Case Western Reserve University

Case Western Reserve University School of Law
Not a member yet
    14041 research outputs found

    Masthead

    Get PDF

    An In-Person Fireside Chat with Canadian Minister Francois-Philippe Champagne

    No full text
    One of Case Western Reserve University School of Law\u27s most distinguished graduates, the Honourable François-Philippe Champagne, will participate in an informal fire-side chat with Dean Michael Scharf in the Moot Courtroom at the Law School. The free-ranging conversation will cover Minister Champagne\u27s experience at our Law School, his remarkable career and the state of Canadian-U.S. relations

    Machines Make Mistakes Too: Planning for AI Liability in Contracting

    Get PDF
    Recent advances in artificial intelligence have set off a frenzy of commercial activity, with companies fearful that they may fall behind if they are unable to quickly incorporate the new technology into their products or their internal processes. At the same time, numerous scholars from the machine learning community have warned of the fundamental risks that uninhibited use of artificial intelligence poses to society. The question is not whether artificial intelligence will cause harm, but when, and how. The certainty of future harm necessitates that legal scholars and practitioners examine the liability implications of artificial intelligence. While this topic has been given increasing focus in the literature, such discussion is lacking in two key ways. First, there has been little attempt to consolidate the literature on the range of legal theories that might apply to harm resulting from the use of artificial intelligence. Second, the literature has failed to address the role that contracting may play in reducing uncertainty around liability and overriding common law approaches. This paper addresses both gaps in the literature and provides legal practitioners with an overview of key considerations related to liability allocation when contracting for artificial intelligence technology. Part I of the paper begins by briefly discussing the risks inherent in the use of artificial intelligence, including in particular risks resulting from a lack of transparency and explainability, and the harms that might result. Part II of the paper distills past legal scholarship on the legal theories that might apply when harm results from the use of artificial intelligence. The theories analyzed include vicarious liability, products liability and negligence. Relevant distinctions between artificial intelligence and software are discussed as they relate to the application of products liability and negligence theories in particular. Part II closes by highlighting that the current uncertainty in the legal landscape for artificial intelligence liability incentivizes contracting parties to address liability directly within their contracts. Part III of the paper then proceeds to provide an overview of important considerations for contracting parties when using contractual apportionment of liability to reduce uncertainty around harm resulting from the use of artificial intelligence. These considerations are organized by contracting phase and by relevant contracting section

    Volume 48 (2024)

    Get PDF

    Distinguished Welcome and Remarks

    Get PDF

    Plain-Bagel Streamlining? Notes from the California Housing Wars

    Get PDF

    Appeal No.1026: Northwood Energy Corp. v. Division of Oil & Gas Resources Management

    No full text
    Review of Chief\u27s Order 2023-2

    Appeal No.1027: Rick L. Brunner v. Division of Oil & Gas Resources Management

    No full text
    Review of Chief\u27s Order 2023-214 Grove CL KNX NW Unit (EAP Ohio, LLC

    The Quiet Part of the Fourteenth Amendment: Why Gender Identity Should Be a Protected Class Under the Equal Protection Clause

    Get PDF

    Volume 75 Issue 2 (2024)

    Get PDF

    11,811

    full texts

    14,041

    metadata records
    Updated in last 30 days.
    Case Western Reserve University School of Law is based in United States
    Access Repository Dashboard
    Do you manage Open Research Online? Become a CORE Member to access insider analytics, issue reports and manage access to outputs from your repository in the CORE Repository Dashboard! 👇