Scholarly Archive
A curated digital archive of peer-reviewed scholarship at the intersection of law and technology, originally published by UC Hastings College of the Law (2009–2018).
One of the earliest academic analyses of Bitcoin as a legal and economic phenomenon. This paper examined the regulatory implications of decentralized digital currency before most institutions had taken notice, and has since been cited by the New York Times and dozens of legal scholars.
A critical examination of the legal and ethical concerns surrounding the rapid expansion of forensic DNA databases in the United States. The article explores Fourth Amendment implications, familial searching, and the balance between public safety and genetic privacy.
An influential paper on IP privateering — the practice of corporations using third-party entities to enforce patent rights. The concept introduced here has shaped subsequent policy debates around patent trolls and licensing strategies.
An early analysis of what would become the General Data Protection Regulation (GDPR). Written years before the regulation took effect, this piece anticipated many of the compliance challenges that businesses now face daily.
A detailed legal analysis of the tensions between FDA importation programs and pharmaceutical patent protections under the Hatch-Waxman Act, with implications for generic drug accessibility in the United States.
As litigation increasingly involves data stored in cloud infrastructure, this article examines the legal framework for electronic discovery when critical evidence resides on servers controlled by third-party providers across multiple jurisdictions.
The open internet debate, broadband classification, and three FCC regulatory frameworks in seven years. How telecommunications policy struggled to keep pace with technology.
When a self-driving car causes an accident, who is liable? Product liability, software classification, and the regulatory patchwork facing autonomous vehicle manufacturers.
Content moderation, Section 230, and whether constitutional free speech principles should apply to private platforms that function as the modern public square.
The Defend Trade Secrets Act, state-sponsored cyber espionage, and how the definition of reasonable security measures has become a moving target.
When anyone can manufacture a patented object at home with a downloaded file, the assumptions underlying patent enforcement face a fundamental challenge.
Interstate licensing, malpractice liability, and prescribing regulations when healthcare delivery crosses state lines through a screen.