We Shouldn’t Just Compete With China’s Artificial Intelligence, We Should Promote The Development Of Actual Intelligence – Above the Law

As
it
is
wont
to
do,
the
stock
market
got
out
a
bit
ahead
of
its
skis
in
this
whole
artificial
intelligence
craze.
When
Chinese
artificial
intelligence
developer

DeepSeek
released
its
latest
AI
model
,
R1,
with
claims
that
it
could
match
the
performance
of
OpenAI’s
platforms
at
a
fraction
of
the
cost,
American
tech
stocks
plummeted.

Indeed,
China
has
been
pouring
resources
into
the
artificial
intelligence
race.
In
late
January
alone,
the
country
established
a
60
billion
yuan
($8.2
billion)
AI
investment
fund.

Nothing’s
wrong
with
a
little
healthy
(peaceful)
technological
competition
among
nations,
and
AI
is
becoming
a
useful
tool
in
everything
from

helping
doctors
more
accurately
diagnose
cancer

to
ensuring
that
schoolchildren
never
have
to
learn
how
to
write.
Yet,
we’ve
all
gotten
too
excited
about
the
promise
of
this
technology
without
pausing
for
a
moment
to
remember
that
its
current
iteration
is
still
pretty
bad.

Read
an
article
written
by
AI.
The
outlets
unethical
enough
to
use
them
are
often
unethical
enough
not
to
label
them,
but
you
can
tell
right
away
because
they
are
riddled
with
nonsensical
syntax
and
factual
inaccuracies.
When
it’s
trying
to
write
anything
at
all
complex,
AI
just
plasters
over
gaps
it
can’t
otherwise
fill
with
lies.
ChatGPT

came
out
in
2022
.
It’s
definitely
gotten
better
since
then.
Improvements
aside,
after
nearly
three
years
of
development
it’s
not
anywhere
close
to
being
able
to
fully
replace
a
well-educated
human.

I
have
no
doubt
that
someday
AI
will
permeate
the
economy.
For
now,
though,
and
for
a
long
time,
it’s
going
to
be
limited
to
making
certain
things
marginally
easier
for
certain
people.
Frequently
this
is
a
good
thing,
like
when
it
helps
a
medical
professional
find
a
cancerous
growth
earlier
or
when
it
saves
someone
a
few
thousand
dollars
that
they’d
otherwise
have
to
pay
a
lawyer
to
dig
through
a
pile
of
documents.
And
frequently
it’s
a
bad
thing,
like
when
it
prevents
an
entire
generation
from
learning
how
to
think.

Some
things
are
supposed
to
be
hard.
I
taught
legal
writing
for
three
years.
That
class
was
not
about
teaching
future
lawyers
to
write
beautifully
(well,
it
was
only
partially
about
that,
I
admit
it
was
very
satisfying
to
see
the
students’
writing
from
the
start
of
fall
semester
to
the
end
of
spring
semester
become
increasing
more
eloquent).
The
vast
majority
of
lawyers
will
never,
in
their
actual
legal
careers,
need
to
do
the
kind
of
writing
I
taught
in
that
class,
given
that
most
lawyers,
rather
than
writing
persuasive
briefs
for
use
in
litigation,
will
be
drafting
wills
and
trusts,
shepherding
real
estate
deals
along,
advising
corporate
clients,
or
doing
any
of
the
million
other
things
lawyers
do
that
is
not
litigation
writing.
The
class
was
still
important
though
because
learning
how
to
explain
something
very
complex
in
writing
will
train
you
to
be
able
to
think
about
such
things
much
more
functionally
than
hearing
or
even
reading
about
the
same
thing
ever
will.

Even
at
a
young
age

maybe
especially
at
a
young
age

people
need
to

learn
how
to
write
to
learn

how
to
think.
Whether
any
given
individual
ever
intends
to
or
ever
does
directly
make
a
penny
from
writing
anything,
this
is
not
something
we
should
outsource
to
the
machines.

Investing
further
in
artificial
intelligence
is
fine.
We
should
keep
doing
that,
and
keep
trying
to
stay
ahead
of
China
in
the
AI
race.
But
what
if
we
also
funded
a
huge
national
reserve
of
actual
intelligence?

Consider
how
much
better
we’d
be
doing
than
China
on
AI,
and
everything
else,
if
our
population
as
a
whole
could
dramatically
out-think
China’s.
Throwing
money
at
schools

is
not
a
panacea
.
Kids,
and
later
young
adults,
have
to
want
to
learn.

This
would
involve
a
reimagining
of
our
culture,
not
just
in
schools.
It
would
mean
imposing
the
necessarily
harsh
regulations
on
tech
platforms
that
lawmakers
have
been
too
cowardly
to
impose
for
well
over
a
decade,
so
that
maybe
we
wouldn’t
have

almost
a
third
of
our
kids

saying
they
want
to
be
YouTube
stars
when
they
grow
up.
They
could
instead
go
back
to
wanting
to
be
astronauts,
or
even,
fine,
actors.
It
would
mean
parents
parenting
a
lot
more

for
instance,
simply
not
buying
their
children
tablets
and
smartphones,
just
like
how
you
parents
out
there
already
don’t
buy
your
kids
alcohol
or
cigarettes
(I
hope)
no
matter
how
much
they
beg
and
plead.
More
than
anything,
it
would
mean
reimposing
learning
for
learning’s
sake

expending
effort
to
improve
your
mind
with
or
without
an
immediate
material
reward

as
a
cultural
value.
Perhaps
this
could
supplant
the
glorification
of
deliberate
ignorance
as
a
cultural
value.

None
of
that
is
going
to
happen
anytime
soon.
Until
we
decide
as
a
nation
that
developing
actual
intelligence
should
be
just
as
much
of
a
priority
as
developing
artificial
intelligence,
I
don’t
know,
calm
yourself
with
an
episode
of

Ologies
with
Alie
Ward

and
resist
letting
the
machines
seize
your
attention
to
sell
you
more
crap
you
don’t
need.
For
now,
our
collective
deficit
of
thinking
skills
will
keep
being
exploited
to
the
grave
detriment
of
all.




Jonathan
Wolf
is
a
civil
litigator
and
author
of 
Your
Debt-Free
JD



(affiliate
link).
He
has
taught
legal
writing,
written
for
a
wide
variety
of
publications,
and
made
it
both
his
business
and
his
pleasure
to
be
financially
and
scientifically
literate.
Any
views
he
expresses
are
probably
pure
gold,
but
are
nonetheless
solely
his
own
and
should
not
be
attributed
to
any
organization
with
which
he
is
affiliated.
He
wouldn’t
want
to
share
the
credit
anyway.
He
can
be
reached
at 
[email protected].

ABA Takes A Stand Against Trump Administration Probes – Above the Law

Prior
to
the
2024
election,
Trump
administration
hopefuls
had
no
qualms
sharing
plans
to
hunt
down
political
opponents
after
rising
to
power.
Once
they
got
in,
they
quickly
started
making
good
on
those
campaign
promises.
Had
a
hand
in
the
Trump
investigations?

Fired
.
Next
on
the
list
is
hunting
down
anybody
involved
in
DEI.
This
isn’t
metaphorical


there
are
actual
lists
going
around
.
And
government
employees
aren’t
the
only
ones
facing
this
purge;
bar
associations
are
being
investigated
for
their
DEI
involvement.
The

ABA

recently
spoke
out
against
it:

The
American
Bar
Association
urged
the
Trump
administration
to
roll
back
its
executive
order
calling
for
federal
investigations
into
diversity
and
inclusion
efforts
by
bar
associations,
citing
the
groups’
1st
Amendment
rights.

The resolution
adopted
by
the
group
on
Monday
marks
its
first
public
stance
against
the
Jan.
21
executive
order
that
cited
bar
associations
along
with
medical
associations,
publicly
traded
companies
and
other
private-sector
entities
as
potential
targets
for
federal
civil
investigations
into
diversity,
equity
and
inclusion
programs
that
may
“constitute
illegal
discrimination
or
preferences.”

Will

urging

the
Trump
administration
actually
prevent
anything?
Probably
not.
It
isn’t
like
urging
him
to
abide
by
the
Constitution
gave
him
any
hesitancy
when
trying
to
get
rid
of
birthright
citizenship.
Do
you
really
think
the
First
will
fare
any
better
if
it
gets
in
the
way
of
Project
2025’s
goals?
While
we’re
on
the
topic
of
constitutionality,
it
isn’t
like
the
ABA
has
had
the
best
track
record
defending
diversity
after

SFFA
v.
Harvard
.
They
tried
to
have
a
huddle
up
to
redefine
the
importance
of
diversity
in
the
profession

and
the
results
were
lackluster
at
best
.
Is
having
a
stance
better
than
quietly
acquiescing
to
whatever
is
being
asked
of
you?
On
paper
sure,
right
up
until
you
give
them
what
they
wanted
anyway.
The
story
is
still
developing,
but
don’t
hold
your
breath
for
too
long.


ABA
Opposes
Any
DEI
Probes
Into
Bar
Associations

[ABA
Journal]


Earlier:


Enough
With
The
Diversity
‘Consciousness
Raising.’
Let’s
See
Some
Action


ABA
Council
Proposes
Language
Change
To
Nix
‘Diversity’
From
Law
School
Considerations


ABA
Committee
Decides
To
Diversify
Diversity.
It
Should
Come
With
A
Clear
Reason
For
Why
That’s
Important.



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.

400th Episode Spectacular – Above the Law

A
jumbo
sized
episode
this
week
as
Thinking
Like
A
Lawyer
celebrates
its
400th
episode
with
a
look
back
at
some
big
changes
in
law
firms,
law
schools,
and
the
courts
that
have
unfolded
over
its
last
10
years
of
podcasting.
As
a
special
treat,
original
co-host
Elie
Mystal
from
The
Nation
joins
the
gang
to
share
his
thoughts.
He’s
not
particularly
optimistic.

Morning Docket: 02.05.25 – Above the Law

*
New
study
suggests
that
experience
may
not
mean
much
at
the
Supreme
Court.
Almost
as
though
the
justices
reverse
engineer
opinions
to
match
their
preordained
ideological
result.
Weird.
[National
Law
Journal
]

*
Summer
associate
hiring
arms
race
has
gotten
out
of
hand.
[American
Lawyer
]

*
Pam
Bondi
confirmed
as
Attorney
General.

Hide
your
dogs!

[Law360]

*
The
New
Orleans
Saints
are
very
angry
that
a
lawsuit
revealed
emails
disclosing
the
football
team’s
role
in
softening
coverage
of
Catholic
Church
sexual
abuse.
[The
Guardian
]

*
While
Biglaw
struggles
with
return
to
office
policies,
the
Big
4
see
hybrid
work
as
smart
business.
[Bloomberg
Law
News
]

*
Former
Google
engineer
charged
with
stealing
AI
secrets
for
Chinese
companies.
Having
seen
Google
AI
and
DeepSeek,
are
we
sure
he
wasn’t
trying
to
slow
them
down?
[Reuters]

*
Church
vandalized
by
Proud
Boys
wins
control
of
Proud
Boys
trademarks.
[ABA
Journal
]

Live! From The Supreme Court! – Above the Law



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Which
Supreme
Court
justice’s
oath-taking
ceremony
was
the
first
broadcast
live
on
television?


Hint:
The
justice
has
some
other
noteworthy
firsts
to
their
name
as
well.



See
the
answer
on
the
next
page.



Ed.
Note:

Welcome
to
our
daily
feature

Trivia
Question
of
the
Day!


Which
Supreme
Court
justice’s
oath-taking
ceremony
was
the
first
broadcast
live
on
television?


Hint:
The
justice
has
some
other
noteworthy
firsts
to
their
name
as
well.



See
the
answer
on
the
next
page.

New York Attorney General Tish James Takes Big Swing Against Donald Trump’s Transgender Care Executive Order – Above the Law


Regardless
of
the
availability
of
federal
funding,
we
write
to
further
remind
you
of
your
obligations
to
comply
with
New
York
State
laws,
including
those
that
prohibit
discrimination
against
individuals
based
on
their
membership
in
a
protected
class…
Electing
to
refuse
services
to
a
class
of
individuals
based
on
their
protected
status,
such
as
withholding
the
availability
of
services
from
transgender
individuals
based
on
their
gender
identity
or
their
diagnosis
of
gender
dysphoria,
while
offering
such
services
to
cisgender
individuals,
is
discrimination
under
New
York
law.





New
York
Attorney
General
Letitia
James

in
a
letter

to
New
York
hospitals
warning
them
not
to
discontinue
gender
affirming
care
for
transgender
people.
Donald
Trump
recently
signed
an
Executive
Order
threatening
to
cut
funding
and
grants
to
medical
institutions
that
provide
gender
affirming
care
for
anyone
under
19.
As
a
consequence,
hospitals
in
a
number
of
states
have

suspended
transgender
care
.

Trump’s FBI Purge Steps Up A Notch – Above the Law

The
Trump
administration
already
freed
everyone
jailed
over
the
January
6
MAGA-rally-turned-Mike-Pence-assassination-effort
and
has
turned
its
attention
to
purging
the
government
of
anyone
involved
in
prosecuting
the
“very
fine
people”
who
beat
Capitol
police
officers
with
blunt
instruments.
His
loyalists
began
by
firing
career
prosecutors
who
ran
those
cases
and
then
asked
the
FBI
to
turn
over
details
on
all
FBI
employees
who
worked
on
any
of
the
January
6
investigations.

That

turned
out
to
be
over
5000
employees
.
For
reference,
the
FBI
boasts
around
38,000
employees,
so
Trump
is
apparently
looking
to
fire
13
percent
of
the
FBI.
Hopefully
this
trims
at
least
one
of
the
increasingly
redundant
CBS
FBI-colon
shows
(it
won’t
).

Naturally,
some
of
these
FBI
employees
would
rather
not
be
put
on
a
government
enemies
list,
and
they’re

suing
the
Justice
Department
over
it
.
The two lawsuits (so
far
anyway)
argue
that
handing
over
their
names
is
a
naked
prelude
to
a
rash
of
entirely
preordained
retaliatory
firings.
Helpfully,
Acting
Deputy
Attorney
General
Emil
Bove
sent
the
email
seeking
these
names
under
the
subject
line
“Terminations,”
in
case
you
expected
this
administration
to
avoid
a
boneheaded
paper
trail.

At
the
same
time,
the
FBI
Agents
Association,
which
represents
over
14,000
current
and
former
agents,
has

also
gone
to
Congress
asking
for
help
,
which
is
like
depending
on
Wile
E.
Coyote
to
catch
tonight’s
dinner.

A
standard
that
federal
employees
are
better
off
refusing
orders
they
disagree
with
would
backfire
on
Trump
pretty
quickly.
Thankfully,
consistency
isn’t
the
goal
here.
Trump’s
real
goal
isn’t
just
to
fire
these
specific
employees

it’s
to
instill
fear
across
the
Bureau.
He’s
not
opposed
to
politically
motivated
investigations

obviously,

as
his
dingbat
U.S.
Attorney
is
trying
to
spin
Chuck
Schumer
as
issuing
death
threats


he
just
wants
a
police
force
that
understands
that
it
should
look
the
other
way
whenever

his

people
commit
crimes.

On
that
note,
anyone
who
worked
on
the
Epstein
files
might
want
to
dust
off
their
resume
just
in
case.

The
lawsuits
are
just
getting
started,
and
Congress
will
have
to
decide
if
it’s
willing
to
let
the
executive
branch
treat
the
FBI
like
its
personal
security
force.
Either
way,
we’re
about
to
see
whether
career
law
enforcement
officers
get
thrown
under
the
bus
just
for
following
the
evidence.
As
Fox
Mulder
would
say,
“The
Truth
is
Out
There”
but
in
the
modern
FBI
it’s
a
better
career
move
not
to
bother
looking.




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

Helping Hands: The Value Proposition Of Remote Work For Law Firms – Above the Law

After
long
years
of
looking
askance
at
remote
workers,
the
pandemic
forced
law
firm
managers
to
reconsider
that
stance. 

Now,
contractors
(including
virtual
and
offshore
staff)
are
just
as
common
in
the
legal
environment
as
anywhere
else
in
the
modern
economy. 

We
brought
an
expert
in
the
space
onto
the
Non-Eventcast
podcast


Brett
Trembly
,
the
co-founder
and
CEO
of

GetStaffedUp


to
talk
over
how
lawyers
can
make
the
right
choices
about
bringing
on
remote
staff.

We
begin
by
asking
Brett
about
his
founder’s
story

how
GetStaffedUp
came
to
be
(11:24)

which
included
some
additional
anecdotes
about
Brett’s
life
as
a
practicing
lawyer
(8:47). Of
course,
we
had
to
cover
the
impact
of
the
Covid-19
pandemic
on
how
we
got
here
(14:47). 

Next,
we
talk
about
the
difference
between
hiring
U.S.-based
talent
versus
offshoring
(17:24),
before
covering
some
of
the
technology
concerns
that
exist
for
remote
staff
(21:15),
including
the
value
of
cloud-based
software
for
these
arrangements
(24:45). 

Naturally,
we
also
addressed
the
impact
of
AI
on
the
staffing
world
(26:18).
Finally,
Brett
talked
over
the
pricing
associated
with
remote
staffing
(28:01),
before
winding
up
on
a
positive
note,
covering
the
impact
that
offshore
staffing
has
on
the
local
communities
where
staffers
live
(29:54).

If
you’ve
been
thinking
of
adding
offshore,
virtual
staff,
but
can’t
seem
to
pull
the
trigger:
We’ve
got
everything
you
need
to
know
to
help
you
to
make
a
decision. It’s
all
in
this
episode
of
the
Non-Eventcast
podcast.





Jared
Correia
,
a
consultant
and
legal
technology
expert,
is
the
host
of
the
Non-Eventcast,
the
featured
podcast
of
the
Above
the
Law
Non-Event
for
Tech-Perplexed
Lawyers
.