prof & Dir Law & Technology, @NorthwesternLaw & @NorthwesternEng; @CodeXStanford Affiliated Faculty; frmr #BigLaw partner; AI4Law; Law4AI; ppl+process+data+tech

Chicago, IL @NorthwesternU
Joined February 2013
Law must be a part of computer science curricula Agreed, @mireillemoret! Excellent @CACMmag piece! So much important CS+Law work to be done! We're onboard at @NorthwesternU w interdisciplinary CS+Law courses in both @NorthwesternEng & @NorthwesternLaw! cacm.acm.org/magazines/2021/…
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Daniel W. Linna Jr. retweeted
Law folks: If you’re not using Claude Code or ChatGPT’s Codex, you have no idea what you’re missing. So I’m distributing my research tools that provide a huge boost to legal scholarship. Research assistance, cite-checking, proofreading, and more (thread): danepps.github.io/legal-rese…
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🚨CFP: Computer Science & Law 27 🚨 Tomorrow is the last day to submit to CS&Law 2027! We welcome papers at the intersection of these two fields and have both an archival and non-archival (for previously published and working papers)! computersciencelaw.org
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"Frontier AI is itself a firewall" and "slowing its development can postpone new defenses" and "cost protection as well as progress." Excellent @WSJ op-ed by my @NorthwesternLaw colleague, @joldmcginn.
The safest course on AI is not necessarily the slowest. More capable models may be our best defense against malicious uses of AI. A slowdown can cost us protection as well as progress, as I write in the WSJ today: wsj.com/opinion/the-best-def…
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Daniel W. Linna Jr. retweeted
The safest course on AI is not necessarily the slowest. More capable models may be our best defense against malicious uses of AI. A slowdown can cost us protection as well as progress, as I write in the WSJ today: wsj.com/opinion/the-best-def…
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Daniel W. Linna Jr. retweeted
Update: We didn’t start preparing
It won’t be long before AI demonstrably outperforms college teachers in educating students, by a wide margin, and at a fraction of the cost. It would be in our interest to start preparing now for what our value-added will be in this new age.
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Of course, we will fight tooth and nail against this, and things move slowly enough in higher education that many of us will be able to reach retirement, but running out the clock isn’t much of a scholarly or professional identity.
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Daniel W. Linna Jr. retweeted
It won’t be long before AI demonstrably outperforms college teachers in educating students, by a wide margin, and at a fraction of the cost. It would be in our interest to start preparing now for what our value-added will be in this new age.
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Anthropic released a law student plugin. It's designed to act as a tutor, but it will brief cases, build outlines, predict exam questions based on sample exams, and many other skills. I'll show you how to install it in the comments. You should expect your students are using this. You should probably use it for your footnotes.
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I've started telling clients. if all you're going to do is prompt the AI (poorly), let me prompt it. I'm better at doing that.
AI can’t (yet) replace lawyers as non-lawyers don’t know what they don’t know. In this case, the AI would have probably produced a significantly more feasible redline had the client given additional context that they were a small check. But the non lawyer didn’t know this was a key piece of information it should’ve fed to the AI. It’s the same thing with software engineering or mathematics. Software or solutions to complex mathematical problems are not derived autonomously with a single prompt. The professionals guide the execution through repeated prompting and evaluation of the outputs.
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It's not, it's a terrible way, and no one should lose their job prospects because of the score they got on pangram. Is the thing you are worried about is that some lost soul would tell Claude "write me a very good job talk paper"? And you think that a person like that could pass a job talk?
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AI can be used to generate ideas, do research, write, edit writing, critique ideas, etc. There is no consensus on which of these uses is fine, but I'm yet to hear an account of why using AI to copy-edit a fully written article is some form of terrible misconduct. Pangram doesn't distinguish between these uses. It gives the committee a score. Then, in a smoke filled room (well, we aren't allowed to smoke anymore, so maybe a zyn full room), a committee decides that Jane is not worthy of a job, because Pangram told them to ignore her. But why? It's one thing if Jane had Claude generate her entire paper from scratch; it's quite another if she needed some copy editing help to fix run-on sentences or whatever. It is in this sense that Pangram produces false positives -- failure to distinguish between AI to generate the paper from whole cloth or fixing typos and stylistic issues. It also produces false negatives, because I might as well have Claude generate a whole paper, and then simply rewrite it in worse prose, just to pass Pangram. I feel like law profs would be naturally more attuned to the problem of employers that use algorithms to screen employees. Esp algos that have disparate impact (are we allowed to say that?) on non native speakers & 1st gen lawyers. But we are the employers here so maybe we think different rules should apply? I'm putting aside my own view: that it's quite negligent not to use the best tools for the job, and our job is to produce quality scholarship. It is not to prove our mettle or refine our own faculties. But we can put that aside, because Pangram shouldn't be used even if you take a different view of the purpose of scholarship. /rant
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Interesting @derektmuller post on law faculty using AI detection in hiring, article reviews, and tenure & promotion. Thanks for taking this on, Derek. I urge law faculty to be very skeptical about the Pangram estimates of AI-generated text, especially numbers like "28% AI drafted." Pangram asserts a very low false positive rate in its evaluations, such that only 1 in 10,000 times is text labeled as AI when it was not AI-generated. But read the fine print. My understanding is that this is based on testing with pre-ChatGPT (2022) text. See: pangram.com/blog/all-about-f… Post 2022, text is cross-contaminated: a lot of text in the world is a mix of human- and AI-generated text. There is also data drift, as human writing styles mimic AI generated text and copy-editing. See: washingtonpost.com/opinions/… In other words, large-scale testing of the accuracy of Pangram on 2026 documents would almost certainly reveal a much higher false positive rate. I'm not aware of such testing. And there has not been independent third-party testing to support Pangram's numbers. I mention Pangram both because Derek mentions Pangram and Pangram asserts that it is the most accurate of the AI-detection tools. There are many AI-detection tools that perform worse, creating even more risks of false positives and false negatives. Pangram asserts a false negative rate of about 1 in 300, again, when testing on pre-ChatGPT (2022) documents. See: pangram.com/blog/pangram-4-t…. It is obviously better to err on the side of a false negative, but we don't know how the errors are distributed across different groups. For example, there is a body of literature finding that AI detectors are biased against non-native English writers. See: hai.stanford.edu/news/ai-det… Also consider that there are many "humanizer" tools available to avoid detection of AI-generated text. Someone can use AI prolifically and use a "humanizer" to greatly decrease the probability that their use of AI will be detected. Sophisticated AI users can likely avoid detection. Also, consider the ways in which a person uses AI. Say that Researcher A leverages AI extensively for brainstorming, research, outlining, and generating drafts, and then rewrites the text in their own words. Researcher B manually does brainstorming, research, outlining, and drafting and only at the end of the process uses AI to help improve clarity and conciseness. Researcher A's use of AI is highly unlikely to be detected. Researcher B's use of AI to polish text is far more likely to result in text that is labeled as at least partially AI-generated. Which use of AI is more objectionable to the anti-AI crowd? Law faculty and law schools should not be making high-impact hiring, publication, and tenure & promotion decisions based on AI-detection scores. There is insufficient evidence of the validity and reliability of AI-detection in this context, and there is evidence that AI detectors are biased. Based on the evidence, we should be very concerned about the fairness of using AI-detection for student and scholarly writing. In my opinion, we should not discourage the use of AI by scholars in any event. Used responsibly, AI can facilitate much more rigorous research and raise the bar for the expected quality of scholarship. There seems to be a concern that scholars are entering a prompt into a system, generating a law review article, and submitting it for publication. While AI systems have improved greatly, in most cases (nearly all?) a one-shot article will be weak upon close inspection. Used responsibly, AI tools can augment the brainstorming, research, outlining, drafting, and editing processes, with the human in the loop playing a very important role. I don't see the role of the human in the loop changing anytime soon, including because we will soon begin to recognize that some scholarship is within the capability of AI tools and we won't value it as much. We will value scholarship that is the product of an AI baseline plus what a human contributes to the process. What counts as scholarship will change. What scholars do in a world with AI--just like what lawyers, doctors, software developers, and other knowledge professionals do--is evolving, rapidly. Whatever you think of AI use in scholarship, the use of AI detectors for high-impact decisions regarding hiring, article selection, and tenure & promotion without stronger evidence of their validity and reliability in this context is highly problematic. The risks of using AI-detection tools outweigh the benefits, and--as discussed in the WaPo article above--the risks of errors will increase with the passage of time as AI- and human-generated texts converge.
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“We find that on medium-length, well-defined accounting tasks, frontier AI models are now faster and more accurate than junior accountants, even the best one in our study.” Eighteen months ago they scored well below human accountants Good discussion here: mercor.com/blog/human-baseli…
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Replying to @ProfRobAnderson
Not all copy-paste is the same. It could be one prompt to creation. It could be many hours of manual creation with AI tightening prose. It could be many varieties in between. Used well, AI allows doing more and producing better output—which often leads to more work, not less. We shouldn’t treat all varieties the same. But it’s hard to tell the difference. Therefore, all that should matter is that it’s good work and the author can explain and defend it.
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Wow.
Clio has acquired Learned Hand. AI is changing what’s possible across the legal system. Now, we’re bringing that ambition to the courts. A new era for court technology starts today. bit.ly/4hVPTKE
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Daniel W. Linna Jr. retweeted
Law schools are teaching what AI can. Here's a framework for the "Flipped JD" - you'd get lectured by adaptive tech at home and spend classroom time getting X-examined. Written by the founder of a company replacing first-year tasks.
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Replying to @jadler1969
The academy is not paying nearly enough attention to this. We need to soberly evaluate what value we can continue to add.
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Daniel W. Linna Jr. retweeted
it’s a shame to see someone like @NateSilver538 does not understand a basic, fundamental technical distinction. (@tristanharris and Kevin Roose missed it the other day, too.) pure LLMs were (very roughly and certainly not exactly) like stochastic parrots. harnesses, tools, code interpreters heralded the spread of neurosymbolic AI. the new systems are hybrids; they work differently. the somewhat weak metaphor is much weaker with them. but the fact that they are less like stochastic parrots doesn’t mean the original systems weren’t, nor that pure scaling worked. it means that neurosymbolic AI was an important next step. this still doesn’t mean we have AGI; most of the progress works best in verifiable domains; truly reliable general intelligence has certainly not yet arrived. (my 2020 article Next Decade in AI foresaw all of this, and what’s still missing, including world models, which i called cognitive models there.)
OK then give Astra or Fable a 10,000-line program, ask it to debug it, ask it to understand what's going on, ask it to make revisions. It's certainly not perfect. I'm bullish on human expertise fwiw. But it sure as hell is way more than a "stochastic parrot."
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Replying to @itaisher
Great point. Although a lot of the current discourse gets the technical details wrong. But I agree, many of these questions require multidisciplinary expertise, which hasn’t yet fully developed—it has barely begun.
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