Publications

These are the conservative legal groups behind the Masterpiece Cakeshop case

Author(s): 
Henry Farrell
Publication Date: 
December 5, 2017
Publication Type: 
Other Writing

The U.S. Supreme Court hears arguments Tuesday in Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which baker Jack Phillips is arguing that his deeply held evangelical Christian beliefs should exempt him from having to bake a cake for the wedding of two men — even though his refusal to serve them violated Colorado’s anti-discrimination law.

The Irish border has crashed Brexit negotiations. Here’s what you need to know.

Author(s): 
Henry Farrell
Publication Date: 
December 4, 2017
Publication Type: 
Other Writing

A couple of hours ago, the Financial Times top headline announced that “Britain and Ireland agree Brexit to border deal.” Now there’s a rather different headline: “Brexit deal falls through over Irish border dispute.” The British pound, which had jumped earlier, has now fallen from its earlier highs. Here’s what has just happened to Britain’s Brexit negotiations — and what is likely to happen next.

The FCC is about to repeal net neutrality. Here’s why Congress should stop them.

Author(s): 
Barbara van Schewick
Publication Date: 
November 26, 2017
Publication Type: 
Other Writing

On Wednesday November 22, FCC Chairman Ajit Pai published his draft order outlining his plan to undo the net neutrality protections that have been in place in the U.S. since the beginning of the Internet. His proposal would leave both the FCC and the states powerless to protect consumers and businesses against net neutrality violations by Internet Service Providers (ISPs) like Comcast, AT&T, and Verizon that connect us to the Internet.

Commentary: The FCC Has Always Defended Net Neutrality. Why Stop Now?

Author(s): 
Barbara van Schewick
Publication Date: 
November 22, 2017
Publication Type: 
Other Writing

Earlier this week Federal Communications Commission (FCC) Chairman Ajit Pai announced a radical plan to undo the net neutrality protections that have been in place in the U.S. since the beginning of the Internet.

Year One: Stress Testing the Constitution

Author(s): 
Elizabeth Joh
Publication Date: 
November 15, 2017
Publication Type: 
Other Writing

The outlandish hypothetical is in every law professor’s bag of tricks. Can a former president sue a sitting president for defamation?

Hackback in black

Author(s): 
Andrea Matwyshyn
Publication Date: 
November 6, 2017
Publication Type: 
Other Writing

Imagine that a random car is periodically driving across your front yard, leaving tire treads and gouges on your otherwise pristine lawn. How would you handle it? You might set up a surveillance camera to capture an image of the license plate and driver and then share the image with the police. You might install a fence.

Why Keep a Dog and Bark Yourself? From Intermediary Liability to Responsibility

Author(s): 
Giancarlo Frosio
Publication Date: 
November 3, 2017
Publication Type: 
Academic Writing
Since the enactment of the first safe harbours and liability exemptions for online intermediaries, market conditions have radically changed. Originally, intermediary liability exemptions were introduced to promote an emerging Internet market. Do safe harbours for online intermediaries still serve innovation? Should they be limited or expanded? These critical questions—often tainted by protectionist concerns—define the present intermediary liability conundrum.

SESTA and the Teachings of Intermediary Liability

Author(s): 
Daphne Keller
Publication Date: 
November 2, 2017
Publication Type: 
White Paper / Report

This Stanford Center for Internet and Society White Paper uses proposed US legislation, SESTA, as a starting point for an overview of Intermediary Liability models -- and their consequences. It draws on law and experience from both the US and countries that have adopted different models, and recommends specific improvements for SESTA and similar proposed legislation. 

Pages

Subscribe to Publications