European Law Commons^™

The Law Of Ai, Margot Kaminski

Publications

No abstract provided.

Catalyzing Privacy Law, Anupam Chander, Margot E. Kaminski, William Mcgeveran

Publications

The United States famously lacks a comprehensive federal data privacy law. In the past year, however, over half the states have proposed broad privacy bills or have established task forces to propose possible privacy legislation. Meanwhile, congressional committees are holding hearings on multiple privacy bills. What is catalyzing this legislative momentum? Some believe that Europe’s General Data Protection Regulation (GDPR), which came into force in 2018, is the driving factor. But with the California Consumer Privacy Act (CCPA) which took effect in January 2020, California has emerged as an alternate contender in the race to set the new standard for …

The Right To Contest Ai, Margot E. Kaminski, Jennifer M. Urban

Publications

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability.

In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for …

A Recent Renaissance In Privacy Law, Margot Kaminski

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Considering the recent increased attention to privacy law issues amid the typically slow pace of legal change.

The Right To Explanation, Explained, Margot E. Kaminski

Publications

Many have called for algorithmic accountability: laws governing decision-making by complex algorithms, or AI. The EU’s General Data Protection Regulation (GDPR) now establishes exactly this. The recent debate over the right to explanation (a right to information about individual decisions made by algorithms) has obscured the significant algorithmic accountability regime established by the GDPR. The GDPR’s provisions on algorithmic accountability, which include a right to explanation, have the potential to be broader, stronger, and deeper than the preceding requirements of the Data Protection Directive. This Essay clarifies, largely for a U.S. audience, what the GDPR actually requires, incorporating recently released …

The Gdpr’S Version Of Algorithmic Accountability, Margot Kaminski

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No abstract provided.

Victims' Rights: Rethinking Our "Adversary System", William T. Pizzi

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No abstract provided.

The American "Adversary System"?, William T. Pizzi

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No abstract provided.

Punishment And Procedure: A Different View Of The American Criminal Justice System, William T. Pizzi

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No abstract provided.

Discovering Who We Are: An English Perspective On The Simpson Trial, William T. Pizzi

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No abstract provided.

Understanding Prosecutorial Discretion In The United States: The Limits Of Comparative Criminal Procedure As An Instrument Of Reform, William T. Pizzi

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No abstract provided.

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

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No abstract provided.