William A. Schnader Prof. of Law @pennlaw. Teaching writing & tweeting mostly about contracts. Against et al. Pro legal jargon. Neutral on legal process.

Philadelphia, PA
Joined December 2013
If Pangram truly is as perfect as its academic defenders say it is, faculty could go back to offering out-of-class assignments, papers and take-home exams. But would you feel comfortable failing a student based on an AI's probabilistic judgment?
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Going forward, I'd expect these clauses to become commonplace.
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So far, it's the only one like it I've found on EDGAR. sec.gov/Archives/edgar/data/…
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The DOJ suit against Alaskan certification is a press release dressed up as a complaint, to be sure. But also, dems pushing a candidate to act as a honeypot for confused voters is hard to defend on any ground apart from that it's literally lawful.
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AI-screening across domains (including government services and adjudication) is the way to deal with AI-supply, but getting it right at equilibrium seems incredibly challenging.
Yesterday, @thehoffprof asked how we can manage law review article selection in times of the slopalypse Today, a new study offers some evidence for fighting AI flooding with AI. In head-to-head comparisons, AI-generated reviews beat reviews by paid human experts. AI judges overwhelmingly preferred them. Three former journal editors also preferred them in 26 of 30 judgments. That doesn't mean that AI should select our future scholarship. The downsides are obvious. The study doesn't really test selection decisions, much less questions of scholarly impact. But it makes the case for using AI-assisted triage to direct scarce human attention toward interesting, rigorous, and creative articles Complain about it, by all means. But the flood is coming either way. If you don't have a better AND realistic solution, the complaint won't get us very far.
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A core worry is iterated exchanges between AI authors/reviewers converging on forms of proof and writing that humans can't follow, and, long term, w/out injections of new human text, unravelling. This isn't limited to domains like law (though its worse in them).
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Maybe I can make on to the LPE blog after all.
“Contract law is not fundamentally a coordinating enterprise. It just doesn’t do that very well.” Dave Hoffman takes us from one $1 million NIL provision to the larger problem of an unraveling college-sports market. New on Taboo Trades. buff.ly/7OaYXWY
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I've been thinking about how law reviews (and academics) should respond to AI writing, and this 👇 is my basic starting point. Pangram is a badly designed purity stick.
People treat Pangram as an infallible oracle. They weaponize its probabilities to shame others by some arbitrary purity standard. The irony is that it’s mostly redundant: obviously AI-generated stuff is already recognizable without it. And for more nuanced writing, Pangram fails to distinguish between text written by a human and edited by AI, vs text that is generated whole-cloth from a prompt. At the end of the day, @pangram ’s goal is about monetizing people’s anxiety about AI - it’s not about protecting creative integrity. They sell a false binary certainty to those gullible enough to ignore probabilities.
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So, though pangram *can be manipulated*, journals might conclude that the post-hoc fussing itself solves some of the problems I've just listed, and authors who fail to do so should be held back at the door.
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Again, this screening use of Pangram is *way better* that later offer revocations, or relying on unread disclosure mandates whose details will vary across journals and time.
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In this vision of the thing, the clients are readers of legal scholarship, and I for one am very grateful for editors' service.
Replying to @brianlfrye
Counterpoint: Law reviews are about exposing students to the experience of doing extra homework at the beck and call of tedious jerks on behalf of ungrateful clients
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Thanks to Tess's amazing work, a new Promises, Promises podcast episode up: Wassenaar v. Towne Hotel. We recorded this live before an audience of (participating) contract students from Mitu Gulati and @KimKrawiec's @UVALaw classes. open.spotify.com/episode/0MV…
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"I don't think the purpose of the first-year contracts classroom is to talk about rules in clear ways." 🤷‍♂️
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And another one, Maglica v Maglica: open.spotify.com/episode/2x8…
Thanks to Tess's amazing work, a new Promises, Promises podcast episode up: Wassenaar v. Towne Hotel. We recorded this live before an audience of (participating) contract students from Mitu Gulati and @KimKrawiec's @UVALaw classes. open.spotify.com/episode/0MV…
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A problem with this clever idea is that there are fields -- I'm looking at you, conlaw -- where the directionally correct prior should be that legal novelty is stupid.
We need an inverse-Pangram. It tells you what percentage of your article is substantively original (i.e., doesn't map onto existing literature, whether word-for-word OR paraphrased, whether AI generated or not).
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We need law-factor authentication. Paper: papers.ssrn.com/sol3/papers.…
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