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AI v. the Law: Should the Law Keep Up With AI?
In Robert Penn Warren’s All the King’s Men, the author compares the law to a blanket. When used by a big family in the same bed, one family member tugs on the b…
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Applying Federal Digital Communications Privacy Law to Hosted AI Models
On March 31, I gave a virtual guest lecture in Mailyn Fidler’s course “The Digital Fourth Amendment” at Harvard Law School. Prof. Fidler invited me to come talk…
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Well, At Least the Anti-States’ Rights AI EO Spares AI-CSAM Laws
On December 11, 2025, President Trump signed an executive order (EO) that purports to deprive states of the ability to regulate artificial intelligence (AI) – t…
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The imperial presidency the founders feared
Adam Cohen in yesterday's Times: "Given how intent the president is on expanding his authority, it is startling to recall how the Constitution’s framer…
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Why do they hate us?
I found this piece by Mohsin Hamid in the Washington Post over the weekend particularly insightful (not only because it begins with a focus on my hometown.) An…
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Elizabeth Townsend Gard: Legal Ed Innovator
CIS fellow and newly-arrived Tulane law professor Elizabeth Townsend Gard was profiled recently as an innovator in the legal education field, and specifically f…
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Every time I give up on David Brooks...
...he comes back and says something nuanced: "...most political and social disputes grow out of differing theories about the self, and I find Hofstadter’s…
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A procedural knife fight
Carl Hulse in today's New York Times: "...the clash between the two veteran senators is evidence of a larger breakdown in relations in the Senate, a de…
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my iPhone day
After much wrestling with my past chagrin at being the disappointed early-adopter, I broke down yesterday and got my iPhone. It's wonderful.…
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The Jihad Online
I'm in the process of completing an article that discusses whether and to what extent Muslim-Americans have altered their use of the Internet, after the 9/1…
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iPhone: The Musical
This funny music video (sung to the tune of "My Way") and featuring David Pogue's views on the iPhone, just made my morning. I think I now must go…
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BT Moves to Recover Attorneys' Fees and Costs
In May, BT secured a complete victory over Plaintiffs Ralph Vargas and Bland-Ricky Roberts when the court granted his summary judgment motion and dismissed Plai…
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Interim positive news on the Net Radio front
Some good news today on the Net Radio front: SoundExchange offers temporary reprieve on 'Net radio royalty increase Net Radio Wins Partial Reprieve as Roy…
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Cognitive dissonance / attribution error
Shankar Vedantam in today's Washington Post: "The different perceptions of victims and perpetrators in Baumeister's experiment are a result of a ph…
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A DOJ attorney speaks out
Wow, this is pretty forceful stuff. Feels to me like we're at something of a breaking point if internal voices (such as those inside DOJ) are willing to sp…