CRYPTO DISPUTE RESOLUTION: AN EMPIRICAL STUDY by Tamar Meshel & Moin A. Yahya
Cryptocurrencies, such as Bitcoin and Dogecoin, are taking the financial world by storm. Like all financial instruments, these cryptocurrencies and the crypto exchanges they are traded on give rise to complex legal issues. In this article, we take a first empirical look at the mechanisms by which cryptocurrencies and crypto exchanges choose to resolve disputes with their users. [read full article]
THE EVOLVING LEGAL ARCHITECTURE SHAPING THE DIGITAL TRADE IN SERVICES by Gary Winslett & Taylor Phillips
The Mode 1 trade in digital services is rapidly expanding, and yet the legal architecture around those services remains relatively thin. States are developing new rules in this policy area, but those efforts are still at an embryonic stage. In this article, we explain how digitalization is affecting the trade in Mode 1 services, how the legal architecture around those services has evolved so far, what states are starting to do to strengthen trade rules on digital services, and what states can do to further promote greater regulatory cooperation around traded digital services. [read full article]
COMPUTATIONAL INDICATORS IN THE LEGAL PROFESSION: CAN ARTIFICIAL INTELLIGENCE MEASURE LAWYERS’ PERFORMANCE? by David R. Amariles, Pablo M. Baquero, Paul Boniol, Rajaa El Hamdani, & Michalis Vazirgiannis
The assessment of the legal professionals’ performance is increasingly important in the market of legal services to provide relevant information both to consumers and to law firms regarding the quality of legal services. In this article, we explore how computational indicators are produced to assess lawyers’ performance in courtroom litigation, analyzing the specific types of information they can generate. Based on the examination of the resulting analytics, we uncover both the advantages and challenges of assessing performance in the legal profession through AI methods. [read full article]
POV: BALANCING FOREIGN ACTIVITY AND NATIONAL SECURITY THROUGH THE LENS OF TIKTOK by Soha Abdurrahman
To solve the precarious balance of national security and foreign activity, this Note argues that the United States, or more specifically CFIUS, needs to revise its approach towards reviewing foreign activity. By placing a rigorous and clear, but non-discriminatory, process in place, CFIUS can carve out a transparent process to reap the benefits of foreign activity within the country, while mitigating the security concerns that may arise due to the presence of such activity. Additionally, the United States should adopt clear internal guidelines, like the GDPR, to help guide foreign tech activity regarding data privacy. [read full note]
FAHRENHEIT 2020: TORCHING THE INTERNET’S LIBRARY OF ALEXANDRIA AT THE HEIGHT OF A GLOBAL PANDEMIC by Steve Beemsterboer
As the pandemic’s deadly grip took hold of the world, the need for a widely accessible universal library became more apparent than ever. Responding to the exigencies of the pandemic, Internet Archives suspended its limits on concurrent loans, effectively untethering its lending practices from one of the primary legal justifications that imputed legitimacy to the controlled digital lending (CDL) model. But four of the country’s largest publishers decided to take aim at not only the National Emergency Library, but the concept of CDL generally. This Note endeavors to introduce additional perspectives to the legal analysis and comprehensively address some of the most pernicious rhetoric that permeates the discourse with respect to this case. [read full note]
NO MEANS NO: WHY A BRIGHT-LINE RULE AGAINST DATA SHARING IS THE BEST WAY FORWARD FOR PRIVACY LEGISLATION by Erin Husi
Digital personal data receive relatively few legal protections. However, data privacy has gone unregulated in the United States for too long. The question is no longer whether the United States will enact federal privacy legislation. Now, the question is whether a federal privacy bill will effectively address the needs and wants of American consumers concerned about the current state of data collection and their desire for privacy. To adequately protect consumers from breaches and misuse of data, this Note argues that an effective federal privacy law completely prohibits private entities from sharing user data. [read full note]