Vol. 118 No. 5

Antidiscrimination Testers
Note

TESTING THE LIMITS OF THE FIRST AMENDMENT: HOW ONLINE CIVIL RIGHTS TESTING IS PROTECTED SPEECH ACTIVITY

Komal S. Patel *

This Note assesses First Amendment freedom of speech claims with regard to online civil rights testing. Transactions that have conventionally occurred in person are now more often completed online, and providers transacting online have been increasingly using algo­rithms that synthe­size users’ data. While these algorithms are helpful tools, they may also be yielding discriminatory results, whether inten­tionally or unintentionally.

In[...]

Criminal Law
Article

THE HIDDEN LAW OF PLEA BARGAINING

Andrew Manuel Crespo*

The American criminal justice system is a system of pleas. Few who know it well think it is working. And yet, identifying plausible strategies for law reform proves challenging, given the widely held scholarly assumption that plea bargaining operates “beyond the shadow of the law.” That assumption holds true with respect to substantive and constitutional criminal law—the two most studied bodies of law in the criminal justice system—neither[...]