dorsal/arxiv
View SchemaDemocracy and Distrust in an Era of Artificial Intelligence
| Authors | Sonia Katyal |
|---|---|
| Categories | |
| ArXiv ID | 2601.09757vv1 |
| URL | https://arxiv.org/abs/2601.09757 |
| License | http://arxiv.org/licenses/nonexclusive-distrib/1.0/ |
Abstract
This essay examines how judicial review should adapt to address challenges posed by artificial intelligence decision-making, particularly regarding minority rights and interests. As I argue in this essay, the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities. Here, I outline what a theory of judicial review would look like in an era of artificial intelligence, analyzing both the limitations and the possibilities of judicial review of AI. I draw on cases in which AI decision-making has been challenged in courts, to show how concepts of due process and equal protection can be recuperated in a modern AI era, and even integrated into AI, to provide for better oversight and accountability, offering a framework for judicial review in the AI era that protects minorities from algorithmic discrimination.
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"abstract": "This essay examines how judicial review should adapt to address challenges posed by artificial intelligence decision-making, particularly regarding minority rights and interests. As I argue in this essay, the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities. Here, I outline what a theory of judicial review would look like in an era of artificial intelligence, analyzing both the limitations and the possibilities of judicial review of AI. I draw on cases in which AI decision-making has been challenged in courts, to show how concepts of due process and equal protection can be recuperated in a modern AI era, and even integrated into AI, to provide for better oversight and accountability, offering a framework for judicial review in the AI era that protects minorities from algorithmic discrimination.",
"arxiv_id": "2601.09757",
"authors": [
"Sonia Katyal"
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"license": "http://arxiv.org/licenses/nonexclusive-distrib/1.0/",
"title": "Democracy and Distrust in an Era of Artificial Intelligence",
"url": "https://arxiv.org/abs/2601.09757",
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