Abstract In the face of current technological developments and the uptake in use of opaque algorithmic systems, democracy requires to strengthen the rule of law wherever public or private actors use algorithmic systems. The law must set out the requirements on AI systems’ creation, documentation and use that are necessary in a democratic society and organize appropriate accountability and...
Introduction: Generating Governance - An Essay Series on Strategies and Challenges in AI Regulation
In this essay series, the authors explore different aspects of emerging AI governance regimes. Though about quite different topics, the essays have many common threads. Several of the essays demonstrate that many of the difficulties with AI governance are less challenges of AI than challenges of governance generally—navigating power struggles and competing interests, getting buy-in, and avoiding...
Standing on Our Own Two Feet: Disability Justice as a Frame for Reimagining Our Ableist Immigration System
Abstract Ableism forms the scaffolding of our immigration laws, policies, and practices, but the operation of this pervasive form of exclusion has been grossly unacknowledged and understudied until now. In 1882, Congress first codified the exclusion of defective bodies by declaring that, “any lunatic, idiot, or any person unable to take care of himself or herself without becoming a public...
Punishing Gender
Abstract As jurisdictions across the country grapple with the urgent need to redress the impact of mass incarceration, there has been renewed interest in reforms that reduce the harms punishment inflicts on women. These "gender-responsive" reforms aim to adapt traditional punishment practices that, proponents claim, were designed "for men." The push to change how we punish based on gender...
“Loathsome and Dangerous”: Time to Remove Syphilis and Gonorrhea as Grounds for Inadmissibility
Abstract In this Comment, I examine the ways the United States has managed its borders and population through health-based exclusions that often serve as a proxy for race-based exclusions. I look specifically at how two sexually-transmitted infections (STIs)—syphilis and gonorrhea—became and remain grounds for inadmissibility. Since 1891, certain noncitizens entering the U.S. must be screened for...
Death by Withdrawal
Abstract No one deserves to die just because they use drugs. Yet, policies and practices in jails and prisons around the country continue to facilitate the death, pain, and suffering of people who use drugs by refusing to properly screen and medically manage withdrawal for persons in custody. In Estelle v. Gamble, the U.S. Supreme Court established a constitutional right for incarcerated persons...
Episode 9.1: Race, Professionalism, and White Supremacy with Leah Goodridge
Welcome to the inaugural episode of Dialectic volume 72! In this episode, host Kyler McVoy and guest Leah Goodridge discuss the racial dynamics of professionalism and its origin in settler-colonial and white supremacist ideologies, expanding on Leah's recently published essay: Professionalism as a Racial Construct. Dialectic UCLA Law Review · Race, Professionalism, and White Supremacy with Leah...
Dirty SOEs
Abstract Among the world’s largest polluters, state-owned enterprises (SOEs), not privately controlled businesses, are the greatest contributors to global industrial emissions. SOEs are major contributors to fossil-fuel-related carbon emissions, so understanding how to engage SOEs in combating climate change is essential. Because SOEs do not respond to all of the same pressures and incentives as...