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Articles 1 - 18 of 18
Full-Text Articles in Law
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
Hiring Criteria And Title Vii: How One Manifestation Of Employer Bias Evades Judicial Scrutiny, Max Londberg
University of Cincinnati Law Review
No abstract provided.
An Evidence Review Of Behavioural Economics In The Justice Sector, Brian Barry, Lucia Morales, Aiden Carthy
An Evidence Review Of Behavioural Economics In The Justice Sector, Brian Barry, Lucia Morales, Aiden Carthy
Articles
Behavioural economics combines elements of economics and psychology to better understand how and why people behave the way they do in the real world. While behavioural economics originally sought to better understand economic decision-making, it has since grown in scope and application, and it is increasingly used by governments, government departments and other organisations to shape and implement public policies in a range of policy areas. This Review considers the application of behavioural economics theories and concepts (commonly referred to as behavioural insights) to the justice sector in a range of areas of justice policy in different jurisdictions. Areas of …
Staff Matters: When Do Comments About Age Become Discriminatory?, Jodi Schafer Sphr, Shrm-Scp
Staff Matters: When Do Comments About Age Become Discriminatory?, Jodi Schafer Sphr, Shrm-Scp
The Journal of the Michigan Dental Association
Age-related comments in the workplace can lead to discrimination and legal consequences. The federal Age Discrimination in Employment Act (ADEA) protects employees aged 40 or older, while Michigan law extends protection to all ages. Harassment based on age can create a hostile work environment and result in lawsuits. Employers should address such issues, educate employees about discrimination and bias, and promote a culture that values diversity.
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Faculty Scholarship
The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …
Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam
Machine Learning-Based Medical Devices: The Fda’S Regulation, Requirements, And Restrictions, Charli Beam
Journal of Law and Health
The FDA should create functional regulations for the growing number of machine learning medical devices. The healthcare system is increasingly using these devices for diagnosis. Machine learning devices trained on biased data sets are susceptible to furthering certain types of bias and generating flawed outcomes. The FDA should require ML medical devices to include a label that describes the demographics of the tested population. If manufacturers fail to include this information, the FDA could determine the label false or misleading under §502 of the FD&C Act and stop sales of the device. After approval, the FDA should use §814.89(2) and …
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
N Y State Dent J June-July 2022
N Y State Dent J June-July 2022
The New York State Dental Journal
In the June-July 2022 issue, the reader will find the following feature articles:
- The Challenges are Many, but There’s Reason for Optimism
- Medication-Related Osteonecrosis of the Jaw: Important Clinical Considerations
- Retained Third Molars Protect Against Fractures of Mandibular Condylar Region
- Patient Recall in the Informed-Consent Process
- Clinical Report on Restoration of Patient with Immediate Loaded Maxillary Restoration Supported by Zygomatic/Endosseous Implants and Mandibular Prothesis Utilizing Three-implant Solution
This issue includes regular columns with regional news impacting the New York membership including: editorial and perspectives columns, legal, association activities, component news, continuing education opportunities, and classifieds.
The Character Of Jury Exclusion, Anna Offit
The Character Of Jury Exclusion, Anna Offit
Faculty Journal Articles and Book Chapters
Encounters with the legal system are unevenly distributed throughout the American population, with Black and poor citizens targeted as disparate subjects of surveillance, arrest, and criminal conviction. At the same time, these encounters, as well as a stated belief in the unfairness of the legal system, are commonly viewed as legitimate grounds for excusal from jury service. This follows from an understanding of juror bias that assumes that people with negative experiences with legal actors—police and prosecutors, for example—will be less likely to trust and more likely to discount the contributions of those actors within the context of the jury …
Taxing Choices, Tessa R. Davis
Taxing Choices, Tessa R. Davis
Faculty Publications
Tax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice …
Noise Pollution, Patrick Barry
Noise Pollution, Patrick Barry
Reviews
The authors of Noise: A Flaw in Human Judgment are a trio of intellectual heavy hitters: Nobel Prize-winner Daniel Kahneman, constitutional law scholar Cass Sunstein, and former McKinsey consultant (and current management professor) Olivier Sibony. As prolific as they are prominent, the three of them have collectively produced over fifty books and hundreds of articles, including some of the most cited research in social science. If academic publishing ever becomes an Olympic sport, they’ll be prime medal contenders, particularly if they get to compete as a team or on a relay. Their combined coverage of law, economics, psychology, medicine, education, …
"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson
"With All The Majesty Of The Law": Systemic Racism, Punitive Sentiment, And Equal Protection, Darren L. Hutchinson
Faculty Articles
United States criminal justice policies have played a central role in the subjugation of persons of color. Under slavery, criminal law explicitly provided a means to ensure White dominion over Blacks and require Black submission to White authority. During Reconstruction, anticrime policies served to maintain White supremacy and re-enslave Blacks, both through explicit discrimination and facially neutral policies. Similar practices maintained racial hierarchy with respect to White, Latinx, and Asian-American populations in the western United States. While most state action no longer explicitly discriminates on the basis of race, anticrime policy remains a powerful instrument of racial subordination. Indeed, social …
The Common Prosecutor, Melanie D. Wilson
The Common Prosecutor, Melanie D. Wilson
Scholarly Articles
This symposium piece stems from the Loyola University of Chicago Law Journal’s Criminal Justice Symposium and my engagement with a panel of experts discussing wrongful convictions, pleas, and sentencing. The essay focuses on the role of prosecutors and contends that the system will improve only when more law school graduates of every race, religion, gender identity, background, ideology, ability, sexual orientation, and other characteristics serve as prosecutors. We have witnessed the rise of the “progressive prosecutor.” Now, we need to add more “common prosecutors.”
The homogeneity of prosecutors is well known and well documented. For example, as of October 2020, …
Elephant In The Room, Patrick Barry
Elephant In The Room, Patrick Barry
Articles
Over the past several decades, the student population at law schools across the country has become more and more racially diverse. In 1987, for example, only about 1 in every 10 law students identified as a person of color; by 2019, that percentage shot up to almost 1 out of 3.
Yet take a look at virtually any collection of recommended manuals on writing. You are unlikely to find even one that is authored by a person of color. The composition of law schools may be dramatically changing, but the materials that students are given to help them figure out …
Robophobia, Andrew Keane Woods
Robophobia, Andrew Keane Woods
University of Colorado Law Review
Robots-machines, algorithms, artificial intelligence-play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly become concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch. While these concerns are important, they nearly all run in one direction: we worry about robot bias against humans; we rarely worry about human bias against robots.
This is a mistake. Not because robots deserve, in some deontological sense, to be treated fairly-although that may be true-but because our bias against nonhuman deciders is bad for us. For example, …
Reframing Hate, Lu-In Wang
Reframing Hate, Lu-In Wang
Articles
The concept and naming of “hate crime,” and the adoption of special laws to address it, provoked controversy and raised fundamental questions when they were introduced in the 1980s. In the decades since, neither hate crime itself nor those hotly debated questions have abated. To the contrary, hate crime has increased in recent years—although the prominent target groups have shifted over time—and the debate over hate crime laws has reignited as well. The still-open questions range from the philosophical to the doctrinal to the pragmatic: What justifies the enhanced punishment that hate crime laws impose based on the perpetrator’s motivation? …
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Considering "Machine Testimony": The Impact Of Facial Recognition Software On Eyewitness Identifications, Valena Beety
Articles by Maurer Faculty
This Article uses a wrongful conviction lens to compare identifications by machines, notably facial recognition software, with identifications by humans. The Article advocates for greater reliability checks on both before use against a criminal defendant. The Article examines the cascading influence of facial recognition software on eyewitness identifications themselves and the related potential for greater errors. As a solution, the Article advocates the inclusion of eyewitness identification in the Organization of Scientific Area Committees' ("OSAC") review of facial recognition software for a more robust examination and consideration of software and its usage. The Article also encourages police departments to adopt …
Taxing Choices, Tessa R. Davis
Taxing Choices, Tessa R. Davis
FIU Law Review
Tax has a choice problem. At all stages of the making of tax, choice plays a role. Lawmakers consider how tax will impact the range and appeal of choices available to an individual. Scholars critique how tax may drive an individual toward or away from a given choice. Courts craft stories of how an individual had either free or deeply constrained choice, using their perception of the facts to guide their interpretation of tax law. And yet for all the seeming relevance of choice to tax, we have no clear definition of what we mean when we talk about choice …
The Social Psychology Of Inclusion: How Diversity Framing Shapes Outcomes For Racial-Ethnic Minorities, Jamillah Bowman Williams
The Social Psychology Of Inclusion: How Diversity Framing Shapes Outcomes For Racial-Ethnic Minorities, Jamillah Bowman Williams
Georgetown Law Faculty Publications and Other Works
Research on the efficacy of organizational diversity efforts has yielded mixed results. It remains unclear when positive or negative outcomes should be expected, and why. This article fills a gap in the sociological literature by examining critical social psychological mechanisms. In Experiment 1, I found that common diversity messaging led to increased bias towards racial minorities. In Experiment 2, I examined how alternative framing may influence these outcomes. Findings revealed that the common “business case” emphasizing profit and performance gains made decision-makers less likely to select a Black job candidate than emphasizing civil rights law. I then examined social psychological …