Governments are increasingly relying on algorithms to automate decision-making in diverse areas, including social welfare, criminal justice, healthcare, law enforcement and national security. This chapter sketches the way in which algorithms are or may be used across the spectrum of government decision making — from the drafting of legislation, to judicial decision making, to the…
Trade Mark Infringement and Artificial Intelligence
Abstract: Artificial intelligence (AI) technologies are starting to alter the way in which consumers shop for and purchase goods and services. This exploratory article examines some of the implications the increasing use of AI technologies may have to the law of trade mark infringement under New Zealand’s Trade Marks Act 2002. Trade mark infringement is…
Predict and Suspect: The Emergence of Artificial Legal Meaning
Abstract Recent theoretical writings on the possibility that algorithms would someday be able to create law have delayed algorithmic law-making, and the need to decide on its legitimacy, to some future time in which algorithms would be able to replace human lawmakers. This Article argues that such discussions risk essentializing an anthropomorphic image of the…
The Death of the Legal Profession and the Future of Law
Abstract This article identifies the five large-scale changes that have happened or are happening to the legal profession: 1. How technology solutions have moved law from a wholly bespoke service to one that resembles an off-the-shelf commodity; 2. How globalisation and outsourcing upend traditional expectations that legal work is performed where the legal need is, and shifts production away from high…
Law, Artificial Intelligence, and Natural Language Processing: A Funny Thing Happened on the Way to My Search Results
Abstract Renowned legal educator Roscoe Pound stated, “Law must be stable and yet it cannot stand still.” Yet, as Susan Nevelow Mart has demonstrated in a seminal article that the different online research services (Westlaw, Lexis Advance, Fastcase, Google Scholar, Ravel and Casetext) produce significantly different results when researching case law. Furthermore, a recent study of 325…
Augmented Lawyering
Abstract How will artificial intelligence (AI) and associated digital technologies reshape the work of lawyers and structure of law firms? Legal services are traditionally provided by highly-skilled humans — that is, lawyers. Dramatic recent progress in AI has triggered speculation about the extent to which automated systems may come to replace humans in legal services. A related debate is whether…
Models of Law and Regulation for AI
Abstract This paper discusses models of law and regulation of Artificial Intelligence (“AI”). The discussion focuses on four models: the black letter model, the emergent model, the ethical model, and the risk regulation model. All four models currently inform, individually or jointly, integrally or partially, consciously or unconsciously, law and regulatory reform towards AI. We…
AI and Dispute Resolution
Abstract The office of a judge is nowadays an indispensable part of the system of governance. However, this does not mean that the legal regulation of this area is optimal and this area does not pose any challenges for lawyers. Moreover, there is no general consensus on how state power, including that of the courts, should be exercised….
Artificial Intelligence: Thinking About Law, Law Practice, and Legal Education
Abstract On April 26-27, 2019, the Duquesne University School of Law hosted a conference titled “Artificial Intelligence: Thinking About Law, Law Practice, and Legal Education.” Over those two days, more than 100 attendees were able to listen to nineteen presentations offered by thirty-one professors, educators, technology experts, and lawyers. The four articles in this symposium issue of…
Racism in predictive justice, the issues with algorithmic policing
A new article by Will Douglas Heaven, senior AI editor at the MIT technology review has called for an end to the use of predictive policing and justice, powered by AI algorithms. The article looks at a number of ways that race feeds into AI algorithms, and how this can detriment minorities. The article suggests…