Monday, April 23, 2018

I Actually Like New York’s Double Jeopardy Loophole The Way It Is, But We Can’t Have Such Nice Things

New York Attorney General Eric Schneiderman is trying to close New York State's double jeopardy "loophole," in a clear attempt to protect prosecutions from possible Trump pardons of his cronies. Normally, prosecutions at the federal level do not preclude prosecutions at the state level. But New York has this weird rule where jeopardy attaches for state purposes if a defendant pleads guilty or a jury is sworn-in even for a federal case, subject to a few exceptions.

It means, potentially, that a person — say, Michael Cohen — who is tried by federal prosecutors, convicted, and pardoned by President Donald Trump could not later be prosecuted for state crimes, even though the president technically has no authority to pardon state crimes.

Wednesday, April 4, 2018

Ethical Considerations For Artificial Intelligence

When people imagine a future of "robot lawyers," they tend to focus on employment and economic effects — for example, the implications for the lawyer labor market (e.g., "will the robots take our jobs"). Often overlooked, but no less important, are the ethical implications of artificial intelligence.

Last week, at the Global Privacy Summit of the International Association of Privacy Professionals (IAPP), I attended a session tackling this very subject — "Machines That Can Learn: Can They Also Be Taught Human Values?" — with the following panelists:

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