Printed Media
Digital Media
The Fate of Section 230 July, 2024 Issue 2, Printed, 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, Printed, 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, Printed, 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, Printed, 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...}
Beyond the Iudex Threshold: Human Oversight as the Conscience of Machine Learning July, 2024 Issue 2, Printed, Volume 22 - Abstract Artificially intelligent machines do not need to rise to the level of human cognition, a fête popularized in science fiction, to cause irreversible harm. Due to the speed at which machines consume data and the automated programming that allows machines to “learn” from that data, machines do not simply surpass human computational abilities but… {read more...}
Response to The Future of Startup Finance: A Symposium on “Investment Crowdfunding” July, 2024 Issue 2, Printed, Volume 22 - Excerpt At the outset, let me offer my sincere thanks to the scholars who contributed an essay to the present symposium on my book, Investment Crowdfunding: Abraham Cable, Douglas Cumming, Mirit Eyal-Cohen, and Todd Zywicki. In this Response, I will reply to their thoughtful essays and share some recently reported data on the financial returns… {read more...}
Consumer Protection and Investment Crowdfunding: Comments at the Future of Startup Finance: A Symposium on “Investment Crowdfunding” July, 2024 Issue 2, Printed, Volume 22 - Excerpt My background is in consumer protection. I’ve worked at the Federal Trade Commission. I worked at the Consumer Financial Protection Bureau (“CFPB”). And so that’s what I’m going to talk about in my lens here. This is a great book. This is a really powerful, great book. I just want to make that really… {read more...}
Tax Incentives for Investment Crowdfunding: A Comparative Analysis July, 2024 Issue 2, Printed, Volume 22 - Abstract When comparing investment crowdfunding activity in the United States (“U.S.”) and other countries such as Australia, Canada, and the European Union, Professor Andrew Schwartz theorizes in his recent book Investment Crowdfunding that perhaps the fact that the United Kingdom (“U.K.”) has special tax benefits, though not specific to crowdfunding, is the reason for the… {read more...}
Crowdfunding and Intellectual Property July, 2024 Issue 2, Printed, Volume 22 - Abstract This paper explores the critical role of intellectual property (“IP”) rights in crowdfunding, particularly how public disclosure at early entrepreneurial stages affects campaign success. We present novel data indicating a positive correlation between robust IP regimes and increased global crowdfunding activities (per capita), a link not extensively examined in existing literature. The study also… {read more...}
Psychic Income & Democratized Investing July, 2024 Issue 2, Printed, Volume 22 - Abstract It is increasingly difficult to distinguish investing from entertainment or other consumer experiences. Perhaps the ultimate symbols of this convergence are new sports betting sites that emulate the stock market by depicting teams, athletes, or prop bets as tradable “stocks” like shares of Apple or GM. By borrowing the imagery of the stock market… {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...}