Publications

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Outcome of FBI fight with Apple will affect your privacy

Author(s): 
Elizabeth Joh
Publication Date: 
March 4, 2016
Publication Type: 
Other Writing

The legal dispute between the FBI and Apple over a locked iPhone is clouded in technical details that are hard for many to understand, an unclear area of law, and a terrible tragedy in San Bernardino that provokes unease and fear.

This is how unethical financial advisers can get away with it

Author(s): 
Henry Farrell
Publication Date: 
March 2, 2016
Publication Type: 
Other Writing

Economists Mark Egan, Gregor Matvos and Amit Seru have an eye-opening new academic research paper on the “market for financial adviser misconduct.” They use data on all 1.2 million people who registered as financial advisers between 2005 and 2015 and come up with some startling results.

Many, many financial advisers have been disciplined for misconduct, some repeatedly. These advisers are more likely to be fired — but many of them go on to find jobs at other firms.

Here Be Dragons

Author(s): 
Henry Farrell
Publication Date: 
February 29, 2016
Publication Type: 
Other Writing

A Review of Adam Segal's The Hacked World Order (PublicAffairs, 2016).

The iPhone Case and the Future of Civil Liberties

Author(s): 
Neil Richards
Publication Date: 
February 25, 2016
Publication Type: 
Other Writing

It is not often that a legal battle over smartphone firmware captures the national imagination, but such is the case as the FBI tries to access the data contained on suspected San Bernadino shooter Syed Farook’s iPhone. The feds want Apple to help it break into the phone, under the authority of an obscure 1789 law called the All Writs Act. Thus an ancient statute meets an icon of the digital age. This odd pairing is strangely appropriate, as the Apple case, and others like it, will help to determine whether our hard-fought gains in civil liberties will survive today’s technology.

Apple v the FBI: why the 1789 All Writs Act is the wrong tool

Author(s): 
Neil Richards
Woodrow Hartzog
Publication Date: 
February 24, 2016
Publication Type: 
Other Writing

Apple’s celebrated fight with the FBI over the security of its encrypted iPhones has shone the spotlight on an old and obscure federal law from 1789 known as the All Writs Act (AWA).

The AWA is a short little statute, giving federal courts the power to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”

Robots in American Law

Author(s): 
Ryan Calo
Publication Date: 
February 24, 2016
Publication Type: 
Academic Writing

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