top of page

Santa Clara Law Review


FORMAL NEUTRALITY AND UNEQUAL LIABILITY: HOW ALGORITHMIC AVERSION DISTORTS LIABILITY FOR ALGORITHMIC TORTS
Abstract: The shift in the cause of machine-induced harm from mechanical failures to algorithmic decision- making is challenging the applicability of products liability. Because algorithms now operate machines analogously to humans, a doctrinally coherent response is to subject algorithmic torts to a negligence framework that evaluates the reasonableness of decisions rather than the content of algorithms. This approach offers a theoretically grounded, formally neutral, and n
Jingkang Gao
bottom of page