Robotic Collective Memory

The various ways in which robots and AI will affect our future society are at the center of scholarly attention. This Commentary, conversely, concentrates on their possible impact on humanity’s past, or more accurately, on the ways societies will remember their joint past. We focus on the emerging use of technologies that combine AI, cutting-edgeContinue reading “Robotic Collective Memory”

Regulation of Book Markets

Over the years, many European countries have regulated their national book markets. Chief among the regulatory schemes is the resale price maintenance (“RPM”) regime, under which booksellers must offer books for a fixed price for a limited time period. The suggested rationales for this legal regime are mainly: (1) viewing books as cultural goods thatContinue reading “Regulation of Book Markets”

Privacy Law’s False Promise

Privacy laws have never seemed stronger. New international, national, state, and local laws have been passed with the promise of greater protection for consumers. Courts across the globe are reclaiming the law’s power to limit collection of our data. And yet, our privacy seems more in danger now than ever, with frequent admissions of nefariousContinue reading “Privacy Law’s False Promise”

Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?

A factually baseless plea is one entered by a defendant for an offense that the defense, prosecution, and judge know that the defendant did not commit. Factually baseless pleas undermine justice. Inherently, these pleas are lies that our system has adopted to patch together a case-by-case attempt to render fair verdicts. While these factually baselessContinue reading “Littering for $500: How Does Judicial Estoppel Solve the Problems that Factually Baseless Pleas Pose to the Double Jeopardy Clause?”

The Hidden Transactional Wisdom of Media Discrimination in Pre-AWCPA Copyright

Media neutrality in copyright’s subject matter means that works of authorship are protected against copying, or not, regardless of the tangible medium in which they are fixed. For example, the same features of a sculptural work are protected regardless of whether they are fixed in a statue or a photograph of a statue. Media neutralityContinue reading “The Hidden Transactional Wisdom of Media Discrimination in Pre-AWCPA Copyright”

Statutory Speedy Trial Period Calculations for Dismissed and Refiled Charges: A Case Study of Colorado’s Approach

Colorado’s current approach of allowing the speedy trial period to restart creates too large a loophole in the state’s statutory right to a speedy trial within six months because it grants too much leeway to prosecutors. As courts have yet to apply the exception to restarting upon a showing that the prosecution dismissed and refiledContinue reading “Statutory Speedy Trial Period Calculations for Dismissed and Refiled Charges: A Case Study of Colorado’s Approach”

Collective Goods and The Court: A Theory of Constitutional Commodification

Not everything is or should be for sale. Collective goods such as our democracy and parts of our natural environment would be destroyed if they were transformed entirely into commodities to be bought and sold in commercial markets. This Article examines a discrete and unexplored topic within the larger literature on commodification: the extent toContinue reading “Collective Goods and The Court: A Theory of Constitutional Commodification”