Symposium Cosponsored with the Center for Litigation and Courts and the National Civil Justice Institute
“The Internet and the Law: Legal Challenges in the New Digital Age”
UC Hastings Law, November 6–7, 2021
Preface
Gerson H. Smoger Volume 73, Issue 5, i-ii
Foreword
Scott Dodson Volume 73, Issue 5, iii-iv
Of Robolawyers and Robojudges
Joshua P. Davis Volume 73, Issue 5, 1173-1202 Artificial intelligence (AI) may someday play various roles in litigation, particularly complex litigation. It may be able to provide strategic advice, advocate through legal briefs and in court, help judges assess class...
The Constitutionality of Mandating Editorial Transparency
Eric Goldman Volume 73, Issue 5, 1203-1232 This Article explores the underappreciated constitutional problems that arise when regulators compel Internet services to disclose information about their editorial operations and decisions (what the Article calls “mandatory...
Cutting-Edge Evidence: Strengths and Weaknesses of New Digital Investigation Methods in Litigation
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...