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The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “AI & Big Data”

Your State Government Has a Friend Request Pending

A bevy of states are racing to mandate “digital choice” in social media. The new bills promise easy data portability and forced interoperability among platforms—letting users carry their accounts, contacts, and content across services through open protocols. Utah enacted the first such law in 2025, and legislatures in Virginia, South Dakota, New York, California, and ... Your State Government Has a Friend Request Pending

Regulating the Tool or the Trouble? A Survey of State AI Bills

Debates about federal preemption in artificial-intelligence (AI) policy often pose a stark choice: Congress adopts a national framework and states lose the ability to police harmful conduct, or states retain broad authority and businesses face a 50-state compliance patchwork that chills innovation. Our review of state AI bills suggests the debate is aimed at the ... Regulating the Tool or the Trouble? A Survey of State AI Bills

The AI Filing Cabinet That Isn’t There

Policymakers and commentators often treat large language models (LLMs) as if they were searchable repositories of personal data. The intuition is understandable: these systems train on massive corpora that may include personal information, and they occasionally generate outputs referencing real people. But the analogy is still wrong. And policy built on it risks distorting both ... The AI Filing Cabinet That Isn’t There

Japan’s Experiment in Regulating Mobile Competition the European Way

As ex ante regulation sweeps across digital markets, Japan has decided not to stand athwart the global tide. With the Mobile Software Competition Act (MSCA) taking effect in December 2025, Tokyo aligned itself with the European Union’s effort to redesign platform competition by rule rather than by case. Among competition scholars, the prevailing mood is ... Japan’s Experiment in Regulating Mobile Competition the European Way

AI’s Labor Impact Will Emerge from the Institutions that Govern Its Use

The public debate around the expected labor impact of artificial intelligence (AI) has settled into a familiar pattern: headlines warn that AI is poised to eliminate millions of jobs, destabilize labor markets, and recreate the dislocation of past technological revolutions. But the emerging empirical record tells a different and more nuanced story. Early examinations of ... AI’s Labor Impact Will Emerge from the Institutions that Govern Its Use

AI, Entrepreneurialism, and the Next Technological Ecosystem

Debates about artificial intelligence often focus on the technology’s intrinsic qualities, such as its speed, scale, and uncanny ability to generate text or code. But the lesson we should draw from every major technological transition since World War II has been that economic outcomes are not determined by technology alone. The institutional framework surrounding those ... AI, Entrepreneurialism, and the Next Technological Ecosystem

The Government Enters the Data-Sharing Game

The U.S. Justice Department (DOJ) recently announced a proposed settlement with RealPage Inc. that would strictly prohibit the company from using competitors’ nonpublic data in its rental-pricing software. Curiously, that remedy is nearly the precise opposite of the September order from the U.S. District Court for the District of Columbia in a suit the DOJ ... The Government Enters the Data-Sharing Game

Beyond a Moratorium: Toward a Competency-Based Approach to AI Governance

As state legislatures across the country prepare to convene in early 2026, a predictable panic is setting in among the architects of the artificial-intelligence (AI) revolution. From Sacramento to Hartford, legislation appears certain to proliferate seeking to regulate everything from algorithmic discrimination to the fundamental compute power used to train large language models (LLMs). The ... Beyond a Moratorium: Toward a Competency-Based Approach to AI Governance

‘Law Proofing the Future,’ by Gregory M. Dickinson

Calls to “future-proof the law” are everywhere these days. Politicians promise it. Regulators organize panels around it. Scholars fill symposium volumes with it. The phrase resonates—who wouldn’t want the law to stand steady against the tide of AI, deepfakes, and algorithmic manipulation? But Gregory Dickinson’s forthcoming piece, “Law Proofing the Future” (Harvard Journal on Legislation, ... ‘Law Proofing the Future,’ by Gregory M. Dickinson

Two Faces of Inefficiency in European Competition Law

Whatever else one might want to say of the European Commission in 2025, they cannot be accused of idleness. Spurred by leadership change and mounting evidence of Europe’s economic malaise, the Commission has been working hard to update its competition toolbox. Calls for evidence have been issued across multiple areas, from guidance on technology-transfer agreements ... Two Faces of Inefficiency in European Competition Law

India’s Calm in the AI of the Storm

Every major technological leap in human history—whether it be the printing press or the automobile or the internet—has been greeted by an uneasy blend of optimism and trepidation. Optimism for the opportunities each new technology offers—for change, evolution, empowerment, and growth. And trepidation that the new equilibrium might upend the established order, destroy jobs, devalue ... India’s Calm in the AI of the Storm

How the White House’s AI Action Plan Could End Antitrust Overreach

The AI Action Plan unveiled in July by President Donald Trump could mark a turning point for U.S. antitrust policy. By directing the Federal Trade Commission (FTC) to prioritize innovation, the plan offers a historic opportunity to lift onerous regulatory burdens, restore measured enforcement, and repudiate the overreaches of former FTC Chair Lina Khan’s regime. ... How the White House’s AI Action Plan Could End Antitrust Overreach