The American Counsel (Page 4)

The American Counsel

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The Legal Imperative to Protect Human Dignity from the Dehumanization of Electronic Surveillance

The essay reads Pope Leo XIV’s Magnifica Humanitas alongside American privacy law and scholarship on dignity. It argues for limits on surveillance, profiling, and data extraction that protect people’s autonomy and legal status.

Ticket Price Caps, Antitrust Drift, and the Return of Regulation

The essay uses ticket resale caps to examine the relationship between antitrust enforcement and direct price regulation. It argues for attention to ticketing infrastructure, platform access, and structural sources of market power.

When Trusted Healthcare Software Quietly Hands Private Health Information to Someone Else’s AI

The essay examines how embedded AI can change where patient information goes after healthcare software is approved. It considers downstream vendors, secondary data uses, and contract controls for access, retention, and accountability.

Ambulance Roll-Ups, Consolidation, Private Equity, and the Role of Antitrust

The essay examines consolidation among ambulance manufacturers and the evidence needed to evaluate antitrust claims. It considers repair restrictions, dealer access, and procurement terms that could preserve practical alternatives for public buyers.

Preemption: The White House AI Framework’s Real Design

The essay analyzes the White House’s proposed AI framework and argues that preemption could reduce state oversight without creating equivalent federal duties. It considers developer liability, market concentration, and contract protections.

When Courts Adopt AI in the Dark: Privacy, Legitimacy, and the Democratic Stakes of Los Angeles’s Learned Hand Experiment

The article examines a court’s adoption of generative AI for judicial work. It considers privacy, disclosure, and the risk that automated summaries and drafts can influence independent judgment before a judge reviews the result.

Supreme Court Holds in GEO Group, Inc. v. Menocal That Yearsley Is a Merits Defense, Not Immunity

The article examines the Supreme Court’s treatment of the Yearsley defense and the distinction between immunity and a defense on the merits. It considers the consequences for government contractors seeking immediate appellate review.