Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Category Archives: Courts

Glass Box Artificial Intelligence in Criminal Justice

Garrett, Brandon L. and Rudin, Cynthia and Rudin, Cynthia, Glass Box Artificial Intelligence in Criminal Justice (November 14, 2022). Available at SSRN: https://ssrn.com/abstract=4275661 or http://dx.doi.org/10.2139/ssrn.4275661 “As we embrace data-driven technologies across a wide range of human activities, policymakers and researchers increasingly sound alarms regarding the dangers posed by “black box” uses of artificial intelligence (AI) to society, democracy, and individual rights. Such models are either too complex for people to understand or they are designed so that their functioning is inaccessible. This lack of transparency can have harmful consequences for the people affected. One central area of concern has been the criminal justice system, in which life, liberty, and public safety can be at stake. Judges have struggled with government claims that AI, such as that used in DNA mixture interpretation, risk assessments, facial recognition, and predictive policing, should remain a black box that is not disclosed to the defense and in court. Both the champions and critics of AI have argued we face a central trade-off: black box AI sacrifices interpretability for predictive accuracy. We write to counter this black box myth. We describe a body of computer science research showing “glass box” AI that is interpretable can be more accurate. Indeed, criminal justice data is notoriously error prone, and unless AI is interpretable, those errors can have grave hidden consequences. Our intervention has implications for constitutional criminal procedure rights. Judges have been reluctant to impair perceived effectiveness of black box AI by insisting on the disclosures defendants should be constitutionally entitled to receive. Given the criminal procedure rights and public safety interests at stake, it is especially important that people can understand AI. More fundamentally, we argue that there is no necessary tradeoff between the benefits of AI and the vindication of constitutional rights. Indeed, glass box AI can better accomplish both fairness and public safety goals.”

The End of Roe v Wade and New Legal Frontiers on the Constitutional Right to Abortion

Cohen, I. Glenn and Murray, Melissa and Gostin, Lawrence O., The End of Roe v Wade and New Legal Frontiers on the Constitutional Right to Abortion (July 8, 2022). The Journal of the American Medical Association, published online July 8, 2022, at E1-E2. (2022). Georgetown Law Faculty Publications and Other Works. 2460. DOI No.: 10.1001/jama.2022.12397… Continue Reading

Private groups swaying SCOTUS litigation

Sen. Whitehouse and Rep. Johnson sent a letter to Chief Justice Roberts on September 7, 2022.”We write as Chairmen of the Senate and House Judiciary Federal Courts Subcommittees to request information regarding another allegation of potentially unethical conduct at the Supreme Court of the United States…“One of the nation’s most important institutions … has been… Continue Reading

Senior Democratic lawmakers demand answers on alleged Supreme Court leak

Politico via Yahoo: “Two senior Democrats in Congress are demanding that Chief Justice John Roberts detail what, if anything, the Supreme Court has done to respond to recent allegations of a leak of the outcome of a major case the high court considered several years ago. Sen. Sheldon Whitehouse (D-R.I.) and Rep. Hank Johnson (D-Ga.)… Continue Reading

Feds arrest Russians accused of running the largest pirated e-book library

Ars Technica: “Last month, the alleged masterminds behind Z-Library—an e-book pirate site that claims to be “the world’s largest library”—were arrested. According to a press release yesterday from the US Department of Justice, Russian nationals Anton Napolsky and Valeriia Ermakova have been charged with “criminal copyright infringement, wire fraud and money laundering for operating Z-Library.”… Continue Reading

What Is the Filibuster and How Can the Senate Reform It?

Democracy Docket: “In June, Senate Republicans blocked a landmark piece of voting rights legislation, the For the People Act. In October, they blocked a revised, compromised version, the Freedom to Vote Act. In November, it was the John Lewis Voting Rights Advancement Act that failed. If Democrats hold a slim majority in the U.S. Senate,… Continue Reading

Where Abortion Is Legal and Where It Loses Protections Without Roe v. Wade

WSJ: “The Supreme Court in June overturned Roe v. Wade, the landmark 1973 decision that established the constitutional right to an abortion. The majority opinion in Dobbs v. Jackson Women’s Health Organization upended nearly five decades of precedent and allowed stronger state restrictions to take effect—including total abortion bans. Lawmakers on both sides of the… Continue Reading

Epic strikes back at Apple’s iOS “security” defense in appeals court

Ars Technica: “It has been over a year now since a US District Court ruled that Apple did not violate antitrust law by forcing iOS developers (like plaintiff and Fortnite-maker Epic Games) to use its App Store and in-app payments systems. But that doesn’t mean the case is settled, as both sides demonstrated Monday during… Continue Reading

The Law of Freedom: The Supreme Court and Democracy (Introduction)

Eisler, Jacob and Eisler, Jacob, The Law of Freedom: The Supreme Court and Democracy (Introduction) (November 10, 2022). Forthcoming Cambridge University Press, 2023, Available at SSRN: https://ssrn.com/abstract=4215441 or http://dx.doi.org/10.2139/ssrn.4215441 “The influence of the federal judiciary over democratic process raises a fundamental difficulty. Democracy has unique moral legitimacy as a mode of governance because it directly… Continue Reading

Hate (or Bias) Crime Laws

Simons, Kenneth W., Hate (or Bias) Crime Laws (October 18, 2022). UC Irvine School of Law Research Paper No. 38, 2022, Palgrave Handbook on Applied Ethics and the Criminal Law, Larry Alexander, Kimberly Kessler Ferzan, editors, 2019., Available at SSRN: https://ssrn.com/abstract=4251871 “This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct… Continue Reading

Digital Security and Reproductive Rights: Lessons for Feminist Cyberlaw

Meister, Michela and Levy, Karen, Digital Security and Reproductive Rights: Lessons for Feminist Cyberlaw (October 31, 2022). Feminist Cyberlaw (Meg Leta Jones and Amanda Levendowski, eds.), University of California Press, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4262774 or http://dx.doi.org/10.2139/ssrn.4262774 – “Reproductive rights in the United States are under threat, and the threat is growing more serious by… Continue Reading