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 […]

Reifying Racism: Real Property as Information Law

On Friday, Carol Rose and Richard Brooks will co-star at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (You can come! Register here.) Rose and Brooks examine the development of legalized racial segregation in housing, the gradual shift to the use of […]

The Obama Administration and Chutzpah

I’ve posted a new essay, titled Chutzpah, to SSRN. It’s forthcoming in the peer-reviewed Journal of National Security Law and Policy. Here’s the abstract: President Barack Obama campaigned on a platform of governmental transparency. This Essay examines how his administration has implemented this commitment in two policy areas: Internet communication, and intellectual property. It finds […]

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, […]

Sunshine, Elections, and Privacy (Again)

I’ve been thinking and writing again about the topic of my very first full law review article: the role of “sunshine” in our election system and the way it can compromise individual privacy. In the internet era, personal convictions and associations may be burned by too much sunshine. Of course, the public deserves to know […]

Candidates You Hate Can Use Your Songs

As the election seasons ramps up, so do the inevitable cease and desist letters from music stars who don’t like the use of their songs by politicians at campaign events. The most recent dispute concerns Tom Petty’s objection to Michele Bachmann’s use of his song “American Girl.” Look, I kind of like Petty and I […]

Big Day for Info/Law at Supreme Court

The final morning of the Supreme Court’s session is always dramatic, and this morning was not an exception. But there was a lot more info/law on the menu than usual. Most obviously, the Court struck down California’s ban on the sale of violent video games to minors, 7-2. (Opinion here.) The dissenters were Justice Thomas, […]

Supreme Court Leaves Info/Law Alone

Most commentary about the Supreme Court today surely will focus on the controversial Ricci employment discrimination case and its impact on Judge Sotomayor’s confirmation hearings. But the Court also announced two important orders in Info/Law, both concerning decisions that it will not make. By refusing to grant cert. in these cases, the Court lets two […]

Iran and the New Net

Iranian demonstrators protesting the recent election results (which look dicey) – and their opponents – are using networked technologies to communicate and organize, including Twitter, blogs, SMS, and the like. John Palfrey, Rob Faris, and Bruce Etling point out, though, that these capabilities, while empowering, won’t carry the day. Whether the demonstrations succeed depends on […]

Offer Advice to Obama’s CTO

President-Elect Obama said during the election that he would appoint a chief technology officer to bring 21st century thinking to the White House. (This is not to be confused with the position of “intellectual property czar” recently created by Congress.) The Obama campaign was more comfortable with new technology than any past presidential candidacy. But […]