University of Miami School of Law Professor Andres Sawicki will soon publish his co-authored article, “Rewarding Failure,” in the University of Minnesota Journal of Law, Economics, & Organization. Written alongside Alice Guerra and Francesco Parisi, the paper identifies a significant gap in how intellectual property law treats innovation: traditional patent and copyright laws shower rewards on successful inventions, but ignore failed attempts as wasted time and money. Sawicki and his co-authors argue that learning what doesn't work is actually valuable because it stops other inventors from repeating the same expensive mistakes. By exploring tools like research grants and secret-sharing rules, the study shows how society can encourage innovators to share these lessons, helping everyone build better technology faster.
Sawicki, who also serves as Director of Data Ethics and Society at the Frost Institute for Data Science and Computing, continues to apply this forward-thinking lens to the world of emerging technology. As generative AI continues to advance rapidly—passing the bar, solving complex math problems, and creating award-winning art—it also brings profound risks, from deepfakes and security threats to allegations of AI-induced psychosis. To address these emerging challenges, Sawicki and Professor John Newman of the University of Memphis are conducting the first large-scale study of over 100 GenAI companies to document how terms of service quietly dictate the boundaries of AI deployment by legally restricting user behavior.
Reflecting his position at the forefront of the field, Sawicki recently delivered the keynote address at the Nova Law Review Symposium on AI & Law, titled "Navigating Artificial Intelligence: Legal Challenges and Innovations," where he set out to explain why there will be real and durable roles for human lawyers, even in a world of powerful AI.
