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Full-Text Articles in Law

Young And Dangerous: The Role Of Youth In Risk Assessment Instruments, Ingrid Yin Dec 2021

Young And Dangerous: The Role Of Youth In Risk Assessment Instruments, Ingrid Yin

Michigan Law Review

States are increasingly adopting risk assessment instruments (RAIs) to help judges determine the appropriate type and length of punishment for an offender. Although this sentencing practice has been met with a wide variety of scholarly criticism, there has been virtually no discussion of how RAIs treat youth as a strong factor contributing to a high risk score. This silence is puzzling. Not only is youth undoubtedly the most powerful risk factor in most RAIs, but youth also holds a special place in the criminal justice system as a “mitigating factor of great weight.” This Comment presents the first in-depth critique …


Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich Oct 2021

Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich

Psychology from the Margins

As the popularity of biodata in selection assessments grew in the 1980s and into the 1990s, the field of industrial and organizational psychology witnessed many attempts to develop biodata theories and guide the development of biodata items. The insights that emerged from this body of research are increasingly relevant in the current era of big data, artificial intelligence (AI), and machine learning. More than ever, AI and machine learning are being used to score candidates and make hiring recommendations. Many organizations are using data-driven approaches to develop machine learning and AI algorithms, which are frequently atheoretical, based on correlations or …


Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens Oct 2021

Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens

St. Mary's Journal on Legal Malpractice & Ethics

Model Rule 8.4(g) declares it misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The American Bar Association (ABA) adopted the rule in 2016 in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA’s statement of its mission.

A …


The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel Apr 2021

The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel

Pepperdine Dispute Resolution Law Journal

Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA IHO impartiality is …


The "Innocence" Of Bias, Osamudia James Apr 2021

The "Innocence" Of Bias, Osamudia James

Michigan Law Review

A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.


Powered By Ai, Christopher J. Smiley Apr 2021

Powered By Ai, Christopher J. Smiley

The Journal of the Michigan Dental Association

Artificial Intelligence (AI) is revolutionizing dental practice through its ability to process vast amounts of data, enhance diagnosis, and improve patient care. However, AI introduces the challenge of bias and ethical considerations. Dentists and dental benefit providers are utilizing AI for early disease detection and efficient data management, but transparency and fairness in AI algorithms are vital. The Rome Call for AI Ethics emphasizes ethical, non-biased AI development. In the broader context, AI-driven marketing and predictive behavior raise concerns about privacy and ethical data use. The dental community must embrace AI's power while upholding ethical standards and transparency.


Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller Jan 2021

Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller

Journal of Race, Gender, and Ethnicity

No abstract provided.


Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton Jan 2021

Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez Jan 2021

The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez

Journal of Race, Gender, and Ethnicity

No abstract provided.


Reassessing The Judicial Empathy Debate: How Empathy Can Distort And Improve Criminal Sentencing, Warren Cormack Jan 2021

Reassessing The Judicial Empathy Debate: How Empathy Can Distort And Improve Criminal Sentencing, Warren Cormack

Mitchell Hamline Law Review

No abstract provided.