Discrimination in the Age of Algorithms. (22nd April 2019)

• Record Type: Journal Article
• Authors: Kleinberg, Jon; Ludwig, Jens; Mullainathan, Sendhil; Sunstein, Cass R
• Is Part Of: Journal of legal analysis. Volume 10(2018)
• Page Start: 113
• Page End: 174
• Publication Date: 2019-04-22
• Subjects: Jurisprudence -- United States -- Periodicals; Law -- United States -- Periodicals; 347.7305
• DOI: 10.1093/jla/laz001
• Languages: English
• ISSNs: 2161-7201

Abstract

Abstract: The law forbids discrimination. But the ambiguity of human decision-making often makes it hard for the legal system to know whether anyone has discriminated. To understand how algorithms affect discrimination, we must understand how they affect the detection of discrimination. With the appropriate requirements in place, algorithms create the potential for new forms of transparency and hence opportunities to detect discrimination that are otherwise unavailable. The specificity of algorithms also makes transparent tradeoffs among competing values. This implies algorithms are not only a threat to be regulated; with the right safeguards, they can be a potential positive force for equity.