Technology

Discrimination Notes

Beyond Intent: Establishing Discriminatory Purpose in Algorithmic Risk Assessment

Vol. 134 No. 5 March 2021 Equal protection doctrine is bound up in conceptions of intent. Unintended harms from well-meaning persons are, quite simply, nonactionable. This basic predicate has erected...

Criminal Procedure Recent Case

United States v. Cano

Ninth Circuit Limits the Scope of Warrantless Cell Phone Searches at the Border.

Vol. 133 No. 8 June 2020

Technology Book Review

Economies of Surveillance

Vol. 133 No. 4 February 2020 [I]n or about December, 1910, human character changed. — Virginia Woolf It was an age of innovation and a time of dispossession. By sweeping...

Technology Articles

A Skeptical View of Information Fiduciaries

Vol. 133 No. 9 December 2019 The concept of “information fiduciaries” has surged to the forefront of debates on online-platform regulation. Developed by Professor Jack Balkin, the concept is meant...

Financial Regulation Recent Guidance

SEC, Framework for “Investment Contract” Analysis of Digital Assets (2019)

SEC Provides Analytical Tools for Assessing Digital Assets.

Vol. 132 No. 8 June 2019

Policing Book Review

Digitizing the Carceral State

Vol. 132 No. 6 April 2019 Many life-changing interactions between individuals and state agents in the United States today are determined by a computer-generated score. Government agencies at the local,...

Dorothy E. Roberts

Financial Regulation Recent Policy Statement

Office of the Comptroller of the Currency, Policy Statement on Financial Technology Companies’ Eligibility to Apply for National Bank Charters

OCC Allows Fintech Companies to Apply for National Bank Charters.

Vol. 132 No. 4 February 2019

Fourth Amendment Case Comment