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A(I)ccess to Justice: How AI and Ethics Opinions Approving Limited Scope Representation Support Legal Market Consolidation

Artificial Intelligence (AI) is changing our society and bringing the legal profession with it. The use of Generative AI (GenAI) in legal proceedings has received negative publicity from high profile mishaps in court filings. In one case, attorneys used the publicly available online GenAI tool, ChatGPT, to write a legal

Robot Lawyers Don’t Have Disciplinary Hearings—Real Lawyers Do: The Ethical Risks and Responses in Using Generative Artificial Intelligence

In the summer of 2023, the misuse of ChatGPT by two New York attorneys who filed briefs citing fabricated cases made national headlines. This cautionary tale quickly had company, as incidents of other lawyers whose use of artificial intelligence (AI) went horribly wrong filtered in from around the country, including

Bridging the Gap to Every American: How a National Regulatory Sandbox Can Prompt Radical Collaboration to Adopt Legal Artificial Intelligence Tools

The United States of America is at a crossroads. The foundational promises of the American dream—life, liberty, and the pursuit of happiness—have been thrust into public pessimism as the nation’s most economically vulnerable populations find themselves outsiders in their own communities, unable to access the legal tools

AI Diversity and the Future of “Fair” Legal AI

The rapid advancement of artificial intelligence (AI) presents a transformative moment for the legal profession. This Article examines the increasing likelihood of AI reshaping the legal practice, highlights the critical issue of bias, and describes how a multisystem approach to AI can assist in mitigating issues of bias and ultimate

Implementing Information Fiduciaries

This Note discusses the information fiduciary model, proposed by Jack Balkin, where fiduciary duties would be imposed on data collectors and analyzes how such a model could come to pass in the United States. Download PDF

Federal Powers in a Pandemic

This Article examines how the young federal government responded to infectious diseases to ascertain the limits of federal powers and analyzes how federal powers were used in response to the COVID-19 pandemic. Download PDF

Arrests: Legal and Illegal

The Fourth Amendment prohibits unreasonable searches and seizures. An arrest—manifesting a police intention to transport a suspect to the stationhouse for booking, fingerprinting, and photographing—is a mode of seizure. Because arrests are so intrusive, they require roughly a fifty percent chance that an arrestable offense has occurred. Because

Judging the Judiciary

Judicial legitimacy not only depends on judges maintaining the high ethical standards imposed on them but also on the public believing judges will be held accountable when they break the rules. However, judges are often viewed as “getting away with it.” This Article focuses on how to improve this problematic

Social Ecology, Preventive Intervention, and the Administrative Transformation of the Criminal Legal System

This Article outlines an administrative model of criminal justice that provides a conceptual framework and empirical justification for transforming our criminal legal system from a backward-looking, adjudicative model grounded in principles of retribution toward a forward-looking model grounded in consequentialist principles of justice aimed at crime prevention and recidivism reduction.