Scholarship

93 University of Colorado Law Review 52 (2022) Robots—machines, algorithms, artificial intelligence—play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly be- come concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch.

Forthcoming in the U.C. Davis Law Review If a machine learning algorithm treats two people very differently because of a slight difference in their attributes, the result intuitively seems unfair. Indeed, an aversion to this sort of treatment has already begun to affect regulatory practices in employment and lending. But

Forthcoming in the Indiana Law Journal In this essay, we explain the practical and doctrinal limits to analogizing social media content moderation practices to other contexts with more established First Amendment precedent. We identify the similarities between social media platforms and more traditional venues for speech (like mail, malls, and

2021 University of Illinois Law Review Online 170 (Apr. 30, 2021) Technology policy issues were a dominant theme in the 2020 presidential election campaign. In his first hundred days, President Biden has taken a steady, incremental approach to the formation and rollout of his technology initiatives. Four trends have emerged.

Forthcoming in the Arizona State Law Journal The rise of algorithm-driven decisionmaking enabled by Big Data has generated widespread concern among legal scholars. However, few critics have considered data on people’s existing preferences about the role of algorithms in decision systems. This Article uses empirical analysis of a novel, large

Forthcoming in the Hastings Law Journal Fake news presents a complex regulatory challenge in the increasingly democratized and intermediated on-line information ecosystem. Inaccurate information is readily created by actors with varying goals, rapidly distributed by platforms motivated more by financial incentives than by journalistic norms or the public interest, and

Published in the Lancet Background : Artificial intelligence (AI) has the potential to improve diagnosis. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly so. Methods: After structured interviews with patients, a randomized, blinded, factorial survey experiment placed mock patients into clinical vignettes

Forthcoming in the Minnesota Law Review U.S. trademark law often permits simultaneous use of the same brand by multiple entities. Its approach to deciding when and how this concurrent use is permissible has become antiquated, rooted in outdated assumptions about trade and telecommunications. By using the physical location of mark

Published in the Lancet Background : Artificial intelligence (AI) has the potential to improve diagnosis. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly so. Methods: After structured interviews with patients, a randomized, blinded, factorial survey experiment placed mock patients into clinical vignettes

Forthcoming in the Harvard Journal of Law & Technology This Article provides a theoretical foundation and practical guide for a new form of liability that has proven necessary in the Internet era: the tort of Reckless Association. This tort would hold de facto leaders of informal networks responsible when radicalized