This paper explores a series of thought experiments that postulate the existence of “artificially intelligent law.” An artificially-intelligent legal system is defined as one with three functional capacities: 1. The system has the capacity to generate legal norms. 2. The system has the capacity to apply the legal norms that it generates. 3. The system has the capacity to use deep learning to modify the legal norms that it generates. The paper then considers the question whether such a system would be desirable as a matter of legitimacy and justice. The core idea of the paper is that the key to the evaluation of artificially intelligent law is to focus on the functional capacities of the system in comparison to comparable human systems, such as regulatory agencies.
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...
Hot Flash: How Understanding Menopause Can Improve Life and Law for Everyone dissolves the silence and stigma surrounding menopause. The book frames...
During times of crisis, governments often consider policies that may promote safety, but that would require overstepping constitutionally protected...
This essay explores the regulation of sperm donation from a reproductive justice perspective. It compares formal sperm donation, which involves...
The SEC mandates that public companies assess new information that changes the risks that they face and disclose these if there has been a “material”...
In the aftermath of Dobbs, as barriers to accessing fertility care increase, one area of growing interest is informal (“DIY”) sperm donation, which...
Medication abortion now accounts for more than half of all abortions in the United States. Typically, patients take a two different pills: first...
Now that the Supreme Court has revoked the constitutional right to reproductive autonomy, we must reckon with the risks that our surveillance economy...
In their intriguing article “Bioethics and the Moral Authority of Experience,” Nelson and colleagues (2023) provide important insight into an...
In this Foreword, I lay out the case for intimate privacy—what it is, why it is in jeopardy, and how we can fight to get it back, if we try...
The Political Language of Parental Rights: Abortion, Gender-Affirming Care, and Critical Race Theory
This Article explores how the rhetoric of parental rights has been deployed to override minors’ access to abortion, gender-affirming care, and...