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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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Torture, Andrew Sullivan and Spielberg
I have been away from blogging the last few weeks primarily because my new (six months) computer's hard drive died. This followed the LCD display dying in…
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American conservatism and soft utopianism
Jeffery Hart had a great piece in the Wall Street Journal on Tuesday characterizing the core tenets of American conservatism. It does a very good job presentin…
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law.com commentary
Dec 27, 2005- Commentary on law.com titled "The Virtue of an Activist Judge in a Time of Terror."…
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The Virtue of an Activist Judge in a Time of Terror
I wrote a commentary piece for law.com about how activist judges can be a virtue in a time when the Administration is being activist in stretching the boundarie…
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NYT Researcher in Beijing Charged with Disclosure of State Secrets
The dangers of speech crimes. The NYT reports that Zhao Yan, 43, who worked in the newspaper's Beijing bureau, and has spent 15 months in prison without a…
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FISA Court to Investigate Wiretaps
(I'll preface this post by saying the reason I find the circumvention of the FISA Court so intriguing is that in this space, I'm usually complaining abo…
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Judge Luttig Slams Administration in Padilla Case
Wow. I had to post again. Talk about mainstream public figures stepping up to the plate. It's not just Clinton-appointed Judges who are outraged by the Ad…
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Bush Spy Order and Bravo to Judge Robertson for Fulfilling his Oath
I haven't been blogging because I'm trying to get a paper (ironically on blogging and the First Amendment) finished by the time school resumes. But I&#…
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A challenge to the "demagogic table thumpers" and "blustery blowhards"
Nicholas Kristof offers an intruiging inside perspective (and astute cross-cultural commentary) in his NYT column today: "Perhaps I'm particularly sen…
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The Wonderful World of Litigation
Slate is running a contest entitled "Billable Horrors," which, as the title suggests, is a contest where lawyers are asked to submit "the meanest…
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London Summary
So, my trip to London was really fun. I "minded the gap" in the tube and train and stood inside one of the fun red phonebooths: I paid close attentio…
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Possible advertising effect of Grokster decision
Pre-Grokster, in the Bay Area at least, SBC Yahoo! had billboard ads posted along highway 101 (just south of SF, if I recall correctly) that advertised their hi…