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Brian Downing

@briandowning.bsky.social

Assistant professor of law at @olemiss.bsky.social . Using this to rate SCOTUS oral args. Rating guide: https://briandowning.medium.com/notes-on-rating-supreme-court-oral-advocacy-0859f8952930. Former Google lawyer/eng.

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Lawrence Solum@lsolum.bsky.social · 2mo ago

Downing on Bargaining with the Brussels Effect Brian Downing (University of Mississippi - School of Law) has posted Bargaining with the Brussels Effect…...

Downing on Bargaining with the Brussels Effect

Brian Downing (University of Mississippi - School of Law) has posted Bargaining with the Brussels Effect, 29 Vand. J. Ent. & Tech. L. ___ (2026) on SSRN. Here is the abstract: The U.S. lightly regulates digital platforms’ policies. Policies include what personal data appears in search results or which comments show up on social networks. U.S. scholars, judges, and some government officials make arguments to justify this hands-off approach in the vein of: “whatever you think of these technology companies, it is better that private actors manage their services rather than the government.”

legaltheoryblog.com

Brian Downing@briandowning.bsky.social · 2mo ago

New paper! Taking a de-regulatory stance in the U.S. towards tech companies doesn’t do what its proponents believe it does. It doesn’t give companies freedom of action or support First Amendment values. It causes tech to defer to EU regulations. ssrn.com/abstract=679...

Bargaining with the Brussels Effect

<p><span>The U.S. lightly regulates digital platforms’ policies. Policies include what personal data appears in search results or which comments show up on soci

ssrn.com

Brian Downing@briandowning.bsky.social · 4mo ago

I would’ve enjoyed watching Trump v Barbara today. But I can’t. Only well-funded folks or those in D.C. can. I’d love to not use GenAI to give a sense of oral arguments, but until SCOTUS relents, my paper proposes it’s better than nothing (with vid clips): papers.ssrn.com/sol3/papers....

Artificial Oral Arguments

<span> <p><span>The United States Supreme Court resists placing cameras in its courtroom. As techniques from film to TV to internet streaming developed over th

papers.ssrn.com