LARGE LANGUAGE MODELS AND ETHICAL PITFALLS: TESTING THE LEGAL LIMITS OF “ROBOLAWYERING”

A Note by Lee Walter

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Over the past several months, advanced machine learning algorithms called “large language models” (LLMs) have led to the creation of a variety of AI-powered legal software services.[1] LegalZoom leverages a simple LLM to interpret user responses to online questionnaires and generate boilerplate forms for estate planning and new business registration.[2] EU-based LegalAi uses the technology to provide prelitigation assessments of lawsuit validity to consumers.[3] And Casetext provides document drafting and review for attorneys.[4] But by far the buzziest and highest profile of these large language models is Open AI’s ChatGPT (short for “generative pre-trained transformer”). Launched in 2015, ChatGPT has rapidly become synonymous with LLMs, and many legal tech companies have already integrated ChatGPT into their platforms.[5] Most recently, Casetext announced a contract with Am Law 20 firm DLA Piper to provide a ChatGPT-powered … Read the rest

TELEMENTAL HEALTH TAKES CENTER STAGE: HOW PANDEMIC-ERA WAIVERS OPENED THE DOOR TO BETTER MENTAL HEALTH CARE

A Note by Jabari Turner

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Millions of Americans were stuck in their houses during the COVID-19 pandemic.[1] The rising death tolls, financial insecurity, and growing uncertainty increased anxiety, depression, and a surge in emergency department visits for mental health conditions.[2] Federal and state-level licensing alongside permit waivers allowed many Americans needing mental health care, access to telemental health services.[3] As a result, Americans had more options in and out-of-state that were unavailable before the pandemic.[4] During the pandemic, federal agencies waived previous telehealth restrictions.[5] Moreover, in most states, through executive orders, out-of-state mental health providers in good standing were permitted to provide telemental services to patients.[6]

Telehealth gives patients and providers better access, options, and overall healthcare treatment and management without needing to be physically present.[7] In addition, it gives providers more continuity of care, and better … Read the rest

BRINGING ACCOUNTING STANDARDS INTO THE MODERN ERA: ANALYZING THE FINANCIAL ACCOUNTING STANDARDS BOARD’S PROPOSED DISCLOSURE REQUIREMENTS FOR DIGITAL ASSETS

A Note by Zack Stutler

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Technology’s growth over the past decade has permeated all aspects of life.[1] Financial markets have not been isolated from this increasing digitization.[2] More specifically, the introduction of digital assets (crypto-currency, non-fungible tokens, etc.) has taken the world by storm.[3] With the introduction of new assets comes the need for new regulations. While consumer regulations are important, so too are regulations on companies and how they report their ownership of digital assets.[4]

Regulations on companies are important because they increase the transparency of companies as well as look out for the interest of investors and the general public.[5] Without government intervention and regulations, corporations would logically operate in profit-maximizing ways that are self-serving.[6] This self-serving nature often lacks an eye for public interest and may promote a lack of disclosure which is not optimal … Read the rest

CRIMES WITHOUT CONSEQUENCES: EXPLORING THE METAVERSE AS A CRIMINAL FRONTIER

A Note by Doyeon Oh

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A conception of digital worlds in the form of virtual and augmented realities has been a science-fiction vision since the 20th century.[1] As of 2023, that vision has become more than just a reality.[2] Established tech giants like Meta and Google are already taking the next step in developing the “metaverse”—a universal platform promising a fully immersive real-life experience within a network of multiple virtual worlds.[3] Theoretically, the metaverse will allow users, or their “avatars,” to live, work, and socialize as they would in the real world.[4] Casual users may think of it as a “digital playground;” others may see potential business opportunities.[5] Ideas of its use are limitless and exciting,[6] and the metaverse hype seems more than deserving.            

However, this exciting prospect brings forth a dangerously overshadowed issue: violent crimes.… Read the rest

IS STARBUCKS A BANK? HOW THE BILLIONS CONSUMERS UPLOAD ONTO STARBUCKS CARDS SHOULD BE REGULATED

A Note by Mackenzie Morgan

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As technology has continued to advance, so have company reward programs. In 2021, Starbucks customers loaded $11 billion onto mobile Starbucks Cards,[1] accounting for almost half of all Starbucks sales.[2] The amount of money consumers have loaded onto their mobile applications to prepay for their coffee orders has allowed Starbucks to overtake most banks in terms of assets.[3] “85% of US banks have less than $1 billion total in assets, illustrating the major player Starbucks has become in this space.”[4] Should the billions of dollars that consumers have uploaded onto Starbucks Cards be regulated by the federal government?


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PARALLEL GOVERNANCE: THE PATH TO UNLOCKING THE POTENTIAL OF ISLAMIC FINANCE IN A CONVENTIONAL FINANCE SYSTEM

A Note by Rema Marie Kodaimati

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The global debt levels have reached new records despite the massive technological advances made in recent decades.[1] The current global debt has reached approximately 350% of the global GDP, or the equivalent of $37,500 per person in the world.[2] Although international economists have forecasted that the global economy will continue to grow in 2023, albeit at a decreased rate of 2.7% from the 6% of 2021, their predictions are based upon gross domestic product, (“GDP”),[3] a metric that is often criticized as misrepresenting the true state of economic health or the general well-being of societies.[4] Looking at the debt levels within the United States alone, circumstances do not appear to be any better as federal borrowing has practically reached the nearly $31 trillion national cap, with the Treasury Department using latch ditch accounting maneuvers … Read the rest

ROLL FOR DAMAGE: EXPLORING THE STRUGGLE BETWEEN INTELLECTUAL PROPERTY PROTECTIONS AND INNOVATION WITHIN TABLETOP ROLEPLAY GAMES

A Note by Natalie Boyd

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In early January 2023, the Dungeons and Dragons publisher, Wizards of the Coast, became the center of widespread controversy, with over 60,000 people signing an open letter condemning their actions after a revised version of their open gaming license (“OGL”) was leaked (the “Leak”).[1] Dungeons and Dragons, a popular tabletop roleplay game, has used an OGL since 2000 to allow fans and publishers to create works compatible with the original game.[2]This OGL has allowed third party creators to use Dungeons and Dragons rules and systems without any form of royalty fees.[3] Since 2000, third party content created under this OGL has helped build a large network of Dungeons and Dragons gamers who have innovated the game while driving it into mainstream success.[4]

The Leak revealed major potential changes for third party creators including the … Read the rest

DELINEATING DIGITAL MARKETS IN ANTITRUST CONTEXTS

A Note by Lindsey Robin

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As digitization and technology increasingly affect all aspects of life, law makers and academics alike continue to consider how antitrust law can be applied to digital markets. Concerns over big data, data security, monopolization, privacy, and unfair competition practices have garnered much attention across the globe in the last decade.[1] How and whether antitrust law should effectively address these concerns remains a hotly debated topic in the antitrust community.

[1] See generally, Benjamin M. Fischer, The Rise of the Data-Opoly: Consumer Harm in the Digital Economy, 99 Wash. U. L. Rev. 729 (2021); Mason Marks, Biosupremacy: Big Data, Antitrust, and Monopolistic Power over Human Behavior, 55 U.C. Davis L. Rev. 513 (2021); Joshua P. Zoffer, Short-Termism and Antitrust’s Innovation Paradox, 71 Stan. L. Rev. Online 308 (2019)… Read the rest

PROTECTING THE EXERCISE BY WORKERS OF FULL FREEDOM OF ASSOCIATION: GIVING THE NLRB THE TOOLS IT NEEDS TO UPHOLD THE NLRA

A Note by Sam Smith

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On April 9, 2021, Amazon defeated a unionization effort to unionize at their fulfillment center in Bessemer, Alabama after a hotly contested election featuring significant campaigning by both the company and the Union.[1] The Union immediately petitioned the National Labor Relations Board (“NLRB” or the “Board”) alleging several violations of the National Labor Relations Act (“NLRA” or the “Act”) by Amazon,[2] which resulted in the NLRB setting aside the original vote and ordering a new election. [3] The NLRB also reached a settlement with Amazon over its general anti-labor practices in December 2021, forcing the company to issue communications to its over 1.5 million employees informing them of their rights under the NLRA.[4]

[1] See Alina Selyukh, Amazon Warehouse Workers get to Re-do Their Union Vote in Alabama, Nat’l Pub. Radio (Nov. 29, 2021), https://www.npr.org/2021/11/29/1022384731/amazon-warehouse-workers-get-to-re-do-their-union-vote-in-alabama.… Read the rest

BUY NOW, BUT PAY FOR IT LATER: HOW BNPLS ALLOW UNSECURED CONSUMER DEBT TO ACCUMULATE WITHOUT REGULATION

A Note by Alec Klimowicz

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Buy Now, Pay Later (“BNPL”) has taken consumer shopping by storm. Businesses have emerged with the BNPL model as its primary operation, offering repayment plans, typically in four equal payments across six weeks, at no interest.[1] A financial movement that ostensibly began only a couple of years ago is now playing a role in over 200 billion dollars’ worth of transactions.[2] Consumers have accelerated BNPL’s use during the pandemic; BNPL’s usage increased by 230% in 2020 and 400% during the same year’s Black Friday holiday.[3] These businesses, however, have grown at such an exponential rate that regulators are now playing catch up.[4] The balancing act for regulators is to permit wide-usage of the service without taking away its redeeming qualities.

[1] Eversheds Sutherland, Focus on Fintech: The CFPB is Scrutinizing Buy Now Pay Later Products Read the rest