Law Commons^™

Algorithms And Human Freedom, Richard Warner, Robert Sloan

All Faculty Scholarship

Predictive analytics such as data mining, machine learning, and artificial intelligence drive algorithmic decision making. Its "all-encompassing scope already reaches the very heart of a functioning society". Unfortunately, the legal system and its various tools developed around human decisionmakers cannot adequately administer accountability mechanisms for computer decision making. Antiquated approaches require modernization to bridge the gap between governing human decision making and new technologies. We divide the bridge-building task into three questions. First, what features of the use of predictive analytics significantly contribute to incorrect, unjustified, or unfair outcomes? Second, how should one regulate those features to make outcomes more …