In this essay, Professor Balkin argues that digital technologies alter the social conditions of
speech and therefore should change the focus of free speech theory, from a Meiklejohnian …

In the United States, proposals for informational privacy protection have proved enormously
controversial. On a political level, such proposals threaten powerful data processing …

" Does generative AI infringe copyright?" is an urgent question. It is also a difficult question,
for two reasons. First," generative AI" is not just one product from one company. It is a catch …

When Ralph Brown wrote his seminal article on trademark law fifty years ago, the modem
era of trademark law had just begun. The Lanham Act, the foundation of trademark law …

Section 107 of the Copyright Act of 1976 establishes the affirmative defense to copyright
infringement of" fair use."'This affirmative defense represents the most important-and …

The standard justification for intellectual property is ex ante: the goal of intellectual property
is to influence behavior that occurs before the right comes into being. It is the prospect of the …

T he history of the First Amendment is the history of its boundaries. Though the strength of
American free speech doctrine is located chiefly in the formidable barriers that …

Privacy is a popular word, and government attempts to" protect our privacy" are easy to
endorse. Government attempts to let us" control... information about ourselves"" sound …

Fair use has been invoked as a defense to claims of copyright infringement in a wide array
of cases over the past thirty years,'including when someone has drawn expression from an …

Negligence law is often asked to adapt to new technologies. So it is with artificial intelligence
(" Al"'). Though AI often conjures images of autonomous robots, especially autonomous …