Printed Media
Digital Media
The Mental State of Expression: Generative AI and the Latent Mens Rea of Copyright October, 2025 Issue 2, Printed, Volume 23 - Abstract Artificial Intelligence has developed exponentially in recent years and has reached the point of creating pseudo-expressive content in areas previously only reserved for humans, ranging from writing, digital paintings, music, and much more. Termed “Generative A.I.,” these models are created at arresting speeds and competence levels. The content created by Generative A.I. has called… {read more...}
The Untold History of “Harmful Interference” in the Regulation of Radio Frequency Communications October, 2025 Issue 2, Printed, Volume 23 - Abstract A key, universal concept used in the international and domestic regulation of radio frequency communications is “harmful interference.” While “interference” was a recognized concern from the earliest days of wireless telegraphy, it took several decades—until the late 1940s—for regulators to adopt a formal definition of “harmful interference.” This definition, modified slightly in the 1950s… {read more...}
Code as Content: Open Source Software and Platform Liability October, 2025 Issue 2, Printed, Volume 23 - This paper details the current landscape of the technical, social, and governance systems that allow people to participate in the development of open source software (OSS), using GitHub as a case study. This paper also details the laws in the U.S. and the EU around platform liability for user-generated content. Here, “open source software” refers… {read more...}
Internet Infrastructure and Content Moderation in the Shadows October, 2025 Issue 2, Printed, Volume 23 - Abstract While the current scholarly debate on content moderation primarily focuses on the activities of online platforms, it is crucial to recognize the equally important, yet mostly overlooked, infrastructure-level moderation. Internet infrastructure actors, such as the Domain Name System (DNS), play a crucial role in the functioning of the internet and are increasingly receiving demands… {read more...}
Developing a True North for Regulating AI: The Importance of Protecting Consumers and Promoting Innovation October, 2025 Issue 2, Printed, Volume 23 - It is a pleasure to join the State Center, the University of Colorado’s Silicon Flatirons Center, and Princeton University’s Center for Information Technology Policy for an important conversation on the future of technology policy. Silicon Flatirons’ culture of engaged conversations across disciplines, with academics, practitioners, and policymakers all being heard, and with particular attention to… {read more...}
Who Owns the Digital Athlete? October, 2025 Issue 2, Printed, Volume 23 - Abstract With modern advancements in wearable technologies and analytics, player motion data has transformed how the National Football League ("NFL") approaches player health, scouting, and evaluation. Although the use cases for biometric data have increased, the federal laws that govern player privacy and data ownership have lagged. Professional athletes' biometric data, especially relating to performance-related… {read more...}
The Fate of Section 230 July, 2024 Issue 2, Volume 22 - Abstract For years Section 230 has operated as the Internet Giants’ shield from liability for user content posted on their platforms, regardless of the extent of harm to the public. The Supreme Court’s decisions in Gonzalez v. Google and Twitter v. Taamneh inform that the law’s broad protections may stay for now, but the Court… {read more...}
A Long Way from Brady: The Impact of Digital Infrastructure & E-Discovery Practices on State Discovery Obligations in Criminal Cases July, 2024 Issue 2, Volume 22 - Abstract The protection of a defendant’s rights in the criminal justice system is often balanced against concerns of judicial efficiency and accuracy, as well as the ability of prosecutors’ offices to effectively pursue convictions. In many jurisdictions, the obligations of prosecutors to turn over evidence remain largely unaltered from constitutional minimums. Such conservative approaches exist… {read more...}
Applying the Brain-Computer Interface Discourse to Negligence July, 2024 Issue 2, Volume 22 - Abstract The incorporation of brain-computer interface (“BCI”)—sophisticated bio-digital neural interface technologies—into the human body introduces new complexity in attributing liability for acts and omissions. This article argues that the BCI discourse in the science and philosophy disciplines, including ethics, psychology, technology, and artificial intelligence, will assist the courts in applying the law of negligence where… {read more...}
AI Cannibalism and the Law July, 2024 Issue 2, Volume 22 - Excerpt Lawyers are already using—and misusing—large language models (“LLMs”) like ChatGPT in their daily lives as they practice law. Despite recent headlines pointing out the very real downsides of misusing the technology, it is all but certain that lawyers will use LLMs with increasing frequency in the coming years. Indeed, many law schools, recognizing that… {read more...}
Apple’s Legal Battles: Navigating Patent Infringement in the Tech Industry December, 2024 Digital - Apple, a global leader in technology, has been in many recent headlines for several high-profile patent infringement cases. These significant cases, including the controversies surrounding the Apple Watch, demonstrate the continuing tension between innovation and intellectual property (IP) rights within the technology industry. Apple’s litigation battles mirror the complex dynamics of protecting IP rights in… {read more...}
Healthcare Access and Equity Amidst the Rise of Telehealth October, 2021 Digital - Healthcare Access and Equity Amidst the Rise of Telehealth Discussions about healthcare--what services should be provided, who should receive them, and who should pay for them--have been brought to the social and political forefront of the American zeitgeist. Regardless of viewpoint, the crux of the conversation is if and how best to achieve equity in… {read more...}
In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change October, 2021 Digital - In Need of A New Way Forward: The Old and New Ways Science and Technology Have Been Abused in Criminal Trials and the Need for it to Change If nothing else, Americans deserve a fair court system. A judicial system with a faithless population loses credibility; throughout history, loss of credibility in judicial systems has… {read more...}
Should the game stop with Gamestop? February, 2021 Digital - RobinHood, Reddit, Retail Investors, and the Role of Regulation In the course of a week, the share price of GameStop increased by almost 1000%, from $39 per share to around $350 at its peak. The gaming retailer did not suddenly and dramatically change its business model, nor did prospects for the chain of brick-and-mortar stores… {read more...}
Broadband: The Lifeline of Innovation October, 2020 Digital - Lifeline is what the name says, it is an assistance program that creates a line to the outside world necessary to live. Today, that takes the form of broadband, when it began in the 1980’s it was the landline phone. What is Lifeline? Since its inception, Lifeline has been trying to help the part of… {read more...}
Law School Memes for Edgy T14s March, 2020 Digital - "Who is intellectual property? I don't know her." The exact date of the internet’s advent continues to be debated by scholars, but the origin of one of the internet’s most popular content mediums can be traced directly back to 1976, and the publication of Richard Dawkins’ The Selfish Gene. It was in this book that… {read more...}
Zero Sum War Games March, 2020 Digital - How separating soldiers from the theatre of war creates new human costs U.S. Air National Guard photo by Senior Master Sgt. Robert Shepherd On January 3rd, 2020 the United States killed Qasem Suleimani with an MQ-9 Reaper. This drone is manufactured by General Atomics and operated by the U.S. Air Force, U.S. Customs and Border… {read more...}