Commons and Growth: The Essential Role of Open Commons in Market Economies

This paper examines the distinct features of artificial intelligence (AI) and reaches a broader conclusion as to the availability and applicability of first-order tort rules. It evaluates the accuracy of the argument that AI is similar in essence to other emerging technologies that have entered our lives since the First Industrial Revolution and, therefore, does not require special legal treatment. The paper will explore whether our current tort doctrines can serve us well even when addressing AI liability.

Changing technologies render tax law’s intricacy legible in new ways. Advances in large language models, natural language processing, and programming languages designed for the domain of tax law make formalizations, or “representation[s] of [ ] legislation in symbols[ ] using logical connectives,” of tax law that capture much of its substance and structure both possible and realistic. These new formalizations can be used for many different purposes—what one might call flexible formalizations. Flexible formalizations will make law subject to computational analysis, including creating automated explanations of the analysis and testing statutes for consistency and unintended outcomes. This Essay builds upon existing work in computational law and digitalizing legislation.

Title VII’s anti-retaliation provision is clear: if an employee complains about employment discrimination, it is illegal for an employer to retaliate against them.