Lessons from GDPR for AI Policymaking
The ChatGPT chatbot has not just caught the public imagination; it is also amplifying concern across industry, academia, and government policymakers interested in the . . .
Lessons from GDPR for AI Policymaking
Regulation by (Bad) Proxy: How Selective Application of Transaction Cost Economics Tainted the FTC’s Proposed Ban of Employee Noncompete Agreements
Agencies have imperfect information about conduct they regulate. This problem is particularly acute when identical conduct has differing effects in various markets. Determining the . . .
Can You Keep a Secret? Banning Noncompetes Does Not Increase Trade Secret Litigation
As bans on noncompete agreements (NCAs) become more frequent, commentators are increasingly concerned that costly trade secret litigation will rise. The logic underlying this . . .
A Choice-of-Law Alternative to Federal Preemption of State Privacy Law
Executive Summary A prominent theme in debates about US national privacy legislation is whether federal law should preempt state law. A federal statute could create . . .
The Treasury Standard: Causes and Consequences
The U.S. dollar is the global reserve currency and the U.S. Treasury security is the global reserve asset. Conventional explanations suggest that this state . . .
Utility, Copyright, and Fair Use after Warhol
This paper is a reaction to AWE v. Goldsmith (Warhol), which found that Warhol’s adaptation of a photograph of Prince, taken by photographer Lynn . . .
A Competition Perspective on Physician Non-Compete Agreements
Physician non-compete agreements may have significant competitive implications, and effects on both providers and patients, but they are treated variously under the law on . . .
What’s In a Name?: Common Carriage, Social Media, and the First Amendment
Courts and legislatures have suggested that classifying social media as common carriers would make restrictions on their right to exclude users more constitutionally permissible . . .
Energy Justice Beyond the Wire: Exploring the Multidimensional Inequities of the Electrical Power Grid in the United States
This Perspective applies a multidimensional, whole-systems energy justice lens to the electrical power grid, conceived of as the national electricity transmission and distribution network . . .