Clearinghouse Project
AI-DR Program Automated Decision-Making and the Law Clearinghouse Project
Automated decision-making or the use of Artificial Intelligence (AI) as part of organizational processes has now become a regular feature of our society. From receiving a job offer, to being allowed bail, to being afforded a credit line, to directions for medical treatment, consequential decisions have increasingly been delegated to automated systems. One public perception is that automated decision-making is fairer, or could even be more lawful. This perception stems from the belief that human bias may be eliminated in automated decisions. However, as emerging research has shown, unlawful discrimination can flow from the bias that remains encoded in automated decision-making systems. The increasing evidence of unlawful discrimination resulting from bias in automated decision-making systems has created an urgent need for the law to attend to the development and use of these systems to preserve the bedrock legal principles of equal protection and equal opportunity.
The aim of this clearinghouse project thus is to highlight seminal and impactful articles focused on issues of AI Decision-Making and the law.The AI-DR Program is pleased to share a searchable database of legal scholarly articles related to AI, automated decision-making and the law.
Below we highlight the seminal or topical articles in the following sensitive areas:
(A) AI and Administrative Work, (B) AI and Criminal Justice, (C) AI and Education, (D) AI and Employment, (E) AI and Financial systems, (F) AI and Health, (G) AI, Immigration, and Human Rights, (H) AI Regulation, (I) AI and Surveillance, (J) International/Comparative Regulation, and (K) Regulatory Approaches. We also introduce books, documentary films, and other media that have been created to address legal issues stemming from the use of automated decision-making. We hope that this clearinghouse will serve as a useful resource for a wide array of stakeholders including: legal scholars, practitioners, media, and students of AI and the Law at every level.
AI and Administrative Work
- Legal Reasoning and Artificial Intelligence: How Computers “Think” Like Lawyers
- Automated Administrative State: A Crisis of Legitimacy
- Algorithmic Accountability in the Administrative State
- Chief Justice Robots
- Regulating by Robot: Administrative Decision Making in the Machine‐Learning Era
- The Paradox of Source Code Secrecy
- Machine Learning and Law
- Developing Artificially Intelligent Justice
- AI in Adjudication and Administration
- Legal Intelligence Through Artificial Intelligence Requires Emotional Intelligence: A New Competency Model for the 21st Century Legal Professional
- Understanding Artificial Intelligence Ethics and Safety: A Guide for the Responsible Design and Implementation of AI Systems in the Public Sector
- Information Privacy Litigation as Bellwether for Institutional Change
AI and Criminal Justice
- Bias In, Bias Out
- When They Hear Us: Race, Algorithms and The Practice of Criminal Law
- Technologically Distorted Conceptions of Punishment
- Dirty Data, Bad Predictions: How Civil Rights Violations Impact Police Data, Predictive Policing Systems, and Justice
- Beyond Bias: Re-Imagining the Terms of ‘Ethical AI’ in Criminal Law
- The Basic Models of Criminal Liability of AI Systems and Outer Circles
- Artificial Intelligence Can Make Our Jail System More Efficient, Equitable and Just
- Role of An AI in Legal Aid and Access to Criminal Justice
- Criminal justice, artificial intelligence systems, and human rights
- “Cyborg Justice” and the Risk of Technological-Legal Lock-In
AI and Education
- The Structural Consequences of Big-Data Driven Education
- Trustworthy AI in Education (OECD)
- Robot Teaching, Pedagogy, and Policy
- AI in education: learner choice and fundamental rights
- Implications of the Fourth Industrial Age for Higher Education
- Professional Judgment in an Era of Artificial Intelligence and Machine Learning
- Artificial Intelligence in Education – From a Teacher and a Student Perspective
- Artificial Intelligence, Education, and Entrepreneurship
- Trustworthy Artificial Intelligence in Education: Pitfalls and Pathways
- Exploring the impact of artificial intelligence on teaching and learning in higher education
AI and Employment
- The Paradox of Automation as Anti-Bias Intervention
- Data-Driven Discrimination at Work
- Future Work
- The Invisible Web at Work: Artificial Intelligence and Electronic Surveillance in the Workplace
- Incomprenhensible Discrimination
- The Law and Policy of People Analytics
- The Gamification of Work
- What should We Do After Work? Automation and Employment Law
- The Auditing Imperative for Automated Hiring
- Algorithms at Work: Productivity Monitoring Applications and Wearable Technology as the New Data-Centric Research Agenda for Employment and Labor Law
- Is Algorithmic Affirmative Action Legal?
- Automating the Risk of Bias
- The Impact of Emerging Information Technologies on the Employment Relationship: New Gigs for Labor and Employment Law
- Computers and Populism: Artificial Intelligence, Jobs and Politics in the Near Term
- Introduction: Automation, Artificial Intelligence, and Labour Protection
- The Racist Algorithm?
AI and Financial Systems
- Artificial Intelligence in Finance: Putting the Human in the Loop
- Artificial Intelligence, Machine Learning and Bias in Finance: Toward Responsible Innovation
- Towards Algorithm Auditing: A Survey on Managing Legal, Ethical and Technological Risks of AI, ML and Associated Algorithms
- Man Versus Machine: Complex Estimates and Auditor Reliance on Artificial Intelligence
- AI in Finance: A Review
- Machine Learning, Market Manipulation and Collusion on Capital Markets: Why the ‘Black Box’ matters
- A Meta-Learning approach to Model Uncertainty in Financial Time Series
- A Fresh Look at Internal Audit Framework at the Age of Artificial Intelligence (AI)
- Algorithmic Opacity, Private Accountability, and Corporate Social Disclosure in the Age of Artificial intelligence
- Big Data and Artificial Intelligence for Financial Inclusion: Benefits and Issues
- Competition Law for the Digital Era: A Complex Systems’ Perspective
- Artificial Intelligence, Finance, and the Law
- Artificial Intelligence and Trade
AI and Health
- Artificial Intelligence Against Covid-19: An Early Review
- Artificial Intelligence in Health Care: Applications and Legal Issues
- Privacy in Pandemic: Law, Technology, and Public Health in the COVID-19 Crisis
- Redescribing Health Privacy: The Importance of Information Policy
- Grand Bargains for Big Data: The Emerging Law of Health Information
- When AIs Outperform Doctors: Confronting the Challenges of a Tort-Induced Over-Reliance on Machine Learning
- Professional Judgment in an Era of Artificial Intelligence and Machine Learning
- Informed Consent and Medical Artificial Intelligence: What to Tell the Patient?
- The Ethics of AI in Biomedical Research, Patient Care and Public Health
- The Debate on the Ethics of AI in Health Care: A Reconstruction and Critical Review
- Ethical and Legal Challenges of Artificial Intelligence-Driven Healthcare
- Emergent Medical Data: Health Information Inferred by Artificial Intelligence
- What Should We Do About Artificial Intelligence in Health Care?
- Reimagining the Future of Healthcare Industry through Internet of Medical Things (IoMT), Artificial Intelligence (AI), Machine Learning (ML), Big Data, Mobile Apps and Advanced Sensors
- AI, Machine Learning, and Ethics in Health Care
- Of Regulating Healthcare AI and Robots
AI, Immigration and Human Rights
- The Big Data of International Migration: Opportunities and Challenges for States Under International Human Rights Law
- International Migration Management in the Age of Artificial Intelligence
- Digital Identity: Contemporary Challenges for Data Protection, Privacy and Non-Discrimination Rights
- Digital Assistant and beyond: Transforming Migration Law through AI
- Vulnerability on Trial: Protection of Migrant Children’s Rights in the Jurisprudence of International Human Rights Courts
- Algorithmic Jim Crow
AI, Race, and the Law
- The Disparate Impact of Digital Surveillance
- The Paradox of Automation as Anti-Bias Intervention
- Bias in, Bias Out
- Big Data’s Disparate Impact
AI Regulation
- Humans Forget, Machines Remember: Artificial Intelligence and the Right to Be Forgotten
- Big Data and Due Process: Toward a Framework to Redress Predictive Privacy Harms
- Where are Human Subjects in Big Data Research? The Emerging Ethics Divide
- Algorithmic regulation: A critical interrogation
- The Scope and Potential of FTC Data Protection
- Privacy’s Constitutional Moment and the Limits of Data Protection
- The Shifting Landscape of Global Internet Censorship
- Three Eras of Digital Governance
- Towards Intelligent Regulation of Artificial Intelligence
- Artificial Intelligence Policy: A Primer and Roadmap
- Binary Governance: Lessons from the GDPR’s Approach to Algorithmic Accountability
- AI and Algorithmic Bias: Source, Detection, Mitigation and Implications
- Private Accountability in the Age of Artificial Intelligence
AI and Surveillance
- Limitless Worker Surveillance
- The Inconsentability of Facial Surveillance
- Artificial Intelligence: Risks to Privacy and Democracy
- Artificial Intelligence Is Watching You at Work. Digital Surveillance, Employee Monitoring, and Regulatory Issues in the EU Context.
- Negotiating Governance and Control Over AI-Bosses at Work – Position Paper Presented at OECD Network of Experts on Artificial Intelligence (One AI)
AI and War
- Autonomous Weapon Systems and the Limits of Analogy
- War Torts: Accountability for Autonomous Weapons
- The Killer Robots Are Here: Legal and Policy Implications
- A Meaningful Floor for “Meaningful Human Control”
- The Varied Law of Autonomous Weapon Systems, in NATO Allied Command Transformation, Autonomous Systems: Issues for Defence Policy Makers
- War, Responsibility, and Killer Robots
- The Malicious Use of Artificial Intelligence: Forecasting, Prevention, and Mitigation
International/Comparative AI Regulation
- AI governance post-GDPR: Lessons learned and the road ahead
- Consumer Law and Artificial Intelligence: Challenges to the EU Consumer Law and Policy Stemming from the Business’ Use of Artificial Intelligence – Final report of the ARTSY project
- Why a Right to Explanation of Automated Decision-Making Does Not Exist in the General Data Protection Regulation
- A Right to Reasonable Inferences: Re-Thinking Data Protection Law in the Age of Big Data and AI
- Artificial Intelligence and the ‘Good Society’: The US, EU, and UK Approach
- Algorithmic Content Moderation on Social Media in EU Law: Illusion of Perfect Enforcement
- Can Everyday AI be Ethical? Machine Learning Algorithm Fairness
- Privacy and Data Protection in the Age of Pervasive Technologies in AI and Robotics — Vrije Universiteit Amsterdam (vu.nl)
- Territorial Scope and Data Transfer Rules in the GDPR: Realising the EU’s Ambition of Borderless Data Protection
- A Port in the Data-Sharing Storm: The GDPR and the Internet of Things
- Regulating ‘Platform Power
- Machine Learning, Cognitive Sovereignty and Data Protection Rights with Respect to Automated Decisions
- Company Law and Autonomous Systems: A Blueprint for Lawyers, Entrepreneurs, and Regulators
- Liability for AI Decision-Making: Some Legal and Ethical Considerations
- The Ethical and Legal Challenges of Artificial Intelligence: The EU response to biased and discriminatory AI
- Policy Approaches to Artificial Intelligence Based Technologies in China, European Union and the United States
Regulatory Approaches
- Online Tribunal Judgments and The Limits of Open Justice
- The ‘Zero-Hours Contract’: Regulating Casual Work, or Legitimating Precarity?
- The Regulatory State in the Information Age
- The Biopolitical Public Domain: The Legal Construction of the Surveillance Economy
- Privacy, Visibility, Transparency, and Exposure
- Internet Utopianism and the Practical Inevitability of Law
- A Right to Reasonable Inferences: Re-Thinking Data Protection Law in the Age of Big Data and AI
- Disparate Impact in Big Data Policing
- Regulating Artificial Intelligence Systems: Risks, Challenges, Competencies, and Strategies
- Regulation Tomorrow: What Happens When Technology is Faster than the Law?
- The Right to Contest AI
Books on AI and the Law
- Invisible Women: Data Bias in a World Designed for Men
- By Carolina Criado Perez
- Data Feminism
- By Catherine D’Ignazio and Lauren F. Klein
- The Atlas of AI: Power, Politics, and the Planetary Costs of Artificial Intelligence
- By Kate Crawford
- Design Justice: Community-Led Practices to Build the Worlds We Need
- By Sasha Costanza-Chock
- Black Software: The Internet & Racial Justice, from the AfroNet to Black Lives Matter
- By Charlton D. McIlwain
- Automation Anxiety: Why and How to Save Work
- By Cynthia Estlund
- Neuroscience and the Law: Brain, Mind, and the Scales of Justice
- Collection of papers by Michael S. Gazzaniga and Megan S. Steven, Laurence Tancredi, Henry T. Greely, and Stephen J. Morse.
- Race After Technology – Abolitionist Tools for the New Jim Code
- By Ruha Benjamin
- Algorithms of Oppression
- By Safiya Noble
- Weapons of Math Destruction
- By Cathy O’Neil
- The Reasonable Robot: Artificial Intelligence and the Law
- By Ryan Abbott
- New Laws of Robotics
- By Frank Pasquale
- Robot Rules
- By Jacob Turner
- The Quantified Worker (forthcoming in 2022)
- By Ifeoma Ajunwa
Teaching Media on AI and the Law:
- Documentary Films
- Coded Bias
- Persona
- The Social Dilemma
- In the Age of AI (Frontline)
- Lo and Behold, Reveries of the Connected World
- Open Source Stories: Road to AI
- Documentary Series
- The Age of A.I.