Journal Archives

Volume 49 Issue 1

Who Moderates the Moderators?: A Law & Economics Approach to Holding Online Platforms Accountable Without Destroying the Internet, Geoffrey A. Manne, Ben Sperry, & Kristian Stout | A quarter-century since its enactment as part of the Communications Decency Act of 1996, a growing number of lawmakers have been seeking reforms to Section 230. In the 116th Congress alone, 26 bills were introduced to modify the law’s scope or to repeal it altogether. Indeed, we have learned much in the last 25 years about where Section 230 has worked well and where it has not . . . BUY ARTICLE NOW

It’s not the Algorithms, it’s the People: Preventing Bias in Automated Hiring Tools Starts with Humans, Leah Harvis-Nazzario | Many companies are exploring ways that they can integrate predictive hiring solutions into the application process, interviewing process, and hiring process. While these systems can have benefits like efficiency, performance, and retention, these systems perpetuate systemic bias. Whether this bias is unconscious or not, we are complacent if we allow these hiring solutions to be developed without holding companies accountable. Bias which creeps into hiring algorithms outweighs the efficiency and productivity of these solutions . . . BUY NOTE NOW

Pathways to the Light: Realistic Tactics to Address Dark Patterns, Jordyn Michaels | This note looks to examine the deployment of Dark Patters in user interfaces, particularly those with the purpose of collecting consumer data. Dark Patterns that are used for data collection are a serious consumer protection issue that is largely unspoken for by the public, regulators, and legal experts. Although new legislation that specifically caters to this issue would be recommended, there is already existing authority within the Federal Trade Commission that can address data collection Dark Patterns. By raising awareness on what these tactics accomplish, one can begin to discuss how to limit Dark Patterns and/or how to coexist with them.   . . . BUY NOTE NOW

Volume 48 Issue 1

Open Source Software Development and Patent Litigation: From Theoretical Risks to Reality, Catharina Maracke | In the context of the ongoing software patent debate, commentators have stressed the risk for Open Source software development of being targeted with patent . . . BUY ARTICLE NOW

Punting The Private Search Doctrine: How The Good Faith Exception Impedes Fourth Amendment Jurisprudence, Kevin DelRocini | This Note seeks to demonstrate how the good faith exception to the Fourth Amendment’s exclusionary rule slows progress in Fourth . . . BUY NOTE NOW

Password Unprotected: Compelled Disclosure of Cellphone Password and the Foregone Conclusion Exception, Andrew Edmonson | In May and June of 2015, the Essex County Prosecutor’s Office investigated a suspected narcotics-trafficking network in Newark, New Jersey . . . BUY NOTE NOW

Volume 47 Issue 2

Data Portability: A Guide and a Roadmap, Sasha Hondagneu-Messner | Data portability is one of the most unprecedented and innovative aspects of Europe’s GDPR and California’s CCPA. Widespread . . . BUY ARTICLE NOW

Decentralizing Creativity: A Tenable Case for Blockchain Adoption in the Entertainment Industry, David Idokogi | Significant advancements in technology have changed entertainment and the way in which people consume it. Music distribution went from tangible products . . . BUY NOTE NOW

When AdBlock Gets Blocked: Why Hindering the Capabilities of Third-Party AdBlockers Should Face Legal Scrutiny, Zaid M. Qasem | The Internet has become more accessible, and rich with information than ever before. Over the years, this growth . . . BUY NOTE NOW