Professor Solow-Niederman identifies the themes that run through the series, explores the challenges that disruptive technologies pose to current law and policy, and points to the human values at stake with each development and intervention.
Destination Unknown: The Perilous Future of Blockchain and Artificial Intelligence Technologies Under the California Consumer Privacy Act of 2018
This piece elucidates how the California Consumer Privacy Act of 2018 may serve to stifle widespread commercial applications of technologies utilizing Blockchain and artificial intelligence. Though the requirements under the Act are designed to protect consumer privacy, they threaten the ability of companies using these technologies to innovate—or even operate—if they have any contact with...
Blockchain Technology and the Government: Dealing With the Threat of Data Manipulation and Increasing Records Longevity
Issues with record-keeping and management of records has long been a barrier to efficient administration within the government. This piece provides an overview of the technology behind blockchain and explores how it can be used to facilitate record keeping that may provide greater security and accuracy of records.
An Incomplete Masterpiece
The recent wave of commentary on Masterpiece Cakeshop sounded a common theme: disappointment, even frustration. This article contends that Masterpiece is a flawed decision because of its fundamental incompleteness. Despite being held out as an opinion on religious liberty, Kennedy’s decision omits any discussion of whether the state interest might outweigh the baker’s religious freedom.
W(h)ither Environmental Justice?
This article considers Gitanjali Nain Gill’s recent book Environmental Justice in India, the first comprehensive look at India’s National Green Tribunal. In addition to assessing issues concerning the best ways to integrate science into judicial decisionmaking and highlighting India’s failure to maintain good environmental data, it argues that the Tribunal’s record reveals several crucial...
A Critical Race and Disability Legal Studies Approach to Immigration Law and Policy
This piece argues that the progressive immigration reform must take into account the ways in which racism and ableism permeate the immigration system, and calls for a more intersectional approach to immigration law and policy scholarship and practice. It highlights one organization’s recent efforts to put this intersectional approach into research and practice.
Mental Disability, Exceptional Abortion, and the Pain-Capable Unborn Child Protection Act
This piece argues that the underlying logics of the Pain-Capable Unborn Child Protection Act, which recently gained traction in Congress but failed to be passed, raise serious concerns that have been largely overlooked, and calls for a more thoughtful consideration of mental health and disability in contemporary gender and reproductive discourse and politics.
Sexual Violence, Disability, and Empowerment: The Attorney’s Role
This piece highlights the issues at the intersection of disability and sexual violence. It provides a case study of a woman with a disability who interacts with the criminal justice system after reporting a sexual assault and explains the associated legal issues. The piece then concludes with a call to action for the legal profession to empower survivors with disabilities.