Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights,
2026
FGV Law School (Rio de Janeiro)
Algorithmic Law In Contemporary Brazil: From Cyber-Libertarianism To Constitutional Rights, Pedro Rubim Borges Fortes
Latin American & Caribbean Law Review
This article provides a reflection of Brazilian algorithmic law, exploring how law regulates algorithms by defining prohibitions, permissions, standards, and rights in contemporary Brazil. Importantly, the concept of “algorithmic law” implies a normative idea, that is, that law should regulate algorithms, defining prohibitions, permissions, standards, and rights. This study examines the ideological transformation of law and technology, as Brazilian society moved from a libertarian approach to a perspective of establishing protective legislation, regulation, and constitutional rights to technology users. It explains the ‘Civil Rights Framework for the Internet.’ the ‘General Data Protection Law,’ the legislative project of an Artificial Intelligence …
News That Will Not Break:
How The First And Fourth
Amendments Can Jointly
Protect The Press From Secret
Government Intrusions Into
Newsgathering,
2026
Fordham University School of Law
News That Will Not Break: How The First And Fourth Amendments Can Jointly Protect The Press From Secret Government Intrusions Into Newsgathering, Julianna Margolin
Fordham Law Review
The modern constitutional and statutory framework permits the U.S. government to obtain journalists’ confidential source information and work product by secretly serving third-party service providers with subpoenas. While the First Amendment protects journalists and the Fourth Amendment guards against unreasonable government searches, new technology and the involvement of third parties complicate the balance between independent newsgathering and government access.
This Note examines reporters’ privilege jurisprudence stemming from the seminal U.S. Supreme Court decision Branzburg v. Hayes, which declined to recognize a categorical privilege. This Note also explores the subpoena power in the digital age as it converges with privacy …
The Mirage Of Meta Pixel Code:
Redefining Pii In The Era Of
Generative Ai,
2026
Fordham University School of Law
The Mirage Of Meta Pixel Code: Redefining Pii In The Era Of Generative Ai, Sophie Venter
Fordham Law Review
Data privacy laws are intended to put consumers in control of whether their identifying data can be sold and used for targeted advertising. However, these laws do not provide adequate protections in the era of generative artificial intelligence (AI). This Note examines one way that existing privacy law permits companies to profit from selling data for targeted advertising without obtaining user consent: transferring video watching data in a pixel code. Some U.S. Courts of Appeals have determined that these data transfers do not sufficiently identify users and the videos they watched to constitute violations of user privacy. This has led …
Video Killed The Privacy Star: How The Sixth Circuit's Cabined Interpretation Of "Consumer" In Salazar V. Paramount Global Risks Gutting The Vppa's Privacy Protections,
2026
Villanova University Charles Widger School of Law
Video Killed The Privacy Star: How The Sixth Circuit's Cabined Interpretation Of "Consumer" In Salazar V. Paramount Global Risks Gutting The Vppa's Privacy Protections, Nadine Fernando
Villanova Law Review (1956 - )
No abstract provided.
Police Surveillance And The Perils Of Techno-Solutionism,
2026
University of California College of the Law, San Francisco
Police Surveillance And The Perils Of Techno-Solutionism, Prithika Balakrishnan
Michigan Journal of Race and Law
This Article charts domestic law enforcement’s use of video surveillance, beginning in the backlash to the Civil Rights movement in the late 1960s, continuing through the War on Terror and, more recently, in the context of the post-George Floyd public critiques of policing. The undergirding philosophy of policing’s embrace of surveillance technology is techno-solutionism, the view that all complex social situations can be simplified to measurable data primed for quick-fix, unbiased, algorithmic answers. While technology may have initially been adopted by police to respond to specific problems, it has changed the problems themselves, altered the array of potential solutions, and …
Masthead,
2026
Seattle University School of Law
Table Of Contents,
2026
Seattle University School of Law
Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026),
2026
University of Nevada, Las Vegas -- William S. Boyd School of Law
Davis V. Dist. Ct., 123 Nev. Adv. Op. 58 (Aug. 27, 2026), Tristen Fleig
Nevada Supreme Court Summaries
In Davis v. Dist. Ct., the Supreme Court upheld the court's authority to issue orders and impose sanctions during discovery, after Petitioner claimed NAC 641.234(3) limited the court's authority to order disclosure of psychologist data.
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program,
2026
Seattle University School of Law
Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell
Seattle University Law Review
Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute,
2026
Seattle University School of Law
Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young
Seattle University Law Review
Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct,
2026
Seattle University School of Law
Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous
Seattle University Law Review
Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions,
2026
Seattle University School of Law
Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King
Seattle University Law Review
The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …
Las Vegas Police Protective Association V. Las Vegas Metropolitan Police Department Citizen Review Board, 142 Nev. Adv. Op. 55 (Aug. 20, 2026),
2026
University of Nevada, Las Vegas -- William S. Boyd School of Law
Las Vegas Police Protective Association V. Las Vegas Metropolitan Police Department Citizen Review Board, 142 Nev. Adv. Op. 55 (Aug. 20, 2026), Enya Dinca
Nevada Supreme Court Summaries
Under Las Vegas Police Protective Association v. Las Vegas Metropolitan Police Department Citizen Review Board, the CRB must identify officers under review on public meeting agendas, and officers lack a nontrivial privacy interest in names and badge numbers that are already publicly disclosed.
Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment,
2026
Embry-Riddle Aeronautical University
Beyond Walls And Wires: The Supreme Court’S Recognition Of Digital Privacy Under The Fourth Amendment, Joanna Morris
Discovery Day - Daytona Beach
The Founding Fathers included the Fourth Amendment in the Bill of Rights to protect individuals from unreasonable searches and seizures and their right to privacy. However, rapid advances in modern digital technology have challenged traditional definitions of privacy, raising constitutional questions about digital privacy rights. Smartphones and location tracking collects personal information that does not fit neatly within pre-digital era Fourth Amendment doctrines. This research examines how the United States Supreme Court has adapted interpretations of the Fourth Amendment to address digital privacy concerns, focusing on the tensions between Fourth Amendment doctrines and technology that enables extensive government access to …
Smart Contracts And Contractual Interpretation,
2026
National Law School of India University
Smart Contracts And Contractual Interpretation, Abhinav Ravi
Indian Journal of Law and Technology
This essay examines the challenges that smart contracts pose for contractual interpretation. While smart contracts are often viewed as unambiguous because they operate through deterministic computer code, disputes may nevertheless arise where the outcome produced by the code diverges from the parties’ understanding of their agreement. The essay argues that these disputes are not adequately addressed by treating code as a definitive expression of contractual intention or by adopting the ‘reasonable coder’ standard proposed by the United Kingdom (‘UK’) Law Commission. The reasonable coder standard is theoretically incoherent because it lacks alignment, generality, and reviewability and therefore cannot perform the …
Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees,
2026
Harvard Law School
Brief Of Public Health And Health Law Scholars As Amici Curiae Urging Affirmance In Support Of Plaintiffs-Appellees, Rachel L. Zacharias, Zeinab Bakhet, Kevin Costello, Maya Manian
Amicus Briefs & Court Filings
INTRODUCTION: Physicians’ use of their judgment and expertise to prescribe drugs and devices for purposes other than those approved by the Food and Drug Administration (“FDA”)—colloquially known as off-label use—is an indispensable feature of modern medicine. The FDA approves drugs as “safe and effective for specific indications.” Christopher M. Wittich, Christopher M. Burkle & William L. Lanier, Ten Common Questions (and Their Answers) About OffLabel Drug Use, 87 Mayo Clinic Procs. 982, 982 (2012). Federal law then generally leaves prescribing decisions, including off-label use of FDA-approved drugs and devices for a patient’s particular indication, to physicians acting under state law …
Think Your Cellphone Data Is Protected Without A Search Warrant? Think Again.,
2026
William & Mary Law School
Think Your Cellphone Data Is Protected Without A Search Warrant? Think Again., Adam M. Gershowitz
Popular Media
No abstract provided.
Toward A Private Law Of Intimates' Obligations,
2026
Villanova University Charles Widger School of Law
Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg
Faculty Publications
When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …
Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program,
2026
University of Maine School of Law
Melding Existing Models Of Government-Assisted Insurance To Create A Comprehensive Federal Cyber Insurance Program, Patrick Miskovsky
Student Journal of Information Privacy Law
This article discusses the need for federal policy in the cybersecurity insurance market, and it considers whether existing federal insurance programs could serve as models for a national cyber insurance regime. After framing the issue through a discussion of current cyber risks, the article examines the structure and mechanics of three existing federal insurance programs: the Terrorism Risk Insurance Program, the National Flood Insurance Program, and the Federal Deposit Insurance Corporation. The article concludes by noting that elements of each would be essential in a federal cyber insurance program, and that policymakers should consider the extent to which these models …
The Final Payroll: Human Resources, Meet Machine Resources,
2026
University of Maine School of Law
The Final Payroll: Human Resources, Meet Machine Resources, Sarah Yee
Student Journal of Information Privacy Law
As artificial intelligence (AI) becomes increasingly embedded in employment practices, particularly in hiring and screening, the need for robust regulatory frameworks is urgent. This Article focuses on the growing use of AI in workplace decision-making, highlighting the risks of algorithmic bias and discrimination. It argues that while the United States lacks a unified legal approach to governing AI in employment, the European Union (EU) has taken a more proactive and comprehensive stance. Through instruments like the proposed EU AI Act and existing data protection laws such as the General Data Protection Regulation (GDPR), the EU imposes meaningful obligations on employers …
