Florida A&M University - Florida State University College of Engineering
Florida State University College of LawNot a member yet
4903 research outputs found
Sort by
Fair Housing Act at 50: Challenging the Disparate Impact of Predictive Analytics
Get PDFThe year 2018 marked the 50th Anniversary of the enactment of the Fair Housing Act. Although there have been mixed reviews on the success of the Act in reaching its goals of eradicating discrimination from the housing market and of affirmatively furthering fair housing, one thing remains clear-the Act must evolve and react to changing technologies to reach its full potential in the twenty-first century. Gone are the days where housing providers violate the Act by advertising homes to whites only or with statements that say, Irish need not apply. Today, housing providers can discriminate by relying on predictive algorithms that feed off of the massive amounts of data-gathering techniques that exist in the digital world. Instead of refusing to advertise to Latino or African-American families outright, housing providers can devise algorithms that exclude Latinos or African-Americans based on stand-in data or proxies. Given the secretive nature of these algorithms, it can be nearly impossible to prove an intent to discriminate based on a protected class. This Note explores how the disparate-impact theory of liability under the Fair Housing Act can be used to challenge discriminatory algorithms and the data that forms them, specifically in regard to advertising. This Note explores how some data points within algorithms exist only to create disparate impacts on protected classes without having any ties to a legitimate housing purpose. Part I will introduce the scope of the issue and the detrimental effects that housing segregation can have on our communities. Part II will provide an analysis of the Fair Housing Act and how it applies to discriminatory advertising. Part III will describe big data, predictive analytics, and how housing providers have the potential to gather large amounts of information on individuals in the housing market. Finally, Part IV will apply the Fair Housing Act\u27s disparate-impact theory of liability to the algorithms that shape decisions about how to advertise housing and discuss the challenges within. Addressing the disparate impact of predictive analytics will be difficult in practice. Yet, in the era of Big Data, it is essential to be at the forefront of changing technologies to protect those who are most vulnerable in our society
Thinking Quantum: A New Perspective on Decisionmaking in Law
Get PDFBehavioral law and economics (BLE) is built on the observation that human decisionmaking is often incompatible with rational choice theory. But if our decisions do not follow the rules of rational choice theory, is there a general set of rules they do follow? Can BLE offer a coherent alternative to rational choice? To the extent it has addressed these questions, BLE has struggled with them. But an emerging psychological theory called quantum decisionmaking may offer answers. Quantum decisionmaking offers a new perspective on how people think about probabilities-one that challenges core assumptions of rational choice theory. Specifically, quantum decisionmaking assumes that probabilisticj udgments arep rone to systematic path dependencies. Your next judgment is apt to be influenced by your last judgment, which was likely influenced by the one before that. By incorporating such dependencies, quantum models of decisionmaking can account for classically rational decisions and a variety of the heuristics and biases that animate BLE. Quantum decisionmaking has theoretical and practical implications for law. On a theoretical level, quantum decisionmaking conceptually unifies what has sometimes been characterized as BLE\u27s ad hoc list of heuristics and biases. More practically, quantum decisionmaking highlights the important role that sequence plays in law\u27s choice architecture, and generates new, testable predictions about a variety of important law-related decisions. We identify and explore eight such predictions, which concern issues ranging from juror decisionmaking to witness lineups to policing
Privacy Remedies
Get PDFWhen consumers sue companies for privacy-intrusive practices, they are often unsuccessful. Many cases fail in federal court at the motion to dismiss phase because the plaintiff has not shown the privacy infringement has caused her concrete harm. This is a symptom of a broader issue: the failure of courts and commentators to describe the relationship between privacy rights and privacy remedies. This Article contends that restitution is the normal measure of privacy remedies. Restitution measures relief by economic gain to the defendant. If a plaintiff can show the likely ability to recover in restitution, that should be sufficient to pass muster at the motion to dismiss phase even if the court is unconvinced that the plaintiff could show a case for compensatory damages flowingfrom harm. This argument intervenes in the scholarly literature in two ways. First, it supports the realist perspective that remedies are constitutive of rights. The election of restitution as a remedy suggests that privacy should be conceptualized in tort as quasi-property,a nd that contract and/or restitution claims should be a standardp art of privacy infringement pleadings. Second, it challenges the view that defining specific and stronger privacy rights at law would be sufficient to increase privacy protectior If any privacy rights are to exist at all, they must be linked to proportional, accessible remedies
FSU Law Focus - 11/01/2019
Get PDFFrom the Dean: 2019 Homecoming festivities; Faculty Profile: Nathan Wadlinger; Alum Profile: Bailey Howard (’17); Student Profile: 3L Caitlin Hardenhttps://ir.law.fsu.edu/fsu-law-focus/1030/thumbnail.jp
FSU Law Focus - 12/12/2019
Get PDFFrom the Dean: Volunteers needed for Optional Interview Programhttps://ir.law.fsu.edu/fsu-law-focus/1067/thumbnail.jp
FSU Law Focus - 06/28/2019
Get PDFFrom the Dean: Annual Fund campaign; Prof. Logan’s Scholarship Cited in U.S. Supreme Court Dissent; Alum Profile: Elizabeth Chamblee Burch (’04); Student Profile: 2019 Grad Carter McMillanhttps://ir.law.fsu.edu/fsu-law-focus/1173/thumbnail.jp
FSU Law Focus - 01/11/2019
Get PDFFrom the Dean: New beginnings; Faculty Profile: John F. Yetter; Alum Profile: Matthew Z. Leopold (’04); Student Profile: 3L Alexander Cardhttps://ir.law.fsu.edu/fsu-law-focus/1394/thumbnail.jp
