Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
The Special Norms Thesis: Why Congress's Constitutional Decision-Making Should Be Disciplined By More Than The Usual Norms Of Politics, Mark Rosen
All Faculty Scholarship
No abstract provided.
After Janus, Martin Malin, Catherine Fisk
After Janus, Martin Malin, Catherine Fisk
All Faculty Scholarship
The Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 upended public sector labor law by finding a novel First Amendment right of public employees to refuse to pay union fees and declaring unconstitutional scores of laws and thousands of labor contracts. This Article assesses the constraints on public sector labor law post-Janus, examines the variety of legislative responses, and proposes a path forward.Janus makes it difficult to address the collective action problem facing all large groups. Although it is in the interest of every member of a group to engage in collective action …
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
The Technology Enterprise: Systemic Bias Against Women, Lori Andrews
All Faculty Scholarship
No abstract provided.
Algorithms And Human Freedom, Richard Warner, Robert Sloan
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 …
The Internet Adopts Two-Way Radio, Henry Perritt
The Internet Adopts Two-Way Radio, Henry Perritt
All Faculty Scholarship
The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking technology that …
Age, Time, And Discrimination (Forthcoming), Alexander Boni-Saenz
Age, Time, And Discrimination (Forthcoming), Alexander Boni-Saenz
All Faculty Scholarship
Discrimination scholars have traditionally justified antidiscrimination laws by appealing to the value of equality. Egalitarian theories locate the moral wrong of discrimination in the unfavorable treatment one individual receives as compared to another. However, discrimination theory has neglected to engage seriously with the socio-legal category of age, which poses a challenge to this egalitarian consensus due to its unique temporal character. Unlike other identity categories, an individual’s age inevitably changes over time. Consequently, any age-based legal rule or private discrimination will ultimately yield equal treatment over the lifecourse. This explains the weak constitutional protection for age and the fact that …