AI hiring could mean robot discrimination will head to courts — from news.bloomberglaw.com by Chris Opfer

  • Algorithm vendors, employers grappling with liability issues
  • EEOC already looking at artificial intelligence cases

Excerpt:

As companies turn to artificial intelligence for help making hiring and promotion decisions, contract negotiations between employers and vendors selling algorithms are being dominated by an untested legal question: Who’s liable when a robot discriminates?

The predictive strength of any algorithm is based at least in part on the information it is fed by human sources. That comes with concerns the technology could perpetuate existing biases, whether it is against people applying for jobs, home loans, or unemployment insurance.

From DSC:
Are law schools and their faculty/students keeping up with these kinds of issues? Are lawyers, judges, attorney generals, and others informed about these emerging technologies?

 

Design thinking for lawyers — from lawyerist.com by Marshall Licht

Excerpt (emphasis DSC):

Let’s face it: lawyers have a pretty spotty track record where innovation is concerned. We tend toward the secure, the risk-free, the known…the precedential. We shy from things we view as risky. “New” means “untested” and “untested” means “fraught.” And fraught is a nonstarter.

This propensity toward risk aversion arguably serves our clients reasonably well in the actual delivery of legal services. But it is a two-edged sword. It can simultaneously cripple us and our ability to reimagine how we practice law or how we build our law businesses to meet our clients’ ever-evolving needs.

What is Design Thinking?
Design thinking is an ethos. An ideology. A worldview. It is also, ultimately, a perfectly replicable process aimed at applying long-established and fundamental design principles to the way we build businesses and the processes in them. It is a hands-on, user-focused way to relentlessly and incrementally innovate, sympathize, humanize, solve problems, and resolve issues. For our purposes, design thinking is how you intentionally craft your law business over time to deliver legal services simply, functionally, and beautifully.

 

A face-scanning algorithm increasingly decides whether you deserve the job — from washingtonpost.com by Drew Harwell
HireVue claims it uses artificial intelligence to decide who’s best for a job. Outside experts call it ‘profoundly disturbing.’

Excerpt:

An artificial intelligence hiring system has become a powerful gatekeeper for some of America’s most prominent employers, reshaping how companies assess their workforce — and how prospective employees prove their worth.

Designed by the recruiting-technology firm HireVue, the system uses candidates’ computer or cellphone cameras to analyze their facial movements, word choice and speaking voice before ranking them against other applicants based on an automatically generated “employability” score.

 

The system, they argue, will assume a critical role in helping decide a person’s career. But they doubt it even knows what it’s looking for: Just what does the perfect employee look and sound like, anyway?

“It’s a profoundly disturbing development that we have proprietary technology that claims to differentiate between a productive worker and a worker who isn’t fit, based on their facial movements, their tone of voice, their mannerisms,” said Meredith Whittaker, a co-founder of the AI Now Institute, a research center in New York.

 

From DSC:
If you haven’t been screened out by an algorithm from an Applicant Tracking System recently, then you haven’t been looking for a job in the last few years. If that’s the case:

  • Then you might not be very interested in this posting.
  • You will be very surprised in the future, when you do need to search for a new job.

Because the truth is, it’s very difficult to get the eyes of a human being to even look at your resume and/or to meet you in person. The above posting/article should disturb you even more. I don’t think that the programmers have programmed everything inside an experienced HR professional’s mind.

 

Also see:

  • In case after case, courts reshape the rules around AI — from muckrock.com
    AI Now Institute recommends improvements and highlights key AI litigation
    Excerpt:
    When undercover officers with the Jacksonville Sheriff’s Office bought crack cocaine from someone in 2015, they couldn’t actually identify the seller. Less than a year later, though, Willie Allen Lynch was sentenced to 8 years in prison, picked through a facial recognition system. He’s still fighting in court over how the technology was used, and his case and others like it could ultimately shape the use of algorithms going forward, according to a new report.
 

Law librarians & the future of law firms — from aallnet.org by Jordan Furlong

Excerpt:

Law firms that want to win the highest-value, most complex work from clients will need more than just smart lawyers. They will need powerful knowledge engines to augment and amplify the skills of those lawyers, while also constituting capital assets that accrue in size and value every year. Law libraries and legal information professionals hold the key to assembling and growing such engines, and they are, therefore, the key to the future sustainability and competitiveness of the firms themselves.

 

Drones from CVS and Walgreens are finally here—and they’re bringing Band-Aids — from fastcompany.com by Ruth Reader
With UPS and Google sister company Wing as partners, the big pharmacies are starting to deliver pills, Cheez-Its, and first-aid supplies by drone.

From DSC:
Add those drones to the following amassing armies:

 

 

Discover legal tech by checking out techindex.law.stanford.edu

 

Per their website:

This database is built on a growing community of legal technology companies worldwide. Our Twitter stream gives you a real time glance of what the companies in our database are sharing.

 

Are smart cities the pathway to blockchain and cryptocurrency adoption? — from forbes.com by Chrissa McFarlane

Excerpts:

At the recent Blockchain LIVE 2019 hosted annually in London, I had the pleasure of giving a talk on Next Generation Infrastructure: Building a Future for Smart Cities. What exactly is a “smart city?” The term refers to an overall blueprint for city designs of the future. Already half the world’s population lives in a city, which is expected to grow to sixty-five percent in the next five years. Tackling that growth takes more than just simple urban planning. The goal of smart cities is to incorporate technology as an infrastructure to alleviate many of these complexities. Green energy, forms of transportation, water and pollution management, universal identification (ID), wireless Internet systems, and promotion of local commerce are examples of current of smart city initiatives.

What’s most important to a smart city, however, is integration. None of the services mentioned above exist in a vacuum; they need to be put into a single system. Blockchain provides the technology to unite them into a single system that can track all aspects combined.

 

From DSC:
There are many examples of the efforts/goals of creating smart cities (throughout the globe) in the above article. Also see the article below.

 

There are major issues with AI. This article shows how far the legal realm is in wrestling with emerging technologies.

What happens when employers can read your facial expressions? — from nytimes.com by Evan Selinger and Woodrow Hartzog
The benefits do not come close to outweighing the risks.

Excerpts:

The essential and unavoidable risks of deploying these tools are becoming apparent. A majority of Americans have functionally been put in a perpetual police lineup simply for getting a driver’s license: Their D.M.V. images are turned into faceprints for government tracking with few limits. Immigration and Customs Enforcement officials are using facial recognition technology to scan state driver’s license databases without citizens’ knowing. Detroit aspires to use facial recognition for round-the-clock monitoring. Americans are losing due-process protections, and even law-abiding citizens cannot confidently engage in free association, free movement and free speech without fear of being tracked.

 “Notice and choice” has been an abysmal failure. Social media companies, airlines and retailers overhype the short-term benefits of facial recognition while using unreadable privacy policiesClose X and vague disclaimers that make it hard to understand how the technology endangers users’ privacy and freedom.

 

From DSC:
This article illustrates how far behind the legal realm is in the United States when we look at where our society is at with wrestling with emerging technologies. Dealing with this relatively new *exponential* pace of change is very difficult for many of our institutions to deal with (higher education and the legal realm come to my mind here).

 

 

2019 Legal Trends Report — from clio.com

Excerpts:

Get access to the legal industry’s first longitudinal analysis on how law firms succeed—and how they struggle. You’ll also get critical insights into how today’s legal consumer shops for legal services.

This year’s report also includes results from our in-depth analysis of law firm responsiveness, where we put firms to the test with 1,000 emails and 500 phone calls.

 

Clio's Legal Trends Report for 2019

 

Also see:

 

 

The impact of voice search on firms — from lawtechnologytoday.org

Excerpts:

“Alexa, where can I find an attorney near me who specializes in…?”

“What is my liability if a tree in my yard falls on my neighbor’s house because of a storm?”

“…voice-activated legal searches are coming, and probably faster than you expect.”

 

Exploring Artificial Intelligence and the Law — a presentation/video by Avi Brudner, from blue J Legal

 Exploring Artificial Intelligence and the Law

 

Exploring Artificial Intelligence and the Law

 

Exploring Artificial Intelligence and the Law

 

 

 

 

Can you make AI fairer than a judge? Play our courtroom algorithm game — from technologyreview.com by Karen Hao and Jonathan Stray
Play our courtroom algorithm game The US criminal legal system uses predictive algorithms to try to make the judicial process less biased. But there’s a deeper problem.

Excerpt:

As a child, you develop a sense of what “fairness” means. It’s a concept that you learn early on as you come to terms with the world around you. Something either feels fair or it doesn’t.

But increasingly, algorithms have begun to arbitrate fairness for us. They decide who sees housing ads, who gets hired or fired, and even who gets sent to jail. Consequently, the people who create them—software engineers—are being asked to articulate what it means to be fair in their code. This is why regulators around the world are now grappling with a question: How can you mathematically quantify fairness? 

This story attempts to offer an answer. And to do so, we need your help. We’re going to walk through a real algorithm, one used to decide who gets sent to jail, and ask you to tweak its various parameters to make its outcomes more fair. (Don’t worry—this won’t involve looking at code!)

The algorithm we’re examining is known as COMPAS, and it’s one of several different “risk assessment” tools used in the US criminal legal system.

 

But whether algorithms should be used to arbitrate fairness in the first place is a complicated question. Machine-learning algorithms are trained on “data produced through histories of exclusion and discrimination,” writes Ruha Benjamin, an associate professor at Princeton University, in her book Race After Technology. Risk assessment tools are no different. The greater question about using them—or any algorithms used to rank people—is whether they reduce existing inequities or make them worse.

 

You can also see change in these articles as well:

 

 

Priorities for new lawyers are changing. Can the legal industry keep up? — — from law.com by Annie Datesh, Natasha Allen, and Nicole Hatcher, Atrium
As the legal field continues to move forward, it is well-primed to place greater value on technological advancements, diverse leadership, and healthy work cultures over settling for the status quo.

Excerpts:

Yet the legal industry these lawyers are joining is evolving, and now increasingly hosts a new cohort of professionals—those shaped by technology and innovation, and who value diversity, mentorship, and efficiency over homogeneous workplaces with minimal coaching and exhausted capacities.

Amid a strengthening job market, why are jobs in a generally well-respected industry being looked over in favor of other industries? One reason could be the legal industry’s notorious lack of progressiveness. The industry’s technology landscape is one such area of slow growth; its lack of diversity is another.

The legal industry’s long-standing dismissal of technology, while slowly changing, is fairly well known. While legal technology holds enormous potential for law firms, the industry as a whole has been famously slow to adopt modern technologies or meaningfully innovate on the traditional law firm business model. Why? For smaller firms, money can be tight, and solutions can be expensive.

 

The good news is that the legal industry is slowly but surely becoming more receptive to the benefits of evolving its traditional approach to the business and practice of law. Legal technologies continue to offer increased efficiencies to law firms, should they elect to adopt them, and the call for diversity and other cultural improvements within firms and the legal industry more broadly is on the rise.

Those players in the legal industry who are able to recognize prevailing industry trends now will be in the best position to act on them.

 

An inserted graphic from DSC:

 

The Future Ready Lawyer — from Wolters Kluwer

Excerpts:

Leveraging technology as a strategic advantage is characteristics of high-performing businesses and professionals around the world. The same is true for the legal sector. Technology is a differentiator, and will become even more important as legal professionals recognize and leverage the unprecedented insights, capabilities and efficiencies that technology delivers. In addition, the emerging legal ecosystems will demand it, as tech-empowered players outside of the traditional legal profession continue to enter and disrupt the market.

 

Excerpt from the Future Ready Lawyer

 

 

From DSC:
It’s interesting to note how many times the words “technology” (205 times) and/or the word “technologies” (77 times) appear in that report.

 

 

With IP Accelerator, Amazon edges into the legal services arena — from by Robert Ambrogi

Excerpt:

Online retailer Amazon has taken a step into the legal services industry, launching a curated network of IP law firms providing trademark registration services at pre-negotiated rates.

The goal of the new Amazon Intellectual Property Accelerator is to help companies more quickly obtain IP rights for their brands and access to brand-protection features in Amazon’s stores. It specifically targets small- and medium-sized businesses by making it easier and more cost effective for them to protect their ideas.

 

Also see:

Amazon's new IP Accelerator program -- October 2019

 
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