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Human Rights Law Commons

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Full-Text Articles in Human Rights Law

Colorblind Capture, Jonathan Feingold Oct 2022

Colorblind Capture, Jonathan Feingold

Faculty Scholarship

We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.

The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …


Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika George Jan 2022

Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika George

Faculty Scholarship

A growing body of literature has documented the ways in which algorithms and new technology are being deployed in ways that discriminate and violate human rights. The regulatory environment is still evolving, but not as rapidly as new technologies are being introduced by private corporations and implemented in public settings. Governments are using AI in immigration and asylum determinations and law enforcement, arenas where racism and xenophobia can often arise. In the aftermath of the racial justice uprisings following the murder of George Floyd, some technology firms pledged to reconsider providing surveillance technology to police without protections in place. This …