The Building Blocks of Hybrid Justice
The commission of mass atrocities — genocide, crimes against humanity, and war crimes — inevitably generates clarion calls for accountability from a range of in…
Academic Writing
The Many Faces of Complicity in International Law
This paper captures remarks made at the 2015 Annual Meeting of the American Society of International Law on a panel devoted to exploring the scope of complicity…
Crimes Against Humanity: Repairing Title 18's Blind Spots
This is a contribution to a feshrift devoted to Professor William Schabas. It takes as its starting point President Obama's atrocities prevention and respon…
A History of Aesthetics from Homer to Digital Mash-ups: Cumulative Creativity and the Demise of Copyright Exclusivity
Under a regime of limited economic incentive for creativity and confined commodification of information, humanity produced the greatest portion of human knowled…
Push, Pull, and Spill: A Transdisciplinary Case Study in Municipal Open Government
Abstract: Cities hold considerable information, including details about the daily lives of residents and employees, maps of critical infrastructure, and record…
Users' Patronage: The Return of the Gift in the "Crowd Society"
In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts ha…
Taking Trust Seriously in Privacy Law
Neil M. Richards Washington University in Saint Louis - School of Law Woodrow Hartzog Samford University - Cumberland School of Law; Stanford Law School Cent…
The Atlantic Divide on Privacy and Speech
Neil M. Richards Washington University in Saint Louis - School of Law Kirsty Hughes University of Cambridge Andrew T Kenyon (ed), Comparative Defamation and…
Privacy and Markets: A Love Story
Abstract: Law and economics tends to be skeptical of privacy, finding privacy overrated, inefficient, and perhaps even immoral. Law should not protect privacy…
Should the FTC Kill the Password? The Case for Better Authentication
Daniel J. Solove George Washington University Law School Woodrow Hartzog Samford University - Cumberland School of Law; Stanford Law School Center for Intern…
Copyright's Digital Deputies: DMCA-Plus Enforcement by Internet Intermediaries
Abstract: In the years since passage of the Digital Millennium Copyright Act (“DMCA”), the copyright industries have demanded that online intermediaries — both…
Bait, Mask, and Ruse
Deception and enticement have long been tools of the police, but new technologies have enabled investigative deceit to become more powerful and pervasive. Most…