Soundboard Ass’n v. FTC
D.C. Circuit Holds that Informal Staff Letters Are Not Eligible for Judicial Review Under the Administrative Procedure Act.
Vol. 132 No. 4
Internet & Communications Law
Pseudo-Contract and Shared Meaning Analysis
Vol. 132 No. 4
Over the last several decades, courts and legal scholars have struggled with whether or when to consider boilerplate text as contract. Recent attempts to...
South Dakota v. Wayfair, Inc.
Vol. 132 No. 1
Judicial junk, the Court has long thought, is easier to scrap when the erroneous precedent cannot be fixed by Congress, as in constitutional cases....
The Carpenter Chronicle: A Near-Perfect Surveillance
Vol. 132 No. 1
On May 24, 1844, a crowd gathered inside the United States Supreme Court chambers in the basement of the Capitol, eagerly awaiting a demonstration...
Super PACs and the Market for Data
As the midterm elections approach, money is flowing into the coffers of candidates, parties, and outside groups at unprecedented rates. Meanwhile the Federal Election...
Cyber Interference in Elections and Federal Agency Action
Pop quiz: which part of the federal government is tasked with preventing cyber interference in our elections? Congress has refused to say. We have...
Counterfeit Campaign Speech
On September 28th, California Governor Jerry Brown signed a new law that forbids the surreptitious use of bots to, among other things, influence Californians’...
Future-Proofing the Fourth Amendment
In Carpenter v. United States, Chief Justice John Roberts began the process of future-proofing the Fourth Amendment. In a majority opinion marked by technological...
Section 230 as First Amendment Rule
Vol. 131 No. 7
Section 230 of the Communications Decency Act of 1996 has been lauded as “the most important law protecting internet speech” and called “perhaps the...
State v. Wayfair Inc.
South Dakota Supreme Court Holds Unconstitutional State Law Requiring Internet Retailers Without In-State Physical Presence to Remit Sales Tax.
Vol. 131 No. 7