DALL-E Does Palsgraf

Abstract

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