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Duquesne Law Review DUQUESNE LAW REVIEW ARTIFICIAL INTELLIGENCE: THINKING ABOUT LAW, LAW PRACTICE, AND LEGAL EDUCATION FOREWORD Jan M. Levine SYMPOSIUM ARTICLES THE GHOST IN THE MACHINE: ARTIFICIAL INTELLIGENCE Emily Janoski-Haehlen & IN LAW SCHOOLS Sarah Starnes THE AUTOMATION OF LEGAL REASONING: CUSTOMIZED AI TECHNIQUES FOR THE PATENT FIELD Dean Alderucci MIND THE GAP: TECHNOLOGY AS A LIFELINE FOR PRO SE CHILD CUSTODY APPEALS Katherine L.W. Norton AI REPORT: HUMANITY IS DOOMED. SEND LAWYERS, Ashley M. London & GUNS, AND MONEY! James B. Schreiber MURRAY EXCELLENCE IN SCHOLARSHIP LECTURE James Forman Jr. STUDENT ARTICLES SAVING THE ELECTRONIC PERSON FROM DIGITAL ASSAULT: THE CASE FOR MORE ROBUST PROTECTIONS OVER OUR ELECTRONIC MEDICAL RECORDS Danielle M. Mrdjenovich THE GUTTING OF THE PEER REVIEW PROTECTION ACT: HOW REGINELLI V. BOGGS WEAKENED THE PROTECTION OF MEDICAL PEER REVIEW IN PENNSYLVANIA AND WHY THE GENERAL ASSEMBLY MUST ACT TO RESTORE THAT PROTECTION Samuel C. Nolan “GRANDFAMILIES” AMID THE OPIOID CRISIS: AN INCREASING REASON TO UPDATE PENNSYLVANIA’S OUTDATED INTESTACY LAWS Joanne L. Parise ILLEGITIMATE MEDICAL PURPOSE: RESOLVING THE FUNDAMENTAL FLAW IN CRIMINAL PROSECUTIONS INVOLVING PHYSICIANS CHARGED WITH OVERPRESCRIBING PRESCRIPTION OPIOIDS Jacob C. Hanley VOLUME 58, NUMBER 1 WINTER 2020 Duquesne Law Review Volume 58, Number 1, Winter 2020 © DUQUESNE UNIVERSITY, 2019-2020 Artificial Intelligence: Thinking About Law, Law Practice, and Legal Education Foreword Jan M. Levine................................................................................................................. 1 Symposium Articles THE GHOST IN THE MACHINE: ARTIFICIAL INTELLIGENCE IN LAW SCHOOLS Emily Janoski-Haehlen & Sarah Starnes .................................................................... 3 THE AUTOMATION OF LEGAL REASONING: CUSTOMIZED AI TECHNIQUES FOR THE PATENT FIELD Dean Alderucci............................................................................................................. 50 MIND THE GAP: TECHNOLOGY AS A LIFELINE FOR PRO SE CHILD CUSTODY APPEALS Katherine L.W. Norton................................................................................................. 82 AI REPORT: HUMANITY IS DOOMED. SEND LAWYERS, GUNS, AND MONEY Ashley M. London & James B. Schreiber.................................................................... 97 Murray Lecture Series MURRAY EXCELLENCE IN SCHOLARSHIP LECTURE James Forman Jr....................................................................................................... 131 Student Articles SAVING THE ELECTRONIC PERSON FROM DIGITAL ASSAULT: THE CASE FOR MORE ROBUST PROTECTIONS OVER OUR ELECTRONIC MEDICAL RECORDS Danielle M. Mrdjenovich ........................................................................................... 146 THE GUTTING OF THE PEER REVIEW PROTECTION ACT: HOW REGINELLI V. BOGGS WEAKENED THE PROTECTION OF MEDICAL PEER REVIEW IN PENNSYLVANIA AND WHY THE GENERAL ASSEMBLY MUST ACT TO RESTORE THAT PROTECTION Samuel C. Nolan........................................................................................................ 175 “GRANDFAMILIES” AMID THE OPIOID CRISIS: AN INCREASING REASON TO UPDATE PENNSYLVANIA’S OUTDATED INTESTACY LAWS Joanne L. Parise ........................................................................................................ 202 ILLEGITIMATE MEDICAL PURPOSE: RESOLVING THE FUNDAMENTAL FLAW IN CRIMINAL PROSECUTIONS INVOLVING PHYSICIANS CHARGED WITH OVERPRESCRIBING PRESCRIPTION OPIOIDS Jacob C. Hanley ......................................................................................................... 229 Duquesne Law Review is published in Pittsburgh, Pennsylvania. Correspondence may be addressed to: Duquesne Law Review, Duquesne University School of Law, 600 Forbes Av- enue, Pittsburgh, Pennsylvania 15282. The subscription price is $30.00 per volume. Subscription inquiries should be addressed to the attention of the Business Manager. Subscriptions will be cancelled only after the entire volume for which the subscription has been entered is printed and delivered. Subscriptions are automatically renewed unless otherwise stipulated. Subscribers should report non-re- ceipt of an issue within six months of its mailing. After six months, replacement issues will not be provided free of charge. This issue is available from Duquesne Law Review at $10.00 per copy for three years from its initial printing. Archived issues are available through William S. Hein & Co., Inc., 2350 North Forest Road, Getzville, New York 14068, at $18.00 per copy. Back issues can also be found in electronic format on HeinOnline, http://heinonline.org/. Citations conform to THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (Columbia Law Re- view Ass’n et al. eds., 20th ed. 2015). Readers are invited to submit manuscripts for possible publication. Manuscripts should be addressed to the attention of the Executive Articles Ed- itors. Readers are also invited to submit letters to the Editor in response to the works con- tained herein. Letters to the Editor should be addressed to the attention of the Editor-in- Chief. Views expressed in writings published in Duquesne Law Review are to be attributed solely to the authors thereof and not to Duquesne Law Review, its editors, Duquesne University School of Law, or Duquesne University. When the authors of writings published herein are known by Duquesne Law Review to have other than a scholarly interest in their writings, that fact will be noted in a footnote at the beginning of the article. Duquesne Law Review Volume 58 EDITORIAL BOARD Editor-in-Chief DANIELLE MRDJENOVICH Executive Editor JACOB HANLEY Executive Articles Editors Executive Student Articles Editors CASSANDRA BOYER GERARD HORNBY CHRISTOPHER WINKLER ALANA STANISZEWSKI Production Editors Associate Editors Business Manager ANGELA CAPELETY KATHRYN FLYNN CARRIE GARRISON AMANDA SCHIAVO SAMANTHA HANSON SERENA TAMBURRINO BRIDGET KEARNEY Resource Manager ZACHARY MAZZARELLA JOANNE PARISE SAMUEL NOLAN PAIGE THOMAS SENIOR STAFF EDITORS ELIZABETH BECKER MICHAEL MACIARELLO MARK STEVENS JULIANNE GRAZIANO MARIAH MANDY AMBER VALA BRIANNA HOLLICK TRICIA MARTINO LYDIA WARDI JOSEPH LEWIS OLUWASEYI ODUNAIYA JOSHUA WINTERS MADELINE SHEERER JUNIOR STAFF EDITORS KYLE BAICKER-MCKEE HANNAH FRENCH EMILY PEFFER JESSICA BARNES GINGER GLASS SETH PENNER CARA BRACK KAYLA HUSTON RACHEL PRESSDEE DIANA BRUCE ALEXANDRIA IWANENKO LARISSA SAPONE SAMANTHA COOK NOAH KEYS COREY SAUER CASSIDY DECOSMO STANLEY MARCINIAK III JULIA SIRACUSE KATHERYN DUMAIS ALICIA MARSH PAIGE TAMECKI DAKOTA FORSYTH MADISON MIRANDA ANALIJA ZAMPOGNA ALYSSA MURSCH Published by the students of the Duquesne School of Law Member, National Association of Law Reviews DUQUESNE UNIVERSITY SCHOOL OF LAW 2019–2020 Administration RONA KAUFMAN, B.A., J.D., LL.M. APRIL M. BARTON, B.S., J.D. Associate Professor of Law Dean ROBERT F. KRAVETZ, B.A., J.D. ELLA A. KWISNEK, B.A., J.D., M.S.Ed. Assistant Professor of Law Associate Dean for Students and ELLA A. KWISNEK, B.A., J.D., M.S.Ed. Assistant Professor Associate Dean for Students and FRANK Y. LIU, LL.B., M.C.J., M.L.S. Assistant Professor Associate Dean for Legal Programs, BRUCE S. LEDEWITZ, B.S.F.S., J.D. Director of the Center for Legal Professor of Law Information, and Professor of Law JAN M. LEVINE, B.A., J.D. JANE CAMPBELL MORIARTY, B.A., J.D. Director of Legal Research and Writing Associate Dean for Faculty and Professor of Law Scholarship, Carol Los Mansmann FRANK Y. LIU, LL.B., M.C.J., M.L.S. Chair in Faculty Scholarship, and Associate Dean for Legal Programs, Professor of Law Director of the Center for Legal WESLEY M. OLIVER, B.A., J.D., LL.M., Information, and Professor of Law J.S.D. ASHLEY LONDON, B.A., J.D. Associate Dean for Academic Affairs, Associate Director of Bar Studies and Director of Criminal Justice Program, Assistant Professor of Legal Skills and Professor of Law EMILE LOZA DE SILES, B.S., M.B.A., J.D. TARA WILLKE, B.A., J.D. Assistant Professor of Law Associate Dean for Strategy, and AGNIESZKA MCPEAK, B.A., J.D. Administration, and Associate Associate Professor of Law Professor of Law JOSEPH SABINO MISTICK, B.A., J.D. Associate Professor of Law JANE CAMPBELL MORIARTY, B.A., J.D. Full-Time Faculty Associate Dean for Faculty STEVEN BAICKER-MCKEE, B.A., J.D. Scholarship, Carol Los Mansmann Professor of Law Chair in Faculty Scholarship, and PABLO ECHEVERRI, B.A., J.D. Professor of Law Assistant Professor of Law KATHERINE NORTON, B.S., J.D. RICHARD GAFFNEY Jr., B.A., M.B.A., Director of Clinical and International J.D. Programs and Assistant Professor of Director of Bar Services and Assistant Clinical Legal Education Professor of Clinical Legal Skills WESLEY OLIVER, B.A., J.D., LL.M., AMAN GEBRU, S.J.D., LL.M., LL.B., J.S.D. Assistant Professor of Law Associate Dean for Academic Affairs, KENNETH G. GORMLEY, B.A., J.D. Director of Criminal Justice Program, Duquesne University President and and Professor of Law Professor of Law SETH C. ORANBURG, B.A., J.D. RHONDA GAY HARTMAN, B.A., J.D. Assistant Professor of Law Assistant Professor of Law RICHARD HEPPNER, B.A., M.A., Ph.D, GRACE W. ORSATTI, B.S., J.D. J.D. Externship and Pro Bono Director and Assistant Professor of Law Assistant Professor of Clinical Legal MARYANN HERMAN, B.A., J.D. Education Director of Academic Excellence and JOHN T. RAGO, B.A., J.D. Assistant Professor of Clinical Legal Associate Professor of Law Skills ANN L. SCHIAVONE, B.A., J.D. WILSON R. HUHN, B.A., J.D. Associate Professor of Law Professor of Law TIFFANY
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