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Volume 77, Issue 1


Article

Speech Certainty: Algorithmic Speech and the Limits of the First Amendment

by  Mackenzie Austin & Max Levy

Machine learning algorithms increasingly mediate our public discourse—from search engines to social media platforms to artificial intelligence companies. As their influence on online speech swells, so do questions of whether and how the First Amendment may apply to their output. A growing chorus of scholars has expressed doubt over whether the output of machine learning…

Article

Stereotypes as Character Evidence

by  Hillel J. Bavli

Base rate evidence often connects a defendant to an act through the defendant’s membership in a certain population. It includes evidence arising from forensic analysis, criminal profiling, statistical analysis, artificial intelligence, and many other common and emerging scientific methods. But while this evidence is prevalent in civil and criminal trials, it is poorly understood, and…

Article

Asset Forfeiture and Inequality

by  Stephanie Holmes Didwania

Under the law of asset forfeiture, a person loses ownership of money and property that were used in or constitute the proceeds of a crime. Asset forfeiture is a significant financial consequence for people who have (in some cases, tenuous) contact with the criminal system. Asset forfeiture also is a crucial way that federal, state,…

Note

Gunmaking at the Founding

by  Graham Ambrose

Homemade guns are being used in a growing number of crimes across the United States, creating what gun control organizations describe as the fastest-growing threat to public safety in America. States and the federal government are cracking down. New laws criminalize gunmaking without a license, prohibit the sale or transfer of homemade guns, and even…