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Role-Reversibility, Ai, And Equitable Justice - Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez
Role-Reversibility, Ai, And Equitable Justice - Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez
JCLC Online
A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …
Litigating Climate Change Infrastructure Impacts, Hari M. Osofsky
Litigating Climate Change Infrastructure Impacts, Hari M. Osofsky
NULR Online
No abstract provided.
Cooling Infrastructure, Cooling Security, And A Warming World, David A. Dana
Cooling Infrastructure, Cooling Security, And A Warming World, David A. Dana
NULR Online
No abstract provided.
Climate Entrenchment In Unstable Legal Regimes, Martin Lockman
Climate Entrenchment In Unstable Legal Regimes, Martin Lockman
NULR Online
No abstract provided.
Climate Change And The Law Of National Security Adaptation, Mark Nevitt
Climate Change And The Law Of National Security Adaptation, Mark Nevitt
NULR Online
No abstract provided.
Not All Evidence Is The Same: Habeas Corpus And Actual Innocence. A Practically Unusable Exception For Fundamental Miscarriages Of Justice?, Samantha C. Olexa
Not All Evidence Is The Same: Habeas Corpus And Actual Innocence. A Practically Unusable Exception For Fundamental Miscarriages Of Justice?, Samantha C. Olexa
JCLC Online
For many, being convicted of a crime they did not commit would be a living and breathing nightmare. However, for some American prisoners, that nightmare is an unfortunate reality. Although reform focused on how an innocent individual came to be wrongfully convicted—via prosecutorial inaccuracies, forensic and eyewitness errors, jailhouse informants, forced confessions and inadequate representation—and how to prevent it in the future has seen success in recent years, the American legal system continues to fail those currently incarcerated trying to prove their innocence. When seeking habeas relief, the utmost hurdle in proving actual innocence is what type of “new” evidence …
The Need For Fairness And Accuracy For Women In Sentencing: Surmounting Challenges To Gender-Specific Statistical Risk Assessment Tools, Elizabeth E. Wainstein
The Need For Fairness And Accuracy For Women In Sentencing: Surmounting Challenges To Gender-Specific Statistical Risk Assessment Tools, Elizabeth E. Wainstein
JCLC Online
States across the country have increasingly adopted statistical risk assessment tools in multiple stages of their criminal legal systems with the hope of reducing incarceration without increasing crime. These tools use various characteristics to estimate an individual’s future risk of recidivism, and judges consider the results of these assessments when determining levels of custody or community supervision for convicted individuals. Despite much debate amongst academics and activists on the utility and fairness of these tools, one critique seems beyond debate: the tools are built for men, not women. These tools are based on criteria, statistics, and theory drawn from the …
The Neuroscience Of Trauma Supports Diminished Capacity As A Nuanced Approach To The Icc Case Of An Ex-Child Soldier, Lee Hiromoto, Ramail Siddiqui, Landy F. Sparr
The Neuroscience Of Trauma Supports Diminished Capacity As A Nuanced Approach To The Icc Case Of An Ex-Child Soldier, Lee Hiromoto, Ramail Siddiqui, Landy F. Sparr
JCLC Online
The 2021 conviction of former child soldier Dominic Ongwen by the International Criminal Court (ICC) for war crimes committed as an adult commander in the Lord’s Resistance Army in Uganda raises questions about the ICC’s approach to mental illness. During his trial, the defendant unsuccessfully raised defenses of insanity and duress, based on his kidnapping into the militant group as a child. The court rejected not only those defenses, but also the claim that he had mental illness at all, in spite of his traumatic childhood. Integrating scientific research, we argue that both the ICC and the defense failed to …