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Full-Text Articles in Law
When The Digital Services Act Goes Global, Anupam Chander
When The Digital Services Act Goes Global, Anupam Chander
Georgetown Law Faculty Publications and Other Works
The European Union’s Digital Services Act (“DSA”) establishes a “meta law”—public regulation of the private regulation conducted by internet platforms. The DSA offers an attempt to balance private technological power with democratic oversight. The DSA will likely prove an attractive model for other governments to assert control over massive global internet platforms. What happens when other countries borrow its approach, in an instantiation of the vaunted Brussels Effect? This Article evaluates the DSA using the “Putin Test”—asking what if an authoritarian leader were given the powers granted by the DSA? The Article argues that authoritarians might well exploit various mechanisms …
Beyond Intermediary Liability: The Future Of Information Platforms - Workshop Report, Tiffany Li
Beyond Intermediary Liability: The Future Of Information Platforms - Workshop Report, Tiffany Li
Faculty Scholarship
On February 13, 2018, WIII hosted the workshop, “Beyond Intermediary Liability: The Future of Information Platforms.” Leading experts from industry, civil society, and academia convened at Yale Law School for a series of non-public, guided discussions. The roundtable of experts considered pressing questions related to intermediary liability and the rights, roles, and responsibilities of information platforms in society. Based on conversations from the workshop, WIII published a free, publicly available report detailing the most critical issues necessary for understanding the role of information platforms, such as Facebook and Google, in law and society today. The report highlights insights and questions …
Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty
Fourth & Inches: Marking The Line Of Athletes’ Free Speech (A Colin Kaepernick Inspired Discussion), Ryan J. Mcginty
Pace Intellectual Property, Sports & Entertainment Law Forum
This note addresses the ongoing controversial stance that was ignited when Colin Kaepernick refused to stand for the playing of the national anthem in protest of what he deems are wrongdoings against African Americans and minorities in the United States. The scope of this note does not surround Kaepernick himself, but rather the professional NFL football player in general. Specifically, players are entitled to the full rights of free expression and free speech as human beings and public figures, up and until the line where that right is abused on the field or “on the job,” thereby threatening an increase …
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
How Much Does A Belief Cost?: Revisiting The Marketplace Of Ideas, Gregory Brazeal
Gregory Brazeal
Justice Oliver Wendell Holmes, Jr. is often credited with creating the metaphor of “the marketplace of ideas,” though he did not use the exact phrase and his argument for free speech was not based on distinctively economic reasoning. Truly economic investigations of the marketplace of ideas have progressed in step with developments and trends in the law and economics literature. These investigations have tended to be one-sided, with writers focusing primarily either on the production of ideas (for example, Posner) or their consumption (for example, behavioral law and economics), without considering in depth how producers and consumers interact. This may …