In his essay, Cheng-chi (Kirin) Chang examines Mobley v. Workday, the most consequential AI-discrimination case currently in litigation, through the l ...

We have passed laws prohibiting discrimination in education, in employment, in housing; but these laws alone cannot overcome the heritage of . . . poverty and degradation and pain. Proxy ...

This Essay argues that automated student monitoring implicates Section 504 in two ways. The first relates to a school’s response after surveillance software flags a student’s expression. 14Open this ...

But attorney-client privilege doctrine already protects many confidential exchanges with non-attorneys so long as they are necessary to facilitate legal services from the client’s lawyer. Moreover, ...

The uses of big data can be transformative, and the possible uses of the data can be difficult to anticipate at the time of initial collection. For example, the discovery of Vioxx’s adverse effects, ...

In their Essay introducing the Special Collection on Technology, Artificial Intelligence, and the Future of Civil Rights, Ralph Richard Banks, Guy-Uriel Charles, Spencer Overton, and Victor Y. Wu ...

Introduction On July 14, 2025, Angela Lipps was babysitting in her Tennessee home when law enforcement officers arrived to arrest her for multiple fraud and property theft charges brought by a North ...

Part I of this Essay explains why AI is such a consequential development for governmental and institutional decisionmaking and why it will often recreate or perpetuate racial disparities, even in the ...

Part I of this Essay canvasses the various definitions of AI bias, showing that although these different conceptions may illuminate important nuances, they also make understanding and addressing AI ...

Drawing on global political histories, Diego Zambrano explores why many democracies abroad rally around “the rule of law,” while Americans reach instinctively for “due process.” He argues that ...

A Note for Readers: Adversarial collaborations are written by scholars who hold opposing views on their topic—together, they write one Essay to clarify points of agreement, precisely identify areas of ...