Democracy and Distrust in an Era of Artificial Intelligence
Fuente:
arXiv
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| Autore principale: | |
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| Natura: | Preprint |
| Pubblicazione: |
2026
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| _version_ | 1866909990754713600 |
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| author | Katyal, Sonia |
| author_facet | Katyal, Sonia |
| contents | 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. |
| format | Preprint |
| id |
arxiv_https___arxiv_org_abs_2601_09757 |
| institution | arXiv |
| publishDate | 2026 |
| record_format | arxiv |
| spellingShingle | Democracy and Distrust in an Era of Artificial Intelligence Katyal, Sonia Computers and Society Artificial Intelligence 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. |
| title | Democracy and Distrust in an Era of Artificial Intelligence |
| topic | Computers and Society Artificial Intelligence |
| url | https://arxiv.org/abs/2601.09757 |