Volume 14, Issue 2

Spring 2018


Amazon and the New World of Publishing

by Guy Rub

Chris Sagers’s new book, Apple, Antitrust, and Irony, focusing on the eBooks price-fixing conspiracy that led the Department of Justice (“DOJ”) to sue Apple in 2012, tackles an interesting conundrum. On one hand, the government’s case against Apple was strong and clear. Supported by undisputable written evidence, the government claimed and eventually proved that Apple initiated and coordinated a plan that required all major book publishers to license their eBooks...


Market Definition and Free Online Services: The Prospect of Personal Data as Price

by Magali Eben

Market definition is an essential part of antitrust law. When companies are penalized for their behavior, it is because their actions restrict competition within a certain market. The delineation of that market has important consequences for companies, affecting whether they are dominant, or whether their agreements are deemed anti- competitive. Google, the world’s biggest search provider, is experiencing this first-hand: the European Commission ordered it to pay...


Private Computer Searches and the Fourth Amendment

by Jeff Kosseff

Walter Ackerman’s case reveals an increasingly difficult Fourth Amendment dilemma that courts have faced in recent years: when is a private party’s search subject to the Fourth Amendment’s protections? In other words, should Fourth Amendment protections apply to online service providers such as AOL and nonprofits such as NCMEC? What about computer repair store employees who incidentally discover illegal content while fixing a customer's computer...


The Challenges of Prediction: Lessons from Criminal Justice

by David G. Robinson

Government authorities at all levels increasingly rely on automated predictions, grounded in statistical patterns, to shape people’s lives. In this, the government follows a trend pioneered in the private sector, and reflected across society: a turn toward quantitative, empirical approaches to decision-making. The move is visible in everything from the piecemeal targeting of political campaigns; to the adaptive learning systems fast spreading through school...


Prior volumes of the Journal can be viewed here.