Law & Technology: Major Technological Questions

Session 6: Major Technological Questions
co-authored with Michael Abramowicz
John Duffy (UVA)

Room 134
Thursday, April 11, 2024
10:00 – 11:50 a.m. (PT)
Organized by Proj. Tejas Narechania & Prof. Colleen Chien

Abstract
Major Technological Questions
co-authored with Michael Abramowicz

In this Essay, we approach that question with insight drawn from an emerging and important doctrine in the law governing federal statutory interpretation—the “major questions doctrine.” That doctrine requires existing statutes delegating power to an administrative agency to be interpreted as simply not addressing—and thus not authorizing agency action on—major economic and social issues unless the statutory language is relatively clear. The major questions doctrine thus prevents preexisting statutes from being viewed as controlling authority where the inference is weak that the Congress meant to make any decision on the issue, including even a decision to delegate the issue to an administrative agency.

Colloquium Description

In the context of technology, how can the law promote abundance, efficiency, and access while also advancing values like fairness, safety, and privacy? What institutional arrangements and governance structures best support the consistent and equitable application of the law? And what empirical and legal theoretical insights can be leveraged to explain or improve the development and operation of technology law and policy? In this colloquium, we will explore these and related questions through the lens of seven projects, whose subject matter will draw from intellectual property, telecommunications, and related bodies of technology law.

Full Colloquium Calendar Schedule: