Skip to main content

Research Archive

Welcome to Our Research Archive

Search and filter by content type, issue area, author, and keyword

December 9, 2025

Federal Multidistrict Litigation and Social Media Addiction: Onward to Summary Judgment and Bellwether Trials

Tom Petty sang that “the waiting is the hardest part.” It’s a take-it-to-the-heart maxim currently holding true for anyone anticipating the trial-court resolution of more than 2,000 lawsuits (as of October 1, 2025) targeting social media companies in a years-long multidistrict litigation (MDL) proceeding before US District Judge Yvonne Gonzalez Rogers in Northern California. Key…

December 8, 2025

Governor DeSantis Should Champion AI Innovation—Not Regulate It

Florida Governor Ron DeSantis has built a reputation for freeing markets and trusting Floridians. During COVID-19, he reopened the state early, betting that people could manage their own affairs. He has cut red tape, lowered business taxes, and defended the rights of employers and employees to negotiate work arrangements. The results speak for themselves: People…

December 5, 2025

Supreme Court Questions Broadband Provider Liability for User Misconduct

Intermediary liability—when a company should be liable for users’ misuse of its product by users—has been a long-standing issue in tech policy. Two years ago, the Supreme Court dismissed a case alleging Twitter aided and abetted terrorism by allowing ISIS to recruit on its platform. This week, the Court weighed in again, hearing argument in…

December 4, 2025

Wrestling with Hulk Hogan’s Litigation Legacy for Online Journalism

It’s the season when celebrities-who-died-this-year lists proliferate. Terry Gene Bollea—the wrestler Hulk Hogan—will make most 2025 rolls, but his legacy may be his influence over online journalism. Bollea, who died in July, scored a 2016 courtroom triumph over Gawker Media, Nick Denton (Gawker’s founder and owner), and A.J. Daulerio (Gawker’s editor in chief). The invasion-of-privacy…

November 25, 2025

What’s at Stake with the App Store Freedom Act

Americans benefit every day from the world’s most dynamic, secure, and innovative mobile platforms—Apple’s iOS and Google’s Android. These ecosystems launched mobile e-commerce and continue to fuel its unprecedented growth, empowering countless entrepreneurs and enabling powerful parental controls to protect children online. But some lawmakers now want to put others in charge—namely, Washington bureaucrats and…

November 24, 2025

The FTC Failed Against Meta Because It Misunderstands Dynamism

Meta’s big win Tuesday is a victory not only for the company, but also for anyone who believes antitrust law should be grounded in realities, not ideology. A federal judge struck down the Federal Trade Commission’s high-profile antitrust case against Meta, the parent company of Facebook and Instagram, on Tuesday. U.S. District Judge James Boasberg’s message was clear: the…

November 24, 2025

The Hidden Economy Behind Every Scam Email

Remember the last time you got a text that felt off? Maybe it claimed that your package was delayed or mentioned an unpaid toll, with a link to a website that looks seemingly legitimate. But what if that phishing attempt wasn’t the work of a lone scammer? Cybercrime today is a multitrillion-dollar global industry with…

November 21, 2025

Mobilizing Data for the Military and Beyond

Last week, I commented on the infeasibility of establishing a state-of-the-art data center on Australia’s Indian Ocean outpost Christmas Island. While the island is strategically well situated to monitor military movements in the Sunda Strait, Lombok Strait, and Malacca Strait, its distance from land—350 kilometers from Java and 1,500 kilometers from Australia—and the lack of…

November 21, 2025

As Expected, Meta Wins Antitrust Grudge Match

For the first two decades of its existence, the American tech sector flourished under a bipartisan celebration of the country’s global leadership at the cutting edge of digital innovation. Then, almost overnight in 2016, that consensus collapsed. On the left, anti-corporate skepticism drove concerns about the size of American tech companies. On the right, distrust…

November 19, 2025

The Flawed Firing of a Public University Professor: First Amendment Lessons About Online Speech Rights

By late September, the New York Times had identified “more than 145” instances of people being “fired, suspended, reassigned or pushed to resign . . . for things they said about [Charlie Kirk’s] assassination.” NBC News asserted that such actions stemmed from “a campaign propelled by conservative influencers and Republican lawmakers who urged schools and…