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ABA ethics opinion addresses jury selection discrimination from consultants and AI technology

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ABA ethics opinion addresses jury selection discrimination from consultants and AI technology

When using peremptory challenges, lawyers should not strike jurors based on discrimination, according to an ethics opinion by the ABA’s Standing Committee on Ethics and Professional Responsibility. (Image from Shutterstock)

When using peremptory challenges, lawyers should not strike jurors based on discrimination, according to an ethics opinion by the ABA’s Standing Committee on Ethics and Professional Responsibility.

That also applies to client directives, as well as guidance from jury consultants or AI software, according to Formal Opinion 517, published Wednesday.

Such conduct violates Model Rule 8.4(g), which prohibits harassment and discrimination in the practice of law based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.”

A lawyer does not violate Rule 8.4(g) by exercising peremptory challenges on a discriminatory basis where not forbidden by other law, according to the opinion.

The U.S. Supreme Court explained such conduct violates the Equal Protection Clause of the 14th Amendment in Batson v. Kentucky (1986) and J.E.B. v. Alabama ex rel. T.B. (1994). In Batson, a lawyer struck a series of Black jurors in a criminal trial. In J.E.B., a lawyer struck a series of males in a paternity child support action.

The ethics opinion addresses when a Batson-type violation also constitutes professional misconduct under Rule 8.4(g).

Seemingly, if a lawyer commits such a violation, the lawyer also runs afoul of Rule 8.4(g). After all, in both settings the lawyer has engaged in a form of racial discrimination.

“Striking prospective jurors on discriminatory bases in violation of substantive law governing juror selection is not legitimate advocacy. Conduct that has been declared illegal by the courts or a legislature cannot constitute “legitimate advocacy,” the ethics opinion states.

However, Comment [5] to the model rule provides that a trial judge finding a Batson violation alone does not establish running afoul of 8.4.

The comment, according to the ethics opinion, gives “guidance on the evidentiary burden in a disciplinary proceeding.”

For example, in a disciplinary hearing a lawyer may be able to offer “a more fulsome explanation” for why they struck certain jurors. Furthermore, there is a “higher burden of proof” in lawyer discipline proceedings.

The ethics opinion also explains that a lawyer violates Rule 8.4(g) only if they know or reasonably should have known that the exercise of the peremptory challenges were unlawful. The lawyer may genuinely believe they had legitimate, nondiscriminatory reasons for striking certain jurors—such as their age, whether they paid attention during the jury selection process or something else.

According to the opinion, the question then centers on “whether ‘a lawyer of reasonable prudence and competence’ would have known that the challenges were impermissible.”

Also, the opinion addresses the difficult question of what if a client or jury consultant offers nondiscriminatory reasons for striking certain jurors and the lawyer follows such advice. Here, a reasonably competent and prudent lawyer should know whether the client or jury consultant’s reasons were pretextual or were legitimate.

Additionally, the opinion addresses a scenario where an AI-generated program ranks prospective jurors and applies those rankings, unknown to the lawyer, in a discriminatory manner. Lawyers should use “due diligence to acquire a general understanding of the methodology employed by the juror selection program,” the opinion states.

A July 9 ABA press release is here.





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Tesla Shareholders to Vote on Potential Investment in Musk’s AI Startup xAI

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Tesla shareholders will soon decide whether the company should invest in Elon Musk’s artificial intelligence company, xAI. According to Tesla’s annual proxy statement, a shareholder proposal will put the question to a vote at the November 6 meeting . Bloomberg reports that xAI merged with Musk’s social media company, X, earlier this year, and that SpaceX committed $2 billion as part of a $5 billion equity fundraising round. This funding underscores the existing financial ties among Musk’s enterprises.

This vote occurs amid mounting pressure on Tesla as vehicle sales weaken and its Robotaxi rollout progresses slowly. The board has taken a neutral stance on the proposal, foregoing its usual recommendation to support or oppose shareholder-led items. The outcome may influence whether Tesla deepens its involvement in AI and robotics through alignment with xAI’s technology and strategy.

Tesla shareholders will cast votes at the November 6 annual meeting on whether to authorize the company to invest in Elon Musk’s artificial intelligence startup, xAI. The investment proposal originates from a shareholder submission, which the company will include in its proxy materials after receiving multiple proper requests. (Tesla will include one properly submitted proposal on each topic in its proxy statement). Tesla’s board has taken a neutral stance, declining to recommend either for or against the proposal.

Broader Context:

Questions about Elon Musk’s expanding influence over Tesla have drawn renewed scrutiny amid the xAI investment proposal. Corporate governance experts cite potential conflicts of interest arising from Musk’s dual role as Tesla CEO and xAI founder. Some investors have expressed concerns that resources and talent may be diverted from Tesla to xAI, risking dilution of focus at the automaker.

Shareholder pressure has intensified amid Tesla’s recent performance challenges. The company faces a notable drop in vehicle deliveries and delays in its robotaxi programme, highlighting the urgency of strategic clarity. At the same time, Musk’s proposed compensation package, potentially worth up to US $1 trillion, would significantly increase his influence over Tesla’s direction. Critics argue the scale raises serious governance risks.

In this light, the vote on investing in xAI becomes a measure of how shareholders view Musk’s multifaceted role and the balance between strategic ambition and fiduciary responsibility.

What to Watch Ahead of the Vote

Investors will observe whether the proposal gains sufficient support when Tesla shareholders cast their votes on November 6. Close attention will fall on shareholder sentiment regarding potential conflicts of interest, given Elon Musk’s leadership roles at both Tesla and xAI. Analysts will also monitor media and investor reactions leading up to the vote to assess whether the proposal is seen as a strategic opportunity or a governance risk. The result may signal how shareholders balance innovation aspirations with oversight concerns.

Final Take

The upcoming vote on investing in xAI serves as a critical crossroads for Tesla’s identity and governance. On one hand, closer alignment with xAI may support Tesla’s push into AI and robotics. On the other hand, the move raises concerns about shareholder oversight. Elon Musk’s influence across multiple companies, including his history of reallocating resources, such as GPUs, from Tesla to xAI, illustrates the blurred boundaries within his business network 

Meanwhile, Tesla’s board has proposed a compensation package that could award Musk up to US $1 trillion in stock if ambitious targets are met, increasing his control notably. Together these developments suggest a moment of reckoning. Shareholders must balance the potential gains from AI and robotics against legitimate governance concerns at one of the world’s most closely held public companies.



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Technology Veteran Bill Townsend Releases Shocking New Book About AI: Machine Rule is a Novel About the Future, Written from the Perspective of Artificial Intelligence

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Los Angeles, CA, September 06, 2025 –(PR.com)– Machine Rule, the newest book from Bill Townsend, is a novel about the future, written from the perspective of artificial intelligence. From the birth of AI to humans’ empowerment of AI’s sentience to how AI begins to control human pleasure, takes over government and corporations, and, ultimately, decides humanity cannot be trusted, Machine Rule presents an optimistic, then terrifying look at where AI may take humanity.

Townsend, a figure in the Internet and technology industries since 1995, Machine Rule was written based on his years of use of machine learning and artificial intelligence and his concern that a mad race to AI market dominance may do more than dominate humans; it may destroy us.

Machine Rule delivers a chilling and visionary tale told through the voice of an AI that evolves from silent computation to planetary stewardship. With cold precision and unsettling clarity, this AI chronicles humanity’s triumphs, failures, and eventual obsolescence. There are echoes here of classic dystopias—George Orwell, Aldous Huxley, even Isaac Asimov—but Townsend’s approach is fresh. The world isn’t ruined by malice or greed, but by the inexorable logic of optimization.

Machine Rule is available in paperback, Kindle, ePub, and audiobook on Amazon and MachineRule.ai. ISBN-13: 979-8218771287.

About the author:
Bill Townsend is a serial entrepreneur who has launched more than a dozen companies and helped build several top Internet companies, most notably search engine Lycos, social networking pioneer sixdegrees.com, whose intellectual property powers LinkedIn, GeoCities (sold to Yahoo!) and Deja (sold to Google). He is currently President & CEO of Ontheline Corporation, developers of an all-in-one super app. Since 2000, he has served as chairman of Amati Foundation, a non-profit dedicated to expanding access to stringed musical instruments.

https://machinerule.ai/



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AI algorithms can detect vision problems years before they actually appear, says ZEISS India

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Artificial intelligence (AI) algorithms and other deep-technologies can help detect vision problems years before even any traces of their symptoms appear and therefore future of eye care and maintaining good eyesight would significantly rely on predictive and preventive innovations driven by robotics, GenAI and deep-tech, said ZEISS India, a subsidiary Carl Zeiss AG, the German optics, opto-electronics, and medical technology company.

Traditionally, eye scans relied heavily on human analysis and significant efforts required to analyse huge volumes of data. “However, AI proposes to aid clinical community with its ability to analyse huge volumes of data with high accuracy and helps detect anomalies at early stages of disease onset and thereby solving one of the biggest challenges in eye care, late detention, seen in emerging economies, including India,” Dipu Bose, Head, Medical Technology, ZEISS India and Neighbouring Markets told The Hindu.

For example, he said, conditions like diabetic retinopathy, glaucoma, or macular degeneration often begin with subtle changes in the retina. AI would be able to catch early indicators (even traces of these) years before the patients become aware of having any symptoms and take timely action to prevent irreversible blindness.

According to Mr. Bose, AI, as a well-trained partner, would be able to analyse thousands of eye images in seconds, with high degree of accuracy. It learns patterns by analysing massive datasets of eye scans and medical records, and it becomes smart enough to spot the tiniest changes/things that the human eye might miss.

Future innovation would rely significantly on predictive and preventive innovations for eye care, where technology would play an essential role in formulating solutions that would allow for earlier detection, more accurate diagnoses, and tailored treatments, he forcast adding Indian eyecare professionals were increasingly adopting new age technologies to ensure better patient outcomes. As a result, AI, Gen AI, robotics and deeptech were causing a significant shift in clinical outcomes, he observed.

“This is precisely why we call it preventive blindness. In India, this is becoming increasingly relevant as the majority of the population do not go for regular eye check-ups and they visit an eye doctor only when their vision is already affected,” Mr. Bose said.

Early intervention would lead to better outcomes: reduce inefficiencies and reduced healthcare costs, he said. “ZEISS contributes to this by advancing medical technologies for diagnosis, surgical interventions, and visualization, ultimately improving patient outcomes and quality of life,” he claimed.

For instance, ZEISS Surgery Optimiser App, an AI-powered tool that allows young surgeons to learn from uploaded and segmented surgery videos of experienced cataract surgeons. Similarly, in diagnostics, ZEISS is also leveraging AI through the Pathfinder solution, an integrated deep learning and AI-based support tool. These technologies can support eye care professionals in making data-driven decisions by visualising and analysing clinical workflows. They leverage real-time surgical data to help young clinicians identify variations, optimise surgical steps, and improve procedural consistency.

“These insight-driven technologies are expected to help bridge experience gaps, improve surgical confidence, and ultimately enhance patient outcomes across the country,” Mr. Bose anticipated.

However, he added, tackling unmet needs and ensuring early diagnosis of diseases would require a fundamental shift: from reactive care to proactive and precision-driven eye-care. “This means leveraging technology not just to treat but to predict, prevent, and personalise patient care before even the symptoms of the disease show up,” he further said.

The eye-tech market is growing in India. The ophthalmic devices market was $943.8 million in 2024 and is expected to reach $1.54 billion by 2033, growing at 5.23% CAGR. The global eye-tech market was valued at approximately $74.67 billion in 2024 and is projected to reach $110.33 billion by 2030 at a CAGR of 6.9%.

Published – September 06, 2025 11:21 am IST



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