Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (9)
- Law and Society (7)
- Law and Race (6)
- Law and Gender (5)
- Legal Profession (5)
-
- Judges (4)
- Legal Education (4)
- Science and Technology Law (4)
- Supreme Court of the United States (4)
- Business (3)
- Constitutional Law (3)
- Courts (3)
- Criminal Law (3)
- Law and Politics (3)
- Legal Ethics and Professional Responsibility (3)
- Social and Behavioral Sciences (3)
- Administrative Law (2)
- Artificial Intelligence and Robotics (2)
- Computer Sciences (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Fourteenth Amendment (2)
- Health Law and Policy (2)
- Internet Law (2)
- Labor and Employment Law (2)
- Law Enforcement and Corrections (2)
- Law and Economics (2)
- Law and Psychology (2)
- Litigation (2)
- Institution
-
- Touro University Jacob D. Fuchsberg Law Center (4)
- University of Michigan Law School (4)
- Roger Williams University (3)
- Mitchell Hamline School of Law (2)
- St. Mary's University (2)
-
- American Dental Association (1)
- American University Washington College of Law (1)
- California Western School of Law (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Pepperdine University (1)
- Singapore Management University (1)
- Southern Methodist University (1)
- The University of Akron (1)
- University of Georgia School of Law (1)
- University of New Hampshire (1)
- University of Pennsylvania Carey Law School (1)
- University of the District of Columbia School of Law (1)
- Publication
-
- Faculty Scholarship (3)
- Journal of Race, Gender, and Ethnicity (3)
- Faculty Articles (2)
- Life of the Law School (1993- ) (2)
- Michigan Law Review (2)
-
- Scholarly Works (2)
- All Faculty Scholarship (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Faculty Journal Articles and Book Chapters (1)
- Journal Articles (1)
- Law & Economics Working Papers (1)
- Law Faculty Scholarship (1)
- Mitchell Hamline Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Psychology from the Margins (1)
- Research Collection Yong Pung How School Of Law (1)
- School of Law Conferences, Lectures & Events (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- The Journal of the Michigan Dental Association (1)
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Law
Young And Dangerous: The Role Of Youth In Risk Assessment Instruments, Ingrid Yin
Young And Dangerous: The Role Of Youth In Risk Assessment Instruments, Ingrid Yin
Michigan Law Review
States are increasingly adopting risk assessment instruments (RAIs) to help judges determine the appropriate type and length of punishment for an offender. Although this sentencing practice has been met with a wide variety of scholarly criticism, there has been virtually no discussion of how RAIs treat youth as a strong factor contributing to a high risk score. This silence is puzzling. Not only is youth undoubtedly the most powerful risk factor in most RAIs, but youth also holds a special place in the criminal justice system as a “mitigating factor of great weight.” This Comment presents the first in-depth critique …
Problematic Interactions Between Ai And Health Privacy, W. Nicholson Price Ii
Problematic Interactions Between Ai And Health Privacy, W. Nicholson Price Ii
Articles
Problematic Interactions Between AI and Health Privacy Nicholson Price, University of Michigan Law SchoolFollow Abstract The interaction of artificial intelligence (AI) and health privacy is a two-way street. Both directions are problematic. This Essay makes two main points. First, the advent of artificial intelligence weakens the legal protections for health privacy by rendering deidentification less reliable and by inferring health information from unprotected data sources. Second, the legal rules that protect health privacy nonetheless detrimentally impact the development of AI used in the health system by introducing multiple sources of bias: collection and sharing of data by a small set …
Towards A Calibrated Trust-Based Approach To The Use Of Facial Recognition Technology, Gary Kok Yew Chan
Towards A Calibrated Trust-Based Approach To The Use Of Facial Recognition Technology, Gary Kok Yew Chan
Research Collection Yong Pung How School Of Law
The use of facial recognition technology has given rise to much debate relating to issues concerning privacy infringements, bias and inaccuracies of data and outputs, possibilities of covert use, the lack of data security and the problem of function creep. Certain states and jurisdictions have called for bans and moratoria on the use of facial recognition technology. This paper argues that a blanket ban on facial recognition technology would be overly precautionary without fully considering the wide range of uses and benefits of the innovation. To promote its acceptance, trust in facial recognition technology should be developed in a calibrated …
Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich
Biographical Data And Black Box Empiricism: Lessons Learned For Algorithmic Assessments In Personnel Selection, Ketaki Sodhi, Marc Cubrich
Psychology from the Margins
As the popularity of biodata in selection assessments grew in the 1980s and into the 1990s, the field of industrial and organizational psychology witnessed many attempts to develop biodata theories and guide the development of biodata items. The insights that emerged from this body of research are increasingly relevant in the current era of big data, artificial intelligence (AI), and machine learning. More than ever, AI and machine learning are being used to score candidates and make hiring recommendations. Many organizations are using data-driven approaches to develop machine learning and AI algorithms, which are frequently atheoretical, based on correlations or …
Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens
Model Rule 8.4(G) And The Profession’S Core Values Problem, Michael Ariens
St. Mary's Journal on Legal Malpractice & Ethics
Model Rule 8.4(g) declares it misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The American Bar Association (ABA) adopted the rule in 2016 in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA’s statement of its mission.
A …
Casebooks, Bias, And Information Literacy—Do Law Librarians Have A Duty?, Kathleen Fletcher
Casebooks, Bias, And Information Literacy—Do Law Librarians Have A Duty?, Kathleen Fletcher
Law Faculty Scholarship
The third principle of the American Association of Law Libraries’ Principles and Standards for Legal Research Competencies states, “A successful researcher critically evaluates information.” This evaluation includes evaluating legal information of material under criteria of “authority, credibility, currency, authenticity, relevance, and bias. ”Does this standard include information contained in legal casebooks? This article’s goal is to show examples of case treatment in casebooks in Constitutional Law, Property, and Civil Procedure which demonstrate authors’ biases in their selection and editing of cases. Under the AALL standards and the ACRL Standards and Framework for Information literacy, librarians should teach students how to …
Noise Pollution, Patrick Barry
Noise Pollution, Patrick Barry
Law & Economics Working Papers
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, …
The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel
The Legal Boundaries For Impartiality Of Idea Hearing Officers: An Update, Perry A. Zirkel
Pepperdine Dispute Resolution Law Journal
Special education has become a significant area of litigation in the K-12 school context. The impartial hearing officer (“IHO”) is the fulcrum of the adjudicative process under the Individuals with Disabilities Act (“IDEA”). However, the IDEA only provides for two standards for impartiality while the framework of remaining standards are left—via the IDEA’s structure of “cooperative federalism”—to state laws. Ultimately, the courts serve as the chief cartographer for the legal boundaries of IDEA IHO impartiality in their interpretation, gap-filling, and application of the federal and state framework. The previous research relating at least in part to IDEA IHO impartiality is …
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable
Life of the Law School (1993- )
No abstract provided.
Powered By Ai, Christopher J. Smiley
Powered By Ai, Christopher J. Smiley
The Journal of the Michigan Dental Association
Artificial Intelligence (AI) is revolutionizing dental practice through its ability to process vast amounts of data, enhance diagnosis, and improve patient care. However, AI introduces the challenge of bias and ethical considerations. Dentists and dental benefit providers are utilizing AI for early disease detection and efficient data management, but transparency and fairness in AI algorithms are vital. The Rome Call for AI Ethics emphasizes ethical, non-biased AI development. In the broader context, AI-driven marketing and predictive behavior raise concerns about privacy and ethical data use. The dental community must embrace AI's power while upholding ethical standards and transparency.
The "Innocence" Of Bias, Osamudia James
The "Innocence" Of Bias, Osamudia James
Michigan Law Review
A Review of Biased: Uncovering the Hidden Prejudices that Shapes What We See, Think, and Do. by Jennifer L. Eberhardt.
Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden
Law School News: Meet The Rbg Essay Contest Winners! 03/03/2021, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
2nd Annual Women In Law Leadership Lecture: A Fireside Chat With Debra Katz, Esq. 03-03-2021, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Critical Interviewing, Laila L. Hlass, Lindsay M. Harris
Critical Interviewing, Laila L. Hlass, Lindsay M. Harris
Journal Articles
Critical lawyering—also at times called rebellious, community, and movement lawyering—attempts to further social justice alongside impacted communities. While much has been written about the contours of this form of lawyering and case examples illustrating core principles, little has been written about the mechanics of teaching critical lawyering skills. This Article seeks to expand critical lawyering theory, and in doing so, provide an example of a pedagogical approach to teaching what we term “critical interviewing.” Critical interviewing means using an intersectional lens to collaborate with clients, communities, interviewing partners, and interpreters in a legal interview. Critical interviewers identify and take into …
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Going Beyond Rule 8.4(G): A Shift To Active And Conscious Efforts To Dismantle Bias, Meredith R. Miller
Journal of Race, Gender, and Ethnicity
No abstract provided.
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Redefining Sex Offenders: The Fight To Break The Bias Of Female Sex Offenders, Norma Hamilton
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
The Evolution Of Gender Equity From A Marxist And Existentialist Perspective, Alexandria Lopez
Journal of Race, Gender, and Ethnicity
No abstract provided.
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Seeking Economic Justice In The Face Of Enduring Racism, Deseriee A. Kennedy
Scholarly Works
No abstract provided.
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason
Faculty Scholarship
This article attempts to uncover some of the systemic ways in which white supremacy is expressed in the practice of mediation in the United States with the goal of inspiring additional conversations and deeper attention to these issues by scholars and practitioners in the field of dispute resolution. Our methodology is to apply the themes in Layla F. Saad’s book, Me and White Supremacy: Combat Racism, Change the World, and Become a Good Ancestor (2020). We use the lenses of tone policing, color-blindness, racial stereotyping, anti-blackness, white silence, and white supremacy to reflect on the following aspects of mediation: communication …
Model Rule 8.4(G) And The Profession's Core Values Problem, Michael Ariens
Model Rule 8.4(G) And The Profession's Core Values Problem, Michael Ariens
Faculty Articles
Model Rule 8.4(g) declares it misconduct for a lawyer to "engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law." The American Bar Association (ABA) adopted the rule in 2016, in large part to effectuate the third of its four mission goals: Eliminate Bias and Enhance Diversity. The ABA adopted these goals in 2008, and they continue to serve as ABA's statement of its mission.
A …
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Facial Recognition And The Fourth Amendment, Andrew Ferguson
Articles in Law Reviews & Other Academic Journals
Facial recognition offers a totalizing new surveillance power. Police now have the capability to monitor, track, and identify faces through networked surveillance cameras and datasets of billions of images. Whether identifying a particular suspect from a still photo, or identifying every person who walks past a digital camera, the privacy and security impacts of facial recognition are profound and troubling.
This Article explores the constitutional design problem at the heart of facial recognition surveillance systems. One might hope that the Fourth Amendment – designed to restrain police power and enacted to limit governmental overreach – would have something to say …
Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski
Mine The Gap: Using Racial Disparities To Expose And Eradicate Racism, James S. Liebman, Kayla C. Butler, Ian Buksunski
Faculty Scholarship
For decades, lawyers and legal scholars have disagreed over how much resource redistribution to expect from federal courts and Congress in satisfaction of the Fourteenth Amendment's promise of equal protection. Of particular importance to this debate and to the nation given its kaleidoscopic history of inequality, is the question of racial redistribution of resources. A key dimension of that question is whether to accept the Supreme Court's limitation of equal protection to public actors' disparate treatment of members of different races or instead demand constitutional remedies for the racially disparate impact of public action.
For a substantial segment of the …
Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim
Algorithms In Business, Merchant-Consumer Interactions, & Regulation, Tabrez Y. Ebrahim
Faculty Scholarship
The shift towards the use of algorithms in business has transformed merchant–consumer interactions. Products and services are increasingly tailored for consumers through algorithms that collect and analyze vast amounts of data from interconnected devices, digital platforms, and social networks. While traditionally merchants and marketeers have utilized market segmentation, customer demographic profiles, and statistical approaches, the exponential increase in consumer data and computing power enables them to develop and implement algorithmic techniques that change consumer markets and society as a whole. Algorithms enable targeting of consumers more effectively, in real-time, and with high predictive accuracy in pricing and profiling strategies. In …
Reassessing The Judicial Empathy Debate: How Empathy Can Distort And Improve Criminal Sentencing, Warren Cormack
Reassessing The Judicial Empathy Debate: How Empathy Can Distort And Improve Criminal Sentencing, Warren Cormack
Mitchell Hamline Law Review
No abstract provided.
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
Scholarly Works
Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …
Exploring The Implications Of Artificial Intelligence, Kristin N. Johnson, Carla L. Reyes
Exploring The Implications Of Artificial Intelligence, Kristin N. Johnson, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Emerging technologies promise to play a transformative role in our society, enabling driverless cars, enhanced accuracy and efficiency in disease mapping, greater and less expensive access to certain consumer services, including consumer financial services. Discussions regarding the role of emerging technologies increasingly center on the development and integration of artificial intelligence technologies or AI-an assemblage of technologies that rely on a variety of computational techniques. This Essay offers a modest primer outlining a general understanding of the contours and contributions of Al, as well as introducing the articulated benefits and limits
of these technologies.
This Essay examines the increasingly pervasive …
Administrative Law In The Automated State, Cary Coglianese
Administrative Law In The Automated State, Cary Coglianese
All Faculty Scholarship
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …
The Political Reality Of Diversity Jurisdiction, Richard D. Freer
The Political Reality Of Diversity Jurisdiction, Richard D. Freer
Faculty Articles
Diversity jurisdiction survived concerted frontal assaults made from the mid- to late-twentieth century. It weathered criticism of academics and of some high-profile federal judges. Today, diversity jurisdiction represents a burgeoning percentage of the federal civil docket, and it is supported by an efficiency rationale that did not exist at the founding. Today, academics and judges seem relatively ambivalent toward, and some even accepting of, diversity jurisdiction. Today, we see efforts not to abolish diversity jurisdiction, but to rationalize the various threads of its doctrine.
These efforts should be informed by the lessons that should have been learned by those who …