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25 Duke L. & Tech. Rev. 1 (2024-2025)

handle is hein.journals/dltr25 and id is 1 raw text is: 










                         TRIBES AND AI:
      POSSIBILITIES FOR TRIBAL SOVEREIGNTY


                             ADAM  CREPELLET

                               ABSTRACT

    Artificial Intelligence (AI) has permeated every facet of modern
    existence. Governments across the globe are exploring its applications
    and attempting to establish regulatory frameworks. Numerous scholars
    have proffered recommendations for governing AI at the local, national,
    and international levels. However, as is often the case, Indian tribes have
    been neglected in AI policy discussions. This oversight is significant
    because the 574federally recognized tribes are sovereigns with their own
    judicial, education, and healthcare systems. Due to their relatively small
    populations and geographic isolation, tribes stand to benefit significantly
    from the services AI can perform. Moreover, tribes are uniquely well-
    suited to implement Al This is the first law review article dedicated to
    exploring how AI can enhance tribal sovereignty.
    This article begins with a history of tribal sovereignty and then provides
    an overview of AL  Subsequent sections delve into the ways AI can
    augment   tribal legal  systems,  healthcare, education,  cultural
    preservation endeavors, economic  development, and  administrative
    capacity. By illuminating the intersection of AI and tribal sovereignty,
    this article seeks to foster a more inclusive discussion of AL

                             INTRODUCTION
       Artificial intelligence (AI) is rapidly infiltrating every aspect of society.
Anyone  with a smart phone and Internet connection can access it. Once a person
accesses Al, the possibilities are virtually limitless.1 Governments are struggling
to find ways to regulate Al. Congress has proposed the Creating Resources for
Every American To Experiment with Artificial Intelligence Act of 2023,2 and the
White House  has proposed an Al Bill of Rights.3 States have passed numerous

? Assistant Professor, Loyola University Chicago School of Law.
1 See generally HENRY A. KISSINGER, ERIC SCHMIDT, & DANIEL HUTTENLOCHER, THE
AGE  OF AI: AND OUR  HUMAN  FUTURE  (2022); MUSTAFA SULEYMAN   & MICHAEL
BHASKAR,  THE  COMING  WAVE:  TECHNOLOGY,   POWER, AND  THE  TWENTY-FIRST
CENTURY'S GREATEST DILEMMA  (2023).
2 Creating Resources for Every American To Experiment with Artificial Intelligence Act
of 2023, S. 2714, 118th Cong. (2023); Creating Resources for Every American To
Experiment with Artificial Intelligence Act of 2023, H.R. 5077, 118th Cong. (2023).
3 WHITE HOUSE OFF. OF SCI. & TECH. POL'Y, BLUEPRINT FOR AN AI BILL OF RIGHTS:
MAKING   AUTOMATED SYSTEMS WORK FOR THE AMERICAN PEOPLE (2022),