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2 results

  • Online tribunal judgments and the limits of open justice

  • Zoe Adams, Abi Adams-Prassl, Jeremias Adams-Prassl
  • Journal:
    Legal Studies / Volume 42 / Issue 1 / March 2022
    Published online by Cambridge University Press:
    07 June 2021, pp. 42-60
    Print publication:
    March 2022

  • The principle of open justice is a constituent element of the rule of law: it demands publicity of legal proceedings, including the publication of judgments. Since 2017, the UK government has systematically published first instance Employment Tribunal decisions in an online repository. Whilst a veritable treasure trove for researchers and policy makers, the database also has darker potential – from automating blacklisting to creating new and systemic barriers to access to justice. Our scrutiny of existing legal safeguards, from anonymity orders to equality law and data protection, finds a number of gaps, which threaten to make the principle of open justice as embodied in the current publication regime inimical to equal access to justice.

  • 18 - Algorithmic Disability Discrimination

  • from Part VI - Quantifying Disability
  • Edited by I. Glenn Cohen, Harvard Law School, Massachusetts, Carmel Shachar, Harvard Law School, Massachusetts, Anita Silvers, San Francisco State University, Michael Ashley Stein, Harvard Law School, Massachusetts
  • Book:
    Disability, Health, Law, and Bioethics
    Published online:
    08 April 2020
    Print publication:
    23 April 2020, pp 242-254

  • Summary

    In the United States, a patchwork of privacy and antidiscrimination laws protects the rights of people with disabilities: the Health Information Portability and Accountability Act (HIPAA) protects disability-related patient data as it flows from one healthcare provider to another. If the information leaks out of the healthcare system, laws such as the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) can contain it and mitigate its effects. This patchwork of laws often succeeds in preventing disability discrimination. However, emerging technologies such as artificial intelligence (AI) are rendering it ineffective.