Democracy and Distrust in an Era of Artificial Intelligence
- URL: http://arxiv.org/abs/2601.09757v1
- Date: Wed, 14 Jan 2026 00:40:36 GMT
- Title: Democracy and Distrust in an Era of Artificial Intelligence
- Authors: Sonia Katyal,
- Abstract summary: I argue that the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities.<n>I outline what a theory of judicial review would look like in an era of artificial intelligence.
- Score: 0.0
- License: http://arxiv.org/licenses/nonexclusive-distrib/1.0/
- Abstract: This essay examines how judicial review should adapt to address challenges posed by artificial intelligence decision-making, particularly regarding minority rights and interests. As I argue in this essay, the rise of three trends-privatization, prediction, and automation in AI-have combined to pose similar risks to minorities. Here, I outline what a theory of judicial review would look like in an era of artificial intelligence, analyzing both the limitations and the possibilities of judicial review of AI. I draw on cases in which AI decision-making has been challenged in courts, to show how concepts of due process and equal protection can be recuperated in a modern AI era, and even integrated into AI, to provide for better oversight and accountability, offering a framework for judicial review in the AI era that protects minorities from algorithmic discrimination.
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