AI & Law: Overturned Rulings Must Be Encompassed In AI

by Dr. Lance Eliot

Don’t forget overturned rulings when data training AI

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Abstract: Much of the time, attorneys know that the law is relatively stable and predictable. This makes things easier for all concerned. At the same time, attorneys also know and anticipate that cases will be overturned. What would happen if we trained AI but failed to point out that rulings are at times overruled? That’s the mess that some using machine learning are starting to appreciate.

Keywords: Artificial Intelligence, AI, Law, Legal, LegalTech, Attorneys, Lawyers, Legal Reasoning

Key briefing points:

• Courts aim to abide by stare decisis, providing a semblance of stability and consistency
• If this is taken too far, we will always be stuck in the past, so to speak
• Therefore, we also accept the idea of overruling or overturning prior rulings
• When training AI machine learning systems, it is vital to not just plop cases into datasets
• The AI system will be judiciously akilter…