Panel 3: Contract Interpretation and Good Faith
Panel 3: Contract Interpretation and Good Faith The George Washington University Law School’s Dean Blake Morant began the third panel, “Contract Interpretation and Good Faith” by introducing and welcoming Martin Hogg, Professor of the Law of Obligations from Edinburgh Law School; Robert Stevens, Herbert Smith Freehills Professor of English Private Law from the University of... Read More
Panel 2: Contractual Remedies
Panel 2: Contractual Remedies Professor Martin Hogg, co-host of the Symposium and Professor of the Law of Obligations at Edinburgh Law School, introduced our esteemed panelists and moderated the second panel’s robust discussion of contractual remedies. Chen-Wishart, Professor of the Law of Contract and Associate Dean of Graduates at Oxford University, kicked off the conversation. ... Read More
Panel 1: Share Economy and the Edges of Contract Law
Panel 1: Share Economy and the Edges of Contract Law The first panel of The George Washington Law Review Symposium was titled “Share Economy and the Edges of Contract Law.” The panel addressed how the new sharing economy has tested (and continues to test) the bounds of contract law. The panel approached this issue from... Read More
Keynote Address by the Right Honorable Lord Patrick Hodge
Keynote Address by the Right Honorable Lord Patrick Hodge On November 19, 2016, the Right Honorable Lord Patrick Hodge delivered the Keynote Address at The George Washington Law Review’s Symposium, Divergence and Reform in the Common Law of Contracts. Lord Hodge, Justice of the Supreme Court of the United Kingdom, framed his remarks around the... Read More
The Failure of the Computer Fraud and Abuse Act: Time to Take an Administrative Approach to Regulating Computer Crime
Ric Simmons 84 Geo. Wash. L. Rev. 1703 Whenever a legislature creates a technology-specific crime, it faces a number of challenges. First, there is a risk that the new statute will merely duplicate existing crimes, thus over criminalizing the conduct and creating unnecessary confusion. Second, the legislature needs to ensure that it provides the proper... Read More
Regulating Software When Everything Has Software
Paul Ohm and Blake Reid 84 Geo. Wash. L. Rev. 1672 This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent... Read More
The “Narrow” Interpretation of the Computer Fraud and Abuse Act: A User Guide for Applying United States v. Nosal
Jonathan Mayer 84 Geo. Wash. L. Rev. 1644 Over the past decade, courts have radically reshaped the landscape of federal computer crime law. Through a set of innovative interpretive maneuvers, the judiciary has both greatly clarified and sharply narrowed the scope of Computer Fraud and Abuse Act (“CFAA”) liability. This “narrow” CFAA doctrine is winning... Read More
Authority and Authors and Codes
Michael J. Madison 84 Geo. Wash. L. Rev. 1616 Contests over the meaning and application of the federal Computer Fraud and Abuse Act (“CFAA”) expose long-standing, complex questions about the sources and impacts of the concept of authority in law and culture. Accessing a computer network “without authorization” and by “exceeding authorized access” is forbidden... Read More
A Proposed Amendment to 18 U.S.C. § 1030—The Problem of Employee Theft
Michael L. Levy 84 Geo. Wash. L. Rev. 1591 The problem of what constitutes “unauthorized access” and “access in excess of authorization” to a protected computer under 18 U.S.C. § 1030 is proving to be intractable. At the same time, businesses are experiencing significant losses, as disloyal employees, on their way to new employment, take... Read More
Measuring Computer Use Norms
Matthew B. Kugler 84 Geo. Wash. L. Rev. 1568 Unauthorized use of computer systems is at the core of computer trespass statutes, but there is little understanding of where everyday people draw the line between permissible and impermissible computer use. This Article presents a study that measures lay authorization beliefs and punishment preferences for a... Read More