In 2018, Congress rightly highlighted the problem of sex trafficking, which is a moral abomination and vicious scourge. It condemned sites like Backpage.com that helped sex traffickers accomplish their crimes while profiting handsomely. But the legislative outcome of this congressional focus, the Fighting Online Sex Trafficking Act of 2018, has done little to curtail sex trafficking. Indeed, that law has made life more dangerous for sex workers and created difficulties for prosecutors pursuing cases against sex traffickers. Congress wasn’t wrong to focus its energies on content platforms enabling harmful illegality. But FOSTA wasn’t the right way to incentivize platforms to tackle illegal sex trafficking, let alone other forms of destructive illegality.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
Large language models (LLMs) now perform extremely well on many natural language processing tasks. Their ability to convert legal texts to data may...
Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...
The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...
Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...
In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a...
The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage if the Supreme Court overrules...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...
This chapter provides an overview of computational text analysis techniques used to study judicial behavior and decision-making. As legal texts become...
Moore v. United States raises the question whether unrealized gains, such as an increase in property value or a stock portfolio, constitute “incomes...
Gradualism should have won out in Dobbs v. Jackson Women’s Health, exerting gravitational influence on the majority and dissenters alike. In general...