Liabilities and Remedies for AI: Charting New Territory
Our latest episode from the Presidential Task Force on Artificial Intelligence and Digital Technologies surveys an emerging landscape of legislation around AI liabilities and remedies. David Lisson (Davis Polk), Clint Morrison (Patterson Belknap), Shayne O'Reilly (Meta), Matt Bacal (Davis Polk), and Rama Elluru ( Special Competitive Studies Project) unpack regulations from state, federal and international bodies covering topics such as disclosure and transparency, kids' safety, deep fakes, non-consensual intimate imagery, and intellectual property. They also touch upon the significant penalties under the EU AI Act and the broader themes emerging from these legislative efforts, emphasizing the balance between innovation and regulation.
If you’re interested in learning more about how artificial intelligence will affect the legal world, check out the City Bar’s Artificial Intelligence Institute, available on-demand. Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events.
01:20 Federal AI Laws and Regulations
03:06 Pending AI Bills in the U.S.
14:35 State-Level AI Legislation
32:21 International AI Regulations: The EU AI Act
41:06 Closing Thoughts and Future Outlook
45:15 Outro and Additional Resources
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46:11
Pakistan’s 26th Constitutional Amendment and Political Influence on Pakistan’s Judiciary
Salahuddin Ahmed, a constitutional lawyer and expert from Pakistan, visited the City Bar Middle East and North African Affairs Committee to discuss the 26th Amendment to the Constitution of Pakistan and its impact on the independence of the Supreme Court and the Rule of Law.
For a brief background on how the 26th Amendment attempts to subjugate the judiciary to the present regime in Pakistan, read the statement of the International Commission of Jurists.
https://www.icj.org/pakistan-26th-constitutional-amendment-is-a-blow-to-the-independence-of-the-judiciary/
At least two Senators said in television interviews that they were compelled to vote for the Amendment after being kidnapped and having their family members kidnapped. The inducements and coercion adopted during the process were widely reported in Pakistani media and even raised in Parliament. For example, see:
https://www.nation.com.pk/18-Oct-2024/senators-seek-end-to-coercion-to-get-vote-on-judicial-reforms
The preliminary problem with this legal challenge will be - who hears this petition? Will it be the Supreme Court as it existed prior to the Amendment or can it now only be the Constitutional Bench of the Supreme Court specially selected for this purpose by the post-Amendment Judicial Commission (which, post-Amendment, has a majority of political appointees and a minority of judges)?
The subsequent challenge is whether courts should ever be involved in determining the validity of constitutional amendments (even if clearly aimed at undermining democracy or the rule of law) or whether it must always be left to the political process? In the past, the judiciary in Pakistan, India and Bangladesh have declared they have the power to strike down constitutional amendments if Parliament attempts to subvert the democratic essence of the Constitution by eliminating fundamental rights or the independence of judiciary.
If you enjoyed this podcast, watch Hon. Athar Minallah, Justice of the Supreme Court of Pakistan, address the City Bar alongside City Bar President Muhammad U. Faridi, Kabir Hashmi of Patterson Belknap Webb & Tyler LLP, and special guest Hon. Rowan Wilson, Chief Judge of the State of New York. Justice Minallah spoke about the role of the judiciary in ensuring accountability and promotion of the rule of law, and the dangers of judicial overreach and activism. Video of the event is available here: https://www.nycbar.org/videos/the-independence-of-the-judiciary-and-rule-of-law-in-pakistan/?back=1&ref=media
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50:04
Economic and Environmental Impacts of State and City Funded Remediation Programs on Environmental Justice Communities in NYC
The City Bar's Environmental Law Committee hosted a discussion on NYSDEC's Brownfield Cleanup Program (BCP) and New York City's Voluntary Cleanup Program (VCP) which encourage private-sector cleanups of contaminated sites and promotes the redevelopment of the sites through economic incentives. We discussed the potential impact these programs may have on environmental justice communities in New York City and also look at various case studies across New York City and their differing perspectives on the topic.
Moderator:
Heather Leibowitz, Senior Attorney, NYSDEC Region 2
Speakers:
George Duke, Vice President, NYC Brownfields Partnership
Rebecca Bratspies, Professor of Environmental and Public International Law, CUNY School of Law; Director of the Center of Urban Environmental Reform, CUNY
Melissa Checker, Professor of Urban Studies, Queens College; Professor of Earth and Environmental Sciences, CUNY Graduate Center
Barry Hersh, Professor, NYPU SPS Schack Institute of Real Estate
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1:12:14
Should Lawyers and Judges Be Required to Disclose Their Use of AI?
To many of us, the answer seems obvious as the AI wave continues to crest. The City Bar Presidential Task Force on Artificial Intelligence and Digital Technologies hosts Hon. Xavier Rodriguez, U.S. District Judge for the Western District of Texas, and Maura Grossman, a lawyer and scholar specializing in technology assisted review, to join Task Force member David Zaslowsky in giving that question a closer look.
With lawyers filing in court, perhaps we're leaping to conclusions that don't match our experience. After all, lawyers once worried that tech like email would be the end of confidentiality. Then again, when it comes to judges, the risks may be just as high as we think. Research and fact-finding may be one thing, but what about when a judge asks an AI tool to render a legal decision?
 Judge Rodriguez and Professor Grossman consider many cases and court rules from the past year as we pull apart the surprising nuances of the question: should lawyers and judges be required to disclose their use of AI?
If you’re interested in learning more about how artificial intelligence will affect the legal world, check out the City Bar’s Artificial Intelligence Institute, available on-demand (https://services.nycbar.org/EventDetail?EventKey=OND061024). Visit nycbar.org/events to find all of the most up-to-date information about our upcoming programs and events. 
04:06 The Infamous Mata vs. Avianca Case
04:47 Debating AI Disclosure Requirements
06:12 Challenges with Broad AI Regulations
09:13 Judicial Reactions to AI in Legal Practice
11:12 Proposed AI Certification in the Fifth Circuit
19:10 Legislative Overreach in AI Regulation
26:00 Judges Using AI: Ethical and Practical Considerations
34:05 AI in Judicial Decision-Making: Disclosure Dilemma
34:22 A Personal Experience with AI Dispute Resolution
35:52 The Role of AI in Low-Value Claims
36:49 Psychological Anchoring and AI in Courts
37:41 Judicial Canons and AI Usage
39:06 Global Examples of AI in Judicial Decisions
40:17 The Debate on AI's Role in Legal Interpretation
44:40 Judge Newsom's AI Journey
48:56 Concerns and Considerations with AI in Courts
57:30 Encouraging AI Experimentation in the Judiciary
59:40 Conclusion and Future Discussions
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1:01:04
The Legacy of the Handschu Consent Decree: NYPD Investigations of Political Activity
Muhammad Faridi, City Bar President, interviews Jethro Eisenstein, a key figure in the creation of the NYC’s Handschu Committee in response to NYPD "Red Squad" activities in the 1970s and 80s. Jethro shares the history of the Handschu litigation, a landmark case initiated in 1971 that imposed significant oversight on the NYPD’s investigation of political groups. Jethro recounts the origins of the case, the challenges that the Committee has faced through the years, and the evolution of legal oversight mechanisms over decades, including a post-9/11 revival. He reflects on his career and the impact of the Handschu guidelines on civil rights and police accountability.
01:37 Meet Jethro Eisenstein: A Legal Luminary
02:25 The Handschu Litigation: Origins and Impact
02:50 Jethro's Journey to Law and Early Career
08:14 The Red Squad and Political Surveillance
09:56 The Panther 21 Trial and Its Aftermath
12:29 Drafting the Handschu Complaint
25:57 Litigation Challenges and Class Action Certification
29:03 Settlement and the Handschu Authority
40:50 Post-9/11 Changes and Legal Battles
47:12 Revelations and the Role of the Civilian
53:20 Jethro's Legacy and Final Thoughts