United States v. Heppner
Fitting new technology to old doctrine is a perennial challenge for courts. Today, that technology is generative artificial intelligence (AI), and those doctrines now...
Law and Technology
Fourth Amendment Equilibrium Adjustment in an Age of Technological Upheaval
Vol. 139 No. 4
The Digital Fourth Amendment is written by Professor Orin Kerr, one of the country’s foremost authorities on the Fourth Amendment, electronic privacy, and criminal procedure. Kerr’s work has been deeply influential in shaping how courts are looking at and deciding issues raised by law enforcement’s powerful and novel capabilities, thanks to technological changes.
Executive Preemption and the Dormant Commerce Clause After Pataki and Paxton
I. An Executive Order at Odds with Doctrinal Evolution In December, President Trump signed an executive order directing the Department of Justice to challenge...
Machine Rulemaking: Arbitrary and Capricious Review in the Age of AI
Vol. 138 No. 7
In the past few years, hype surrounding artificial intelligence (AI) and machine learning (ML) has reached a fever pitch. From newspapers to academic journals,...
Introduction
Artificial Intelligence
Vol. 138 No. 6
Resetting Antidiscrimination Law in the Age of AI
Chapter One
Vol. 138 No. 6
Beyond Section 230: Principles for AI Governance
Chapter Five
Vol. 138 No. 6
People for the Ethical Treatment of Animals v. Tabak
Vol. 138 No. 5
How to regulate speech on social media platforms has been the subject of vigorous debate and recent Supreme Court opinions. In particular, government agencies...
H.B. 3, 2024 Leg., Reg. Sess. (Fla. 2024)
Florida Passes Law Unconstitutionally Restricting Minors' Access to Content on Social Media.
Vol. 138 No. 4
Recovering Personality in Copyright’s Originality Inquiry
Vol. 138 No. 4
Copyright has become the battleground à la mode for AI-related litigation. Referring to the technology as “nothing more than a plagiarism machine” developed by...