Militaries may soon begin to develop and deploy predictive algorithms for use during armed conflicts to help them assess which actors are dangerous for purposes of detention and where future attacks are likely to occur for purposes of patrolling and targeting. The U.S. criminal justice system has already turned to predictive algorithms to help it make more objective judgments about who to keep in custody and more efficient decisions about where to deploy police resources. In a recent article called Predicting Enemies, I wrote about this possibility and discussed the parallels between goals such as these on the military side and those of the U.S. criminal justice system. Here, I build upon that article, highlighting important additional considerations that militaries should weigh as they evaluate how predictive algorithms can help them perform their missions.
National security decisions pose a paradox: they are among the most consequential a government can make, but are generally the least transparent to...
This essay considers the future of public-private collaboration in the wake of the Murthy v. Missouri litigation, which cast doubt on the...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
Large language models (LLMs) now perform extremely well on many natural language processing tasks. Their ability to convert legal texts to data may...
Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
We live in an age of student surveillance. Once student surveillance just involved on-campus video cameras, school resource officers, and tip lines...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...
This chapter provides an overview of computational text analysis techniques used to study judicial behavior and decision-making. As legal texts become...
The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for...
Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...
A crucial first step in addressing intimate-image abuse is its proper conceptualization. Intimate-image abuse amounts to a violation of intimate...
“Dignity” is a rallying cry of social and political movements worldwide. It also appears in legal doctrine and scholarship. But the meaning of dignity...
Working hand-in-hand with the private sector, largely in a regulatory vacuum, policing agencies at the federal, state, and local level are acquiring...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that...
A resilience agenda is an essential part of protecting national security in a digital age. Digital technologies impact nearly all aspects of everyday...