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22 Stan. Tech. L. Rev. 242 (2019)
Developing Artificially Intelligent Justice

handle is hein.journals/stantlr22 and id is 243 raw text is: Developing Artificially Intelligent Justice Richard M. Re & Alicia Solow-Niederman* 22 STAN. TECH. L. REV. 242 (2019) ABSTRACT Artificial intelligence, orAI, promises to assist, modify, and replace human decision-making, including in court. AI already supports many aspects of how judges decide cases, and the prospect of robot judges suddenly seems plausible-even imminent. This Article argues that AI adjudication will profoundly affect the adjudicatory values held by legal actors as well as the public at large. The impact is likely to be greatest in areas, including criminal justice and appellate decision-making, where equitable justice, or discretionary moral judgment, is frequently considered paramount. By offering efficiency and at least an appearance of impartiality, AI adjudication will both foster and benefit from a turn toward codified justice, an adjudicatory paradigm thatfavors standardization above discretion. Further, AI adjudication will generate a range of concerns relating to its tendency to make the legal system more incomprehensible, data-based, alienating, and disillusioning. And potential responses, such as crafting a division of labor between human and AI adjudicators, each pose their own challenges. The single most promising response is for the government to play a greater role in structuring the emerging market for AI justice, but auspicious reform * Professor of Law, UCLA School of Law; 2017-2019 PULSE Fellow, UCLA School of Law and 2019-2020 Law Clerk, U.S. District Court for the District of Columbia. Alicia Solow-Niederman completed this work during her tenure as a PULSE Fellow, and the arguments advanced here are made in her personal capacity. The authors, whose names are listed alphabetically, are grateful to participants at the Yale Law School Information Society Project's (Im)perfect Enforcement Conference, the UCLA School of Law AI in Strategic Context Conference, and the UCLA Department of Political Science Media Immersion and Forms of Life Workshop. Thanks also to Dan Bussel, Kiel Brennan- Marquez, Margot Kaminski, Karen Levy, Martha Minow, Ted Parson, Joanna Schwartz, John Tasioulas, and Eugene Volokh for thoughtful comments and helpful conversations, as well as to Cooper Mayne for excellent research assistance. This research was partly funded by a gift from the Open Philanthropy Project to the UCLA School of Law. Finally, many thanks to the editors of the Stanford Technology Law Review.

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