The Role of Artificial Intelligence in Legal Scholarship
May 2, 2025, 1:35 pm CDT
Nachman N. Gutowski, a professor at the University of Nevada, Las Vegas, advocates for transparency in AI usage within legal scholarship. (Image from Shutterstock)
Understanding the Integration of AI in Legal Studies
Artificial intelligence (AI) has increasingly permeated various academic disciplines, including law. As technologies like ChatGPT’s Deep Research emerge, scholars are reassessing the implications of integrating AI into legal scholarship while ensuring academic integrity.
Concerns Over Scholarly Authorship
According to Nachman N. Gutowski from the University of Nevada, Las Vegas, the evolving landscape of AI raises critical questions about authorship in scholarly work. His forthcoming article, “Disclosing the Machine: Trends, Policies, and Considerations of Artificial Intelligence Use in Law Review Authorship,” highlights the need for law journals to adapt to these changes.
Current Status of AI Policies in Law Journals
Despite the growing prevalence of AI, many law reviews are still grappling with how to approach its use. Gutowski reveals that his research indicates a significant number of law journals lack formal policies governing AI usage. In a recent survey conducted among ABA-accredited law schools and their journals, he found:
- 68% of respondents did not have a policy regarding AI.
- 16% reported having an existing policy, while another 16% were developing one.
- 56% did not require authors to disclose the use of AI tools.
This lack of consistent engagement implies an uncertainty regarding the implications of AI in legal scholarship.
A ‘Wild West’ Environment
“We’re kind of in the Wild West,” asserts Gutowski, expressing concern over the absence of guidelines in this emerging area. Daniel W. Linna Jr. from Northwestern University echoes this sentiment, noting that his recent publication did not prompt questions about his use of AI in the writing process.
Daniel W. Linna Jr. highlights the lack of scrutiny regarding AI usage in legal publications.
Paving the Way for Future Scholarship
As the use of generative AI continues to expand, figures like Andrew Perlman, Dean of Suffolk University Law School, emphasize its potential contributions to legal research. Perlman authored an article utilizing AI to demonstrate its capabilities in producing scholarly work.
Best Practices for AI Integration
Andrew W. Torrance, Associate Dean at the University of Kansas School of Law, emphasizes rigorous vetting of AI-generated content. His team utilizes AI during the initial stages of article development, but they take great care to ensure factual accuracy through collaborative verification.
He noted the following best practices:
- Conduct thorough background research before involving AI.
- Use AI to refine and organize initial ideas, while remaining aware of its limitations.
- Implement strict fact-checking to avoid inaccuracies or misleading information.
Promoting Transparency in AI Use
Gutowski continues to advocate for transparency in the use of AI in legal scholarship. He argues against overly restrictive regulations and sees the value in crafting thoughtful policies that acknowledge AI’s role in academic work.
As the academic landscape embraces these advancements, the ultimate goal should be to evaluate submitted pieces based on their quality and accuracy rather than the extent of AI involvement.
Conclusion
The landscape of legal scholarship is changing, with AI poised to become a standard component of research and writing processes. As law reviews consider establishing clear policies around AI usage, one thing remains clear: the academic community must prioritize transparency and uphold integrity in the evolving intersection of technology and scholarship.
