The 2010s have been a momentous decade for Medicaid. With enrollment of over seventy-two million people (19% of the country’s population), Medicaid is the nation’s largest public health insurance program, and it is the primary or sole source of health insurance for vulnerable groups such as low-income children and pregnant women, adults with disabilities, and […]
Administrative Law
Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and...
Introduction The majority of vehicles on California’s vast network of roads make considerable use of information technology. Although most are not yet capable of anything approaching fully autonomous driving, already it is possible to witness something like the following scene. A driver steering one vehicle spies a newer car’s reflection in the rear-view mirror. The […]
As the use of predictive technology expands, an increasing number of states have passed legislation encouraging or requiring judges to incorporate recidivism risk assessment algorithms into their bail, parole, and sentencing determinations. And while these tools promise to reduce prison overcrowding, decrease recidivism, and combat racial bias, critics have identified a number of potential constitutional issues that stem from the use of these algorithms....
In early 2018, the federal government announced that it would ask every person in the country about their citizenship status on the 2020 Census. Controversy immediately followed. The Constitution makes the decennial census the federal government’s very first express responsibility; it drove existential questions about representation and funding in 1790 and has become no less important in the centuries since. Many observers, including several...
Like police officers patrolling the streets for crime, the front lines for most large business regulators—Environmental Protection Agency engineers, Consumer Financial Protection Bureau examiners, and Nuclear Regulatory Commission inspectors, among others—decide when and how to enforce the law. These regulatory monitors guard against toxic air, financial ruin, and deadly explosions. Yet whereas scholars devote considerable attention to police...