The Record

Networked Governance

This submission introduces the phrase “networked governance” as a term to describe how a broad array of platforms— not just Facebook— are conceptualizing the engagement of external actors and organizations in the creation and implementation of content standards. This terminology builds on theories from new institutionalism/neo-institutionalism and organizational sociology, taking as its starting point the “demise of the isolated and sovereign actor or organization” and placing an emphasis on “understanding interaction” between interdependent actors and organizations.

Tech Drift & Powerlessness

Tech drift is the phenomenon where a change in technological context alters policy outcomes. Tech drift can cause legal vulnerabilities. Socially empowering policies such as labor and employment laws can become inaccessible or ineffective because of changing technological contexts. But tech drift begets more than legal weakness. It also constitutes tech politics, as one of tech drift’s outcomes is a shift in the locus of struggles over policy outcomes: from policy enactment, blocking, or reform to the very shaping of tech context.

Enhancing the Innovative Capacity of Venture Capital

How can law help translate great ideas into great innovations? Venture capital (VC) markets play an increasingly important role in funding innovation, and they have benefitted from substantial public support. While venture capital is almost synonymous with innovation, the ability of VC markets to catalyze innovations is often overstated. This Article examines the innovation limitations of VC and the role of law and policy in enhancing its innovative capacity.

Judging Autonomous Vehicles

The introduction of any new technology challenges judges to determine how it fits into existing liability schemes. If judges choose poorly, they can unleash novel injuries on society without redress or stifle progress by overburdening a technological breakthrough. The emergence of self-driving, or autonomous, vehicles will present an enormous challenge of this sort to judges. This technology will alter the foundation of the largest source of civil liability in the United States.

In a New Light: Social Media Governance Reconsidered

Our aim for this special issue is to bring a few novel approaches to platform governance which can be applicable to social media and other online platforms. The different scholars included in this issue approach social media governance through different lenses, and sometimes use different terminology (e.g., “platforms” vs. “technology firms” vs. “social media companies”). Yet the common thread is the importance of exploring new ideas for managing the social impact, good and bad, that these large players have in our society.