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Posts by Margot

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"Everything has to happen somewhere" - Tim Wu on the "catalytic spaces" or platforms where everything hapoens

2 months ago 1 1 0 0
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5 months ago 10 0 1 0
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Colorado Law names new Professorships, Dean’s Scholars Award Recipients Colorado Law is thrilled to announce our newest Professorships, along with the three recipients of the Dean’s Scholar Awards. These individuals already bring

I'm grateful and delighted to have received the Moses Lasky Professorship www.colorado.edu/law/2025/10/.... (and congratulations to my colleagues for well-earned recognition!)

5 months ago 18 1 5 0
Pluralism and Listeners’ Choices Online – Southern California Law Review “The plain, if at times disquieting, truth is that in our pluralistic society, constantly proliferating new and ingenious forms of…

See also Alan Chen's response, Pluralism and Listeners' Choices Online.

southerncalifornialawreview.com/2025/09/25/p...

6 months ago 5 2 1 0

Listeners' Choices Online is now online. I hope you will choose to listen to it!

james.grimmelmann.net/files/articl...

6 months ago 7 5 2 0
Should drafters be penalized for clearly unenforceable terms? - Courts Law Daniel Wilf-Townsend, Deterring Unenforceable Terms, 111 Va. L. Rev. __ (forthcoming 2025), available at SSRN (June 6, 2024).Maureen CarrollMost of us (if not all) have entered a contract with one or ...

It was very nice to have two of my recent articles featured in JOTWELL reviews this month—Maureen Carroll on "Deterring Unenforceable Terms," courtslaw.jotwell.com/should-draft...
and @margotkaminski.bsky.social on "The Deletion Remedy" cyber.jotwell.com/ai-disgorgem...

6 months ago 3 1 1 0

Can't wait for your reporting on this.

7 months ago 3 0 0 0
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AI Disgorgement or AI Recalls: A Trip down Remedy Lane - Technology Law Daniel Wilf-Townsend, The Deletion Remedy, 103 N. Car. L. Rev. __ (forthcoming 2025), available at SSRN (Sept. 20, 2024). Christina Lee, Beyond Algorithmic Disgorgement: Remedying Algorithmic Harms, ...

Two great new articles on AI "recalls" (aka model disgorgement): cyber.jotwell.com/ai-disgorgem...

7 months ago 0 1 0 0
An American's Guide to the EU AI Act <p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma

Essential reading for AI law - @margotkaminski.bsky.social and @aselbst.bsky.social - "An American's Guide to the EU AI Act"
papers.ssrn.com/sol3/papers....

8 months ago 10 6 0 0

The AI Act is a long and confusing piece of legislation that relies heavily on other EU laws and institutions. If you’re a US lawyer who doesn’t have a background in EU law, then even if you read it there’s probably a bunch you missed. Good news! We’ve got a paper for you!

8 months ago 8 2 0 0
An American's Guide to the EU AI Act <p>The EU AI Act entered into force in August 2024. The AI Act is long. It is complicated. It relies on a regulatory framework and institutions unfamiliar to ma

An American's Guide to the EU AI Act papers.ssrn.com/sol3/papers.... With @aselbst.bsky.social

8 months ago 11 4 0 1

"In the race to figure out just what AI systems are good for, our kids should not be treated as experiments." The fight to preserve AI regulation and protect children isn't over thehill.com/opinion/tech... with Prof. Jones in The Hill

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The Right to Explanation in the AI Act This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect

The EU AI Act establishes a different right to explanation of an AI system's decisions than the GDPR: papers.ssrn.com/sol3/papers.... (by Kaminski & Malgieri)

11 months ago 5 1 0 0
The Right to Explanation in the AI Act This chapter offers a comprehensive analysis of Article 86 of the EU Artificial Intelligence Act, which introduces a right to explanation for individuals affect

The Right to Explanation in the EU AI Act, Explained papers.ssrn.com/sol3/papers.... Art. 86 commentary for those interested

11 months ago 6 3 0 0
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Regulating the Risks of AI Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present chall

I'm honored to have received the Sandgrund Award @ Colorado Law for Best Consumer Rights Work, for Regulating the Risks of AI (published 2023, available here papers.ssrn.com/sol3/papers....)

Hopefully that consumer rights work doesn't immediately get preempted.

11 months ago 9 1 0 0
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| Knight First Amendment Institute

NEW JOB: The Knight Institute (@knightcolumbia.org) is looking for a staff attorney to join us for a two-year position. It's an extremely busy time for the First Amendment, and we could use some more hands on deck!

knightcolumbia.org/page/staff_a...

11 months ago 33 33 2 1

A great and substantive two days of Freedom of Expression Scholars Conference @yaleisp.bsky.social . Panel on the substance, scope, and methods of the Internet Law Canon was a highlight (with Balkin, Reid @chup.blakereid.org, Weiland @morganweiland.bsky.social) @yalelawschool-yls.bsky.social

11 months ago 9 0 0 1

Ooh! I got cited in the en banc right-to-record case (Project Veritas) in the Ninth Circuit, along with other great scholars in that space. It's encouraging when hard work gets read and used. cdn.ca9.uscourts.gov/datastore/op...

1 year ago 10 0 0 0

"Poorly designed algorithms used to make consequential decisions... lead to a loss of trust in government and costly redesign."

Deirdre Mulligan, making the case that the responsible AI governance in government is both good policy and better financial decisionmaking.

1 year ago 6 0 0 0
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From Gods to Google The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious spe...

From Gods to Google is now out in the Yale Law Journal

Following First Amendment challenges to tech regulations? We tell a different story of the caselaw: not (just) Lochnerean but the output of this Court’s religious speakers cases www.yalelawjournal.org/feature/from...

1 year ago 10 2 1 0
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28th Annual BTLJ-BCLT Spring Symposium: AI Governance at the Crossroads

At Berkeley today www.law.berkeley.edu/research/bcl...

1 year ago 6 1 0 0

I'm just now reading the Fifth Circuit opinion in Free Speech Coalition. It's another example of From Gods to Google: use of NIFLA to find unconstitutional a warning label requirement. (Albeit a probably unconstitutional requirement, for other reasons. But this is how bad precedent gets made.)

1 year ago 2 0 0 0
From Gods to Google <p>The First Amendment has become a significant barrier to sensible technology regulation. The conventional explanation for this is the Court’s deregulatory tur

Just presented "From Gods to Google" @gwlaw.bsky.social, which tracks the Court's religious speaker cases and the (surprising?) arsenal they create for tech companies, especially in lower courts. SCOTUS faces a First Amendment impasse of its own making. papers.ssrn.com/sol3/papers....

1 year ago 5 2 1 0

And Sorrell cited nowhere in TikTok

1 year ago 3 0 1 0
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The last thing I'll say about TikTok (for now) is that it is an absolute boon to data privacy laws facing First Amendment challenges. One big move: SCOTUS distinguishes between a government interest in preventing harmful "data collection," and a government interest in regulating speech.

1 year ago 36 11 0 2
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Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern | The White House By the authority vested in me as President by the Constitution and the laws of the United States of America, including the

www.whitehouse.gov/briefing-roo...

1 year ago 0 0 2 0

Turner I & II: the new [scrutiny] law of the internet. You could see this coming post-Moody v. NetChoice; this cements it.

1 year ago 1 1 0 0

Completely. And this is very strange to read from SCOTUS in light of Clapper v. Amnesty Int'l. When it's about individual standing, no dice. But government interest? Doesn't matter if speculative.

1 year ago 2 1 0 0