Saturday, December 30, 2023

PROPOSED RULES FOR AI USE REDUX

Proposed Rules for Responsible AI Use

Artificial Intelligence (AI) is transforming the legal profession, streamlining processes, and enhancing efficiency. To ensure AI's responsible and ethical use in legal contexts, we propose a set of rules and practices that legal institutions, professionals, and AI suppliers should consider adopting.

1. Watermarking and Access Code:

  • AI suppliers must "watermark" their products, ensuring that any document produced using AI can be traced back to its source. An access code should be implemented for verification, with details on its secure application.

2. Comprehensive Watermarking:

  • The watermarking process should extend to cover not only the final document but also intermediate outputs and drafts generated during the AI-assisted creation process, ensuring complete transparency.

3. Certification by Authors:

  • Authors utilizing AI must provide a certification in all documents, clearly stating the use of AI and disclosing any substantial edits made by the author. Transparency and accountability are key to maintaining the integrity of legal documents.

4. Restrictions by Law Schools and Judiciaries:

  • Law schools and judiciaries may impose restrictions on the use of AI, specifying areas or stages where its usage is limited. This allows for a tailored approach that aligns with the values and standards of each institution.

5. Disclosure and Certification:

  • Certification and disclosure in all legal documents involving AI is mandatory. Non-compliance must carry legal implications, underlining the seriousness of accurately representing the role of AI in the document creation process.

6. Educational Institutions' Authority:

  • Schools and educational institutions should restrict AI usage, promoting academic integrity and ethical standards. This acknowledges educational institutions' diverse goals and requirements in shaping future legal professionals.

7. Legal Scholars' Discussion:

  • Legal scholars should explore whether AI can be considered a "person" and explore potential free speech and other constitutional implications. This discussion should include ethical considerations, legal rights, and responsibilities associated with AI use in the legal realm.

8. Ethical Considerations:

  • Decision makers should address potential biases, fairness issues, and the responsibility of legal professionals to ensure just and equitable outcomes when utilizing AI tools. Promote ethical practices in AI development and usage within the legal profession.

9. Ongoing Review and Adaptation:

  • There should be a mechanism for periodic review and adaptation of these rules to accommodate advancements in AI technology and evolving ethical standards. This ensures that the guidelines remain relevant and effective in the dynamic landscape of AI development.


 

Top of Form

 


PROPOSED RULES FOR USE OF ARTIFICIAL INTELLIGENCE

We suggest that the ABA, any state bar association, and any state or federal agencies may adopt specific rules and practices for the use of artificial intelligence (AI).

  1. All AI suppliers must "watermark" their product so any use of it can be recognized by using an access code.
  2. The watermark must encompass every word used by AI. 
  3. Anyone can use AI, provided it is supplied by firms using the prescribed watermark. 
  4. All documents using AI must contain a certification by the author that AI was used and edited by the author.
  5. Law schools and state and federal judiciaries may restrict AI usage as they see fit. 
  6. Any usage of AI must be disclosed and certified. This applies to all document production. The author making the disclosure must warrant that they used and reviewed AI.
  7. Schools and educational institutions may restrict the use of AI in furtherance of their academic goals and requirements.
  8. Legal scholars must discuss whether artificial intelligence is a "person" and whether AI use restrictions are unconstitutional.

Friday, December 29, 2023

PORTRAIT OF A DICTATOR

Within his short career, Huey Long had wrought a revolution in his own state and threatened to extend it to the whole of the country. Long is a controversial figure who has aroused fervent enthusiasm and almost complete hatred. He had been hailed as the saviour of the poor and the oppressed, but more often denounced as a dictator, the harbinger of American fascism, and even as the potential Mussolini of America.

--Peter King 

Most of you did not know Huey Long. He was a fascist and a dictator near the middle of the 20th century who was assassinated before he could impose his will and ambition on the entire nation.

All of you know Donald Trump. He has announced he will be a dictator. Mussolini and Hitler did not last long. Huey Long did not get to impose his fascist agenda. Trump won't become a Hitler if the Evangelicals deny him the opportunity. Talk to Evangelicals about the scriptures and their duty to do the morally right thing. 

COMPENSABLE CHANGES

Every compensable change is an excusable cause of delay and nonperformance. Not every excusable cause of delay and nonperformance is a compensable change. A delay may be a compensable change, but it is possible to have an excusable delay without compensation. 

The changes clause provides delay compensation. The clause explicitly allows an equitable adjustment if the change affects the time of performance, and it allows a price increase on the affected original work. 

Sunday, December 24, 2023

HOW TO CONTROL THE USE OF ARTIFICIAL INTELLIGENCE

I grew up in the printing business. My Dad, Joe, had a letterpress business. I would watch the typist compose on a linotype machine and produce galleys of molten lead letters that later would be placed on large metal trays arranged in the correct order for printing. The sheets were taken to the large letterpress machine that would ink the trays with the lead letters.  The letterpress pressed the paper on the letters on the trays, moved the inked paper over small jets of flames to dry the ink, and deposited the finished printed paper in a neat pile for cutting, collating, and binding. 

He had printer's ink in his blood, as he was found of saying. He also had an uncanny talent for identifying the weight of paper and its cloth content by the mere touch of his fingers. He was always right. And this is the point; he could always immediately see the hidden watermark on the paper identifying its origin.

That's the point. Any composition by artificial intelligence has to be "watermarked" to identify its origin.

We can address the ethics and plagiarism issue with the simple expedient of the modern-day equivalent of water making.

No need for the honor system in school. No need to try any other way to prevent people from using AI for composition in school or anywhere else we do not want it. The same method can be employed on all compositions. Just find and deploy the equivalent of the watermark system.

Guardrails on AI usage can be put in place and enforced if we can identify when it is being used. The code of ethics can map out proper usage across the board. AI must have a signature, a Watermark, and a DNA. That, together with making it a federal crime to lie about AI usage, should help alleviate the fear that it will control us.

We need a federal convocation of leaders from all economic, professional, and educational sectors to meet and issue a manifest of ethical use of artificial intelligence in composition and communication. After that, implementation will be policed by using the identification watermark of AI. The promulgation of the Uniform Commercial Code may serve as a model.


Saturday, December 23, 2023

HOW TO CONTROL USE OF ARTIFICIAL INTELLIGENCE

I grew up in the printing business. My Dad, Joe, had a letterpress business. I would watch the typist compose on a linotype machine and produce galleys of molten lead letters that later would be placed on large metal trays arranged in the correct order for printing. The sheets were taken to the large letterpress machine that would ink the trays with the lead letters.  The letterpress pressed the paper on the letters on the trays, moved the inked paper over small jets of flames to dry the ink, and deposited the finished printed paper in a neat pile for cutting, collating, and binding. 

He had printer's ink in his blood, as he was found of saying. He also had an uncanny talent for identifying the weight of paper and its cloth content by the mere touch of his fingers. He was always right. And this is the point; he could always immediately see the hidden watermark on the paper identifying its origin.

That's the point. Any composition by artificial intelligence has to be "watermarked" to identify its origin.

We can address the ethics and plagiarism issue with the simple expedient of the modern-day equivalent of water making.

No need for the honor system in school. No need to try any other way to prevent people from using AI for composition in school or anywhere else we do not want it. The same method can be employed on all compositions. Just find the Watermark system and do it promptly.

Guardrails on AI usage can be put in place and enforced if we can identify when it is being used. The code of ethics can map out proper usage across the board. AI must have a signature, a Watermark, and a DNA. That, together with making it a federal crime to lie about AI usage, should help alleviate the fear that it will control us.

We need a federal convocation of leaders from all economic, professional, and educational sectors to meet and issue a manifest of ethical use of artificial intelligence in composition and communication. After that, implementation will be policed by using the identification watermark of AI. The promulgation of the Uniform Commercial Code may serve as a model.


MANAGEMENT OF AI AUGMENTED LEGAL SERVICES

 MANAGEMENT OF AI-AUGMENTED LEGAL SERVICES

Discovery document review and production will be performed by AI under the instruction and supervision of experienced lawyers, or so the client should insist. This will result in significant cost savings to clients. Likewise, memoranda and briefs will be written by AI under the instruction and supervision of experienced lawyers, which will result in substantial savings. The upshot is that young lawyers will not be needed to perform these functions. Clients no longer will permit delegation to junior lawyers except for vetted superstars with AI technical extensive experience.

Here are suggestions for how clients and law firms should approach the new era of artificial intelligence.
  1. Reserve equity partnerships only with major rainmakers and reveal your plan to all employees.
  2. Reduce new hires from law school and train those you hire in specialty work for at least a year. Refrain from billing them for that year.
  3. Absorb the cost of AI and do not bill it as an expense. Increase hourly rate slightly to account for AI cost but point out overall savings in the pricing regime. Of course, there is no delegation to anyone in the firm without the client-informed approval.
  4. Eliminate billing of any out-of-pocket expense as a direct cost. Pricing involves only labor rates. 
  5. Use Lexis AI with all its features and pay for in-house intensive personnel training.
  6. For litigation matters, have a budget with monthly reconciliations and not-to-exceed ceilings.
  7. Train senior partners to provide AI instructions and juniors to monitor AI and facilitate carrying out directions of senior partners.
  8. Senior partners continue instructing AI on searches, organization, filing, document production, memoranda, articles, or briefs.
  9. Each client and each service provider should hire a law firm management expert to suggest adapting organization, management, and pricing to each engagement. Clients will now have RFPs for each matter, and law firms will submit competitive proposals.
  10. Myriad fee arrangements will become the order of the day. No more straight hourly. Some hourly may be included, but the trend is toward fixed-price incentive contracting. Fixed price incentives are well known in the government contracts community. Results-oriented incentives will be commonplace. All projects must be budgeted. If your litigation lawyer has been to your war before they will happily budget litigation. Eventually, all work will be at a fixed price.

Wednesday, December 6, 2023

SLEEPWALKING INTO A DICTATORSHIP

“To understand the actual world as it is, not as we should wish it to be, is the beginning of wisdom.“

Listen to Liz Cheney. We are inexorably sleepwalking into a dictatorship. Like your freedoms? Like to get back what the billionaires have taken away? Know you can have a better life if given the chance? Listen to Liz. Then convert a MAGA today. They want the same thing but are enslaved to a con man and would-be dictator, unaccountable, except to himself and his billionaire co-conspirators.

This is supposed to be the land of the free. To those who complain about big government and limited opportunities, ask Donald how he plans to improve your life. Be critical and persistent. No platitudes, no worn-out hackneyed phrases, or scapegoating Democrats. Make him be specific, and then grill him on how he intends to get the makings of your better life done. Go ahead. It's your life; press him. Pin him down. He gave money to the rich and ran up the deficit. Ask him why he did that; why didn't you get a chunk of the billions he gave to the billionaires.

We are too busy trying to make ends meet to do anything, we say. We prefer to sleep through the political crisis. After all, it is just a bunch of crooked politicians duking it out in their world. Not my world. I'm the working backbone of real life in America.

Stop. Liz is our heroine. She Devined her priorities. She stands tall above us all and beckons us to follow. America will prevail. MAGA will fail. Donald will see jail. ONLY if we begin now. Indeed, we can do two things: 1) convert one cult member and 2) vote Democrat.

 

Tuesday, December 5, 2023

OPEN LETTER TO MAGAs: FIRST CORINTHIANS 15:33

What does 1st Corinthians 15:33 mean?
Spending time with people who continually proclaim falsehoods loosens one's grip on correct belief, inevitably reducing one's moral convictions—evil companionships corrupt good morals.
Most MAGAs deserve the better life they seek. They should be able to achieve the prosperity and freedom Donald gave away to the billionaires. They need to ask why he did that.

The recent history of the MAGAs speaks of actions against their best interests. Alas, they have fallen prey to a con man promising them -- what is he promising them anyway? MAGAs have a proud history and tradition. With FDR's help, they prospered until the Hollywood actor conned it away from them the first time. With a nod to the forgettable past, we reiterate our call that the MAGAs vote for themselves, not the billionaires.

The MAGAs yearned to be free. Don't tread on me. So their predecessors voted for Reagan and his progeny of would-be oligarchs and helped widen the chasm between haves and have-nots.

Then, the MAGAs signed up with the flim-flam fascist autocrat and would-be dictator, choosing to remain slaves to him and his profiteers. Yes, they seem not to know what is good for them. Actually, they are brainwashed with the dogma that preaches there is a god, a scripture to be followed, and a messiah to be worshipped. Now, where do you suppose that came from (evangelicals)?

Yes, half of Americans are under a spell, indoctrinated by religion with a god who subjugates them, demands their obedience to enslavement, and requires a life of messiah worship. So is it any wonder the unscrupulous take advantage of the gullible masses who believe the Donald will lead them to the promised land. But look. Before their very eyes, only the rich and powerful enjoy the wealth produced by the MAGAs.

This is supposed to be the land of the free. To those who complain about big government and limited opportunities, ask Donald how he plans to improve your life. Be critical and persistent. No platitudes, no worn-out hackneyed phrases, or scapegoating Democrats. Make him be specific, and then grill him on how he intends to get the makings of your better life done. Go ahead. It's your life; press him. Pin him down. He gave money to the rich and ran up the deficit. Ask him why he did that; why didn't you get a chunk of the billions he gave to the billionaires.

You are a great people; your ancestors built this economy with the help of FDR. You can do it again. Start by throwing out the money changers. Jesus did, or so it is reported. You can break the shackles of enslavement to the billionaire offshore money hoarders. Get back your share. At long last, you deserve it.
And you can be free. All you have to do is declare it so at the ballot box. Any vote for other than Donald and his ilk is a vote for your freedom and prosperity because the alternative group has plans to help you.
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LIZ CHENEY: AMERICAN HEROINE

“To understand the actual world as it is, not as we should wish it to be, is the beginning of wisdom.“

Listen to Liz. We are inexorably sleepwalking into a dictatorship. Like your freedoms? Like to get back what the billionaires have taken away? Know you can have a better life if given the chance? Listen to Liz. Then convert a MAGA today. They want the same thing but are enslaved to a con man and would-be dictator, unaccountable, except to himself and his billionaire co-conspirators.

One MAGA at a time. Every day, one more.

The MAGA cult yearns to be free. Don't tread on me. So their predecessors voted for Reagan and his progeny of would-be oligarchs and helped widen the chasm between haves and have-nots. 

Then, the MAGAs sign up with the flim-flam fascist autocrat and would-be dictator, choosing to remain slaves to him and his profiteers. Yes, they don't know what is good for them. Actually, they are brainwashed with the evangelical dogma that preaches there is a god, a scripture to be followed, and a messiah to be worshipped. Now, where did that come from?

Yes, half of Americans are under a spell, indoctrinated by religion with a god who subjugates them, demands their obedience to enslavement, and requires a life of messiah worship. So is it any wonder the unscrupulous take advantage of the gullible masses who believe the Donald will lead them to the promised land. But look. Before their very eyes, only the rich and powerful enjoy the wealth produced by the MAGAs.

This is supposed to be the land of the free. To those who complain about big government and limited opportunities, ask Donald how he plans to improve your life. Be critical and persistent. No platitudes, no worn-out hackneyed phrases, or scapegoating Democrats. Make him be specific, and then grill him on how he intends to get the makings of your better life done. Go ahead. It's your life; press him. Pin him down. He gave money to the rich and ran up the deficit. Ask him why he did that; why didn't you get a chunk of the billions he gave to the billionaires.

We are a great people; Our ancestors built this economy with the help of FDR. We can do it again. Start by throwing out the money changers. Jesus did, or so it is reported. We can break the shackles of enslavement to the billionaire offshore money hoarders.

We are too busy trying to make ends meet to do anything, we say. We prefer to sleep through the political crisis. After all, it is just a bunch of crooked politicians duking it out in their world. Not my world. I'm the working backbone of real life in America.

Stop. Liz is our heroine. She Devined her priorities. She stands tall above us all and beckons us to follow. America will prevail. MAGA will fail. Donald will see jail. ONLY if we begin now. Indeed, we can do two things: 1) convert one cult member and 2) vote Democrat.


Monday, December 4, 2023

JESUS WAS A SOCIALIST

 

Jesus Was A Socialist

There's a great deal of pent-up demand for a candidate who articulates Americans' frustrations with the status quo. Trump exploited those frustrations with a campaign based on racism, intolerance, and xenophobia.


 

By Peter Dreier, Contributor

E.P. Clapp Distinguished Professor of Politics, Occidental College

Dec 25, 2016, 05:18 PM EST

|Updated Dec 26, 2017

This post was published on the now-closed HuffPost Contributor platform. Contributors control their own work and posted freely to our site. If you need to flag this entry as abusive, send us an email.

 

As people around the world celebrate Christmas, it is worth remembering that Jesus was a socialist. Of course, he was born long before the rise of industrial capitalism in the 19th century, but his radical ideas have influenced many critics of capitalism, including many prominent socialists and even Pope Francis.

Pope Francis has consistently criticized the human and spiritual damage caused by global capitalism, widening inequality, and corporate sweatshops. Last week, he blamed the "god of money" for the extremist violence that is taking place around the world. A ruthless global economy, he argued, leads marginalized people to violence.

In 2013, he released a remarkable 84-page document in which he attacked unfettered capitalism as "a new tyranny," criticized the "idolatry of money," and urged politicians to guarantee all citizens "dignified work, education and healthcare."

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"Today we also have to say 'thou shalt not' to an economy of exclusion and inequality. Such an economy kills," Pope Francis wrote. "How can it be that it is not a news item when an elderly homeless person dies of exposure, but it is news when the stock market loses two points?"

During the last year, as Senator Bernie Sanders' presidential campaign gained momentum, the word "socialism" generated lots of media attention because Sanders described himself as a "democratic socialist." In November, Americans elected a staunch capitalist, Donald Trump, as president, but a majority of Americans - and even many of those who voted for Trump - disagree with his policy ideas.

Few Americans call themselves socialists, but many of them share socialists' critiques of American-style capitalism, including the widening gap between the rich and the rest, the greed of the super-rich, the undue influence of Wall Street and big business in politics, and the persistence of widespread poverty and hunger in our affluent society.

The idea of Christian socialism has a long and proud tradition. As capitalism emerged in the mid-1800s, many of its fiercest critics based their ideas on Jesus' teachings.

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"No one can serve two masters," Jesus says in Matthew 6:24. "Either he will hate the one and love the other, or he will be devoted to the one and despise the other. You cannot serve both God and Money." I

In Luke 12:15, Jesus says, "Watch out! Be on your guard against all kinds of greed; a man's life does not consist in the abundance of his possessions.'"

Jesus not only urged people to be kind to others in their everyday lives. He was also talking about those in government who ruled over others, including the priests who ruled Judea for Rome and the rulers of the Roman empire.

Pope Leo XIII (1810-1903) -- often called the "workers' pope" -- echoed similar ideas. His 1891 encyclical Rerum Novarum ("On the Condition of Labor") focused attention on the dehumanizing conditions in which many workers labored. He affirmed workers' rights to just wages, rest, and fair treatment, to form unions, and to strike if necessary. He called on governments to promote a more equal distribution of resources and said, in particular, that the poor "have a claim to special consideration." He did not espouse socialism, but his attacks on capitalism for its endorsement of greed, its concentration of wealth, and its mistreatment of workers had a major influence on the emerging socialist movement in Europe and America.

Francis Bellamy (1855-1931), an American Baptist minister, was a leading Christian socialist. Like Pope Leo, he championed the rights of working people and a more equal distribution of wealth and income, which he believed reflected Jesus' teachings. In 1891, Bellamy was fired from his Boston pulpit for preaching against the evils of capitalism and describing Jesus as a socialist. But he's best known as the author of the "Pledge of Allegiance," which he wrote in 1892 as an antidote to Gilded Age greed, misguided materialism, and hyper-individualism, reflected in those radical words "with liberty and justice for all." (Ironically, Bellamy did not include the words "under God" in the original Pledge. They were added by Congress in 1953 at the height of the Cold War).

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Many of America's leading socialists -- including labor leader Eugene Debs, settlement house founder Jane Addams, Rev. Walter Rauschenbusch, and Helen Keller -- rooted their views in their Christian faith, which became known as "social gospel." Indeed, many of the leaders of America's socialist movement, including Norman Thomas (1884-1968) -- who ran for president five times on the Socialist Party ticket and was often called "America's conscience" -- were Protestant clergy.

Throughout American history, some of the nation's most influential activists and thinkers, such as philosopher John Dewey, sociologist W.E.B. DuBois, scientist Albert Einstein, poet Katherine Lee Bates (who wrote "America the Beautiful"), muckraking writer Upton Sinclair, labor leaders A. Philip Randolph and Walter Reuther, civil rights crusader Martin Luther King, feminists Charlotte Perkins Gilman and Gloria Steinem, Planned Parenthood founder Margaret Sanger, and Dorothy Day (founder of the Catholic Worker movement) embraced democratic socialism.

In the early 1900s, socialists led the movements for women's suffrage, child labor laws, consumer protection laws and the progressive income tax. In 1911, Victor Berger, a socialist congressman from Milwaukee, sponsored the first bill to create "old age pensions." The bill didn't get very far, but two decades later, in the midst of the Depression, President Franklin D. Roosevelt persuaded Congress to enact Social Security. Even then, some critics denounced it as un-American. But today, most Americans, even conservatives, believe that Social Security is a good idea. What had once seemed radical has become common sense.

Much of FDR's other New Deal legislation -- the minimum wage, workers' right to form unions and public works programs to create jobs for the unemployed -- was first espoused by American socialists. Socialists have long pushed for a universal health insurance plan, which helped create the momentum for stepping-stone measures such as Medicare and Medicaid in the 1960s.

Socialists were in the forefront of the civil rights movement from the founding of the NAACP in 1909 through the Voting Rights Act of 1965.

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King believed that America needed a "radical redistribution of economic and political power." In October 1964, he called for a "gigantic Marshall Plan" for the poor -- black and white. Later that year, after he he traveled to Oslo to accept the Nobel Peace Prize, he told friends that the U.S. could learn much from Scandinavian "democratic socialism." In fact, he told his staff, "There must be a better distribution of wealth, and maybe America must move toward a democratic socialism."

During the Cold War, many Americans confused democratic socialism with communism. In fact, democratic socialists opposed the totalitarian governments of the Soviet Union, China and their satellites. That's because democratic socialism is about democracy -- giving ordinary people a greater voice in both politics and the workplace.

Sanders' version of democratic socialism is akin to what most people around the world call "social democracy," which seeks to make capitalism more humane.

This is why Sanders often said that the U.S. should learn from Sweden, Norway and Denmark -- countries with greater equality, a higher standard of living for working families, better schools, free universities, less poverty, a cleaner environment, higher voter turnout, stronger unions, universal health insurance, and a much wider safety net

Sounds anti-business? Forbes magazine ranked Denmark as the #1 country for business. The United States ranked #18.

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European social democracies put greater emphasis on government enterprise, but even most Americans favor government-run police departments, fire departments, national parks, municipally-owned utilities, local subway systems and public state universities.

Today's democratic socialists believe in private enterprise but think it should be subject to rules that guarantee businesses act responsibly. Banks shouldn't engage in reckless predatory lending. Energy corporations shouldn't endanger and planet and public health by emitting too much pollution. Companies should be required to guarantee that consumer products (like cars and toys) are safe and that companies pay decent wages and provide safe workplaces.

Democratic socialism also means reducing the political influence of the super rich and big corporations, increasing taxes of the wealthy to help pay for expanded public services like child care, public transit, and higher education, reducing barriers to voting, and strengthening regulations of business to require them to be more socially responsible in terms of their employees, consumers and the environment. That means a higher minimum wage, paid sick days and paid vacations, and safer workplaces.

A poll earlier this year found that among Americans under 50, a majority are critical of capitalism. Although the word "socialism" has often been demonized, public opinion polls show that a vast majority of Americans agree with these ideas. For example, 74% think corporations have too much influence; 73% favor tougher regulation of Wall Street; 60% believe that "our economic system unfairly favors the wealthy;" 85% want an overhaul of our campaign finance system to reduce the influence of money in politics; 58% support breaking up big banks; 79% think the wealthy don't pay their fair share of taxes; 85% favor paid family leave; 80% of Democrats and half the public support single-payer Medicare for all; 75% of Americans (including 53% of Republicans) support an increase in the federal minimum wage to $12.50, while 63% favor a $15 minimum wage; well over 70% support workers' rights to unionize; and 92% want a society with far less income disparity.

There's a great deal of pent-up demand for a candidate who articulates Americans' frustrations with the status quo. Trump exploited those frustrations with a campaign based on racism, intolerance, and xenophobia. But a candidate who can channel those frustrations in a way that inspires hope rather than fear can build on the long tradition of Christian socialism and social democracy.

Peter Dreier is professor of politics at Occidental College and author of The 100 Greatest Americans of the 20th Century: A Social Justice Hall of Fame (Nation Books, 2012).

The Stakes Have Never Been Higher

As the 2024 presidential race heats up, the very foundations of our democracy are at stake. At HuffPost, we believe that a vibrant democracy is impossible without well-informed citizens. This is why we keep our journalism free for everyone, even as most other newsrooms have retreated behind expensive paywalls.

 

Facts are the currency of a just and honest society, and science is the arbiter of facts.

 “To understand the actual world as it is, not as we should wish it to be, is the beginning of wisdom.“

Saturday, December 2, 2023

DOD's AI PLAN CREATES COMMERCIAL OPPORTUNITIES

DOD has released its Data, Analytics, and Artificial Intelligence Adoption Strategy designed to expedite the adoption of AI technologies to assist in decision-making at all DOD levels. It was issued by the Chief Digital and AI Office (CDAO).

DOD will use an adopt, buy, and create that will seek solutions already in place  and get vendors to propose solutions to specific problems while protecting the contractor's data rights.

DOD wants a data and AI system that fosters commercial competition and innovation. DOD will only create its own solutions in the absence of industry commercial solutions. So, there will be ample opportunities for government contractors to jump into the AI business.

Be looking for how DOD plans to use AI in procurements. As we have written, AI assistance is urgently needed in preparing solicitations and contract terms and conditions. 

Friday, December 1, 2023

ONE OF THE BEST USES OF AI IN GOVERNMENT CONTRACTS

One of the most labor-intensive tasks in government contracts is choosing the right solicitation provisions and contract clauses, and there are hundreds. In fact, look at the end of the FAR, 

Have you heard of the last FAR Part? Most have not. So, what is it?

It may be the most important but overlooked part of the FAR.

It is a 31-page fine print matrix of solicitation provisions and contract clauses. 

The best use of AI by the government and contractors is to ask for help identifying which solicitation provisions and contract clauses belong in which solicitation and contact. The matrix lists all the provisions and clauses and tells you when its use is required, required when applicable, and optional. The matrix then applies these criteria for each provision or clause to twenty types of procurement vehicles. 

The importance of getting the solicitation provisions and contract clauses right cannot be overstated. And AI should immensely help the government's and the contractor's obligations to follow the rules.

LAND OF THE FREE? MAGAs TAKE OFF YOUR BLINDERS

The MAGA cult yearns to be free. Don't tread on me. So their predecessors voted for Reagan and his progeny of would-be oligarchs and helped widen the chasm between haves and have-nots. 

Then, the MAGAs sign up with the flim-flam fascist autocrat and would-be dictator, choosing to remain slaves to him and his profiteers. Yes, they don't know what is good for them. Actually, they are brainwashed with the dogma that preaches there is a god, a scripture to be followed, and a messiah to be worshipped. Now, where did that come from?

Yes, half of Americans are under a spell, indoctrinated by religion with a god who subjugates them, demands their obedience to enslavement, and requires a life of messiah worship. So is it any wonder the unscrupulous take advantage of the gullible masses who believe the Donald will lead them to the promised land. But look. Before their very eyes, only the rich and powerful enjoy the wealth produced by the MAGAs.

This is supposed to be the land of the free. To those who complain about big government and limited opportunities, ask Donald how he plans to improve your life. Be critical and persistent. No platitudes, no worn-out hackneyed phrases, or scapegoating Democrats. Make him be specific, and then grill him on how he intends to get the makings of your better life done. Go ahead. It's your life; press him. Pin him down. He gave money to the rich and ran up the deficit. Ask him why he did that; why didn't you get a chunk of the billions he gave to the billionaires.

You are a great people; your ancestors built this economy with the help of FDR. You can do it again. Start by throwing out the money changers. Jesus did, or so it is reported. You can break the shackles of enslavement to the billionaire offshore money hoarders. Get back your share.  At long last, you deserve it.

And you can be free. All you have to do is declare it so at the ballot box. Any vote other than Donald and his ilk is a vote for your freedom.

THE IMPORTANCE OF FAR 52.301

Have you heard of the last FAR Part? Most have not. So, what is it?

It may be the most important but overlooked part of the FAR.

It is a 31-page fine print matrix of solicitation provisions and contract clauses. 

The best use of AI by the government and contractors is to ask for help identifying which solicitation provisions and contract clauses belong in which solicitation and contact. The matrix lists all the provisions and clauses and tells you when its use is required, required when applicable, and optional. The matrix then applies these criteria for each provision or clause to twenty types of procurement vehicles. 

The importance of getting the solicitation provisions and contract clauses right cannot be overstated. And AI should immensely help the government's and the contractor's obligations to follow the rules.

AI FALLOUT (1)

According to the rules of contract interpretation, an exception to contra proferentem applies if the ambiguity is patent rather than latent. States Roofing Corp. v. Winter, 587 F.3d 1364, 1372 (Fed. Cir. 2009). A “patent ambiguity” is “obvious, gross, glaring, so that plaintiff contractor had a duty to inquire about it at the start.” Id. (quoting H & M Moving, Inc. v. United States, 499 F.2d 660, 671 (Ct. Cl. 1974). 

Where the ambiguity is patent, the non-drafting party must inquire, and a failure to do so will result in the ambiguity being resolved against it. Id. Where the ambiguity is not glaring or obvious, no patent ambiguity exists. Id. The bar to proving patent ambiguity is necessarily high. Metro Mach. DBA Gen. Dynamics Nassco-Norfolk, ASBCA No. 61817, 20-1 BCA. ¶ 37,633 at 182,717 (quoting LAI Services, Inc. v. Gates, 573 F.3d 1306, 1315-16 (Fed. Cir. 2009). 

Contractors are not required to seek clarification of “any and all ambiguities, doubts, or possible differences in interpretation.” States Roofing Corp. v. Winter, 587 F.3d 1364,1372 (quoting WPC Enters., Inc. v. United States, 323 F.2d 874, 877 (Ct. Cl. 1963)). Contractors “are not expected to exercise clairvoyance in spotting hidden ambiguities in the bid documents, and they are protected if they innocently construe in their own favor an ambiguity equally susceptible to another construction . . . .” Blount Bros. Const. Co. v. United States, 346 F.2d 962, 973 (Ct. Cl. 1965). “[T]he basic precept is that ambiguities in contracts drawn by the Government are construed against the drafter.” Id. 

Here is the issue. AI gives the contractor the ability to spot hidden ambiguities. In fact, AI provides the contractor with an almost perfect report on the problems, which allocates the risk of obscurity to the contractor. At least, that is an argument the government is likely to make. 

This raises other questions. Is a contractor reasonably required to use AI in bidding on government contracts? If so, which program? What are the recognized exceptions to the requirement to use AI? Will the judicial tribunals effectively cede their total control over interpretation issues to AI? If not, will they defer to AI at all?

AI will influence the rules of contract interpretation and the allocation of risk on solicitation and contract errors, conflicts, omissions, and inconsistencies. The issue will arise regarding whether the contractor faces a greater risk of responsibility for defects in the government-drafted documents. It is the government's responsibility to use AI to prevent defects; therefore, all risks must be allocated to the government. In other words, failure to use AI would automatically assign responsibility for defects to the government.