Why Don’t Judges Appoint Experts in Antitrust Cases?
Judge Posner’s decision to appoint a expert in the patent dispute before him in the Seventh Circuit between Apple and Motorola has received some attention. . . .
How Will the Law Deal with AI Getting Facts Wrong?
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The shareholder wealth maximization myth
In a recent speech at the Netroots Nation, Senator Al Franken tried to frighten the crowd by trotting out the corporate bogeyman that greedily makes . . .
GE “Slashes” Earnings: Free Advice from Nowicki for GE Exec. Jeffrey Immelt!
The Financial Times reported yesterday that an embarrassed GE CEO Jeffrey Immelt had to tell GE shareholders that the 10% growth in earnings for 2008 . . .
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How Will the Law Deal with AI Getting Facts Wrong?
It seems that large language models (LLMs) are all the rage right now, from Bing’s announcement that it plans to integrate the ChatGPT technology into its search . . .
Brief of Internet Law Scholars to US Supreme Court in Gonzalez v. Google
SUMMARY OF ARGUMENT An interactive computer service’s automated recommendations qualify for statutory immunity under Section 230(c)(1). Congress enacted this policy choice in clear text, supported . . .
Does the DOJ’s Approach in Gonzalez Point the Way Toward Section 230 Reform?
Later next month, the U.S. Supreme Court will hear oral arguments in Gonzalez v. Google LLC, a case that has drawn significant attention and many bad . . .
Imposed Final Offer Arbitration: Price Regulation by Any Other Name
“Just when I thought I was out, they pull me back in!” says Al Pacino’s character, Michael Corleone, in Godfather III. That’s how Facebook and . . .
Journalism Competition and Preservation Act: Not What It Says on the Box
Background… As leaders of the U.S. Senate work to pass the National Defense Authorization Act (NDAA) in the ongoing lame-duck session, some reports suggest that . . .
ICLE Comments on FTC ANPR on Commercial Surveillance and Data Security
Executive Summary The Federal Trade Commission (“FTC”) has issued an Advanced Notice of Proposed Rulemaking (“ANPR”) on “Commercial Surveillance and Data Security,”[1] initiating a proceeding . . .
The Antitrust Assault on Ad Tech: A Law & Economics Critique
For years, regulators and competition watchdogs have expressed concern about competition in the digital advertising business. They note that digital advertising appears to be dominated by a few dominant firms, such as Google, Facebook, and—to a lesser extent—Amazon.
No Perfect Solutions for Market Imperfections
Markets are imperfect, and the suboptimal results are frequently used to justify government regulation. Government regulation, however, is also imperfect, and the suboptimal results . . .
A Roadmap to Reform Section 512 of the Copyright Act
Executive Summary Section 512 of the Copyright Act, passed as part of the Digital Millennium Copyright Act of 1998, was created to preserve “strong incentives . . .