Aug 26, 2022 | Volume 73, Issue 5
Gerson H. Smoger Volume 73, Issue 5, i-ii Full...
Aug 26, 2022 | Volume 73, Issue 5
Scott Dodson Volume 73, Issue 5, iii-iv Full...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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-...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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...
Jul 10, 2022 | Volume 73, Issue 5
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...
