Category: Technology

Is Social Media the Next Big Tobacco? Public Nuisance Litigation and the Limits of Section 230

Kennedy Aikey examines the growing wave of litigation against major social media companies, specifically the recent case holding Meta and YouTube liable, and asks whether social media could become the next Big Tobacco. She explores how plaintiffs use nuisance theories to argue that platforms such as Meta, YouTube, TikTok, and Snap Inc. intentionally designed addictive platforms that harm youth mental health. She also analyzes whether claims that focus on the design of social media platforms, rather than on user-generated content, could allow plaintiffs to bypass the liability shield created by Section 230 of the Communications Decency Act.

AI as a Force Multiplier: The New Era of Serial ADA Litigation

AI is transforming ADA litigation, making it easier than ever for serial filers to generate high volume claims. But as courts confront fabricated citations and AI assisted filings, the system’s vulnerabilities are becoming increasingly apparent. In her latest article, Mofe Koya explores how AI is reshaping enforcement—and the challenges that come with it.

Steps, Sleep, Safety: Rethinking Privacy for Wearable Health Devices

Katie Bunch examines how wearable healthcare devices collect sensitive health data that often falls outside of HIPAA protections. She explores potential gaps in federal and state privacy laws and argues for stronger consent requirements, expanded HIPAA coverage, and more uniform protections to ensure consumers’ health information is safeguarded as technology continues to advance.

Legislating in the Digital Age: Ohio’s Attempt to Implement Age-Based Restrictions on Access to Social Media Platforms

In this article, Stella Brocker explores a currently blocked Ohio law that would impose age-based restrictions on social media usage, causing such use by minors to be subject to parental consent. She analyzes the constitutional issues implicated by such legislation and considers alternative regulatory strategies for lawmakers that may be better suited to address the harms associated with youth social media use and access.

Rewarding Creativity or Condoning Copyright?

Leah Luckett discusses current AI copyright cases that have been decided or are ongoing. She discusses how the fair use doctrine has shaped copyright law and now is shaping artificial intelligence development. Eventually she concludes authors may not be receiving the protection they deserve.

Recognition Rights In An AI Driven World

Leah Luckett considers current Fourth Amendment jurisprudence and its potential impact on quickly evolving artificial intelligence technology used by law enforcement. She considers different ways the Court could analyze the privacy interests at stake and ultimately concludes legislation could be a better fit for tackling the issue.

Advancing Computation Of Just Compensation: An AI-Based Approach To Property Valuation In Eminent Domain

In this article, Molly McInnis examines the application of AI-based property valuation models in the context of eminent domain. She analyzes both the advantages and risks this technology may present in condemnation proceedings and advocates for expert oversight of the technology to ensure accuracy and fairness. Her analysis addresses this issue in the context of the Fifth Amendment’s guarantee of just compensation, arguing that the strategic use of AI could work to strengthen this constitutional safeguard for property owners.

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