PDF Version Introduction Risk assessment algorithms—statistical formulas that predict the likelihood a person will commit crime in the future—are used across the country to help make life-altering decisions in the criminal process, including setting bail, determining sentences, selecting probation conditions, and deciding parole.1 Yet many of these instruments are “black-box” tools. The algorithms they use are secret, both…
Essay
Algorithmic Risk Assessments and the Double-Edged Sword of Youth
By Megan T. Stevenson and Christopher Slobogin
Essay
Appointing Lesbian, Gay, Bisexual, Transgender and Queer Judges in the Trump Administration
By Carl Tobias
PDF Version President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of…
Essay
Free the Data! The Scramble to Access Data in Light of Schrems I & II
By Charlotte Young
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University. While Schrems was at Santa Clara, Ed Palmari, Facebook’s privacy lawyer, spoke to his class. It was during this lecture that Schrems received the ammunition that he needed to challenge the legitimacy of EU–U.S. data transfers.…
Essay
Appellate Jurisdiction in Sanchez-Gomez: A Hard Case That Should Be Easy
By Bryan Lammon
PDF Version Introduction In 2013, the Southern District of California adopted a rule requiring all criminal defendants to appear in full restraints—hands cuffed and connected to a waist chain, feet shackled and chained together—for most non-jury proceedings.1 There were a few exceptions, including appearances at sentencing. And a defendant could ask the district court to have the shackles…
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Presidential Powers, Immunities, and Pardons