DALL-E Does Palsgraf

43 Pages Posted: 30 Sep 2022 Last revised: 17 Feb 2023

See all articles by Bryant Walker Smith

Bryant Walker Smith

University of South Carolina - School of Law; Stanford Law School Center for Internet and Society

Date Written: August 24, 2022


What happens when we ask a leading artificial intelligence (AI) tool for image generation to illustrate the facts of a leading law school case? This article does just that. I first introduce this tool specifically and machine learning generally. I then summarize the seminal case of Palsgraf v. Long Island Railroad. For the main event, I show the images that the tool created based on the facts as the majority and dissent recount them. Finally, I translate this exercise into lessons for how lawyers and the law should think about AI.

Keywords: artificial intelligence, AI, machine learning, image generation, DALL-E, deepfakes, criminal, algorithmic discrimination, Palsgraf v. Long Island Railroad, Cardozo

Suggested Citation

Smith, Bryant Walker, DALL-E Does Palsgraf (August 24, 2022). Case Western Reserve Journal of Law, Technology & the Internet, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4227719 or http://dx.doi.org/10.2139/ssrn.4227719

Bryant Walker Smith (Contact Author)

University of South Carolina - School of Law ( email )

1525 Senate Street
Columbia, SC 29208
United States

HOME PAGE: http://law.sc.edu/faculty/smith

Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://cyberlaw.stanford.edu/bws

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