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Originally published in: Intellectual Property and Technology Law Journal, Vol. 24(2), 251-294 (2020).Artificial Intelligence (“AI”) is already being employed to make critical legal decisions in many countries all over the world. The use of AI in decision-making is a widely debated issue due to allegations of bias, opacity, and lack of accountability. For many, algorithmic decision-making seems obscure, inscrutable, or virtually dystopic. Like in Kafka’s The Trial, the decision-makers are anonymous and cannot be challenged in a discursive manner. This article addresses the question of how AI technology can be used for legal decisionmaking and decision-support without appearing Kafkaesque.First, two types of machine learning algorithms are outlined: both Decision Trees and Artificial Neural Networks are commonly used in decision-making software. The real-world use of those technologies is shown on a few examples. Three types of use-cases are identified, depending on how directly humans are influenced by the decision. To establish criteria for evaluating the use of AI in decision-making, machine ethics, the theory of procedural justice, the rule of law, and the principles of due process are consulted. Subsequently, transparency, fairness, accountability, the right to be heard and the right to notice, as well as dignity and respect are discussed. Furthermore, possible safeguards and potential solutions to tackle existing problems are presented. In conclusion, AI rendering decisions on humans does not have to be Kafkaesque. Many solutions and approaches offer possibilities to not only ameliorate the downsides of current AI technologies, but to enrich and enhance the legal system.

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This is a condensation of the same authors' Research Handbook on the Law of Artificial Intelligence (2018), which presents legal issues arising from the advent of artificial intelligence (AI) to a broad audience. Barfield and Pagallo wrote this abridged version to offer an easily accessible introduction to law and AI for law students, legal practitioners and non-legal experts.AI is pervading business as well as our social and private lives -up to the point where we interact with some form of AI daily. These systems are becoming increasingly smart, and we must deal with the consequences of their incremental autonomy. Our legal systems are not yet equipped to handle these novel challenges and are in need of new and innovative regulatory strategies.The authors start with a brief account of the fundamental concepts of AI to introduce lawyers to the subject matter. Subsequently, they explain relevant legal notions and legal situations in a comprehensible manner for both law students and non-lawyers. They present a concise overview of human rights frameworks and constitutional law, although their emphasis is on business-related law (data protection, intellectual property, antitrust and business law). In doing so, they analyse EU and US law comparatively, which provides valuable insights for law students into other legal systems as well as a felicitous approach to discussion of different regulatory strategies.