Vol. 119 No. 7


Essay

SEX LEX MACHINA: INTIMACY AND ARTIFICIAL INTELLIGENCE

Jeannie Suk Gersen*

Sex robots are here. Created specifically to allow individuals to simulate erotic and romantic experiences with a seemingly alive and present human being, sex robots will soon force lawmakers to address the rise of digisexuality and the human–robot relationship. The extent to which intimacy between a human and robot can be regulated depends on how we characterize sex with robots—as a masturbatory act, an in­timate relationship, or nonconsensual[...]


CLR Forum

RECOVERING TECH’S HUMANITY

Olivier Sylvain*

Introduction Tim Wu’s essay, Will Artificial Intelligence Eat the Law?, posits that automated decisionmaking systems may be taking the place of hu­man adjudication in social media content moderation. Conventional adjudi­cative processes, he explains, are too slow or clumsy to keep up with the speed and scale of online information flows. Their eclipse is immi­nent, inevitable, […]


Essay

RULEMAKING AND INSCRUTABLE AUTOMATED DECISION TOOLS

Katherine J. Strandburg*

Complex machine learning models derived from personal data are increasingly used in making decisions important to peoples’ lives. These automated decision tools are controversial, in part because their opera­tion is difficult for humans to grasp or explain. While scholars and policy­makers have begun grappling with these explainability concerns, the debate has focused on explanations to decision subjects. This Essay ar­gues that explainability[...]


Keynote

KEYNOTE

Mariano-Florentino Cuéllar*

Introduction The majority of vehicles on California’s vast network of roads make con­siderable use of information technology. Although most are not yet capable of anything approaching fully autonomous driving, already it is possible to witness something like the following scene. A driver steering one vehicle spies a newer car’s reflection in the rear-view mirror. The […]


Essay

THE JUDICIAL DEMAND FOR EXPLAINABLE ARTIFICIAL INTELLIGENCE

Ashley Deeks*

A recurrent concern about machine learning algorithms is that they operate as “black boxes,” making it difficult to identify how and why the algorithms reach particular decisions, recommendations, or pre­dictions. Yet judges are confronting machine learning algorithms with in­creasing frequency, including in criminal, administrative, and civil cases. This Essay argues that judges should demand explanations for these algorithmic outcomes.[...]


Essay

LAW’S HALO AND THE MORAL MACHINE

Bert I. Huang*

How will we assess the morality of decisions made by artificial intelli­gence—and will our judgments be swayed by what the law says? Focusing on a moral dilemma in which a driverless car chooses to sacrifice its passenger to save more people, this study offers evidence that our moral intuitions can be influenced by the presence of the law.