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Full-Text Articles in Internet Law
Race-Aware Algorithms: Fairness, Nondiscrimination And Affirmative Action, Pauline T. Kim
Race-Aware Algorithms: Fairness, Nondiscrimination And Affirmative Action, Pauline T. Kim
Scholarship@WashULaw
The growing use of predictive algorithms is increasing concerns that they may discriminate, but mitigating or removing bias requires designers to be aware of protected characteristics and take them into account. If they do so, however, will those efforts be considered a form of discrimination? Put concretely, if model-builders take race into account to prevent racial bias against Black people, have they then engaged in discrimination against white people? Some scholars assume so and seek to justify those practices under existing affirmative action doctrine. By invoking the Court’s affirmative action jurisprudence, however, they implicitly assume that these practices entail discrimination …
Virtual Access: A New Framework For Disability And Human Flourishing In An Online World, John D. Inazu, Johanna Smith
Virtual Access: A New Framework For Disability And Human Flourishing In An Online World, John D. Inazu, Johanna Smith
Scholarship@WashULaw
While many commentators have noted the wealth and class disparities that emerge from the digital divide, disability adds another important lens through which to consider questions of access and equity. Online accessibility for disabled people has fallen prey to the same assumptions and impediments that led to the Americans with Disabilities Act (“ADA”) addressing disability access in the offline world. Addressing these shortcomings requires a significant conceptual shift in our understanding of “access,” even among disabled people. Offline, the sidewalk or doorway hindered access to those who needed assistance walking or moving. Today’s virtual sidewalks and doorways complicate access in …