Operationalising AI governance through ethics-based auditing: an industry case study
AbstractEthics-based auditing (EBA) is a structured process whereby an entity’s past or present behaviour is assessed for consistency with moral principles or norms. Recently, EBA has attracted much attention as a governance mechanism that may help to bridge the gap...
AI Training and Copyright: Should Intellectual Property Law Allow Machines to Learn?
This article examines the intricate legal landscape surrounding the use of copyrighted materials in the development of artificial intelligence (AI). It explores the rise of AI and its reliance on data, emphasizing the importance of data availability for machine learning...
Demystifying the Draft EU Artificial Intelligence Act — Analysing the good, the bad, and the unclear elements of the proposed approach
AI standardization promises to support the implementation of EU legislation and promote the rapid transfer,transparency, and interoperability of this massively disruptive technology. However, apart from well-known practical difficulties stemming from the unique probabilistic nature and the rapid development of AI...
A Computational Evaluation of Two Laws of Semantic Change
For more than a century scholars have proposed laws of se-\nmantic change that characterize how words change in meaning\nover time. Two such laws are the law of differentiation, which\nproposes that near-synonyms tend to differentiate in meaning\nover time, and the law...
Natural language processing and query expansion in legal information retrieval: Challenges and a response
As methods in legal information retrieval (IR) evolve to meet the demands of rapidly increasing stores of electronic information, there is the intuitive appeal of capturing detail in legal queries with natural language processing (NLP). One difficulty with this approach...
Protecting Intellectual Property With Reliable Availability of Learning Models in AI-Based Cybersecurity Services
Artificial intelligence (AI)-based cybersecurity services offer significant promise in many scenarios, including malware detection, content supervision, and so on. Meanwhile, many commercial and government applications have raised the need for intellectual property protection of using deep neural network (DNN). Existing...
Beyond Personhood
This paper examines the evolution of legal personhood and explores whether historical precedents—from corporate personhood to environmental legal recognition—can inform frameworks for governing artificial intelligence (AI). By tracing the development of persona ficta in Roman law and subsequent expansions of...
A Comparative Study of Undue Influence and Unfair Conduct in Contract Law Using NLP and Knowledge Graphs: Bridging Common Law and Chinese Legal Systems Through Computational Legal Intelligence
This study explores intelligent identification methods for undue influence and grossly unfair clauses from the cross-perspectives of artificial intelligence and comparative contract law, focusing on the integration of intelligent text analysis and legal knowledge graph technology. By constructing a dual...
Decisions, Decisions: Machine Learning as a Tool to Identify Alcohol-use Disorder Treatment Seekers
The Dilemma and Countermeasures of AI in Educational Application
This paper divides the application of AI in education into three categories, namely, students-oriented AI, teachers-oriented AI and school mangers -oriented AI, which focuses on the individualized self-adaptive learning of students, the assisted teaching of teachers and the service management...
Big Data�s Disparate Impact
Advocates of algorithmic techniques like data mining argue that these techniques eliminate human biases from the decision-making process. But an algorithm is only as good as the data it works with. Data is frequently imperfect in ways that allow these...
Mapping the Geometry of Law Using Natural Language Processing
Judicial documents and judgments are a rich source of information about legal cases, litigants, and judicial decision-makers. Natural language processing (NLP) based approaches have recently received much attention for their ability to decipher implicit information from text. NLP researchers have...
How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem
As the use of artificial intelligence (AI) continues to spread, we have seen an increase in examples of AI systems reflecting or exacerbating societal bias, from racist facial recognition to sexist natural language processing. These biases threaten to overshadow AI’s...
Computational Methods for Legal Analysis
Computational Methods for Legal Analysis Computational analysis can be seen as the most recent innovation in the field of Empirical Legal Studies (ELS). It concerns the use of computer science and big data tools to collect, analyse and understand the...
Ethical Considerations and Fundamental Principles of Large Language Models in Medical Education: Viewpoint
This viewpoint article first explores the ethical challenges associated with the future application of large language models (LLMs) in the context of medical education. These challenges include not only ethical concerns related to the development of LLMs, such as artificial...
Machine learning in medicine: should the pursuit of enhanced interpretability be abandoned?
We argue why interpretability should have primacy alongside empiricism for several reasons: first, if machine learning (ML) models are beginning to render some of the high-risk healthcare decisions instead of clinicians, these models pose a novel medicolegal and ethical frontier...
Proceedings of the Natural Legal Language Processing Workshop 2023
This talk situates the rising field of NLLP in the context of legal scholarship and practice.It will examine how the field relates to existing inquiries in computational law, AI and Law, and computational/empirical legal studies.Similarities, differences, and opportunities for cross-fertilization...
Constitutional democracy and technology in the age of artificial intelligence
Given the foreseeable pervasiveness of artificial intelligence (AI) in modern societies, it is legitimate and necessary to ask the question how this new technology must be shaped to support the maintenance and strengthening of constitutional democracy. This paper first describes...
Governance in Ethical, Trustworthy AI Systems: Extension of the ECCOLA Method for AI Ethics Governance Using GARP
Background: The continuous development of artificial intelligence (AI) and increasing rate of adoption by software startups calls for governance measures to be implemented at the design and development stages to help mitigate AI governance concerns. Most AI ethical design and...
The Jurisprudence of Justice Gorsuch and Future Efforts to Address Climate Change
Introduction Following the Trump administration’s significant reshaping of the federal judiciary and a number of blockbuster Supreme Court cases during the October 2021 and October 2022 Terms, environmental law is shifting rapidly toward a more…The postThe Jurisprudence of Justice Gorsuch...
AI and IP: Theory to Policy and Back Again – Policy and Research Recommendations at the Intersection of Artificial Intelligence and Intellectual Property
Abstract The interaction between artificial intelligence and intellectual property rights (IPRs) is one of the key areas of development in intellectual property law. After much, albeit selective, debate, it seems to be gaining increasing practical relevance through intense AI-related market...
About the Annual Review of Criminal Procedure
Call for Submissions for Student Essay Competition
DLJ is excited to announce its second-ever online essay competition! The competition is open to all current Duke Law 2Ls who are not on an exclusive journal. Up to two winning submissions will be selected for publication in the DLJ...
Duke Law Journal’s 52nd Annual Administrative Law Symposium: Request for Proposals
The Duke Law Journal invites proposals for its 52nd Annual Administrative Law Symposium, to be held in February 2022, at Duke University School of Law in Durham, North Carolina. The Duke Law Journal’s Administrative Law Symposium has been the premier...
COVID-19 and Indian Country: A Legal Dispatch from the Navajo Nation
There has been much press coverage on the Navajo Nation’s struggle to contain the spread of COVID-19 on its lands. As of May 2, 2020, the Nation has 2,373 confirmed cases, and more than seventy deaths from the virus. These...
Protecting Our Health Care Providers from Liability in a Pandemic
While COVID-19 creates profound medical concerns for health care providers, it also creates fear of potential lawsuits. Clinicians are forced to ration scarce resources, such as ventilators, when there is an inadequate supply. Medical professionals describe chaos in hospitals that...
Closed for Business – Open for Litigation?
Can a business-closure regulation of commercial property in a pandemic be a taking? In the midst of a pandemic, it generally falls to government to enact laws and regulations in an effort to curtail the spread of disease. For example,...
Protests During the Pandemic
As a general rule, the government is permitted to restrict activities, including protesting, during the COVID-19 pandemic. The government can regulate the time, place, and manner of speech in public forums with a content neutral restriction so long as the...
Ethics and governance of trustworthy medical artificial intelligence
Abstract Background The growing application of artificial intelligence (AI) in healthcare has brought technological breakthroughs to traditional diagnosis and treatment, but it is accompanied by many risks and challenges. These adverse effects are also seen as ethical issues and affect...