Emerging Technology's Unfamiliarity with Commercial Law
In: 119 Northwestern University Law Review Online 31 (2024)
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In: 119 Northwestern University Law Review Online 31 (2024)
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In: 78 Washington and Lee Law Review 1521 (2021)
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In: 46 Journal of Corporation Law 981 (2021)
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In: THE ASHGATE COMPANION TO MILITARY ETHICS, pp. 359-369, James Turner Johnson & Eric D. Patterson, Eds., Ashgate Publishing, 2015
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In: 17 University of the District of Columbia Law Review 131, Spring 2014
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In: Vol. I, Perspectives on Immigration: History and Issues, 145-64 (LeMay, Ed., Praeger) 2013
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In: Melbourne Journal of International Law, Band 12, Heft 1
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In: 25 Wis. J. Gender L. & Soc'y 301, 2010
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In: Duke Journal of Comparative & International Law, Band 19, Heft 357
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Several states have recently changed their business organization law to accommodate autonomous businesses—businesses operated entirely through computer code. A variety of international civil society groups are also actively developing new frameworks— and a model law—for enabling decentralized, autonomous businesses to achieve a corporate or corporate-like status that bestows legal personhood. Meanwhile, various jurisdictions, including the European Union, have considered whether and to what extent artificial intelligence (AI) more broadly should be endowed with personhood to respond to AI's increasing presence in society. Despite the fairly obvious overlap between the two sets of inquiries, the legal and policy discussions between the two only rarely overlap. As a result of this failure to communicate, both areas of personhood theory fail to account for the important role that socio-technical and socio-legal context plays in law and policy development. This Article fills the gap by investigating the limits of artificial rights at the intersection of corporations and artificial intelligence. Specifically, this Article argues that building a comprehensive legal approach to artificial rights—rights enjoyed by artificial people, whether corporate entity, machine, or otherwise—requires approaching the issue through a systems lens to ensure that the legal system adequately considers the varied socio-technical contexts in which artificial people exist. To make these claims, this Article begins by establishing a terminology baseline, and emphasizing the importance of viewing AI as part of a socio-technical system. Part I then concludes by reviewing the existing ecosystem of autonomous corporations. Parts II and III then examine the existing debates around artificially intelligent persons and corporate personhood, arguing that the socio-legal needs driving artificial personhood debates in both contexts include: protecting the rights of natural people, upholding social values, and creating a fiction for legal convenience. ...
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