Disparate Impact

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Good Trouble
Girardeau A. Spann
Copyright © 2020 by Girardeau A. Spann. James and Catherine Denny Professor of Law, Georgetown University Law Center.

I would like to thank Richard Chused, Lisa Heinzerling, Pat King, Mike Seidman, and Mark Tushnet for their help in developing the ideas expressed in this Essay. Research for this Essay was supported by a grant from the Georgetown University Law Center.

The widespread, controversial protests against racial injustice that began in the spring of 2020 offer hope that U.S. culture may be evolving to a more sophisticated conception of racial equality.

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Affirmative Algorithms: The Legal Grounds for Fairness as Awareness
Daniel E. Ho
Daniel E. Ho is the William Benjamin Scott and Luna M. Scott Professor of Law, Professor of Political Science, Senior Fellow at the Stanford Institute for Economic Policy Research, Associate Director for the Stanford Institute for Human-Centered Artificial Intelligence (HAI), and Director of the Regulation, Evaluation, and Governance Lab.
Alice Xiang
Alice Xiang is the Head of Fairness, Transparency, and Accountability Research at the Partnership on AI.

The authors thank Alexandra Chouldechova, Jacob Goldin, Peter Henderson, Jessica Hwang, Mark Krass, Patrick Leahy, Laura Trice, and Chris Wan for helpful comments. Authors are listed alphabetically and have equally contributed to this work.

Acentral concern with the rise of artificial intelligence (AI) systems is bias.