Contestation Models

THE RIGHT TO CONTEST AI

Margot E. Kaminski* & Jennifer M. Urban**

Artificial intelligence (AI) is increasingly used to make important deci­sions, from university admissions selections to loan determina­tions to the distribution of COVID-19 vaccines. These uses of AI raise a host of con­cerns about discrimination, accuracy, fairness, and accountability.

In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues in­stead—or re­ally,...