AI Law and Policy, First Edition

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Authors

Margaret Hu

Series / Aspen Casebook Series

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Book length

1110 pages

Publication Date

2025-07-29

Edition

First Edition

Description

Table of contents

Preface

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AI Law and Policy is a casebook that offers a survey of law and policy challenges introduced by artificial intelligence (AI) and other emerging technologies.
This casebook provides a panoramic snapshot of a fast-moving phenomenon in a transformative moment of history and attempts to capture a wide-lens story of technology that is disruptive and undergoing the earliest stages of experimentation. The approach of this project is to offer key primary source materials that tell a story: why the history of AI law and policy at the nascent stages is coterminous with how we should struggle with the project of AI law and policy over its longer trajectory.

AI Law and Policy aims for breadth of the evolving history of a range of AI governance concepts The approach will ground the student in how AI must be interrogated for its governance impact through a wide range of case studies. The evolving arc of AI governance is examined through a series of primary source materials: complaints and cases, statutes, regulations, reports, press releases and policy guidance documents—that span multiple areas of law and policy, including Data Privacy, Cybersecurity, Antidiscrimination Law, Product Liability and Torts, Intellectual Property, Antitrust, National Security, and other related fields.

Benefits for instructors and students:

Historical approach provides a collection of primary source materials that facilitate the study of AI through the lens of those who are struggling to create a body of law and policies to govern an evolving technological movement.
A wide variety of materials, such as proposed statutes and regulations, guidance documents, congressional hearings and testimony, reports, and other primary source materials, contextualizes how laws and policies are developing from a recognition of AI’s impact.
Foundational topics set the necessary precursor of discussion for the entire field of AI and the Law before addressing substantive legal issues or presenting cases. Topics include algorithmic discrimination; transparency and explainability; data privacy, autonomy, and democracy.
Modular chapters allow for flexibility in teaching based on the adopter’s priorities for coverage and sequence. The book is an excellent choice for use in a law school seminar, a doctrinal/survey course, a short course/compressed course, small discussion group setting, or a more traditional doctrinal lecture format.

Table of Contents

SUMMARY OF CONTENTS

Contents
Preface
Author’s Note on Research and Editing Process
Acknowledgments

Chapter 1 Introduction
PART I AI GOVERNANCE IN CONTEXT
Chapter 2 Definitions
Chapter 3 Conceptualizing AI Governance
Chapter 4 Algorithmic Discrimination and Disparate Impact
Chapter 5 Transparency and Explanation
Chapter 6 Data Privacy and Autonomy
Chapter 7 Personhood and Citizenship
Chapter 8 Human Oversight and Generative AI

PART II STATUTORY AND REGULATORY FRAMEWORKS
Chapter 9 Selected European Union (EU) Frameworks
Chapter 10 Selected International Frameworks
Chapter 11 U.S. Federal and State Law Developments
Chapter 12 Overlapping Legal Regimes: International and Domestic,
Public and Private

PART III CONSTITUTIONAL AND PUBLIC LAW
Chapter 13 Expressive Freedoms
Chapter 14 Elections and Deepfakes
Chapter 15 Due Process and Equal Protection
Chapter 16 Criminal Procedure
Chapter 17 Worker Protections in Equal Employment and Disability Laws
Chapter 18 Consumer and Financial Protections

PART IV PRIVATE LAW AND OTHER RIGHTS AND LIABILITIES
Chapter 19 Overview of AI Product Liability and Negligence: Examining
the Intersection of Tort and Contract Law
Chapter 20 Privacy Torts and Defamation
Chapter 21 Data Protection, Cybersecurity, and Web Scraping
Chapter 22 Intellectual Property
Chapter 23 Securities and Antitrust

PART V FUTURE OF AI LAW AND POLICY
Chapter 24 Impact on Legal Practice and Legal Systems
Chapter 25 AI Ethics and Audits
Chapter 26 Remedies and Preventive Measures
Chapter 27 National Security
Chapter 28 Humanity and Sustainability

Appendix—Constitution of the United States
Table of Statutes and Regulations
Table of Cases
Index