In the internet’s earliest days, all we saw was its promise. The nascent technology was celebrated for its ability to connect strangers and to ease the purchase of staples. Internet evangelizers promised a transformation in public dialogue and commerce – if law got out of the way, just as it had when the early railways and steam-run factories got their start. American lawmakers sided with the new inventors, young men (yup, all men) who made assurances that they could be trusted with our safety and privacy. In 1996, US Congress passed Section 230 of the Communications Decency Act, which secured a legal shield for online service providers that under- or over-filtered third-party content (so long as aggressive filtering was done in good faith). It meant that tech companies were immune to lawsuits when they removed, or didn’t remove, something a third party posted on their platforms. But, thanks to overbroad court rulings, Section 230 ended up creating a law-free zone. The US has the ignominious distinction of being a safe haven for firms hosting illegality. This isn’t just an American pathology: Because the dominant social media companies are global, illegality they host impacts people worldwide. Indeed, safety ministers in South Korea and Australia tell me that they can help their citizens only so much, since abuse is often hosted on American platforms. Section 230 is to social media companies what the Cayman Islands has long been to the banking industry.
Academic and market interest in environmental, social, and governance (ESG) investing has grown markedly in recent years. Although less prominent, a...
As our nation emerges from the shadow of COVID-19, the general public is coming to grips with a stark reality looming over our public schools...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
Anyone who studies trade secret law in depth knows that the field is complex and nuanced. That complexity can be intimidating to novices. Accordingly...
Anyone who studies patent law in depth knows that the field is complex and nuanced. That complexity can be intimidating to novices. Accordingly, the...
There have been many many, many proposals to use Russia’s frozen assets to help Ukraine. Russia’s invasion violated international law; reparations are...
After several years of dramatic growth, ESG investing seems to have entered a period of retrenchment. While it is impossible to predict the future...
Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...
Although ethical critiques of markets are longstanding, modern academic debates about the “moral limits of markets” (MLM) tend to be fairly limited in...
Liberalism is back on its heels, pushed there by political movements in the United States and Europe and by the critiques of legal scholars and...
Cyber stalking involves repeated, often relentless targeting of someone with abuse. Death and rape threats may be part of a perpetrator’s playbook...
In the last few years, the Supreme Court has upended its doctrine of religious freedom under the First Amendment. The Court has explicitly rejected...
There is a live debate going on over whether antitrust should take a broader view of the economics of market concentration. When antitrust reformers...
Consequential damages have been a cornerstone of contract doctrine since the broken crankshaft in Hadley v. Baxendale. And the Hadley rule is one of...
The number of law firm partners who identify as women has more than doubled since 1993. Will these gender parity advances regress as employers curb...
In New York Times v. Sullivan (1964), the Supreme Court began adopting First Amendment restrictions on liability for defamation and other speech torts...
Contract terms that improve or reduce the likelihood of repayment of a debt should impact its price. That’s basic economics. But what about a contract...
Over the past twenty-five years, Congress has enacted several major reforms for employer-sponsored retirement plans and individual retirement accounts...