Washington Law Review


Professor Zarsky’s response is an erudite and thoughtful analysis of the discrimination concerns raised by our article, The Scored Society. We particularly appreciate his connection of themes in our article with literature on discrimination law. This historical awareness and theoretical sophistication demonstrates the deep continuity between our concerns and those of other legal scholars. Professor Zarsky has led us to realize that there are in fact several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political economy presented in our article. In this response, we clarify our antidiscrimination argument while showing that is only one of many bases for the critique of scoring practices. The concerns raised by Big Data may exceed the capacity of extant legal doctrines. Addressing the potential injustice may require the hard work of legal reform.`

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