The Yale Law Journal


Old Law, New Tech: Legal Responses to Emerging Technologies

19 Apr 2024
Law and Technology


How to Get the Property Out of Privacy Law

Jane R. Bambauer

Privacy law emphasizes control over “your” data, but requiring consent for each data use is unprincipled, not to mention utterly impractical in the AI era. American lawmakers should reject the property model and use a framework that creates defined zones of privacy and clear safe harbors, irrespecti…


ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI

Micaela Mantegna

This Essay critiques the inadequacy of copyright law to address the challenges Generative Artificial Intelligence (GAI) poses. By analyzing copyright law’s frictions and inconsistent treatment of technical terms, and challenging the definitions of creativity, this Essay establishes a taxonomy of ind…


The Ethics and Challenges of Legal Personhood for AI

Hon. Katherine B. Forrest (Fmr.)

AI’s increasing cognitive abilities will raise challenges for judges. “Legal personhood” is a flexible and political concept that has evolved throughout American history. In determining whether to expand that concept to AI, judges will confront difficult ethical questions and will have to weigh comp…


Constructing AI Speech

Margot E. Kaminski & Meg Leta Jones

This Essay advocates for a “legal construction of technology” approach to AI speech, challenging the notion that technology disrupts law and emphasizing how law shapes technology based on societal value. Applying the method to four different legal constructions of AI, the authors examine AI within F…