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Standardization And Accuracy Of Race And Ethnicity Data: Equity Implications For Medical Ai, Alexandra Tsalidis, Lakshmi Bharadwaj, Francis X. Shen

Articles

Abstract

The rapid integration of artificial intelligence (AI) into healthcare has raised many concerns about race bias in AI models. Yet, overlooked in this dialogue is the lack of quality control for the accuracy of patient race and ethnicity (r/e) data in electronic health records (EHR). This article critically examines the factors driving inaccurate and unrepresentative r/e datasets. These include conceptual uncertainties about how to categorize races and ethnicity, shortcomings in data collection practices, EHR standards, and the misclassification of patients’ race or ethnicity. To address these challenges, we propose a two-pronged action plan. First, we present a set of …

Ai Assistance In Legal Analysis: An Empirical Study, Jonathan H. Choi, Daniel Benjamin Schwarcz

Articles

No abstract provided.

Free To Be You But Not Me?, Leah Litman

Reviews

In Gendered Liberty, Prof. Laura Portuondo presents a doctrinal puzzle: While claims to individual liberty are in decline in some spaces, they are ascendant in others. As Portuondo describes things, constitutional law has become increasingly hostile to claims by people who seek to defy gendered stereotypes. That includes the women who, for whatever reason, do not want to become mothers when they are pregnant, as well as the women whose lives, health, or fertility would be in jeopardy if they became mothers. The Supreme Court overruled their claims to liberty in Dobbs v. Jackson Women’s Health Organization.

Curbing Harmful Force: Mandatory Jiu-Jitsu Training For Police, Mason Arent

Public Interest Law Reporter

No abstract provided.

From Choice To Justice: Examining The Intertwined Oppression Of Abortion Restriction And Family Policing, Casey Callahan

Public Interest Law Reporter

No abstract provided.

The Cbp One App: A Virtual Manifestation Of The American Government's Failure To Uphold Its Moral And Legal Obligations To Asylum Seekers, Joseph Choe

Public Interest Law Reporter

No abstract provided.

Terrorizing Who? Luigi Mangione's Terrorism Charge And The Threat To Capital, Julia Hopkins

Public Interest Law Reporter

No abstract provided.

No Child Left Behind: Individualized Active Shooter Drill Planning As A Requirement Of A Free, Appropriate Public Education, Anna Patton

Public Interest Law Reporter

No abstract provided.

Disposability And Survival: The Legal And Social Marginalization Of Black Transwomen, Rachel Still

Public Interest Law Reporter

The criminalization of Black transwomen emerges not as an incidental consequence of law but as a deliberate, structural process intertwined with a long history of racial, gendered, and class-based oppression. From the horrors of slavery to contemporary policing, the state has consistently defined and regulated Black trans bodies through a lens of disposability. This article explores the historical and contemporary forces that contribute to the marginalization and criminalization of Black transwomen, emphasizing how race, gender, and socio-economic status intersect to create a landscape of legal violence that continues to shape their lives and deaths.

The experiences of Black transwomen reveal …

Prisons Built On Toxic Sites: Eighth Amendment Protections For Pregnant Incarcerated Persons, Bianca Stockmeier

Public Interest Law Reporter

No abstract provided.

Resource List, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Public Right Vs. Private Interest: The Role Of Corporate Entities In Eroding Free Expression, Jack Henry

Public Interest Law Reporter

No abstract provided.

Life, Liberty, And The Pursuit Of Insulin: America’S Deadly Pharmaceutical Profiteering Crisis, Elizabeth Hernandez

Public Interest Law Reporter

No abstract provided.

Did The Supreme Court Authorize Kidney Discrimination? An Analysis Of Marietta Memorial Hospital V. Davita Dialysis, Emily Miller

Public Interest Law Reporter

No abstract provided.

Calculated Ignorance: The Trump Administration’S Indifference To The Climate Crisis, Payton Fallick

Public Interest Law Reporter

No abstract provided.

The Unfulfilled Promise Of Obergefell For Children Of Lgbtq+ Parents: Advancing Non-Discrimination Laws For Familial Association, Jeffrey Dodge

Faculty Scholarship

Since the 2015 Obergefell v. Hodges decision, same-sex marriages have increased significantly in the United States. The American Community Survey data collected in 2022 shows that there are around 1.3 million same-sex couple households in the country, up from 565,000 in 2028. Just over half of these couples are legally married, up nearly 400% from prior to Obergefell. This data not only shows the significance of Obergefell for the LGBTQ+ community, but it also frames a generational shift in attitudes on marriage and family.

With the rise in same-sex couples accessing marriage has come greater visibility, representation, and acknowledgement. …

More Than Miscommunication: Rethinking Interpretation At The Asylum Office, Pooja R. Dadhania, Hillary Mellinger

Faculty Scholarship

The United States requires asylum applicants to provide their own interpreters for their interviews at the Asylum Office, barring exceptional circumstances. Applicants can face significant hurdles in finding suitable interpreters, who play a critical role in giving them a voice in the asylum process. Inaccurate interpretation can have serious ramifications such as denial of an applicant’s asylum claim. Despite the critical need for meaningful language access in the asylum process, interpretation at the Asylum Office remains understudied. This article represents a first attempt at bringing the scholarly and practitioner communities together to rethink interpretation at the Asylum Office, with the …

An Economic Comparison Of Succession Law Systems: Prioritizing Spouses Vs. Forced Shares For Children And Proposal For A Standards Based Approach To Child Disinheritance

Florida A & M University Law Review

In the United States (“U.S.”), the foundation of succession law is the freedom of disposition. Priority is placed on the testator’s freedom to choose what happens with their property after they die. Thus, laws governing the distribution of property in both testate and intestate situations are aimed at honoring the testator’s intent. In the U.S., spouses are given preferential treatment under succession laws and intestacy laws. However, children are not given as great a level of protection as spouses and a testator can legally disinherit a child. This approach is unique because several other countries, along with one U.S. state, …

Keynote Address - Intimate Privacy, Expressive Power, And Trust: Essential Inputs For A Healthy Democracy, Danielle Keats Citron

Case Western Reserve Law Review

No abstract provided.

The Artificial Intelligence Trolley Problem, James Cooper, Kashyap Kompella

Faculty Scholarship

This Essay addresses a growing Constitutional challenge in public governance: the increasing delegation of consequential decisions to algorithmic systems that encode value trade-offs between liberty and security, equity and efficiency, and expression and control, without visibility, legal justification, or institutional oversight. We view this hidden normative choice an example of the “Artificial Intelligence (AI) Trolley Problem.” Like the classic moral dilemma, it involves unavoidable sacrifices among competing goods. Unlike its philosophical counterpart, however, algorithmic trade-offs occur silently. They are embedded in data proxies, optimization logic, and model design, and insulated from scrutiny by claims of technical neutrality. This Essay argues …

Legalized Surveillance: The Historical To Modern Policing Of Black Life, Nile Blass

Upper Level Writing Requirement Research Papers

No abstract provided.

The Nauru Declaration: A Milestone For Judicial Wellness, Rangajeeva Wimalasena, Lynne C. Leitch, Carly Schrever, Jeremy Fogel

Judicature International

No abstract provided.

Social Justice Unionism: Intersectionality In The Twenty-First Century Workplace, Shirley Lin

Faculty Scholarship

No abstract provided.

Parafamily, Christina Mulligan

Faculty Scholarship

No abstract provided.

Gendered Liberty, Laura Portuondo

Faculty Scholarship

No abstract provided.

Access Or Sovereignty, John T. Holden

Emory Law Journal

Despite centuries of genocidal assimilation and forced removal, Indigenous communities in the United States have persevered and even thrived. A key driver of economic success for many tribes is gambling. While states objected, perhaps out of greed, the Supreme Court held that, as sovereign governments, gaming operations on tribal land were largely beyond the reach of state governments and law enforcement. The Supreme Court’s Cabazon decision furthered a congressional push to develop a negotiated solution to recognize Indigenous communities’ rights as sovereigns while balancing states’ desire to limit the volume of gambling taking place within their borders. The Indian Gaming …

Health Is Wealth: Strengthening Plaintiffs’ Ability To Confer Standing In Health Information Data Breach Cases, Kayla M. O'Brien

Emory Law Journal

Individuals’ health information is increasingly at risk of data breaches as healthcare providers adopt health information technologies and individuals use digital devices and applications to log their health data. The frequency of data breaches involving health information has escalated year after year, and, as a result, more individuals are seeking recourse in federal court. To proceed in federal court, however, these individuals must have Article III standing, and meeting the injury-in-fact requirement to confer standing has been a difficult hurdle for plaintiffs in data breach cases to overcome. Federal courts have narrowly interpreted what constitutes a concrete harm stemming from …

Technological Readiness Versus Disruption: A Framework For Assessing Distinct Artificial Intelligence Policy Strategies, Orly Lobel

Emory Law Journal

Artificial intelligence (“AI”) is here and rapidly advancing. As the 2024 Thrower Symposium of the Emory Law Journal demonstrated, developments in the integration of AI to all aspects of life raise fundamental challenges for legal scholars and policymakers about the desirability and legitimacy of algorithmic decision-making, the societal impact of automation, and the liability, ownership, and regulatory puzzles created by substituting human actions with AI systems. This Article provides a framework for analyzing the readiness and desirability of contemporary technological innovation while continuing to address the effects and impact of technological shifts on the labor market, social welfare, and democracy. …

Civil Society And The Crisis Of Privacy Law, Ari Ezra Waldman

Emory Law Journal

Based on interviews with key players, public reports, and previously undisclosed primary sources, this Article tells the inside story of the American Data Privacy and Protection Act (ADPPA) and the role of privacy nonprofit organizations in crafting it. It uses ADPPA’s drafting as a case study about larger questions of expertise, the lawmaking process, and the role of law in setting the context of advocacy. The Article’s descriptive argument is that background law and the dynamics of privacy policymaking in the United States Congress channeled and constrained the choices made by privacy civil society organizations while negotiating and drafting key …

The Globalization Of Copyright Exceptions For Ai Training, Matthew Sag, Peter K. Yu

Emory Law Journal

Generative AI, machine learning, and other computational uses of copyrighted works pose profound conceptual questions for copyright law. This Article surveys multiple countries with different legal traditions and local conditions to explore how they have responded to these questions in relation to the use of copyrighted works for AI training without express permission from the relevant rightsholders. Our survey suggests an emerging international equilibrium in which jurisdictions from around the world have found ways to reconcile copyright law and AI training. In this equilibrium, countries recognize that text and data mining, computational data analysis, and AI training can be socially …