the exclusive right to prepare derivative works because the outputs are based upon the works on which the …

Elder Fraud Metrics And Preventative Measures Of Chesapeake, Virginia, Joey J. Whitmore Jr.

Cybersecurity Undergraduate Research Showcase

Geriatric crime continues to escalate in the digital era, where older individuals are disproportionately being targeted because of their low digital literacy and high susceptibility to online frauds. In this paper, we examine the breadth of elder fraud in Chesapeake, Virginia using FBI Internet Crime Complaint Center (IC3) data and state-level cybersecurity initiatives and survey responses. Older adults aged 60 and up have reported losses of over $3.4 billion in 2023 alone, underscoring the importance of proactive measures. It assesses the public awareness from traditional and AI-based perspectives revealing significant gaps in digital safety literacy and fraud reporting mechanism among …

Leveraging Benford’S Law And Machine Learning For Financial Fraud Detection, Benjamin R. Fu

Cybersecurity Undergraduate Research Showcase

Financial fraud, particularly credit card fraud, continues to pose substantial challenges to financial institutions due to its increasing frequency and impact on consumer trust. While traditional rule-based methods have provided foundational defenses, their limitations in scalability and adaptability have accelerated the adoption of machine learning (ML) techniques. Concurrently, Benford’s Law—a statistical principle often used in forensic accounting—has demonstrated efficacy in detecting anomalies within naturally occurring numerical datasets. This study explores a hybrid fraud detection approach that integrates Benford’s Law with supervised machine learning algorithms, including Logistic Regression, Random Forest, and k-Nearest Neighbors. Using the publicly available European credit card fraud …

Securing Biometric Data, Alyssa F. Carroll

Cybersecurity Undergraduate Research Showcase

Biometric data has been widely adopted across various sectors, including digital identity, artificial intelligence (AI), border control, digital wallets, and national identification systems. While biometric identifiers—such as fingerprints, retina scans, and facial recognition—offer reliable and convenient authentication, they also raise significant concerns regarding privacy and security. This paper examines how biometric data is stored, the vulnerabilities it faces, and the most effective methods for safeguarding it. By highlighting the critical importance of biometric data protection, this study reviews current research on approaches, strategies, and policies that enhance security while preserving the functionality and efficiency of biometric systems.

From Data To Decisions: Safeguarding Athletes In The Age Of Ai, Nathan Elmer

SLU Law Journal Online

Artificial intelligence (AI) and data analytics are transforming professional sports by enhancing player performance, injury prevention, and scouting. However, the rapid adoption of AI raises significant concerns about data privacy, ownership, and decision-making biases that affect athletes. While collective bargaining agreements in major sports leagues provide some protections, they fail to address the complexities of AI-driven data collection and processing. The United States should adopt a regulatory framework similar to the European Union’s General Data Protection Regulation (GDPR) to safeguard athletes’ personal data. Implementing explicit consent requirements, addressing power imbalances, and ensuring transparency in AI decision-making would protect athletes while …

Humanist Copyright, Jane C. Ginsburg

Faculty Scholarship

This exploration of the role of authorship in copyright law proceeds in three parts: historical, doctrinal, and predictive. First, I will review the development of author-focused property rights in the pre-copyright regimes of printing privileges and in early Anglo-American copyright law through the 1909 U.S. Copyright Act. Second, I will analyze the extent to which the present U.S. copyright law does (and does not) honor human authorship. Finally, I will consider the potential responses of copyright law to the claims of proprietary rights in AI-generated outputs. I will explain why the humanist orientation of U.S. copyright law validates the position …

Review Of Algorithms Of Resistance: The Everyday Fight Against Platform Power, John G. Mcnutt

The Journal of Social Encounters

No abstract provided.

Abolition By Algorithm, Peter N. Salib

Michigan Law Review

In one sense, America’s newest abolitionist movement—advocating the elimination of policing and prison—has been a success. Following the 2020 Black Lives Matter protests, a small group of self-described radicals convinced a wide swath of ordinary liberals to accept a sweeping claim: Mere reforms cannot meaningfully reduce prison and policing’s serious harms. Only elimination can. On the other hand, abolitionists have failed to secure lasting policy change. The difficulty is crime. In 2021, following a nationwide uptick in homicides, liberal support for abolitionist proposals collapsed. Despite being newly “abolition curious,” left-leaning voters consistently rejected concrete abolitionist policies. Faced with the difficult …

Confronting Catastrophic Risk: The International Obligation To Regulate Artificial Intelligence, Bryan Druzin, Anatole Boute, Michael Ramsden

Michigan Journal of International Law

While artificial intelligence (“AI”) holds enormous promise, many experts in the field are warning that there is a non-trivial chance that the development of AI poses an existential threat to humanity. Existing regulatory initiatives do not address this threat but instead merely focus on discrete AI-related risks such as consumer safety, cybersecurity, data protection, and privacy. In the absence of regulatory action to address the possible risk of human extinction by AI, the question arises: What obligations, if any, does public international law impose on states to regulate its development?

At present there is no scientific consensus as to the …

Negotiating With Gpt-4: Digital Doormat Or Skilful Counterpart?, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Large language models (LLMs) such as GPT-4 have been creatively harnessed in the conflict resolution arena as dialogue agents interacting with humans within negotiations, due to their capacity for in-context learning and giving human-like responses. In light of the burgeoning use of LLMs in conflict resolution training, a pilot study was conducted to ascertain the desirability of using dialogue agents built on GPT-4 in conducting simulations for students learning negotiation skills. This article discusses insights gained from the study on the reliability of LLM agents in following prompts for negotiation simulations; notable negotiation behaviour of the LLM agent; the degree …

Generative Artificial Intelligence: Legal Ethics Issues, Kincaid Brown

Law Librarian Scholarship

Generative artificial intelligence (GenAI) is transforming nearly every sector of society including the practice of law. Legal professionals are increasingly using AI tools for research, drafting, contract review, and even predicting judicial outcomes with as many as one third of respondents to a survey using GenAI daily. But with this rapid adoption come questions that go beyond efficiency and instead point to the core of legal ethics including issues such as competence, confidentiality, and professional judgment.

Insects, Ai Systems, And The Future Of Legal Personhood, Jeff Sebo

Animal Law Review

This Article makes a case for insect and AI legal personhood. Humans share the world not only with large animals like chimpanzees and elephants but also with small animals like ants and bees. In the future, we might also share the world with sentient or otherwise morally significant AI systems. These realities raise questions about what kind of legal status insects, AI systems, and other nonhumans should have in the future. At present, debates about legal personhood mostly exclude these kinds of individuals. However, I argue that our current framework for assessing legal personhood, coupled with our current framework for …

The Future Of Ai Regulation In Drug Development: A Comparative Analysis, Gabriela Lenarczyk, Timo Minssen, Nicholson Price, Arti Rai

Faculty Scholarship

As artificial intelligence (AI) transforms drug development, regulatory frameworks are evolving to oversee its implementation, particularly at the US Food and Drug Administration (FDA) and the European Medicines Agency (EMA). This paper makes three contributions to understanding emerging regulatory approaches. First, we offer a comparative analysis of how these agencies have responded to AI-driven advances, incorporating new US executive orders and the European Union (EU)’s AI Act. Second, we propose a novel analytical framework to understand regulatory divergence: the FDA’s flexible, dialog-driven model contrasts with the EMA’s structured, risk-tiered approach, reflecting broader institutional and political-economic differences. While the former encourages …

Artificial Intelligence And Procedural Due Process, Brandon L. Garrett

Faculty Scholarship

Artificial intelligence (AI) violates procedural due process rights if the government uses it to deprive people of life, liberty, and property without adequate notice or an opportunity to be heard. A wide range of government agencies deploy AI systems, including in courts, law enforcement, public benefits administration, and national security. If the government refuses to disclose the reasons why it denied a person bail, public benefits, or immigration status, serious due process concerns arise. If the government delegates such tasks to an AI system, the due process analysis does not change. One asks whether a person received adequate notice and …

The Reliability Response To Patent Law’S Ai Challenges, Arti K. Rai

Faculty Scholarship

Pervasive AI use adds newfound importance to longstanding debates over patent timing and reliability. Patent claims on speculative ideas generated by AI, or even the infusion of speculative AI-generated ideas into the public domain, may defeat patent incentives for more careful research. Although challenges that AI use poses for patent validity requirements like human inventorship and nonobviousness have received more attention, reliability is equally important.

Indeed, as this Article argues, the issues are linked. If requirements for inventorship and nonobviousness were adjusted to emphasize reliability, a human role could be preserved, and AI use would not necessarily threaten patents. Currently, …

Automating International Human Rights Adjudication, Veronika Fikfak, Laurence R. Helfer

Faculty Scholarship

International human rights courts and treaty bodies are increasingly turning to automated decision-making (“ADM”) technologies to expedite and enhance their review of individual complaints. These tribunals have yet to consider many of the legal, normative, and practical issues raised by the use of different types of automation technologies for these purposes. This article offers a comprehensive and balanced assessment of the benefits and challenges of introducing ADM into international human rights adjudication. We argue in favor of using ADM to digitize documents and for internal case management purposes and to make straightforward recommendations regarding registration, inadmissibility, and the calculation of …

Data Injustice In Global Justice, Asaf Lubin, Cherry Tang

Articles by Maurer Faculty

In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.” This Article critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations …