LawTech Center

LawTech Center

LawTech Center

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Research

Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and... MORE
A number of technological and political forces have transformed the once staid and insider dominated notice-and-comment process into a forum for... MORE
Section 230 is finally getting the clear-eyed attention that it deserves. No longer is it naive to suggest that we revisit the law that immunizes... MORE
Violations of intimate privacy can be never ending. As long as nonconsensual pornography and deepfake sex videos remain online, privacy violations... MORE
Campaigns’ increasing reliance on data-driven canvassing has coincided with a disquieting trend in American politics: a stark gap in voter turnout... MORE
Russia’s invasion of Ukraine has put to the test theories about how cyberattacks fit into conventional war. Contrary to many expectations, cyber... MORE
The requirement of harm has significantly impeded the enforcement of privacy law. In most tort and contract cases, plaintiffs must establish that... MORE
This article examines the complaint that arbitrary algorithmic decisions wrong those whom they affect. It makes three contributions. First, it... MORE
In 2021, the United States and other governments formally blamed Russia for a wide-ranging hacking campaign that breached the update process for... MORE
This article argues that the fact that an action will compound a prior injustice counts as a reason against doing the action. I call this reason The... MORE
In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like... MORE
Some who should know argue, and I find plausible, that among these aspects of AI, accumulation and organization of data sets is the most significant... MORE
There has been an explosion of concern about use of computers to make decisions – from hiring to lending approvals to setting prison terms –... MORE
Few issues have aroused more interest of late than the role of “platforms” in the economy. The Supreme Court has recently made the what is likely to... MORE
Through the standing doctrine, the U.S. Supreme Court has taken a new step toward severely limiting the effective enforcement of privacy laws. The... MORE
The present study examined whether a defense rebuttal expert can effectively educate jurors on the risk that the prosecution's fingerprint expert... MORE
Intimate life is under constant surveillance. Firms track people’s periods, hot flashes, abortions, sexual assaults, sex toy use, sexual fantasies,... MORE
We evaluate the impacts of adopting algorithmic risk assessments as an aid to judicial discretion in felony sentencing. We find that judges'... MORE
Cyberattacks have the potential to cause simultaneous, very large losses to numerous firms across the globe, thus resulting in a cyber “catastrophe... MORE
We introduce the first ideology measure covering every non-Supreme-Court Article III judge on a single scale. The dataset comprises dynamic, interval... MORE
When a state seeks to defend itself against a cyberattack, must it first identify the perpetrator responsible? The US policy of “defend forward” and... MORE
The process of searching for relevant legal materials is fundamental to legal reasoning. However, despite its enormous practical and theoretical... MORE
The legitimacy of the administrative state is premised on our faith in agency expertise. Despite their extra-constitutional structure, administrative... MORE
As Congress considers possible federal regulation of facial recognition technology in the US, it is important to understand the way in which this... MORE
A robust public debate is currently underway about the responsibility of online platforms. We have long called for this discussion, but only recently... MORE
We examine the microeconomics of using algorithms to nudge decision-makers toward particular social outcomes. We refer to this as "algorithmic social... MORE
Algorithmic decision making is both increasingly common and increasingly controversial. Critics worry that algorithmic tools are not transparent,... MORE
U.S. constitutional law prohibits the use of sex as a proxy for other traits in most instances. For example, the Virginia Military Institute [VMI]... MORE
This Essay argues that EU taxpayers may challenge digital services taxes as violations of EU law. Specifically, because they exempt all but the very... MORE
Attribution of cyberattacks requires identifying those responsible for bad acts, prominently including states, and accurate attribution is a crucial... MORE
Those who wish to control, expose, and damage the identities of individuals routinely do so by invading their privacy. People are secretly recorded... MORE
U.S. technology companies are increasingly standing as competing power centers that challenge the primacy of governments. This power brings with it... MORE
Attribution of state-sponsored cyberattacks can be difficult, but the significant uptick in public attributions in recent years has proven that... MORE
Harmful lies are nothing new. But the ability to distort reality has taken an exponential leap forward with “deep fake” technology. This capability... MORE
Every generation’s intimates have their preferred modes of self-disclosure. Not long ago, intimate partners exchanged love letters and mixed tapes.... MORE
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual... MORE
Artificial intelligence, or AI, promises to assist, modify, and replace human decision-making, including in court. AI already supports many aspects... MORE
This article is one of the first to explore minors, digital assets, and estate planning. It argues that there are special considerations when it... MORE
At the dawn of the Internet’s emergence, the Supreme Court rhapsodized about its potential as a tool for free expression and political liberation. In... MORE
A healthy system of shareholder voting is crucial for any regime of corporate law. The proper allocation of governance power is subject to debate,... MORE
Today, patients emanate increasing quantities of health information. However, not all health data are created equal. Questions regarding technology... MORE
We argue that the high revenue triggers in proposed digital taxes — including the recent Franco-German proposal for a digital advertising tax — may... MORE
This article describes Wayfair and provides some cautions about what it means for the U.S. states and the rest of the world, especially Europe. It... MORE
In lawsuits about data breaches, the issue of harm has confounded courts. Harm is central to whether plaintiffs have standing to sue in federal court... MORE
At sentencing, youth can be considered both a mitigating circumstance because of its association with diminished culpability and an aggravating... MORE
Recently, a cacophony of concerns have been raised about the propriety of noncompetition agreements (NCAs) entered into between employers and... MORE
Scholars and courts generally see the harms of state surveillance as arising from the actual or potential misuse of information. State surveillance... MORE
Data’s intangibility poses significant difficulties for determining where data is located. The problem is not that data is located nowhere, but that... MORE
Calls for public-private partnerships to address U.S. cybersecurity failures have become ubiquitous. But the academic literature and public debate... MORE
Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has... MORE
This chapter addresses the appropriate treatment of a person's digital life when the account holder can no longer manage it. As the Internet becomes... MORE
Computer crime statutes prohibit accessing a computer without “authorization.” In recent years, this element has attracted considerable controversy... MORE
The ‘social cost of carbon’ is an economic concept that represents – in monetary net present value terms – the damages caused by the emission of a... MORE
Recent years have witnessed a dramatic increase in digital information and connected devices, but constant revelations about hacks make painfully... MORE
How would society react to “the Watcher,” a technology capable of efficiently, unerringly, and immediately reporting the perpetrator of virtually... MORE
Concerns about cyberwar, cyberespionage, and cybercrime have burst into focus in recent years. The United States and China have traded accusations... MORE
As part of a symposium on cyberwar, this invited contribution explores the challenges that new technologies pose for international law. Borrowing... MORE
The latest spying craze is the “stalking app.” Once installed on someone’s cell phone, the stalking app provides continuous access to the person’s... MORE
There are several normative theories of jurisprudence supporting our critique of the scored society, which complement the social theory and political... MORE
Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees,... MORE
This Article explores the impact of federal law on a state fiduciary’s management of digital assets. It focuses on the lessons from the Stored... MORE
Constitutions are commonly thought to express nations’ highest values. They are near-universally proclaimed in the name of “We the People” and... MORE
Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal... MORE
We are at the cusp of a historic shift in our conceptions of the Fourth Amendment driven by dramatic advances in surveillance technology. Governments... MORE
No longer confined to isolated corners of the web, cyber hate now enjoys a major presence on popular social media sites. The Facebook group “Kill a... MORE
In 1890, Samuel Warren and Louis Brandeis proposed a privacy tort and seventy years later, William Prosser conceived it as four wrongs. In both eras... MORE
New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging... MORE
Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains... MORE
In tort law, the doctrine of contributory negligence captures conduct by the plaintiff which falls below the standard to which he should conform for... MORE
Social networking sites and blogs have increasingly become breeding grounds for anonymous online groups that attack women, people of color, and... MORE
The study of contract law is undergoing a difficult transition as it moves from the theoretical to the empirical. Over the past few decades scholars... MORE
Automated information systems offer an opportunity to improve the democratic legitimacy of the administrative state. Today, agencies transfer crucial... MORE
Distinct and complementary procedures for adjudications and rulemaking lie at the heart of twentieth-century administrative law. Due process required... MORE
When a trade secret owner discovers its trade secrets have been posted on the Internet, there is currently no legislative mechanism by which the... MORE
Since September 11, 2001, the Bush administration has repeatedly invoked the state secrets privilege in cases challenging executive conduct in the... MORE
When a trade secret is stolen from its owner and posted on the Internet, the default rule is that it becomes a free for all. By virtue of the fact... MORE
Should an employer be able to enjoin an employee from working for a competitor when the employee did not sign a non-competition agreement? Under the... MORE
Sometimes technological change is so profound that it rocks the foundations of an entire body of law. Peer-to-peer (P2P) filesharing systems -... MORE
One of the most important features of the architecture of the Internet is the Domain Name System (DNS), which is administered by the Internet... MORE