The arguments made by the autonomous vehicle (AV) industry for limited regulation and rapid deployment of self-driving car technology bear a striking resemblance to the discussion about the US regulatory response to Covid-19 vaccines. Both appeal to exigent circumstances as a reason for rapid action to save lives, even if that means throwing some precautions [...]
On August 18, 2021, Senators Blumenthal and Markey asked the US Federal Trade Commission (FTC) to investigate Tesla for a misleading advertisement about the capabilities of its “Autopilot” technology. The request follows high-profile accidents involving Tesla vehicles and prior requests for FTC action by others. The FTC ought to investigate by considering what evidence, if [...]
The National Highway Traffic Safety Administration (NHTSA) recently opened a formal investigation into Tesla’s driver assistance system because it appears to have difficulty recognizing stationary emergency vehicles with flashing lights, such as police cars and firetrucks. This investigation presents an opportunity for the NHTSA to answer an important question: What is the federal government’s position [...]
Author’s Note: a longer alternative version of this article with footnotes and instructions for use as an education module is available here. Law students should consider the nature of the common law and why it failed to curb the advance of slavery in America. This suggestion follows both recent discussions in higher education about how [...]
The House decision to strip Marjorie Taylor Greene (R-Georgia) of committee assignments reflects a recent attempt to deal with a perceived failure in the marketplace of ideas. Oliver Wendell Holmes suggested in dissent over 100 years ago (Abrams v. United States (1919)) that the best way to arrive at the truth is by a “free [...]
The Kansas Board of Regents recently voted to endorse a policy making it easier to terminate tenured faculty members. Under existing policy, a Kansas state university first must recognize a “financial exigency.” If implemented, under the new policy a university could reduce tenured faculty positions without that declaration. This would make termination of a tenured [...]
As outlined below, the structure of objections to the November 2020 Presidential election often bear a similarity to arguments made in a court of law to defend a person accused of a crime. Senators with legal training (such as Ted Cruz and Josh Hawley, among others) should be well familiar with this standard. This observation, [...]
The United States has an invaluable asset: the rule of law and its historic role in protecting property rights. This essay highlights the fragile nature of this asset and explains why protecting this asset—particularly in the eyes of foreign investors—must be a priority for a new Biden administration (as it should be for the remainder [...]
This essay reflects on a Sunday spent in Montgomery, Alabama, when a city and a state honored Rep. John Lewis. Here also is a pdf version for anyone that might like to have a copy of this material for personal or educational use. In Montgomery last Sunday, many of those who attended the memorials for [...]
This essay describes a walk not taken with my students. Here is a pdf version for anyone that might like to have a copy of this material for personal or educational use. The purpose of the walk was to show one thing: a big monument cannot fix a small person or a bad idea. This [...]
