Law Review Symposium: Artificial Intelligence and the Law

Law Review Symposium: Artificial Intelligence and the Law

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This Symposium consists of 660 instructional minutes.

accredited for 13.2 WV MCLE hours (1.5 ethics) and 11.0 PA MCLE hours (1.0 ethics).

Application to Ohio and Virginia pending.

Anyone seeking credit in other MCLE states will receive a certificate of attendance to be self-submitted to the Bar Associations as needed.

February 25-26, 2021 via Zoom Webinar

February 25, 10 A.M.-4:45 P.M.

February 26, 9:30 A.M.-3:45 P.M.

Webinar link will be provided to all registrants on February 24.

This Law Review Symposium has been planned by the West Virginia Law Review, Ashley Faulkner and Erin O’Brien, Executive Article Selection and Symposium Editors.

Thursday February 25th

10-11AM: Featured Speaker, Emile Loza de Siles

Professor Loza de Siles offers a cornerstone lecture and discussion in three parts toward understanding artificial intelligence (“AI”) and framing conceptions about AI in the law.  She introduces key AI technical terms and map those to legal terms of art and constructions. Second, Professor Loza de Siles presents two legal taxonomies by which to categorize AI types and uses and then sketches out some of the legal implications associated with these distinctions.  Third, she offers a holistic taxonomy of AI system and use that is informed by concepts in systems and process engineering and product marketing. Using this conceptualization, Professor Loza de Siles suggests that AI becomes a process to be deconstructed, comprehended, and framed for legal analysis and doctrine and policy development. 

11:15AM-12:30PMMan, Machine and Money: at the Crossroads of AI, Data Privacy and Consumer Protection. 

Panelists: Janine Hiller, Professor Jena Martin, and Tom C.W. Lin.

Artificial Intelligence is rapidly being adopted by businesses, firms, the financial sector, and other institutions that touch consumer’s everyday lives. AI brings with it the hope of more efficient markets, better consumer accessibility, and more accurate decision-making. However, AI is only as perfect as its creator, leaving it vulnerable to humankind’s foibles. This creates potential to exacerbate already existing biases, errors in judgment, and heuristic thinking. These issues can leave consumers gravely mischaracterized or injured without access to recourse. Accordingly, this panel aims to discuss the benefits, pitfalls, and insights about the intersection of AI and consumers’ legal rights.

12:30-1PM: Lunch Break


1-2:15PM: Artificial Intelligence and Public Interest
Panelists: Susan Saab Fortney, Drew Simshaw, and Stephen Henderson

Artificial Intelligence is a ubiquitous part of our daily lives and is undeniably changing the world we live in. Bringing together scholars of international business & human rights, legal ethics, and criminal law and procedure, this panel session is dedicated to inquiring into the converging fields of artificial intelligence, social justice and law. This panel aims to advance the dialogue on policy, practice, and international cooperation for the trustworthy adoption of AI in government, industry and society by presenting novel questions, innovative ideas, and a more detailed discussion on the emerging scholarship within the field. Above all, this panel provides an opportunity to think together about meaningful collaboration between artificial intelligence and social work as a means to reduce inequality and improve the route to justice.

2:15-3:15PMFeatured Speaker, Dean Alderucci

Artificial Intelligence is assuming a prominent role in intellectual property law and practice. AI can be used to facilitate the various types of legal work performed by attorneys and the world’s IP offices, such as patents and trademark searching and assisting in the analysis of patentability issues. AI also presents many novel IP issues that have yet to be resolved. For example, it can be difficult to apply conventional doctrines to AI that creates patentable inventions or copyrightable works. We also must grapple with the appropriate scope of IP protection for text, images, and other data that AI uses either as training data or as raw material for creating derivative works.

3:20-4:35PMArtificial Intelligence and Intellectual Property

Panelists: Dean Alderucci, Daryl Lim, and Professor Shine (Sean) Tu.

As Artificial Intelligence (AI) and Machine Learning continue to advance, AI is slowly finding uses in the legal field. Specifically, there has been a major push for AI to play a more prominent role with regards to Intellectual Property. This panel will examine the growth of AI, current problems in the legal field of Intellectual Property, and how AI can be applied to those problems to create a more consistent and less subjective form of legal analysis. This panel will also discuss the hurdles facing the future of AI in the legal field of Intellectual Property and how the average IP lawyer can better utilize AI when tackling legal issues.


4:35PM: Closing


Friday February 26th


9:30-10:45AMData as Power

Panelists: Kevin Ashley, Tabrez Ebrahim, and Emile Loza de Siles

A single datum in isolation reveals relatively little about issues big and small. However, in aggregate, data can be an incredibly powerful tool of problem-solving, issue spotting, and even prediction. Data has the power to improve our classrooms, country, and world. But, with this power comes a scalable risk that the power with being misdirected or even abused. This panel will discuss the wide applications of computer-generated data, artificial intelligence, and legislative and regulatory oversight and other ethical duties to keep this power in check.

11AM-12:30PMBias Preservation in Machine Learning: The Legality of Fairness Metrics Under EU Non-Discrimination Law

Keynote Speaker, Sandra Wachter

Western societies are marked by diverse and extensive biases and inequality that are unavoidably embedded in the data used to train machine learning. Algorithms trained on biased data will, without intervention, produce biased outcomes  and increase the inequality experienced by historically disadvantaged groups. Recognizing this problem, much work has emerged in recent years to test for bias in machine learning and AI systems using various bias metrics. In this paper we assessed the compatibility of technical fairness metrics and tests used in machine learning against the aims and purpose of EU non-discrimination law.  We provide concrete recommendations including a user-friendly checklist for choosing the most appropriate fairness metric for uses of machine learning under EU non-discrimination law.

12:30-1PM: Lunch Break


1-2:15PMArtificial Intelligence and Social Media

Panelists: Amy Cyphert, Erin Kelley, Maya Medeiros

Social media, like many technologies powered by AI, has both promise and peril. This panel will discuss legal issues related to social media, including First Amendment issues, user privacy, and the now notorious Section 230 of the Communications Decency Act. Panelists will also discuss social media’s use of technology like facial recognition and powerful recommender systems algorithms that impact what users see in their feeds.

2:30-3:45PMLegal Ethics and Artificial Intelligence

Panelists: Joshua Davis, Christine Chamber Goodman, and Drew Simshaw

As AI more frequently takes on important tasks in legal practice, a dialogue about the ethical obligations attorneys must consider surrounding the use of AI is more necessary than ever. Swift changes concerning the use of AI in legal practice are expected in the coming years, thus it is necessary to address the ethical challenges presented by AI just as swiftly, with a concentration on the design phase of legal AI technologies, the lawyer client relationship, and the consequences of conscious AI.

3:45PM: Closing