Bridging the Coasean Divide: A Shared Economic Lexicon for Antitrust and Worker Protection Law

Bridging the Coasean Divide: A Shared Economic Lexicon for Antitrust and Worker Protection Law By Conor J. May[1]* Uber, the most prolific of a new breed of transportation network companies, has in recent years been the target of two distinct strands of litigation that expose a question at the heart of the company’s business model. On one hand, drivers have sued Uber for intentionally misclassifying them as contractors to dodge employer obligations. On the other, passengers have taken Uber to court for violating antitrust laws Continue reading →

Cybersecurity and the U.N. Charter: A Square Peg in a Round Hole

Cybersecurity and the U.N. Charter: A Square Peg in a Round Hole Slate Herman[1]* Since its inception, the United Nations has struggled with balancing the interests of States acting to preserve their sovereignty. This balance was as much a problem in 1945, at the creation of the United Nations, as it is today. Now, in the age of drones, covert action, and non-state actors, the lines between the appropriate use of force and self-defense begin to blur significantly. Cyberwarfare is arriving on the scene just Continue reading →

Enlisting Useful Idiots: The Ties between Online Harassment and Disinformation

Enlisting Useful Idiots: The Ties between Online Harassment and Disinformation Brittan Heller[1]* Online harassment has been a blind spot for major platforms for many years. The problem became mainstream with Gamergate in 2014, the first public reckoning with intimidation of women in the online gaming community. This problem is still plaguing social media, with progress being made in fits and starts after publicized incidents of bullying or silencing of minority voices.[2] However, the problem has grown beyond these applications to new harms. Online harassment has Continue reading →

Innovating Like an Optimist, Preparing Like a Pessimist: Ethical Speculation and the Legal Imagination

Innovating Like an Optimist, Preparing Like a Pessimist: Ethical Speculation and the Legal Imagination by Casey Fiesler[1]* “Science fiction writers foresee the inevitable, and although problems and catastrophes may be inevitable, solutions are not.” – Isaac Asimov[2] Introduction We all tell stories—to ourselves, and to others—about the future. These stories typically draw us in two opposite directions: to an optimist utopia, where we imagine how things might be better than they are today, or to a pessimist dystopia where aggressive innovation leads to our destruction.[3] Continue reading →

v19.1 // Letter from the Editor

from the editor With much thanks to our incredible editors, it is my pleasure to introduce Volume 19, Issue 1 of the Colorado Technology Law Journal. As we continue our virtual lives in the “new normal,” we have seen firsthand the massive role of technology—with its importance and its impacts on full display. While I am grateful for the opportunities that technology has enabled this past year—Zoom School of Law, FaceTime Thanksgiving, and Mario Kart 8—the same technology that has allowed us to maintain productivity Continue reading →