Issue 2

The Digitization of the Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology

The Digitization of the Carceral State: The Troubling Narrative Around Police Usage Of Facial Recognition Technology Sara E. Yates[1]* Print Version: The Digitization of the Carceral State- The Troubling Narrative Around Police Usage Of Facial Recognition Technology The technological veil conceals the reproduction of inequality and enslavement. -Herbert Marcuse[2] This Note applies a racial social …

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Regulating the Social Puppeteers: § 230 & Marginalized Speech

Regulating the Social Puppeteers: § 230 & Marginalized Speech Kylie Thompson[1]* Print Version: Regulating the Social Puppeteers- § 230 & Marginalized Speech   Introduction 462 I. What is § 230? 465 A. Legislative History 465 B. Expansive Scope 466 C. Threading the § 230 needle 468 II. The Power of Social Platforms 471 A. Harassment & …

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Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act

Personal Information and Artificial Intelligence: Website Scraping and the California Consumer Privacy Act Brian Stuenkel[1]* Print Version: Personal Information and Artificial Intelligence- Website Scraping and the California Consumer Privacy Act This note presents a hypothetical in which an upstart technology firm scrapes public-facing webpages and websites, scooping up individuals’ personal identifying information (PII) including names, addresses, …

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Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II

Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II W. Gregory Voss[1]* Print Version: Airline Commercial Use of EU Personal Data in the Context of the GDPR, British Airways and Schrems II In July 2019, shortly after the end of the first year of application of …

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A Textualist Interpretation of the Visual Artists Rights Act of 1990

A Textualist Interpretation of the Visual Artists Rights Act of 1990 Brian L. Frye[1]* Print Version: A Textualist Interpretation of the Visual Artists Rights Act of 1990 Philosophy may not interfere with the actual use of language, it can only describe it. —Ludwig Wittgenstein[2] For numberless generations, jurisprudes waged total war in the conflict among …

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You Can’t Be Serious: Problems of Facticity and ‘Plausible Nonliteral Assertions’ in U.S. Defamation Law

You Can’t Be Serious: Problems of Facticity and ‘Plausible Nonliteral Assertions’ in U.S. Defamation Law Emily Erickson[1]* Matthew D. Bunker** Print Version: YOU CAN’T BE SERIOUS- PROBLEMS OF FACTICITY AND ‘PLAUSIBLE NONLITERAL ASSERTIONS’ IN U.S. DEFAMATION LAW   Introduction 343 I. Roots of the Protection for Opinion, Rhetorical Hyperbole, and Satire 346 II. PNAs in …

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Hacking Antitrust: Competition Policy and the Computer Fraud and Abuse Act

Hacking Antitrust: Competition Policy and the Computer Fraud and Abuse Act Charles Duan[1]* Print Version: Hacking Antitrust- Competition Policy and the Computer Fraud and Abuse Act The Computer Fraud and Abuse Act, a federal computer trespass statute that prohibits accessing a computer “without authorization or exceeding authorized access,” has often been criticized for clashing with …

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