Cybercrime’s International Challenges

Jane and I are in Cluj-Napoca, Romania, for a conference titled “Crimes, Criminals, and the New Criminal Codes: Assessing the Effectiveness of the Legal Response” at Babes-Bolyai University. Jane is speaking on “Surveillance in a Technological Age: The Case of the NSA,” and I’m giving a talk based on my forthcoming article Ghost in the Network. [...]

Formalism and Slow Victories in “Saving the Neighborhood”

We’re fewer than 24 hours away from seeing Carol Rose and Richard Brooks at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (Spaces still available! Register here.) I posted about the information law aspects of racial covenants here (cross-posted by Jane at [...]

Arizona: How Not To Combat Revenge Porn

Arizona House Bill 2515 seeks to criminalize revenge porn. The only small problem: the proposed statute is blatantly unconstitutional. Here’s the text: Be it enacted by the Legislature of the State of Arizona: Section 1.  Title 13, chapter 14, Arizona Revised Statutes, is amended by adding section 13-1425, to read: 13-1425.  Unlawful distribution of images; state of nudity; [...]

Reifying Racism: Real Property as Information Law

On Friday, Carol Rose and Richard Brooks will co-star at a conference at the University of Arizona James E. Rogers College of Law, titled “Saving the Neighborhood,” after their new book. (You can come! Register here.) Rose and Brooks examine the development of legalized racial segregation in housing, the gradual shift to the use of [...]

Hacking Revenge Porn

I’ll be back in Brooklyn on Thursday, to take part in a fantastic NYC Legal Hackers session on revenge porn. I’m excited to hear from and learn from Lee Rowland, Mark Jaffe, and Ari Waldman. And, I’m really grateful to Phil Weiss, Jonathan Askin, David Giller, and the brilliant Legal Hackers team for this event. [...]

Shark Tanks and Cybersecurity

It’s the most wonderful time of the year… for data breaches. Target may have compromised as many as 40 million credit and debit cards used by shoppers in their stores. What liability will they face? At George Mason’s excellent workshop on cybersecurity, there was a spirited debate over the mechanisms of enforcing security standards. (This [...]

AALS Advice

I’ve just returned from the AALS Faculty Recruitment Conference – universally known as the “meat market” – in Washington, D.C. Arizona is fortunate enough to be hiring this year, and we met some terrific candidates. There’s a wealth of advice out there for entry-level candidates, but I thought I would share three quick things that [...]

The Data Speaks: A Closer Look at Gun Violence

This Thursday (October 17, 2013), Stanford Law professor John Donohue III will give a public lecture at the University of Arizona James E. Rogers College of Law on “The Data Speaks: A Closer Look at Gun Violence.” Donohue is the leading expert on empirical analysis of gun violence; his talk is the inaugural event for [...]

On Jurisdictional Sequencing

My colleague and friend Alan Trammell, a civil procedure expert, has posted a great new paper to SSRN, titled Jurisdictional Sequencing (47 Georgia Law Review 1099 (2013)). Here’s the abstract: This Article offers a critical re-assessment of subject matter jurisdiction, arguably the most fundamental constraint on federal courts. The project examines the nature and purposes of [...]

Search and the First Amendment

Jane and I are in Arlington, Virginia, for a conference on Competition Policy in Search and Social Media at George Mason University. Jane, Neil Richards, Dawn Nunziato, and Stuart Benjamin will discuss the interplay of the First Amendment, regulation, and search / social media. I expect an entertaining fight over whether search results are speech, [...]