Virtual Library

A surprising number of Jews lived, literally and figuratively, "beyond the Pale" of Jewish Settlement in tsarist Russia during the half-century before the Revolution of 1917. Thanks to the availability of long-closed Russian archives, along with a wide range of other sources, Benjamin Nathans reinterprets the history of the Russian-Jewish encounter.

In the wake of Russia's "Great Reforms," Nathans writes, a policy of selective integration stimulated social and geographic mobility among the empire's Jews. The reaction that culminated, toward the turn of the century, in ethnic restrictions on admission to universities, the professions, and other institutions of civil society reflected broad anxieties that Russians were being placed at a disadvantage in their own empire. Nathans's conclusions about the effects of selective integration and the Russian-Jewish encounter during this formative period will be of great interest to all students of modern Jewish and modern Russian history.

Liberal and marxist theories of civil society contain a conceptual paradox of `civil society without citizenship'. This article shows how the paradox about civil society comes about through an under-theorization of the multivalent character of citizenship and rights, which in turn reflects a rather impoverished understanding of culture, discourse and symbolization. The discussion starts with two related questions about civil society: (1) where is the locus of citizenship in classical liberal and marxist theories of civil society; and (2) what implication does the conventional state-civil society distinction have for the notion of citizenship as a category of status and agency? It further distinguishes among three different theses of state-civil society relations in the two different theoretical traditions. The article will conclude by outlining an alternative theoretical strategy whereby to go beyond the conceptual impasse and to meet the challenge of globalization.

From an analysis of actual cases, three categories of bias in computer systems have been developed: preexisting, technical, and emergent. Preexisting bias has its roots in social institutions, practices, and attitudes. Technical bias arises from technical constraints of considerations. Emergent bias arises in a context of use. Although others have pointed to bias inparticular computer systems and have noted the general problem, we know of no comparable work that examines this phenomenon comprehensively and which offers a framework for understanding and remedying it. We conclude by suggesting that freedom from bias should by counted amoung the select set of criteria—including reliability, accuracy, and efficiency—according to which the quality of systems in use in society should be judged.

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies neither in the input data, nor in a particular algorithm, nor in algorithmic methodology per se. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future. This is as true of the subjective prediction that has long pervaded criminal justice as it is of the algorithmic tools now replacing it. Algorithmic risk assessment has revealed the inequality inherent in all prediction, forcing us to confront a problem much larger than the challenges of a new technology. Algorithms, in short, shed new light on an old problem.

Ultimately, the Article contends, redressing racial disparity in prediction will require more fundamental changes in the way the criminal justice system conceives of and responds to risk. The Article argues that criminal law and policy should, first, more clearly delineate the risks that matter and, second, acknowledge that some kinds of risk may be beyond our ability to measure without racial distortion—in which case they cannot justify state coercion. Further, to the extent that we can reliably assess risk, criminal system actors should strive whenever possible to respond to risk with support rather than restraint. Counterintuitively, algorithmic risk assessment could be a valuable tool in a system that supports the risky.

This article examines the intersection of two structural developments: the growth of surveillance and the rise of “big data.” Drawing on observations and interviews conducted within the Los Angeles Police Department, I offer an empirical account of how the adoption of big data analytics does—and does not—transform police surveillance practices. I argue that the adoption of big data analytics facilitates amplifications of prior surveillance practices and fundamental transformations in surveillance activities. First, discretionary assessments of risk are supplemented and quantified using risk scores. Second, data are used for predictive, rather than reactive or explanatory, purposes. Third, the proliferation of automatic alert systems makes it possible to systematically surveil an unprecedentedly large number of people. Fourth, the threshold for inclusion in law enforcement databases is lower, now including individuals who have not had direct police contact. Fifth, previously separate data systems are merged, facilitating the spread of surveillance into a wide range of institutions. Based on these findings, I develop a theoretical model of big data surveillance that can be applied to institutional domains beyond the criminal justice system. Finally, I highlight the social consequences of big data surveillance for law and social inequality.

We apply the concept of “biopolitical citizenship” to show how and with what consequences biology and medicine are mobilized as political techniques in the legal immigration procedures of permanent residency acquisition and family reunification. Medical examinations and DNA testing are employed by the U.S. state as objective sorting criteria in the immigration legal process. Based on qualitative examination of immigrants' and their attorneys' participation in the legalization process, we demonstrate how these biological screening mechanisms create added uncertainty and problems that disproportionately affect particular people. In this context, aspiring citizens undergo biological evaluations that appear transparent, objective, and democratic. However, because of how evaluations are structured, they actually lower the chances of certain individuals to succeed in their citizenship endeavors.

Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives.

Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior.

Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.

Originally published in 1938, this powerful, intensely dramatic book is the definitive account of the Haitian Revolution of 1794-1803, a revolution that began in the wake of the Bastille but became the model for the Third World liberation movements from Africa to Cuba. It is the story of the French colony of San Domingo, a place where the brutality of master toward slave was commonplace and ingeniously refined. And it is the story of a barely literate slave named Toussaint L'Ouverture, who led the black people of San Domingo in a successful struggle against successive invasions by overwhelming French, Spanish, and English forces and in the process helped form the first independent nation in the Caribbean.

In The Black Shoals, Tiffany Lethabo King uses the shoal--an offshore geologic formation that is neither land nor sea--as metaphor, mode of critique, and methodology to theorize the encounter between Black studies and Native studies. King conceptualizes the shoal as a space where Black and Native literary traditions, politics, theory, critique, and art meet in productive, shifting, and contentious ways. These interactions, which often foreground Black and Native discourses of conquest and critiques of humanism, offer alternative insights into understanding how slavery, anti-Blackness, and Indigenous genocide structure white supremacy. Among texts and topics, King examines eighteenth-century British mappings of humanness, Nativeness, and Blackness; Black feminist depictions of Black and Native erotics; Black fungibility as a critique of discourses of labor exploitation; and Black art that rewrites conceptions of the human. In outlining the convergences and disjunctions between Black and Native thought and aesthetics, King identifies the potential to create new epistemologies, lines of critical inquiry, and creative practices.

This book provides an analysis, from a psychological perspective, of the legacy that has been left to mankind by colonialism, starting with the relationship between blacks and whites. Fanon uses psychoanalysis and psychoanalytic theory to explain feelings of dependence and alienation experienced by blacks in the “world of whites.” Although it is still considered to be influential and of great contemporary relevance—cited, for example, by Palestinians and Afro-Americans—it was relatively unknown for several decades after its publication. It’s only since the 1980s that it has became an anti-colonial and anti-racist manifesto that is widely read and studied in Anglo-Saxon countries. Before then greater emphasis was placed on subsequently published works, of an explicitly revolutionary nature, offering a psychoanalytic explanation of colonial relations, nationalism, colonialism, and liberation movements.