Do our tactics throw out democracy and rule of law while purportedly aiming at saving them?
Governing Digital Legal Systems: Insights on Artificial Intelligence and Rules as Code · MIT Computational Law Report
This article explores how AI and 'rules as code' are turning law into automated systems. It highlights the need for governance focused on transparency, explainability, and risk management to ensure these digital legal frameworks stay reliable and fair.
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The Supreme Court is corrupting American democracy
One cannot hope to bribe or twist/ (thank God!) the U.S. chief jurist
New evidence, new challenges: ICC judges’ perspectives on user-generated evidence and judging in an age of artificial intelligence
Evidence recorded on personal digital devices, or “user-generated evidence” (UGE), has profoundly shaped our ways of knowing about international crimes. UGE can be expected to play an important role in future cases before the International Criminal Court (ICC), yet few trials to date have relied extensively on UGE.. This research provides important insights into how ICC judges define UGE and perceive its strengths and weaknesses, and on the readiness of the Court to adapt to judging in an age of Artificial Intelligence. Using grounded theory to analyse interviews with ICC judges, we identified several key themes, including concerns about the perceived importance and potential bias of evidence sources; the practical challenges of employing UGE; the burden placed on the parties to ensure the reliability of the evidence, to rigorously challenge the opposing party’s evidence, and the importance of preparing legal professionals to address the risks associated with misinformation and disinformation.
How AI Destroys Institutions
Civic institutions—like the rule of law, higher education, and a free press—are the backbone of democratic life. They are the mechanisms through which complex s
AI and Doctrinal Collapse
Artificial intelligence runs on data. But the two legal regimes that govern data—information privacy law and copyright law—are under pressure. Formally, each re
Ignoring the Unreasonable
Illiberal and antidemocratic political forces, for example, in the form of far-right populism, are on the rise. Such politics, commonly referred to as ‘unreasonable’ in political philosophy, is widely seen as a threat to democracy. Many argue that an adequate response must involve listening to , that is, understanding and seriously considering the perspective of the unreasonable. I disagree. I argue that as democratic citizens, we should not listen to the unreasonable; we should, in a sense, ignore them, that is, refuse to understand and seriously consider their perspective, although continue to monitor their activities. Listening to the unreasonable is not instrumentally required for countering unreasonable politics. In addition, the unreasonable likely have no moral claim to be listened to. Finally, listening to them is disrespectful to reasonable citizens whose voice is ignored for the sake of paying attention to the unreasonable. For these reasons, we should ignore the unreasonable.
Citizens Above the Law
The growing sovereign citizen movement reflects an America that has lost faith in its democratic institutions.
Why Mississippi Courts Must Produce Public Defense Plans
The state Supreme Court wants to know how local courts provide lawyers, if any, to poor people after their arrest.
Watch These Judges Rip Into Lawyers For Citing Cases That Don't Exist
“It's striking, concerning, disappointing, and saddening to think that members of the bar would forward cases to a court that don't exist, and to think that the lawyers on the other side of that didn’t read it for whatever reason, didn’t check it.”
Judge Learns Lawyers on Both Sides of Case Used AI, Cancels Trial, Kicks Everyone Off the Case
When two AIs argue against each other, the legal system loses.
Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence
This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the in dubio pro reo principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection acquis, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, inter alia, the new dimensions suspicion has acquired.
Going beyond the “common suspects”: to be presumed innocent in the era of algorithms, big data and artificial intelligence
This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the in dubio pro reo principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection acquis, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, inter alia, the new dimensions suspicion has acquired.
Mississippi public defender system varies widely by county, court plans show
In 1963, the U.S. Supreme Court ruled in Gideon v. Wainwright that the Sixth Amendment requires states to provide lawyers to criminal defendants who cannot afford one. Mississippi delegates that responsibility to counties, a system civil rights attorneys say is inconsistent and ineffective.
Hallucination-Free? Assessing the Reliability of Leading AI Legal Research Tools
Legal practice has witnessed a sharp rise in products incorporating artificial intelligence (AI). Such tools are designed to assist with a wide range of core legal tasks, from search and summarization of caselaw to document drafting. But the large language models used in these tools are prone to "hallucinate," or make up false information, making their use risky in high-stakes domains. Recently, certain legal research providers have touted methods such as retrieval-augmented generation (RAG) as "eliminating" (Casetext, 2023) or "avoid[ing]" hallucinations (Thomson Reuters, 2023), or guaranteeing "hallucination-free" legal citations (LexisNexis, 2023). Because of the closed nature of these systems, systematically assessing these claims is challenging. In this article, we design and report on the first preregistered empirical evaluation of AI-driven legal research tools. We demonstrate that the providers' claims are overstated. While hallucinations are reduced relative to general-purpose chatbots (GPT-4), we find that the AI research tools made by LexisNexis (Lexis+ AI) and Thomson Reuters (Westlaw AI-Assisted Research and Ask Practical Law AI) each hallucinate between 17% and 33% of the time. We also document substantial differences between systems in responsiveness and accuracy. Our article makes four key contributions. It is the first to assess and report the performance of RAG-based proprietary legal AI tools. Second, it introduces a comprehensive, preregistered dataset for identifying and understanding vulnerabilities in these systems. Third, it proposes a clear typology for differentiating between hallucinations and accurate legal responses. Last, it provides evidence to inform the responsibilities of legal professionals in supervising and verifying AI outputs, which remains a central open question for the responsible integration of AI into law.
The Deepfake Defense—Exploring the Limits of the Law and Ethical Norms in Protecting Legal Proceedings from Lying Lawyers
Thousands of audiovisual images documented the insurrectionists who stormed the United States Capitol on January 6, 2021. Authorities subsequently collected tho