Please note that although the syllabus shows what is planned, the
course is unlikely to follow the schedule exactly. This syllabus
is subject to change to address current events and ongoing
developments in the law and to meet the students' needs as
perceived by the professor during the semester.
last updated 7 July 2022
This seminar explores various aspects of the interaction of Artificial Intelligence implementations and the law including some or all of the following: bias in AI expert systems and AI analysis and its impacts on minorities traditionally marginalized groups (e.g., employment, setting bail, and criminal sentencing); AI and IP (e.g., if patents are intended to teach the art patented, and the art patented is not understood because it is self-learning AI, should patents be issued?); IP social justice aspects of AI including the EU’s General Data Privacy Regulation (GDPR) requiring AI to be explainable for certain critical settings such as medical diagnosis; AI and social media, especially with respect to privacy concerns; AI in law practice and law firm management; implications of AI for employment, the economic system, and legal responses thereto; liability for AI errors (e.g., self-driving cars); and applying AI to legal decision-making for claims for benefits such as social security disability or workers compensation.
The course is a seminar with students writing and presenting research papers on topics they select in consultation with and subject to the approval of the professor. Grades will be based upon (1) class participation, (2) conducting class on your paper topic, and (3) the final paper.
Learning Objectives
- Learn about AI
- Explore some legal challenges with respect to AI and the Law and their social justice implications
- Develop your analytical and writing abilities with respect to handling subtle and complex subjects in a scholarly voice
- Understand some of the problems of applying law to novel technological and cultural developments
Janelle Shane, You Look Like a Thing and I Love You: How Artificial Intelligence Works and Why It's Making the World a Weirder Place (Voracious 2019) (available in soft cover and hard cover from many sources online)
Steven D. Jamar, A Social Justice Perspective on IP Protection for Artificial Intelligence Programs, ch. ___ in Steven D. Jamar and Lateef Mtima, eds., Cambridge Handbook on IP and Social Justice (forthcoming, Cambridge U Press 2022)
Frontline: In the Age of AI (PBS Nov. 5, 2019) (2 hrs) (available on PBS)
Social Dilemma (2020 Netflix documentary) (https://www.imdb.com/title/tt11464826/) (available on Netfix)
Coded Bias https://www.codedbias.com/about (available on Netflix and PBS) ("Coded Bias follows M.I.T. Media Lab computer scientist Joy Buolamwini, along with data scientists, mathematicians, and watchdog groups from all over the world, as they fight to expose the discrimination within algorithms now prevalent across all spheres of daily life."https://www.pbs.org/independentlens/documentaries/coded-bias/) A related resource you may find helpful in this course. Algorithmic Justice League.
Max Simkoff & Andy Mahdavi, AI Doesn't Actually Exist Yet (Scientific American online, November 12, 2019) https://www.ajl.org/about
Materials identified, prepared, or distributed by the professor from time to time via email, links, downloads, and hard copy
Materials assigned by students for their class presentations
Office:
HH 402
Email:
stevenjamar@gmail.com (I will typically respond to email within 24 hours.)
Office Hours:
The times listed below are for f2f office hours on campus (vaccination and masks required). I will post online (via zoom) office hours and sign-up times for office hours (when applicable) on my TWEN Office Hours "course" page.
Tues.
2:30 - 4:00 pm
Occasionally I will not be able to keep these office hours because of other pressing commitments.
If you need to see me at another time, please contact me so we can make an appointment.
This course is subject to grade normalization with the average of the grades falling between 82 and 88.
The course is not intended to be nor designed to be a heavy reading course other than the work to be done for the paper. The readings and viewings (documentaries) will be somewhat front-loaded so that you can concentrate on your paper and on your class presentation during the last 6 weeks.
Quality, effort, diligence, and active involvement will all be included in assessment of each aspect of the grade. Quality matters, of course, but will not be the sole determinant. Effort will matter as well as results of those efforts. (Of course there tends to be a strong correlation between effort and result.)
Final Paper (50 pts)
The faculty approved this course for LW III credit. You may submit a paper either for LW III credit or merely to satisfy the paper requirement of the course. The LW III paper requirements are more stringent than the non-LW III paper requirements.(See below for the LW III requirements.) If you elect to submit it for LW III credit, you must notify me at the time the proposal is submitted. If you later decide to not submit your paper for LW III, that will be ok. But changing from non-LW III to LW III credit is harder.
The paper is to be based upon original research. A paper submitted for LW III credit must be a thesis paper, i.e., it must state a point that you will evaluate and demonstrate. A paper submitted to meet the course requirements only may be a research paper or literature review, but students are strongly encouraged to write thesis papers even if the paper is not being submitted for LW III credit. The research and evaluation of the topic must be neutral and objective, but the point being made need not be.
Some possible topics and potential thesis statements may be distributed at the start of class as examples. You will not be limited to topics suggested on the distributed list.
In selecting your topic, please keep in mind at least the following:
- It should be something that interests you;
- It should lend itself to completion in one semester;
- It should provide fodder for a class discussion; and
- It must have something to do with artificial intelligence and its relationship to the law.
Part of your final paper grade will be based upon your meetings with the professor as you develop your topic and work on the paper.
Be sure to comply with my writing formalities requirements.
Class presentation of your paper topic (25 pts)
You will be required to conduct a class on your topic toward the end of the semester. Depending on class size, a typical presentation would include a 15-30 minute lecture (with PowerPoint slides or other graphics such as video clips) followed by some class discussion about your topic. The presenter should plan some prompts to facilitate the discussion. The presentation may also include an exercise related to the topic. In the week or so before your presentation you must meet with the professor to discuss the scope of your presentation and other aspects of conducting a class successfully.
Class attendance and participation (20 pts)
You will be graded on the quantity and quality of your class participation, including the quality of your preparation for class discussion. Attendance counts as does contributions to class discussion.
The law school attendance policy will be enforced. If you have 15% or more unexcused absences from the scheduled class sessions, starting from the first day of scheduled classes, you will receive an "F" for the course unless you formally withdraw from the course before the last day to drop a course as set by the law school academic calendar. Under the law school policy, attendance means being present at the start of class and throughout the class period. Tardy students and students who leave class early may be counted as absent.
Individual Office Meetings (5 pts)
Each student must meet with me individually (f2f or via zoom) at least twice: (1) once to discuss their paper topic before approval, and (2) once before their presentation to discuss the manner and scope of presenting their topic. These meetings may be in person or via Zoom.
In this seminar students will explore a few of the problems arising from the interactions of law and AI. The first 4-6 weeks of the course will introduce basics about what AI is and is not, about basic legal issues surrounding AI generally, and some social justice concepts such as bias, inclusion, access, and empowerment as a lens through which to consider some AI issues.
After the first 4-6 weeks, assigned readings will be kept to a minimum to allow ample time for students to work on their papers. Some class time will be spent on general writing matters such as choosing a topic, what a thesis research paper is, research and writing tips, and the scholarly voice. Depending upon topics selected, we may also do some group brain-storming on each others' topics to help each other refine one's thoughts.
Class will normally meet as scheduled. Depending on the class there may be a 10 minute break about partway through the class. Some classes may run short.
Food is not allowed in the classroom.
Guest speakers may from time to time be in person or via Zoom, to the extent they can be scheduled.
Some classes may be cancelled to allow for individual meetings with the professor on your paper topics.
Attendance and participation in class discussion counts toward your final grade.
All papers:
- By or during the 5th week of class, each student must submit the following:
- A proposed topic with a ˝ to 1 page sketch of what the paper is intended cover. This sketch must include a thesis statement if the paper is being submitted for LW III credit (see cover page requirements). Other papers topic proposals do not need a thesis statement, but thesis papers are preferred to mere research papers.
- An annotated bibliography of five (5) properly cited primary and secondary materials with a 1/3 to 1/2 page annotation for each source. The annotation is to describe the source and to explain the how that source relates to the proposed topic. At least three of the sources must be secondary authority sources.
- During the 5th and 6th weeks, each student is to meet with the professor individually in person or via zoom at least once to discuss and refine the paper topic.
- A draft of the paper of at least 2000 words (4500 words for LW III papers) is to be submitted by the time student presentations start (around the 10th week -- precise date will be determined later). This requirement is sometimes modified depending on the class, the topics, and other matters.
- The final version of the paper is due at the start of the last day the course meets. The last meeting date is typically the Tuesday the week before Thanksgiving (Nov. 15, 2022 this year). This deadline can be extended to Nov. 22 or even to as late as Nov. 29 at the discretion of the professor upon timely request of the student(s).
- Proposals, drafts, and final papers are to be submitted electronically via email to stevenjamar@gmail.com in MS Word .docx format and proposals are to be submitted in hard copy by the start of class for the 5th week (earlier is fine too).
LW III papers
If you are submitting your paper for LW III credit, you must meet the requirements for this course and the HUSL requirements for LW III papers. The essential differences are the length (3500 words vs. 7500 words) and the sophistication required. For the non-LW III paper, a research paper or report is acceptable (though a thesis paper is preferred). To get the LW III credit, the paper must be a thesis paper.
For LW III credit you must submit a credible first draft of at least 4500 words by the start of student paper presentations and you must meet with me at least once after that submission to discuss revisions for the final paper after I have given you some written feedback on your first draft. You must also note on each draft, including the final draft, on the cover page (see below) that it is being submitted for LW III credit and your expected semester for graduation.
The HUSL Student Handbook provides the following information and requirements for LW III papers:
1. Legal Writing III is not a particular course; instead, it is a significant scholarly writing requirement which can be met in a number of ways. To satisfy the LW III requirement, each student is required to complete, under the supervision of a full-time faculty member (not an adjunct or other instructor who is not a faculty member employed under a full-time faculty contract)[fyi, this is the provision that the faculty waived for my teaching of this seminar], (1) in-depth research in a specialized area, resulting in (2) a written product in which the issues involved are fully analyzed and supportable conclusions articulated. Typically, the Legal Writing III requirement is satisfied in the student’s third year.
2. To satisfy the Legal Writing III requirement, the written product must meet the following conditions:
a. The written product must be completed under the supervision of a full-time member of the faculty who has agreed to assist the student [fyi, for me teaching this course, the faculty waived the full-time faculty member requirement, but not the supervision requirement; I am permitted to do that];
b. A minimum grade of 75 must be earned on the written product;
c. The written product must use proper legal citation form, give proper attribution to the work of others, and be at least 7500 words long; and
d. Each student is required to submit an outline or outline substitute (such as a thesis statement and annotated bibliography) and at least one draft of the written product to the supervising faculty member prior to submission of the completed written product.
1. The writings are to be printed using 1.15 spacing between lines. Margins are to be set at 1.25 inches. A serif font of at least 12 point size is required. (Use of crappy fonts like New Times Roman is discouraged.)
2. A printed copy is to be turned in to the professor or to the Faculty Support Administrator on or before the due date and an electronic version in MS Word and in PDF formats are to be emailed to Professor Jamar at stevenjamar@gmail.com.
3. Cover page or first page or title page: Each document submitted for the course is to include the following information in the upper left hand corner of the cover/first/title page:
4. Additional information to be included in the information block on the cover/first/title page for those seeking LW III credit (this requirement applies to the topic proposal(s), annotated bibliography, drafts, and final submission):
- Your name
- Course name
- Professor
- Identity of document (e.g., topic proposal)
- Assignment due date
- Date material is actually turned in
- Whether it is being submitted for LW III credit, and if so, expected graduation date (e.g., LW III; Expected graduation spring 2023)
Note on assigned readings: Expect changes as we go.
For the first class come prepared to discuss some recent news concerning AI & the law. Issues pop up regularly in the news regarding AI developments that have some legal implications or issues. Watch the 2 documentaries listed below and read the two Scientific American magazine articles listed.
Frontline: In the Age of AI (PBS Nov. 5, 2019) (2 hrs)Introduction to AI: history and basic aspects of machine learning
Social Dilemma (2020 Netflix documentary) (https://www.imdb.com/title/tt11464826/)
Max Simkoff & Andy Mahdavi, AI Doesn't Actually Exist Yet (Scientific American online, November 12, 2019)
John McQuaid, Your Boss Wants to Spy on Your Inner Feelings (Scientific American, Dec. 1, 2021 issue, online at https://www.scientificamerican.com/article/your-boss-wants-to-spy-on-your-inner-feelings/ ) (very good primer on bias in AI and it provides examples of AI strengths and weakness
Come prepared to present several ideas from the Frontline: In the Age of AI documentary to share with the class to form the foundation for class discussion.
Shane Chs. 1-2 pp. 7-60
Ch. 1 What is AI? focus especially on pp. 24-28 (How to detect a bad rule; Four signs of AI Doom)
Ch. 2 AI is everywhere, but where is it exactly? focus especially on pp. 43-45 (insufficient data); 48-55 (don't ask AI to remember); pp. 55-60 (autonomous vehicles)
Come prepared to discuss issues raised by the following two sources plus Shane. Consider how one defines and identifies bias in a legal enforcement context.
Watch: Coded Bias https://www.codedbias.com/about (available on Netflix and PBS).
Read: John McQuaid, Your Boss Wants to Spy on Your Inner Feelings (Scientific American, Dec. 1, 2021 issue, online at https://www.scientificamerican.com/article/your-boss-wants-to-spy-on-your-inner-feelings/ )
Shane Ch. 3 pp. 61-108 How does it actually learn? (This chapter is absolutely central to a lawyer seeking to work in the area of AI policy or practice. You need to understand this to understand the nature of the AI problems with bias, difficult problems, and unexpected situations. For class be prepared to discuss some aspects of one of the three films assigned so far and how the information of this chapter informs our understanding of AI bias, privacy concerns (especially facial recognition), employment judgments (even if unbiased in illegal ways), and social media and manipulation via AI. What did you personally learn that helps you make sense of the three films?
Shane Chs. 4-5 pp. 109-160
Ch. 4 It's trying! Shane identifies 5 instances in which AI is likely to fail at its assigned task built mostly around data set and training problems. This is all important information, but perhaps most critical for our purposes is on pp. 132-139
1. The problem is too broadCh. 5 What are you really asking for? Read this chapter mostly for examples of how hard it can be to define the AI task well. This chapter illustrates the lack of common sense or artificial general intelligence in AI implementations today.
2. The data set was too small
3. The data set is confusing or has confounding information
4. The task/problem it was trained for is not adequately complex for it to complete that task in the real world
5. The setting in which it trained (simulation) is much simpler than the real world
Paper topics, summaries, annotated bibliographies due on Tuesday at the start of class. Please bring hard copies and email an electronic version to me (to facilitate zoom conferences).
Shane Chs. 6-7 pp. 160-184 Read these two chapters mostly for examples of ways in which an AI implementation can go wrong despite the best efforts of the programmer.
Ch. 6 Hacking the Matrix, or AI finds a way.
Ch. 7 Unfortunate shortcuts
Shane Ch. 8 Is and AI brain like a human brain? pp. 185-208
Shane Ch. 9-Human bots (where can you not expect to see AI?) pp. 209-235
Individual conferences on paper topics/progress
Individual conferences on paper topics/progress
Some class time will be spent on general writing topics such as narrowing a topic, what a thesis research paper is, research and writing tips, the scholarly voice, and the like. Depending upon topics selected by students, we may do some group brain-storming on each other's topics to help each other his or her thoughts.
The exact order of topics and indeed the topics themselves will depend on current events, student paper topic proposals, time available, and interests of the professor and students
Up to 3 presentations per class period will be scheduled
HU and HUSL Policies
Seriousness of
Academic Purpose: To achieve its
educational purposes, HUSL must maintain an environment conducive
to learning and to scholarly endeavors of both faculty and
students. Seriousness of academic purpose requires students
to prepare daily, to do assignments in a timely fashion, to attend
class regularly, to be punctual, and to participate in class in
meaningful way.
Attendance Policy
Howard University School of Law Student Handbook
§ 308 Attendance Policy
308.1 Statement of Policy Regular and punctual attendance is an
important part of a student’s legal education. In addition, a
student’s participation in class affects other students. As a
prospective attorney, a student should develop strong habits of
regular attendance. For these reasons, the American Bar
Association and the Howard University School of Law require
regular and punctual class attendance. In addition, some Bar
examiners require the Dean to certify that a student has
regularly attended classes before they allow a graduate to sit
for a bar examination.
“Regular attendance” in a course means attending at least 85
percent of scheduled classes during the semester. The percentage
of absences is intended to account for the range of minor
illnesses, family obligations, interviews, and unplanned events
that occur.
Clinics and externships may define “regular attendance” as
requiring more than 85 percent of scheduled classes if that
definition is clearly set forth in the course syllabus.
Absences due to curricular and co-curricular requirements will
not be counted if the absence is due to an unavoidable
scheduling conflict which neither the professor nor the student
controls and the notice requirements set forth below are
satisfied. Examples of curricular and co-curricular requirements
that might cause the type of conflict to which this provision
applies include, inter alia, emergency court
appearances, moot court competitions, and mock trial
competitions. If an absence is due to a scheduled
curricular or co-curricular requirement, then the student must
ask the professor of record for the class with the curricular or
co-curricular requirement to notify the professor of record for
the missed class in writing before the absence. If an
absence is due to an unscheduled or emergency curricular or
co-curricular requirement, then the student must ask the
professor of record for the class with the curricular or
co-curricular requirement to notify the professor of record for
the missed class in writing within 48 hours of the
absence.
Absences due to religious holidays will not be counted if the
student notifies the professor(s) before the absence(s) of the
student’s intention to miss class because of a religious
holiday.
Covid-19 Amendment to the attendance policy as of Fall 2021
We are conducting courses fully in-person. There is no remote
option to attend classes unless otherwise noted on the Fall 2021
course schedule. Thus, “Attendance” means attending a class in
person, except for the following documented circumstances:
(a) Any student
who is not cleared to attend classes via the daily Bison Safe
app self-assessment.
OR
(b) Any student who, due to significant
health concerns due to Covid-related caretaking responsibilities
of a family member may be granted permission to
(i) attend class remotely (e.g., via
synchronous Zoom) if the professor has made that option
available; or
(ii) satisfy the attendance requirement by
viewing/listening to a class recording; or
(iii) satisfy the attendance requirement by
receiving class notes and assignments from a classmate.
The mode of how the material is provided ((i), (ii), or (iii))
is at the discretion of the professor and is subject to the
approval of the Associate Dean for Academic Affairs (Dean
Olivares). Faculty members are not authorized to grant any
additional exceptions to the Attendance Policy absent prior
written approval from the Associate Dean for Academic Affairs.
In each of the above circumstances, the student must provide as
much advance notice as possible and request for approval to
attend in one of the above modes. (The faculty member will
determine the mode(s) of alternative attendance.). The student
must provide this notice and request to their professor(s) and
to the Associate Dean for Academic Affairs. Further, in each of
the above circumstances, the student must provide documented
evidence to support the request to Dean Olivares. Note that
there are no excused absences or a right to an alternative mode
of attendance; the request may be denied if not documented or
credible; and the request may be limited to a certain time
period and/or other conditions. It is the responsibility of the
student to ensure that they provide the necessary documentation
and quickly reply to any further inquiry. Dean Olivares or her
designee will provide the result of the request to the student
and professor.
Academic Offenses: All students should note that cheating
and plagiarism are academic offenses that violate the Howard
University Student Code of Conduct and the Howard University
School of Law Student Handbook. Students are also expected
to be familiar with the Academic Code of Conduct found in the
H-Book.
Howard University Statement of ADA Procedures: Howard
University is committed to providing an educational environment
that is accessible to all students. In accordance with this
policy, students in need of accommodations due to a disability
should contact Director of Student Affairs Adrienne Packard
regarding disability verification and determination of reasonable
accommodations as soon as possible after admission to the School
of Law, and at the beginning of each semester. Ms. Packard
can be reached at 806-8006 or
adrienne.packard@law.howard.edu.
"Writing Matters"
Writing is an essential tool for thinking and communicating in
virtually every discipline and profession. Therefore, in this
course I expect you to produce writing that is not only thoughtful
and accurate, but also organized, clear, grammatical, and
consistent with the conventions of the field. If your writing does
not meet these standards, I may deduct points or ask you to
revise. For assistance with your writing, go to the student
section of the Writing across the Curriculum (WAC) website,
http://www.cetla.howard.edu/wac/students.aspx.