Alexa Koenig and Lindsay Freeman Volume 73, Issue 5, 1233-1254 The increased use of digital technologies in daily life has led to a steep rise in the introduction of highly technical evidence and expert witness testimony in criminal and civil litigation. The growing...
Protecting Free Speech and Due Process Values on Dominant Social Media Platforms
Dawn Carla Nunziato Volume 73, Issue 5, 1255-1304 Dominant social media platforms have been increasingly perceived as engaging in discrimination against conservative and right-wing viewpoints. Trump’s deplatforming, coupled with the platforms’ recent removal of Covid-...
The Coming Connected-Products Liability Revolution
Robert S. Peck Volume 73, Issue 5, 1305-1326 Technological innovation begets legal revolution. And tort law, as a creature of the common law, makes the most profound doctrinal leaps and does so more rapidly than any other area of law when technology changes our...
Products Liability in the Digital Age: Online Platforms as “Cheapest Cost Avoiders”
Catherine M. Sharkey Volume 73, Issue 5, 1327-1352 Products liability in the digital age entails reckoning with the transformative shift away from in-person purchases at brick-and-mortar stores to digital purchases from e-commerce platforms. The epochal rise of the...
The Law of Pseudonymous Litigation
Eugene Volokh Volume 73, Issue 5, 1353-1460 When may parties in American civil cases proceed pseudonymously? The answer turns out to be deeply unsettled. This Article aims to lay out the legal rules (such as they are) and the key policy arguments, in a way intended to...
Institutional Choice for Software Safety Standards
Bryan H. Choi Volume 73, Issue 5, 1461-1480 The pursuit of software safety standards has stalled. In response, commentators and policymakers have looked increasingly to federal agencies to deliver new hope. Some place their faith in existing agencies while others...
Regulating Social Media in the Free-Speech Ecosystem
Anuj C. Desai Volume 73, Issue 5, 1481-1510 Social media is just one part of the broader free-speech ecosystem. Social media regulation thus only regulates one part of that ecosystem. To evaluate social media regulation thus requires an understanding of the role...
The GDPR as Privacy Pretext and the Problem of Co-Opting Privacy
Neil Richards Volume 73, Issue 5, 1511-1538 Privacy and data protection law’s expansion brings with it opportunities for mischief as privacy rules are used pretextually to serve other ends. This Essay examines the problem of such co-option of privacy using a case...
A Parallel Infodemic: Multifaceted Approaches to Online Public Health Mis- and Disinformation During the COVID-19 Pandemic
Erin Hutchins Volume 73, Issue 5, 1539-1562 During the COVID-19 pandemic, communities congregated in online spaces more than ever before. While some people found solidarity online, many others found snippets of false information regarding COVID-19’s origin,...
It’s Time for California to Enact Employment Protections for Medical Cannabis Patients
Kevin Murphy Volume 73, Issue 5, 1563-1592 California law allows an employer to refuse to hire an applicant or discharge an employee for consuming medical cannabis in order to treat a serious medical condition, even if an individual consumes cannabis at home during...