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Articles 1 - 9 of 9
Full-Text Articles in Law
Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie
Equal Protection Under Algorithms: A New Statistical And Legal Framework, Crystal S. Yang, Will Dobbie
Michigan Law Review
In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates …
Civil Rights Ecosystems, Joanna C. Schwartz
Civil Rights Ecosystems, Joanna C. Schwartz
Michigan Law Review
The Philadelphia and Houston Police Departments are similarly sized, but over a recent two-year period, ten times more civil rights suits were filed against Philadelphia and its officers than were filed against Houston and its officers. Plaintiffs in cases brought against Philadelphia and its officers were awarded one hundred times more in settlements and judgments. What accounts for these differences? Although the frequency and severity of misconduct and injury may play some role, I contend that the volume and outcome of civil rights litigation against any given jurisdiction should be understood as a product of what I call its civil …
Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy
Accommodating Absence: Medical Leave As An Ada Reasonable Accommodation, Sean P. Mulloy
Michigan Law Review
The Americans with Disabilities Act (ADA) is widely regarded as one of the most significant pieces of civil rights legislation in American history. Among its requirements, Title I of the ADA prohibits employers from discriminating against people with disabilities and requires that employers make reasonable accommodations for qualified individuals. Many questions about the scope of the reasonable-accommodation mandate remain, however, as federal circuit courts disagree over whether extended medical leave may be considered a reasonable accommodation and whether an employee on leave is a qualified individual. This Note argues that courts should presume finite unpaid medical leaves of absence are …
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos
This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos
Michigan Law Review
Review of R. Shep Melnick's The Transformation of Title IX: Regulating Gender Equality in Education.
Redefining Reproductive Rights And Justice, Leah Litman
Redefining Reproductive Rights And Justice, Leah Litman
Michigan Law Review
Review of Reproductive Rights and Justice Stories edited by Melissa Murray, Katherine Shaw, and Reva B. Siegel.
Equality's Understudies, Aziz Z. Huq
Equality's Understudies, Aziz Z. Huq
Michigan Law Review
Review of Robert L. Tsai's Practical Equality: Forging Justice in a Divided Nation.
For Cause: Rethinking Racial Exclusion And The American Jury, Thomas Ward Frampton
For Cause: Rethinking Racial Exclusion And The American Jury, Thomas Ward Frampton
Michigan Law Review
Peremptory strikes, and criticism of the permissive constitutional framework regulating them, have dominated the scholarship on race and the jury for the past several decades. But we have overlooked another important way in which the American jury reflects and reproduces racial hierarchies: massive racial disparities also pervade the use of challenges for cause. This Article examines challenges for cause and race in nearly 400 trials and, based on original archival research, presents a revisionist account of the Supreme Court’s three most recent Batson cases. It establishes that challenges for cause, no less than peremptory strikes, are an important—and unrecognized—vehicle of …
Racial Purges, Robert L. Tsai
Racial Purges, Robert L. Tsai
Michigan Law Review
Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.
America's Paper Prisons: The Second Chance Gap, Colleen Chien
America's Paper Prisons: The Second Chance Gap, Colleen Chien
Michigan Law Review
Over the last decade, dozens of states and the federal government have enacted “second chance” reforms that increase the eligibility of individuals arrested, charged, or convicted of crimes to shorten their sentences, clear their criminal records, and/or regain the right to vote. While much fanfare has accompanied the increasing availability of “second chances,” little attention has been paid to their delivery. This study introduces the concept of the “second chance gap,” which it defines as the difference between eligibility and delivery of second chance relief; explores its causes; and approximates its size in connection with several second chance laws and …