In the Google Case, the Justice Department Continues to Help Companies, Not Consumers

Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.


By Daniel Lyons

For almost three decades, President Joe Biden has built an image as a champion of everyday Americans. So it’s surprising to see his antitrust policy increasingly place companies, not consumers, at the center of its agenda. This shift is on full display in next month’s United States v. Google trial, which challenges Google’s position as the default search engine for smartphones and browsers. Two pretrial motions present an interesting question: If the defendant’s conduct improves the consumer’s experience, how should this factor into the court’s analysis of whether the conduct is anticompetitive?

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How Law Students Can Use ChatGPT (Ethically)

ChatGPT, an artificial intelligence chatbot developed by OpenAI, has garnered much attention since its launch in November 2022. The program has the capability to generate text that closely mimics human writing in response to a given prompt, and its application has spanned across a range of fields from customer support to legal research. 

In an academic context, the conversation often revolves around how students are using the program to write their essays, final exams, and other assignments (Take a look at our recent Impact post In Re: ChatGPT). As a result, many educational institutions have established specific prohibitions on using the chatbot, with Best Colleges even publishing a list of bans. However, I think there is real value in ChatGPT for law students–as long as you use it appropriately.

“Used in the right way, ChatGPT can be a friend to the classroom and an amazing tool […], not something to be feared.”

Adam Stevens, History Teacher
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In Re ChatGPT

Much like kids on a long drive playing “I spy” with passing cars, the modern news cycle is often ephemeral in its nervous fixations. Cases in point: a week spent earlier this year in a national discord over the topic of banning gas stoves; the tizzy over Chinese spy balloons; classified documents in a garage with Joe Biden’s Corvette; or any of the other made-for-breaking-news idée fixes that pass in and out of the national consciousness with mind-numbing regularity.

But ChatGPT–the new “generative AI” technology that can use artificial intelligence to produce strikingly well-written prose on the topic–has stuck around. Much like last year’s fanfare over generative art AI like “DALL-E” (which does a similar thing but with visual images), people seem both curious and fascinated by exploring this amusing new tool.

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Technology in the Classroom: A Blessing or a Curse?

These days, technology is so ingrained in our lives that it’s practically impossible to go without it. While there are those who oppose our collective reliance on phones and computers to go about our daily lives, it’s hard to deny the benefits. Technology has revolutionized many aspects of human life, including our careers, and the legal field is no exception. Gone are the days of spending hours in a library pouring over volumes of case reporters — now, you can simply plug keywords into Westlaw and have access to whatever information you need right away. But if lawyers nowadays are constantly using technology to do their jobs, why is it that some professors institute no-tech policies in the classroom?

Before going any further, I should acknowledge that I’m biased. As a member of Gen Z with a father who works in the tech industry, I grew up using technology for pretty much everything. I rely on the GPS to get everywhere, I watch YouTube videos instead of reading instructions, and the last time I took handwritten notes for class was in middle school. My freshman year of high school was the first year the administration decided to give all the students iPads — a product with great educational potential, but in the hands of teenagers, probably more of a distraction. 

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