Issues

Liability Rules for Autonomous Vehicles: How Traditional Legal Relations Encourage Modern Technological Innovation

As autonomous vehicles (AVs) come into use, lawyers will guide courts’ choice of liability rules, the sanctions that apply when the rules of the road are broken. The best rule for many accidents involving AVs will be strict liability.

Competing in the Age of AI

Artificial Intelligence (AI) enables the rapid growth of a new type of firm. Many traditional firms now compete directly with AI-based firms. Business strategies and competitive processes are changing.

Privacy Regulation and Innovation Policy

Some claim that privacy regulation threatens innovation, but regulation is appropriate to correct market failures. Privacy regulation could help align markets and ensure that innovation is consistent with social values.

The Impact of Artificial Intelligence on Rules, Standards, and Judicial Discretion

Artificial intelligence (AI) systems will be used by lawmakers and judges to refine and apply the law. Over time, flexible standards will tend to be displaced by precise rules.

Algorithmic Impact Assessments under the GDPR: Producing Multi-layered Explanations

The European Union's General Data Protection Direction (GDPR) addresses concerns with automated decision-making. Impact assessments support both individual privacy rights and oversight of the entire system.

The Economics of Markets and Platforms

Some economic models omit intermediaries, entrepreneurs, and other key factors in dynamic markets. The study of platforms like eBay and Etsy leads to the development of more realistic economic models.

You Might Be a Robot

Policymakers show increasing interest in regulating robots. However, a "robot" can be hard to define. The increasing pace of innovation makes it hard to apply the plain language of laws to new cases.

Prediction, Judgment, and Complexity: A Theory of Decision Making and Artificial Intelligence

Artificial intelligence (AI) raises the possibility that machines will substitute for humans. AI improves the accuracy of predictions, but when a prediction cannot be made with absolute certainty, judgment is needed to choose the best course of action. Judgment can sometimes be automated.

Deep Fakes: A Looming Challenge for Privacy, Democracy, and National Security

"Deep fake" technology makes it possible to create audio and video files of real people saying and doing things they never said or did. These technologies create policy and legal problems. Possible responses include technological solutions, criminal and civil liability, and regulation.

Generalizability: Machine Learning and Humans-in-the-Loop

Machine learned-based software increasingly plays a role in key decision-making systems. The software is “trained” using large datasets; designing effective, fair systems that make accurate predictions when applied to new data is challenging.