Journal of Law and Mobility

The Journal of Law and Mobility are a resource for scholarship, analysis, and information concerning law connected and automated vehicles and new mobility concepts. An online-only publication, the Journal accepts submissions of short scholarly works (usually between 2,000-6,000 words, footnotes inclusive) as well as shorter blog posts. All submissions are reviewed before publication  by members of our Editorial Board, with help from our student Research Editors. For more information and derails on how to submit your piece for our consideration, visit our submissions page.

2021 Conference – Expert Participants

Brave New Road: The Role of Technology in Achieving Safe and Just Transport Systems Expert Participants Tuesday, March 23 Emerging Transportation Technologies, a Primer A write-up of this panel is available here Moderator: Emily Frascaroli, Managing Counsel, Product Litigation Group, Ford Motor Company (US) Emily Frascaroli is managing counsel of the Product Litigation Group at

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The Relationship Between Social Innovation and Active Mobility Public Services

This article aims to discuss the relationship between social innovation and public services on active mobility. Two active mobility initiatives are considered in the city of São Paulo, and analyzed based on 11 variables that characterize social innovation. Through the mapping of recent Brazilian regulatory frameworks for active mobility and a low-carbon economy, we can propose the following relationship: the more local (municipal) the public policy, the greater its social influence and participation. However, despite the advances indicated by both experiences of active mobility analyzed (highlighting the role of organized civil society), and by the progress in the regulatory framework, until now innovative practices in the local context have been restricted to the treatment of pedestrian spaces. Therefore, there exists a great potential for the continued introduction of innovations in the improvement and scale of public services for pedestrian mobility, following the paradigm of sustainable urban mobility, and based on social participation.

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Who Gets to Operate on Herbie? Right to Repair Legislation in the Context of Automated Vehicles

By Jennifer J. Huseby
You bought it, you own it, but do you have the right to repair it? As right-to-repair remains a hot topic in the context of consumer electronics such as smartphones, one must consider the ramifications it may have for the automated vehicle (“AV”) industry. As the backdrop for one of the first legislative victories for right-to-repair, the automobile industry has continued to push for the expansion of right-to-repair to cover increased access to telematics and exceptions to proprietary software controls. However, as we revisit the issue for more highly connected and automated vehicles, it is important to assess the unique considerations of the AV sector before we can transpose previously learned lessons into a new, nearly unpredictable context.

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Innovation in a Legal Vacuum: The Uncertain Legal Landscape for Shared Micro-mobility

By David Pimentel, Michael B. Lowry, Timothy W. Koglin, and Ronald W. Pimentel

The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact.

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The Dept. of Labor Changes up the Employee vs. Contractor Debate for Gig Workers

Last year I wrote about Uber and Lyft’s battle against a California law that required them to treat their drivers as employees, rather than contractors. Then, in November, California voters passed Prop. 22, which exempted app-based drivers from that law, something Claire covered in detail. Two recent actions from the Biden Administration, which has positioned

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Tesla, Mode Confusion, and the Lack of ADAS Regulation

Last week I wrote about how a recent crash in Texas is illustrative of a serious issue with Tesla’s Autopilot feature. As a refresher, Autopilot is an advanced driver-assistance system (ADAS), meaning it can take over a number of driving tasks and help protect drivers, but a human is supposed to remain focused on the driving task.

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Contact Responsibility as a Solution to AV Liability

By Matthew Wansley* Human drivers are a menace to public health. In 2019, 36,096 Americans were killed in motor vehicle crashes, and an estimated 2.74 million Americans were injured. Most crashes aren’t “accidents.” The National Highway Traffic Safety Administration estimates that driver error is the critical reason for 94% of crashes. The deployment of autonomous

Read More...

A Texas Crash Highlights Issues With Tesla’s Autopilot

Earlier this month, two Texas men died when the Tesla Model S they were traveling in crashed into a tree. However, just what led to the crash remains a point of contention between authorities and Tesla itself. The police have said that one passenger was found in the front passenger-side seat, while the other was

Read More...

A Michigan Facial Recognition Law Suit and The Future of Cameras in Cars

Last week, Claire wrote about how Fourth Amendment precedents and facial recognition technologies could allow law enforcement to use AVs and other camera-equipped transportation technologies as a means of surveillance. In that post she mentioned the case of Robert Julian-Borchak Williams, who last year was arrested by the Detroit Police Department based on faulty facial

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AVs Must Steer Clear of Illegal Surveillance

In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the fourth and final part of the AV & Civil Rights series. Part

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2021 Conference Panel 2: Transportation Equity and Emerging Technologies

By Christopher Chorzepa and Phillip Washburn Week 2 of the 2021 Law and Mobility Conference opened with a discussion, moderated by C. Ndu Ozor, focusing on a variety of topics: inequalities and equity issues in our transportation system, how to prevent new transportation tech from exacerbating these issues, and how new tech can potentially help

Read More...

AVs Must Avoid the Discriminatory Impacts of Today’s Rideshares

In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the third part of the AV & Civil Rights series. Part 1 focuses

Read More...

2021 Conference Panel 1: Emerging Transportation Technologies, a Primer

The 2021 Law and Mobility Conference opened with a panel, moderated by Emily Frascaroli, that set out to begin answering three questions: What are emerging transportation technologies? What is the legal landscape surrounding these technologies? What are some challenges that these technologies face, in terms of both gaining popular use and promoting transportation equity? Nira

Read More...

The Dept. of Labor Changes up the Employee vs. Contractor Debate for Gig Workers

Last year I wrote about Uber and Lyft’s battle against a California law that required them to treat their drivers as employees, rather than contractors. Then, in November, California voters passed Prop. 22, which exempted app-based drivers from that law, something Claire covered in detail. Two recent actions from the Biden Administration, which has positioned

Read More...

Tesla, Mode Confusion, and the Lack of ADAS Regulation

Last week I wrote about how a recent crash in Texas is illustrative of a serious issue with Tesla’s Autopilot feature. As a refresher, Autopilot is an advanced driver-assistance system (ADAS), meaning it can take over a number of driving tasks and help protect drivers, but a human is supposed to remain focused on the driving task.

Read More...

Contact Responsibility as a Solution to AV Liability

By Matthew Wansley* Human drivers are a menace to public health. In 2019, 36,096 Americans were killed in motor vehicle crashes, and an estimated 2.74 million Americans were injured. Most crashes aren’t “accidents.” The National Highway Traffic Safety Administration estimates that driver error is the critical reason for 94% of crashes. The deployment of autonomous

Read More...

A Texas Crash Highlights Issues With Tesla’s Autopilot

Earlier this month, two Texas men died when the Tesla Model S they were traveling in crashed into a tree. However, just what led to the crash remains a point of contention between authorities and Tesla itself. The police have said that one passenger was found in the front passenger-side seat, while the other was

Read More...

A Michigan Facial Recognition Law Suit and The Future of Cameras in Cars

Last week, Claire wrote about how Fourth Amendment precedents and facial recognition technologies could allow law enforcement to use AVs and other camera-equipped transportation technologies as a means of surveillance. In that post she mentioned the case of Robert Julian-Borchak Williams, who last year was arrested by the Detroit Police Department based on faulty facial

Read More...

AVs Must Steer Clear of Illegal Surveillance

In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the fourth and final part of the AV & Civil Rights series. Part

Read More...

2021 Conference Panel 2: Transportation Equity and Emerging Technologies

By Christopher Chorzepa and Phillip Washburn Week 2 of the 2021 Law and Mobility Conference opened with a discussion, moderated by C. Ndu Ozor, focusing on a variety of topics: inequalities and equity issues in our transportation system, how to prevent new transportation tech from exacerbating these issues, and how new tech can potentially help

Read More...

AVs Must Avoid the Discriminatory Impacts of Today’s Rideshares

In light of the 2021 Law and Mobility Conference’s focus on equity, the Journal of Law & Mobility Blog will publish a series of blog posts surveying the civil rights issues with connected and autonomous vehicle development in the U.S. This is the third part of the AV & Civil Rights series. Part 1 focuses

Read More...

2021 Conference Panel 1: Emerging Transportation Technologies, a Primer

The 2021 Law and Mobility Conference opened with a panel, moderated by Emily Frascaroli, that set out to begin answering three questions: What are emerging transportation technologies? What is the legal landscape surrounding these technologies? What are some challenges that these technologies face, in terms of both gaining popular use and promoting transportation equity? Nira

Read More...