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Full-Text Articles in Law
Social Checks And Balances: A Private Fairness Doctrine, Michael P. Vandenbergh
Social Checks And Balances: A Private Fairness Doctrine, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
This Essay proposes a private standards and certification system to induce media firms to provide more complete and accurate information. It argues that this new private governance system is a viable response to the channelized flow of information that is exacerbating political polarization in the United States. Specifically, this Essay proposes development of a new private fairness doctrine to replace the standard repealed by the Federal Communications Commission in 1987. A broad-based, multi-stakeholder organization could develop and implement this private fairness doctrine, and the certification process could harness market and social pressure to influence the practices of traditional and new …
Automation In Moderation, Hannah Bloch-Wehba
Automation In Moderation, Hannah Bloch-Wehba
Faculty Scholarship
This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.
In fact, however, the …
A Framework For Assessing The Impact Of Private Climate Governance, Michael P. Vandenbergh, Jonathan M. Gilligan
A Framework For Assessing The Impact Of Private Climate Governance, Michael P. Vandenbergh, Jonathan M. Gilligan
Vanderbilt Law School Faculty Publications
The growing sense of urgency by the public for action to address climate change stands in stark contrast to the slow pace and limited accomplishments of national and international institutions to reduce greenhouse gas emissions. Political institutions face significant structural barriers to taking strong and rapid action to cut emissions, but private environmental governance has potential to avoid those barriers and achieve rapid emissions reductions. It appears unlikely that private governance alone can reduce emissions enough to stabilize the climate, but it does have the potential to reduce emissions sufficiently and quickly enough to buy time for enacting more comprehensive …