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Articles 1 - 27 of 27
Full-Text Articles in Law
Constructing Recidivism Risk, Jessica Eaglin
Constructing Recidivism Risk, Jessica Eaglin
AI-DR Collection
Courts increasingly use actuarial—meaning statistically derived—information about a defendant’s likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct interests that …
Data-Driven Discrimination At Work, Pauline T. Kim
Data-Driven Discrimination At Work, Pauline T. Kim
AI-DR Collection
A data revolution is transforming the workplace. Employers are increasingly relying on algorithms to decide who gets interviewed, hired, or promoted. Although data algorithms can help to avoid biased human decision-making, they also risk introducing new sources of bias. Algorithms built on inaccurate, biased, or unrepresentative data can produce outcomes biased along lines of race, sex, or other protected characteristics. Data mining techniques may cause employment decisions to be based on correlations rather than causal relationships; they may obscure the basis on which employment decisions are made; and they may further exacerbate inequality because error detection is limited and feedback …
Court Transparency And The First Amendment, David S. Ardia
Court Transparency And The First Amendment, David S. Ardia
Faculty Publications
This is a critical time for court transparency because the courts, like so many institutions of government, are in the midst of a transformation from the largely paper-based world of the twentieth century to an interconnected, electronic world where physical and temporal barriers to information are disappearing. Not surprisingly, the shift to electronic access to the courts raises significant privacy concerns. As a result of these and other concerns, a number of courts and legislatures are considering sharply limiting public access to certain court proceedings and records.
Tribute To Professor Jonathan L. Entin: Before There Was Google, There Was Jonathan Entin, William P. Marshall
Tribute To Professor Jonathan L. Entin: Before There Was Google, There Was Jonathan Entin, William P. Marshall
Faculty Publications
No abstract provided.
Venezuela As A Case Study In (Limited) Sovereign Liability, W. Mark C. Weidemaier, Matt Gauthier
Venezuela As A Case Study In (Limited) Sovereign Liability, W. Mark C. Weidemaier, Matt Gauthier
Faculty Publications
No abstract provided.
A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier
A (Very Thin) Market For Sovereign Control, W. Mark C. Weidemaier
Faculty Publications
No abstract provided.
Torrens Title In North Carolina--Maybe A Hundred Years Is Long Enough, John V. Orth
Torrens Title In North Carolina--Maybe A Hundred Years Is Long Enough, John V. Orth
Faculty Publications
No abstract provided.
Surgically Precise But Kinematically Abstract Patent Claims, Andrew Chin
Surgically Precise But Kinematically Abstract Patent Claims, Andrew Chin
Faculty Publications
No abstract provided.
Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick
Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick
Faculty Publications
No abstract provided.
Reverse Passing, Khaled A. Beydoun, Erika K. Wilson
Reverse Passing, Khaled A. Beydoun, Erika K. Wilson
Faculty Publications
No abstract provided.
Reflections On Certification, Interpretation, And The Quest For Fraud That “Counts” Under The False Claims Act, Joan H. Krause
Reflections On Certification, Interpretation, And The Quest For Fraud That “Counts” Under The False Claims Act, Joan H. Krause
Faculty Publications
No abstract provided.
Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning S. Lau
Marriage Equality And Family Diversity: Comparative Perspectives From The United States And South Africa, Holning S. Lau
Faculty Publications
No abstract provided.
The Free Speech Rights Of University Students, Mary-Rose Papandrea
The Free Speech Rights Of University Students, Mary-Rose Papandrea
Faculty Publications
No abstract provided.
In Memoriam: Tribute To Jack Greenberg, Theodore M. Shaw
In Memoriam: Tribute To Jack Greenberg, Theodore M. Shaw
Faculty Publications
No abstract provided.
Court Fines And Fees: Criminalizing Poverty In North Carolina, Heather Hunt, Gene R. Nichol Jr.
Court Fines And Fees: Criminalizing Poverty In North Carolina, Heather Hunt, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
The Great American Dilemma: Law And The Intransigence Of Racism, Erika K. Wilson
The Great American Dilemma: Law And The Intransigence Of Racism, Erika K. Wilson
Faculty Publications
No abstract provided.
Corpus Linguistics And The Criminal Law, Carissa B. Hessick
Corpus Linguistics And The Criminal Law, Carissa B. Hessick
Faculty Publications
This brief response to Ordinary Meaning and Corpus Linguistics, an article by Stefan Gries and Brian Slocum, explains why corpus linguistics represents a radical break from current statutory interpretation practice, and it argues that corpus linguistics ought not be adopted as an interpretive theory for criminal laws. Corpus linguistics has superficial appeal because it promises to increase predictability and to decrease the role of judges’ personal preferences in statutory interpretation. But there are reasons to doubt that corpus linguistics can achieve these goals. More importantly, corpus linguistics sacrifices other, more important values, including notice and accountability.
Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick
Dna Exonerations And The Elusive Promise Of Criminal Justice Reform, Carissa B. Hessick
Faculty Publications
Review of Wrongful Convictions and the DNA Revolution: Twenty-Five Years of Freeing the Innocent (Daniel S. Medwed ed., Cambridge University Press 2017).
The Honoré-Waldron Thesis: A Comparison Of The Blend Of Ideal-Typic Categories Of Property In American, Chinese, And Australian Land Law, Paul T. Babie, John V. Orth, Charlie Xiao-Chuan Weng
The Honoré-Waldron Thesis: A Comparison Of The Blend Of Ideal-Typic Categories Of Property In American, Chinese, And Australian Land Law, Paul T. Babie, John V. Orth, Charlie Xiao-Chuan Weng
Faculty Publications
The Article proceeds in five parts. Part II briefly describes the principal features of each of the four ideal-typic categories of property. Parts III through V examine, respectively, the real property law of the United States, Australia, and China, demonstrating examples of each of the four ideal-typic categories, in varying mixes of ideal-types found in representatives of the two main legal traditions (common and civil). In order to test the thesis, the three jurisdictions are organized here according to the extent to which most people intuitively consider one of the ideal-types to predominate. Thus, the United States is dealt with …
Valuing Identity, Osamudia James
Claiming The Copyright, Amanda Reid
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia
Faculty Publications
Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …
User-Friendly Taxpaying, Kathleen Delaney Thomas
User-Friendly Taxpaying, Kathleen Delaney Thomas
Faculty Publications
No abstract provided.
Advocating A Carryover Tax Basis Regime, Richard Schmalbeck, Jay A. Soled, Kathleen Delaney Thomas
Advocating A Carryover Tax Basis Regime, Richard Schmalbeck, Jay A. Soled, Kathleen Delaney Thomas
Faculty Publications
No abstract provided.
Regulating Tax Return Preparation, Jay A. Soled, Kathleen Delaney Thomas
Regulating Tax Return Preparation, Jay A. Soled, Kathleen Delaney Thomas
Faculty Publications
No abstract provided.
The Privatized American Family, Maxine Eichner
The Privatized American Family, Maxine Eichner
Faculty Publications
No abstract provided.
Maintaining Power By Manipulating Memory In Rwanda, Thomas A. Kelley Iii
Maintaining Power By Manipulating Memory In Rwanda, Thomas A. Kelley Iii
Faculty Publications
No abstract provided.