Commentaries

This article is part of the 2023 BCLT-BTLJ Symposium. Stacy-Ann Elvy I. INTRODUCTION In 1972, Californians approved Proposition 11, a legislatively proposed amendment to the California constitution to establish an inalienable right to privacy. Accompanying this right was an enforceable right of action. The ballot arguments in favor of ...

This article is part of the 2023 BCLT-BTLJ Symposium. By Jacob Snow I. Introduction Privacy law under Article I, Section 1 of the California Constitution is based on a foundational distinction between “informational” and “autonomy” privacy. Invasions that implicate autonomy are limited, primarily focusing on protecting people’s bodily autonomy ...

This article is part of the 2023 BCLT-BTLJ Symposium. By Al Malecha, JD 2024 Many of us in the legal field have had an overwhelmingly negative first impression of AI, which is often brought up in the context of copyright infringement, fictitious case law, or shirked liability. Outside of the ...

This article is part of the 2023 BCLT-BTLJ Symposium. By Chris Conley “Artificial intelligence” (AI) is everywhere these days, from Waymo’s ongoing pilots of self-driving cars to OpenAI’s publicly-available ChatGPT chatbot. The currently dominant form, machine learning (ML), relies on models derived from vast sets of data, potentially including personal ...

In this Commentary, we show that blockchain may supplement antitrust law, especially in situations where the rule of law does not fully apply. Against this background, we detail what needs to be done for blockchain and antitrust to achieve greater decentralization, together, from both a technical and legal standpoint.

Popular discourse, when not lumping all cryptoassets together as a homogeneous asset class, has trended towards categorizing blockchain tokens into broad and ill-defined categories. We see this with discussion regarding whether one token or another is fungible versus non-fungible, a security versus e-currency, or where tokens are grouped with vastly ...

I. INTRODUCTION Automated decision-making plays an increasingly larger role in policing. Traditional methods of police investigation have been augmented by tools like facial recognition, predictive analytics, license plate readers, and robotics. These tools allow the police to sift through large amounts of information at a scale and speed not practicable ...

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