Michael Perlin (New York Law School), Heather Ellis Cucolo (New York Law School), & Joanna Kulesza (University of Lodz – Faculty of Law and Administration) have posted Artificial Intelligence, Algorithmic Bias, and Mental Disability Law: Ethical Challenges and Regulatory Solutions on SSRN. Here is the abstract:
Artificial intelligence (AI) is poised to reshape judicial functions and legal decision-making, yet its impact on mental disability law remains underexplored. This paper examines how AI may influence constitutionally bound determinations in involuntary civil commitment, institutional retention and release, and refusal of treatment. While algorithmic bias has been widely studied in contexts of race and gender, its intersection with disability law—particularly for individuals in institutional settings—has received insufficient attention. Given the historical prevalence of bias against persons with mental disabilities, the integration of AI into these processes raises serious concerns about fairness and impartiality. To address these risks, we analyze global approaches, focusing on the European Union’s regulatory framework, which prioritizes preventing discriminatory outcomes in high-risk AI systems affecting vulnerable populations. We argue that U.S. jurisdictions should adopt similar safeguards to uphold constitutional protections and human rights principles as AI becomes embedded in mental disability law and policy.