Fake News and the First Amendment

Mark Verstraete and I are at a great symposium on Fake News and the First Amendment, run by UNC-Chapel Hill’s First Amendment Law Review. We will have a draft of our article available soon – for now, here’s a link to our white paper on fake news. Many thanks to Mary-Rose Papandrea, David Ardia, and […]

Information Libertarianism

Jane and I have a new article coming out in volume 105 of California Law Review, titled Information Libertarianism. Here’s the abstract: Recent First Amendment precedent is widely attacked as unprincipled: a deregulatory judicial agenda disguised as free speech protection. The scholarly consensus is mistaken. Descriptively, free speech protections scrutinize only information regulation, usefully pushing […]

Shark Tanks and Cybersecurity

It’s the most wonderful time of the year… for data breaches. Target may have compromised as many as 40 million credit and debit cards used by shoppers in their stores. What liability will they face? At George Mason’s excellent workshop on cybersecurity, there was a spirited debate over the mechanisms of enforcing security standards. (This […]

Santorum: Please Don’t Google

If you Google “Santorum,” you’ll find that two of the top three search results take an unusual angle on the Republican candidate, thanks to sex columnist Dan Savage. (I very nearly used “Santorum” as a Google example in class last semester, and only just thought better of it.) Santorum’s supporters want Google to push the, […]

Re-thinking HIV Criminalization

My friend and colleague Margo Kaplan has posted a smart, provocative new paper to SSRN, titled “Restoring Reason to HIV-Exposure Laws.” The piece, which is forthcoming in the Indiana Law Journal, questions the conventional wisdom on statutes that target the risk of HIV transmission. I was skeptical of the position before reading Margo’s article, and […]

Sharing the Blame: The Law and Morality of Punishing Collective Entities

BLS is having a great symposium that bears directly on infolaw issues such as cyber-harassment, defamation, illicit file-sharing, and so forth. My friends Mike Cahill and Miriam Baer are co-hosting, and my friend Peter Henning is a panelist in the afternoon. Best of all, it’s free! When: Friday, February 5, 2010, 9:00AM — 4:15PM Where: […]

Is Corporate Compliance Deceitful?

My friend and colleague Miriam Baer, an expert on corporate compliance and criminal law, thinks that it is – and that we should be more skeptical of compliance (a favorite buzzword post-Enron and post-meltdown). The clash between transparency and compliance is a troubling one that I hadn’t thought about before; Miriam’s paper is an important […]

Virtual Property: Not

Wired has an article on the trade in virtual world items – armor, swords, ninja monkeys, etc. – that takes place using real-world currency. (It tracks the rise and fall of former child actor Brock Pierce and his startup, Internet Gaming Entertainment. You can also find a how-to outlining the virtual gold trade.) The article […]

Commencement Speakers and Signals

What does it mean if you invite John McCain to speak at your school’s commencement? For one thing, it means your dean is smart enough to want news coverage with lots of shots of your school’s logo. But does it mean your institution agrees with any / all of McCain’s positions? I was pondering this […]

Trademark Turmoil, Taurus, and Tab

Living in Detroit, one hears a great deal about the American automobile industry (indeed, the local news covers little else, with the exception of Michigan firing Tommy Amaker as basketball coach). Car pundits, perhaps in the pay of rental fleets, panned Ford’s decision to discontinue the Taurus sedan / station wagon (as did new CEO […]