Amicus Spring 2019

Investing in Our Future: Announcing the Getches-Wilkinson Center Fellows Program

Anonymous — Fri, 10 May 2019 20:45:40 +0000

Investing in Our Future: Announcing the Getches-Wilkinson Center Fellows Program Anonymous (not verified) Fri, 05/10/2019 - 14:45

Alice Madden (’89)

Residents of the West, the nation, and the world live in challenging times in terms of protecting our natural resources. Rivers, airsheds, old-growth forests, red-rock landscapes, and wild lands face new and daunting risks. Fires, glacier loss, drought, and violent storms serve as calls to action to ensure a sustainable, just, and equitable future for all. In Colorado and beyond, there is a rising demand for thoughtful policy initiatives at all levels of government. At the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (GWC), we see an opportunity to help address this unmet need while training the next generation of outstanding leaders in natural resources, energy, and water law.

After examining how we could best leverage the strengths of the GWC to meet this urgent demand, we are launching the GWC Fellows Program. This unique and multidisciplinary training program will be open to recent law graduates, former judicial clerks, and lawyers early in their careers. Four fellows chosen through a national competitive search will conduct reform-oriented research on the most pressing issues in their fields and interact with public- and private-sector leaders to inform policymaking. Each fellow will serve a two-year commitment and specialize in a certain area (e.g., water, energy, or natural resources). Fellows will be mentored by a faculty member who will oversee their substantive work. Further, they will receive formal training in leadership and communication skills. Colorado Law and the GWC are uniquely situated to recruit excellent and diverse candidates, assist them in producing impactful work, and accelerate their careers upon completion.

The GWC is pleased to announce it has received a pivotal matching grant of $420,000 through the generosity of David Bonderman, a lawyer, businessman, and significant supporter of conservation initiatives. We are actively seeking to match this gift, which will allow us to initiate the program for four years. Our ultimate goal is to obtain, over time, sufficient funding to endow a permanent program of four fellows serving two-year commitments.

The work

The GWC Fellows Program will provide a matchless educational experience in which fellows will produce innovative work that advocates for the public good in natural resources law. Fellows will engage at every level—federal, state, tribal, county, city, and international. They will operate a "rapid response" team that will quickly address significant breaking events, sharing their findings with the public through a blog and social media. Fellows will produce white papers, often building upon rapid-response subjects. They will also identify administrative and legislative proposals where formal comments would be productive and generate amicus briefs for concerned organizations. Fellows will learn how government agencies, policymakers, related NGOs, and businesses interact—and how to create change.

“This program will launch a new kind of postgraduate fellowship. Over two years, these diverse, superbly qualified fellows will do research, develop deep expertise, and then take it out to federal and state legislatures and agencies to help reform existing law in critical natural resources areas. This combination of scholarship and real-world experience will help build the next generation of environmental stewards and leaders to the great benefit of all communities and the land, water, and air.”
Charles Wilkinson, Distinguished Professor Emeritus

Get involved

There is a compelling need for this fellows program, and to launch it, we need your support. Once operational, we are confident the program will be recognized as worthy of a full endowment, to make this intensive training program permanent. We invite you to become a founding member of the GWC Fellows Program alongside David Bonderman. To learn more, please contact Shaun LaBarre at shaun.labarre@colorado.edu.

This story originally appeared in the spring 2019 issue of Amicus.

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On the Frontlines of Human Rights

Anonymous — Fri, 03 May 2019 21:41:20 +0000

On the Frontlines of Human Rights Anonymous (not verified) Fri, 05/03/2019 - 15:41

Colorado Law alumni at the forefront of human rights work and advocacy reflect on their proudest professional moments.

Janet Drake (’96)
Deputy attorney general of the Criminal Justice Section, Colorado Attorney General’s Office / Denver, Colorado

"I had the opportunity to work on anti-human-trafficking legislation in 2014. The new human-trafficking statutes strengthened Colorado’s criminal laws and created a statewide Human Trafficking Council, which I chaired for two years. Those developments have substantially helped prosecutors hold human traffickers accountable and empower survivors."

Velveta Golightly-Howell (’81)
Attorney / Broomfield, Colorado

"Colorado was one of several states selected to participate in the Robert Wood Johnson Foundation-funded Turning Point Initiative, which required grantees to assess and enhance their health care infrastructure. I was appointed to the executive steering committee established by the Colorado Department of Health Care Policy and Financing (CDHPF) to meet this mandate. At our first meeting, I noted the access and quality-of-care challenges Coloradans face with racial, ethnic, and geographic health disparities. Subsequently, CDHPF’s executive director and my colleagues, representing the state’s health care community, accepted my recommendation to focus on this critical issue. Our executive steering committee’s efforts resulted in creation of the Colorado Office of Health Disparities (COHD). Colorado made history when it became only the second state to have such an entity. Approximately two years after COHD’s establishment, the Colorado legislature passed legislation that then-Gov. Bill Ritter (’81) signed, under which COHD became a statutory entity."

Harry Budisidharta ('07)
Executive director, Asian Pacific Development Center (APDC) / Denver, Colorado

"Creating a diverse and inclusive environment at APDC. Our staff speaks over 20 different languages, and the majority of our board members are immigrants and refugees. We also serve immigrants and refugees from all over the world, regardless of their ethnicity, race, religion, sexual orientation, or immigration status. In 2016, we partnered with the Colorado Center on Law and Policy to convince the Colorado Department of Health Care Policy and Financing to change its Medicaid eligibility rule so that refugees, asylees, and other protected-status immigrants could maintain their Medicaid eligibility even after they had been in protected status for seven years. This policy change had substantial positive impacts on the communities we serve and allowed them to maintain access to much-needed medical services."

Adam * (’11)
Rescue manager and legal liaison / Phnom Penh, Cambodia
(*Full name and photo have been omitted for confidentiality)

"Signing our MOU with the anti-trafficking police so that we officially had the legal authority to work on investigations and raids together. Prior to my arrival in Cambodia, my NGO had only done ‘soft rescues’ (building relationships with victims in order to covertly and voluntarily remove the victim from the establishment) because it is extremely difficult to obtain an MOU with the police, and, despite numerous attempts, none of my superiors or predecessors ever came close to making it happen. Fortunately, through judicious use of my legal skills and a tremendous amount of patience (the MOU process took nearly three years from start to finish, if you include the time it took me to find the right government official to get a foot in the door), I was able to obtain the investigations MOU and usher in a new era for our rescue program."

Stanley Pollack ('78)
Assistant attorney general, Water Rights Unit, Navajo Nation Department of Justice (retired) / Window Rock, Arizona

"Securing the Navajo Nation San Juan River in New Mexico Water Rights Settlement, ratified by Congress in Public Law 111-11, which authorized the construction of the Navajo-Gallup Water Supply Project. When completed, this project will have the capacity to provide water to a quarter of a million, mostly Navajo, residents in northwestern New Mexico and northeastern Arizona. Almost 40 percent of the Navajo people lack indoor plumbing with running water and live in severe poverty. The development of potable water infrastructure will have significant public health benefits and is an important step toward the economic development of these impoverished communities."

Aaron Hall (’08)
Partner, Joseph Law Firm, P.C / Aurora, Colorado

"Any time we are able to keep a family together, help a client become a citizen of the U.S., or get a client immigration status is a proud moment. One of my favorite cases was where the government had charged that our client was ineligible for a green card due to an allegation of a decades-old deportation order. Due to that supposed order, our client, his wife, and two children were all ordered to be deported again. We were able to challenge the existence of the alleged decades-old deportation order in federal district court and eventually convince an immigration judge to approve every member of the family for green cards. Being part of a case where we take a family from the brink of a devastating deportation to permanent stability in the United States is extremely gratifying."

Ashley Harrington ('10)
Managing attorney, Children’s Program, Rocky Mountain Immigrant Advocacy Network (RMIAN) / Denver, Colorado

"Unlike in the criminal law system, there is no government-appointed counsel in immigration proceedings, even for children. This means that each day, individuals, including children, are forced to defend themselves against deportation without an attorney. Throughout law school it was my dream to work at RMIAN, where we provide legal information and representation to vulnerable immigrants who are unable to afford private counsel to ensure they have access to justice and protection under our laws. What I am most proud of in my professional career is now having the opportunity to lead a team of dedicated attorneys and staff at RMIAN who work tirelessly to help immigrant children and families each and every day."

Adam Severson (’11)
Robert. J. Golten Fellow of International Human Rights, University of Wyoming College of Law / Laramie, Wyoming

“In Egypt and Thailand, I helped secure refugee status for more than 100 political dissidents, land and labor rights activists, survivors of gender-based violence and torture, and religious and ethnic minorities. I also successfully defended asylum seekers and refugees accused of war crimes and serious nonpolitical crimes.

In 2015, I worked with Cairo’s St. Andrews Refugee Services to establish a legal services program to assist asylum seekers within the Office of the United Nations High Commissioner for Refugees refugee screening process in Egypt.

At the University of Wyoming College of Law, I have supported ongoing litigation in Uganda's Constitutional Court over access to basic maternal health care. An estimated 17 Ugandan women per day die in childbirth because they cannot access lifesaving medicines, adequately skilled health workers, or emergency obstetric care. Talented lawyers and health experts in Uganda and the U.S. have contributed to the litigation, which I am optimistic will ultimately lead to better health care for expectant mothers.”

Jean Pfleiderer (‘81)
Advisor, Human Rights Office, Queen’s University / Kingston, Ontario, Canada

"It has been my privilege to facilitate for the last decade the Queen’s Positive Space program, celebrating sexual and gender diversity at Queen’s. Program participants have contributed to the removal of many barriers to full participation at Queen’s for those identifying in the queer community, and have helped to improve resources, particularly for those who are trans-identified, both at Queen’s and in Kingston, and I am very happy to be a part of this work."

Ryan Haygood (’01)
President and CEO, New Jersey Institute for Social Justice / Newark, New Jersey

"Joining President Obama and civil rights legends in the 50th anniversary reenactment of the iconic Bloody Sunday march over the Edmund Pettus Bridge in Selma, Alabama. After reaching the top of the bridge, Congressman John Lewis led us in a moment of reflection and prayer. I reflected on the way in which the march over this bridge, named after a grand wizard of the Alabama KKK, gave birth to the Voting Rights Act of 1965 (VRA), which is widely recognized as the crowning achievement of the civil rights movement. I twice defended the VRA in the U.S. Supreme Court with a team of NAACP Legal Defense and Educational Fund (LDF) lawyers. I represented black voters in one of those cases, Shelby County, Alabama v. Holder, in which the Supreme Court struck down the VRA’s coverage provision as unconstitutional, leaving millions of voters of color vulnerable to voter discrimination. Within days of the decision, Texas implemented the strictest photo ID law in the nation. I led LDF’s successful legal challenge to the photo ID law, arguing during a two-week federal trial that the law was racially discriminatory and imposed substantial and unjustified burdens on voters of color in Texas. In the first ruling of its kind, the district court found that Texas’ photo ID law, which prevented more than 600,000 mostly black and Latino registered voters from voting, was intentionally racially discriminatory, violated the VRA, and was an unconstitutional poll tax."

This story originally appeared in the spring 2019 issue of Amicus.

Colorado Law alumni at the forefront of human rights work and advocacy reflect on their proudest professional moments.

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Guardians of the Land

Anonymous — Fri, 03 May 2019 21:36:20 +0000

Guardians of the Land Anonymous (not verified) Fri, 05/03/2019 - 15:36

Colorado Law’s Maya Land Rights and Development Project works with Belizean indigenous organizations to secure Maya customary land tenure and promote sustainable economic development opportunities for Maya communities.

To understand the relationship between indigenous peoples and their traditional lands, one need not look further than the indigenous Q'eqchi' and Mopan Maya communities in the Toledo District in southernmost Belize. The Maya, who make up more than half of the district’s population, collectively care for the land they have inhabited for generations by keeping their watersheds pristine and their rainforests lush and selectively harvested.

Environmental stewardship is as much a part of the Maya’s customary rules and values as is caring for one’s family.

As Cristina Coc, indigenous Q'eqchi' Mayan land rights activist and co-spokesperson of Maya Leaders Alliance, puts it: "The values [of environmental stewardship] are embedded in the way we define our existence."

Developers and corporations have long coveted this vast, largely untouched land, even drilling for oil and harvesting rainforests without the consent of the Maya people. The Maya have responded in turn, fighting these unwelcome encroachments onto their lands in both domestic and international human rights arenas. Finally, in 2015, the Maya were dealt a break. The Caribbean Court of Justice, the highest appellate court for Belize, handed down a landmark decision affirming that Maya communities in the Toledo region hold customary title to the lands they collectively use and occupy. The implication was historic: Belizean law recognized Maya property rights as equal in legitimacy to Western forms of property rights.

Since this legal victory—litigated by an international legal team that included Colorado Law's Dean S. James Anaya—the Maya people have been asked to answer a complex question: How do they thrive off their traditional lands and make their communities more economically resilient while also caring for the environment, individuals, and their collective well-being?

The Maya Land Rights and Development Project at Colorado Law, established in 2018 by the student-led Doman Society of International Law, seeks to help answer that question. The project works in partnership with the Maya Leaders Alliance (MLA), a nonprofit organization that represents the Q'eqchi' and Mopan Maya people, and the Toledo Alcaldes Association (TAA) to help Maya leadership strengthen local governance and build economic resilience in Maya communities.

"Maya land rights have been affirmed in the highest appellate court of Belize since 2015, yet implementation of the court order is slow and violations continue to occur, leading to ongoing litigation to defend and protect Maya land rights," observed Ashleigh Sawa (’19), student leader for the program. "Protection of land rights also means protection of Maya culture, custom, and livelihood; this is the aspect of the project that is the most important to me."

Sawa became involved with these efforts in August 2017 as a student in the American Indian Law Clinic, where she and Daimeon Shanks (’19) worked with the Maya Land Rights legal team on litigation strategy and preparation, international legal research, and reporting to international bodies such as the Inter-American Commission on Human Rights and the Universal Periodic Review. In February 2018, Sawa was able to travel to Belize to attend a hearing before the Caribbean Court of Justice, held in the courtroom of the Supreme Court of Belize—an invaluable experience that allowed her to meet members of the Maya community and see up close the land being impacted.

The creation of the Maya Land Rights and Development Project will allow more students to become involved in this important work, Sawa said. It has already attracted the interest of both JD and LLM students as well as pro bono attorneys based in the U.S., Canada, and Belize.

Volunteers are involved in a variety of projects ranging from international advocacy and economic development work to helping implement the 2015 court order that recognized communal land rights for indigenous Maya communities. Examples of projects include:

Developing legislation and regulations to provide protection for Maya communal lands, and mapping the boundaries of those lands
Working with Maya leadership to develop and implement the Creating Maya Economies Initiative, whose goal is to strengthen local governance and find creative ways to develop local economies to meet standards of stewardship of land and sustainable development
Partnering with the United Nations’ REDD+ program Deforestation Monitoring Body, which works to reduce emissions from deforestation and forest degradation
Reporting to human rights monitoring bodies, including the Inter-American Commission on Human Rights and the U.N. Human Rights Committee, on the status of Belize’s compliance with the country’s human rights obligations
Establishing mechanisms and governance frameworks for the extraction of forest products
Recommending policy and legislation reform for reducing forest loss

To learn more about the project, contact Patrick Lee (’18), Dean’s Fellow, at G.Patrick.Lee@colorado.edu.

Pictured: G. Patrick Lee ('18) and Ashleigh Sawa ('19) with leadership from the Jalacte village in Belize and members of the village’s legal team. Colorado Law students are helping to advocate for members of the village in a land rights case.

This story originally appeared in the spring 2019 issue of Amicus.

Colorado Law’s Maya Land Rights and Development Project works with Belizean indigenous organizations to secure Maya customary land tenure and promote sustainable economic development opportunities for Maya communities.

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Six Questions for Megan Ring ('96)

Anonymous — Fri, 03 May 2019 21:26:16 +0000

Six Questions for Megan Ring ('96) Anonymous (not verified) Fri, 05/03/2019 - 15:26

After 22 years in the ��«��Ƶ Public Defender's Office—including the last six as the head of the office—Megan Ring ('96) stepped into the role of Colorado state public defender on Aug. 1, 2018. She is the first woman to hold the position in Colorado.

Ring started working as a public defender in the ��«��Ƶ office in 1996, the same year she graduated law school. She now oversees the entire state's public defender system, including almost 900 public defense employees.

When did you know that you wanted to be a public defender and why?

Steve Jacobson, the former head of the ��«��Ƶ Regional Office, presented in my Criminal Procedure class. After hearing him speak, I applied to intern with the public defender. He portrayed being a Colorado state public defender as a challenging and rewarding career. I started by interning in the Golden office the summer between my 2L and 3L years and continued throughout my 3L year. During my internship, I represented juvenile and misdemeanor clients. Helping my clients who needed advocacy was such fulfilling work. It became clear to me that this was the work I wanted to do with my law degree.

What are the top criminal justice reform issues and policies you hope to address in your role as Colorado state public defender?

Abolishing the death penalty in Colorado is number one. Decriminalizing drug use and drug possession would have such a huge impact on so many people who are addicts or even simply users. Implementing true bond reform so that people are not kept in jail because they are poor. Providing appropriate mental health services for people who suffer from mental illness so that they do not reach and are diverted from the criminal justice system. The list could go on and on, but these are on the top of my list.

What does it mean to you to be the first woman to hold this position?

I am proud that my agency knew it was time for a woman to lead us. All seven applicants for the position were women.

What do you consider your biggest success(es) as ��«��Ƶ public defender, and how will you apply those successes at the state level?

My biggest successes have always been about my clients. Any time I was able to get a client out of jail to save their job, or get them a misdemeanor instead of a felony, or a probation sentence instead of a prison sentence. Helping clients is what being a public defender is all about.The ��«��Ƶ Criminal Justice System has done some effective collaborating and implemented some positive changes, especially through IMPACT* in juvenile justice. The skills I developed there will translate well in my new position.

*��«��Ƶ County's IMPACT, or Integrated Managed Partnership for Adolescent and Child Community Treatment, is a partnership of 11 nonprofit and government agencies serving the needs of youth and families who are involved with juvenile justice, child welfare, or mental health agencies. Since its inception in 1997, the partnership has seen an increase in the number of children and youth who have remained safely in their homes, and a steady decline in the number of juvenile criminal filings in ��«��Ƶ County.

What skills did you learn at Colorado Law that you still use to this day?

Understandably, since I ended up being a trial lawyer until my recent appointment as the state public defender, trial advocacy and legal aid were the most helpful in preparing me to be a trial lawyer. I feel very fortunate that I ended up at Colorado Law; being able to hike and get into the mountains so easily helps you deal with all of the stress that law school brings.

What advice would you give to Colorado Law students or recent graduates interested in careers in public service?

Being a public defender has been an extremely rewarding career. It has kept me energized and passionate for over 22 years. Those big salaries can be enticing coming out of law school, but doing something you love will keep you engaged for years to come.

This story originally appeared in the spring 2019 issue of Amicus.

After 22 years in the ��«��Ƶ Public Defender's Office—including the last six as the head of the office—Megan Ring stepped into the role of Colorado state public defender on Aug. 1, 2018. She is the first woman to hold the position in Colorado.

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Artificial Intelligence and Law

Anonymous — Fri, 03 May 2019 21:06:23 +0000

Artificial Intelligence and Law Anonymous (not verified) Fri, 05/03/2019 - 15:06

Susan Miller ('19)

What impact will the technology that enables self-driving cars, robots, and drones have on the legal profession?

From films to news headlines, artificial intelligence, or AI, is often portrayed as a threat to many modern professions. It's only logical, then, for lawyers to wonder: Should they be worried or enthusiastic? Will AI take over the legal profession as we know it—or will it bring more access to legal services and enable improved lawyering?

Associate Professor Harry Surden, a distinguished scholar in the areas of AI and law, regulation of autonomous vehicles, and legal automation, suggests most legal careers will remain safe. Rather than replacing lawyers, he says, AI can actually enhance legal work by streamlining mechanical tasks, thus providing attorneys with more time to spend on abstract reasoning and problem-solving.

From software engineer to law professor

Surden’s background is somewhat unconventional for a law professor. As an undergraduate student, he simultaneously pursued courses in computer science and political science, wondering to what extent computer science might apply to law and policy. After working as a professional software engineer for several years, he decided to explore this cross-disciplinary approach further in law school. He earned his JD from Stanford before clerking for a federal judge in San Francisco. From there, he returned to his alma mater as a researcher, where he further pursued this idea of computer science applied to law—sometimes called "legal informatics." In 2006, he helped co-found the Stanford Center for Legal Informatics (CodeX) and served as its first research fellow. In that role, Surden helped develop a proof-of-concept research project that allowed architects to automatically determine when their electronic building designs were in compliance with local building code laws.

"Professor Surden has always dedicated his research in AI and law to questions of immediate relevance to the field,” said Roland Vogl, a professor of law at Stanford and executive director of CodeX. “He has an incredible ability to explore the topics of his research thoroughly, while still presenting very complex issues in a way that makes them accessible to lawyers and computer scientists alike.”

Surden joined the faculty of Colorado Law in 2008, where his scholarship has included such articles as "Machine Learning and Law" (Washington Law Review), "Technological Opacity, Predictability, and Self-Driving Cars" (Cardozo Law Review), and "Computable Contracts" (UC Davis Law Review). He teaches technology- and law-related courses such as Patent Law and Computers and the Law.

Over the years, Surden’s academic research interest began to crystalize on a particular aspect of computer science and law: artificial intelligence. He was drawn to AI in the early 2000s as he observed AI techniques moving out of university laboratories and becoming widely integrated throughout society. At that time, AI was comparatively understudied as a topic within law. While researchers today are more attuned to AI, Surden remains part of a relatively small group of law professors who are not only studying the impact of AI on law and policy, but who are also building software applications that use AI on legal topics. Surden’s research has focused on applying intelligence techniques to various problems in patent and contract law, and, in 2018, he was awarded the University of Colorado’s Provost Award for his research on legal informatics.

How the legal profession can use machine learning

E-discovery document review: AI can improve organization and reduce the amount of discovery clutter by sorting through millions of e-discovery documents and filtering out pages that are irrelevant to a case.

Litigation predictive analysis: By leveraging data from past client scenarios and other relevant public and private data, AI can predict future likely outcomes on particular legal issues that could complement legal counseling.

Legal research: AI can improve organization by grouping documents together based on nonobvious shared qualities, thereby simplifying the research process and saving attorneys time

"Professor Surden's work on autonomous vehicles is important for both consumer protection and the policy of technological design," said Colorado Law Associate Professor Margot Kaminski, whose own research on the law of information governance, privacy, and freedom of expression overlaps with Surden’s as it relates to autonomous systems such as AI, robots, and drones. The pair organized a May conference in partnership with the law school’s Silicon Flatirons Center for Law, Technology, and Entrepreneurship titled “Explainable Artificial Intelligence: Can We Hold Machines Accountable?” (more information available at siliconflatirons.org).

"[Surden’s work] shifts the conversation away from the over-discussed 'trolley problem' (that is, the question of how to decide who gets hit when a car is offered a choice between two people) to the more pressing question of how to design an entire environment of interaction between autonomous cars and human drivers," Kaminski said. "That's where the harder, more practical questions lie. By doing interdisciplinary research—he's one of few law professors to collaborate with a roboticist—Professor Surden is a trailblazer in this field."

The AI of today

The AI depicted in science fiction and the media as intelligent computers capable of discussing deep, abstract, and insightful ideas with humans, or acting at a level that meets or surpasses general human intelligence, is not the AI that we use or have today, nor is there evidence that we are near such "strong" AI, Surden says.

Rather, AI today is best understood as using computers to solve problems and make automated decisions that, when done by humans, are usually thought to require intelligence, Surden says. However, he notes that these automated decisions are typically based not on artificial human-level intelligence, but on algorithms detecting patterns in large amounts of data, and using statistics to make educated approximations—known as machine learning.

The dominant approach to AI today, machine learning techniques are often able to produce useful, accurate outcomes in certain domains such as language translation. But, because they rely on detecting complex patterns in data, Surden explains them as “producing intelligent results without intelligence."

For example, when a machine learning-based computer system produces a translation, it usually does so using statistical associations. However, such a pattern-based machine learning approach—while often producing decent translations—does not actually involve the computer “understanding” what it is translating or what the words mean in the same way a human translator might.

Despite these limitations, machine learning has been instrumental in producing many recent breakthrough technologies. For example, as Surden explains in "Technological Opacity, Predictability, and Self-Driving Cars," algorithms in autonomous vehicles learn to drive themselves by detecting patterns of braking, steering, and acceleration based on data from human drivers. Other popular machine learning applications include an email spam filter that uses algorithms to detect common words or phrases used in spam to filter out emails that may clog inboxes; credit card fraud detection; and automated cancer tumor diagnosis.

Surden presents at BYU Law School about how the values and biases in artificial intelligence impact the justice system. (Matt Imbler/BYU Law)

AI and the law

How does machine learning apply to the field of law? In his widely cited article "Machine Learning and Law," Surden notes that a limited number of legal tasks may benefit from current machine learning approaches. Core tasks still require a great amount of problem-solving and abstract reasoning that pattern recognition or machine learning is unable to replicate. However, a fair number of relatively mechanical tasks within law can benefit from AI, such as e-discovery document review, litigation predictive analysis, and legal research.

E-discovery document review is an example of machine learning starting to make inroads into legal tasks that have traditionally been performed by lawyers. Like email spam filters, AI can detect patterns in documents that can then be used to sort through the millions of e-discovery documents and filter out pages that are likely irrelevant to the case. This in turn leaves far fewer potentially relevant documents for attorneys to analyze.

Additionally, AI can be used for predictive analysis in litigation. Surden explains that while attorneys in the past might have told clients that they had an 80 percent chance of early settlement based on experience and intuition, AI can provide substantive support. By using data based on similar cases, claims, or facts of a scenario, AI can predict potential outcomes or even show trends in a timeline. However, one downfall noted by Surden is the difficulty in predicting outcomes for unique cases with distinct fact patterns.

Finally, other more controversial uses of AI in the law exist, such as the use of AI in criminal sentencing or in providing statistics on the probability of reoffending. The patterns in past data on criminal sentencing may contain biases that a machine cannot detect, and reliance on AI would preserve such biases into the future. Thus, while AI may not be suited to all legal tasks, certain assignments may be done more effectively and efficiently by using AI.

There are many other examples of ways in which AI can be used in law. Surden’s research has focused on so-called "computable contracts": legal contracts in which the content and the meaning of the contractual obligations are represented in a way that can be understood and automatically applied by computers. Surden has convened a working group at Stanford that is focused on moving this process out of the university laboratory and into the world. His other research has focused on ways in which machine learning can lower barriers to access to legal services for low-income communities.

The AI of tomorrow—and beyond

The use of AI in mechanical tasks will likely continue to expand, and Surden suggests that law students position themselves in an area of law that requires abstract reasoning rather than repetitive tasks that will soon become obsolete. However, there are limits to the use of AI in law. For example, AI still requires patterns and rules and is ineffective for unique fact patterns and distinct cases. AI still cannot complete the abstract reasoning that attorneys carry out, and it is unlikely such complex functions will be automated anytime soon. Finally, Surden notes that while speculation on futuristic cognitive AI is tempting, it is better to understand the existing technology and plan accordingly.

Thus, while AI is likely to replace some legal tasks that today involve mechanical repetition or underlying patterns, lawyers do a variety of things such as advising clients, problem-solving, formulating persuasive arguments, and interpersonal activity—that are unlikely to be automated away soon. However, Surden cautions that we shouldn’t focus only on the job-reducing aspects of new technology.

Historically, while new technologies have often reduced certain jobs, they have also created entirely new classes of jobs that were difficult to anticipate. For example, the rise of computing technology eliminated many jobs involving humans who computed mathematical problems for a living, but that same technology gave rise to entirely new classes of jobs, such as data analysts and software engineers, that didn’t exist and that were hard to predict at the time. Surden says there is likely to be a similar path in law.

"Although AI’s entry into law is likely to eliminate or reduce some existing legal tasks, it is also likely to create entirely new categories of legal jobs in the future—perhaps legal data analyst or machine learning legal specialist—that are today hard to imagine," Surden says.

"Like all technological revolutions, the future of law influenced by AI will not necessarily be good or bad overall for the profession. The only thing that we can count on is that it will be different."

This story originally appeared in the spring 2019 issue of Amicus.

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Amicus Spring 2019

Investing in Our Future: Announcing the Getches-Wilkinson Center Fellows Program

Off

On the Frontlines of Human Rights

Colorado Law alumni at the forefront of human rights work and advocacy reflect on their proudest professional moments.

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Guardians of the Land

Colorado Law’s Maya Land Rights and Development Project works with Belizean indigenous organizations to secure Maya customary land tenure and promote sustainable economic development opportunities for Maya communities.

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Six Questions for Megan Ring ('96)

When did you know that you wanted to be a public defender and why?

What are the top criminal justice reform issues and policies you hope to address in your role as Colorado state public defender?

What does it mean to you to be the first woman to hold this position?

What do you consider your biggest success(es) as ��«����Ƶ public defender, and how will you apply those successes at the state level?

What skills did you learn at Colorado Law that you still use to this day?

What advice would you give to Colorado Law students or recent graduates interested in careers in public service?

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Artificial Intelligence and Law

What impact will the technology that enables self-driving cars, robots, and drones have on the legal profession?

From software engineer to law professor

The AI of today

AI and the law

The AI of tomorrow—and beyond

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What do you consider your biggest success(es) as ��«��Ƶ public defender, and how will you apply those successes at the state level?