Levin College of Law
Welcome to UF LAW

Jane Bambauer

Professor of Law
Brechner Eminent Scholar Chair, College of Journalism and Communications

Expertise

First Amendment  • Fourth Amendment  • Freedom of Speech  • Internet Law  • Privacy  • Technology Law and Policy  • 

About

Professor Jane Bambauer is the Brechner Eminent Scholar at the Levin College of Law and at the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law.

Professor Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Professor Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies. Her work has also been featured in media outlets, including the Washington Post, the New York Times, Fox News, and Lawfare, where she is a contributing editor.

Professor Bambauer currently serves as the Chair of the National AI Advisory Committee Subcommittee on Law Enforcement, and she has previously served as the deputy director of the Center for Quantum Networks, a multi-institutional engineering research center funded by the National Science Foundation. She holds a B.S. in Mathematics from Yale College and a J.D. from Yale Law School.

Education

J.D., Yale Law School
B.S., Yale College (Mathematics)

Teaching and Scholarship

AI, Big Data, Criminal Procedure, First Amendment, Media Law, Predictive Algorithms, Privacy Law, and Torts

Publications

BOOKS 

  • Bublick, Bambauer & Arellano, Dobbs Advanced Torts: Economic and Dignitary Torts (2d Ed.) (2022).

SELECTED ARTICLES

  • Reconsidering Tort Duty When AI Makes Everything Foreseeable (work-in-progress).
  • Negligent AI Speech: Some Thoughts About Duty, 2023 J. Free Speech L. _ (forthcoming, 2023).
  • Sober and Self-Guided Newsgathering, invited chapter in Media as a Governance Institution (Gus Hurwitz et al., eds., Cambridge University Press, 2023).
  •  Filtered Dragnets and the Anti-Authoritarian Fourth Amendment, 97 Southern California Law Review __ (forthcoming 2023).
  •  Reckless Associations, 37 Harvard Journal of Law & Technology 491 (2023) (with Saura Masconale and Simone Sepe).
  • Platforms: The First Amendment Misfits, 97 Indiana Law Journal 1047 (2022) (with J. Rollins & V. Yesue).
  • When a Small Change Makes a Big Difference, 55 U.C. Davis Law Review 2337 (2022) (with Tal Zarsky & Jonathan Mayer).
  • From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing, 102 Boston University Law Review 1667 (2021) (with Andrea Roth).
  • The Algorithm Game, 94 Notre Dame L. Rev. 1 (2018) (with Tal Zarsky).
  • Snake Oil Speech, 93 Washington Law Review 73 (2018).
  • Information Libertarianism, 105 California Law Review 335 (2017) (with Derek Bambauer).
  • Other People’s Papers, 94 Texas Law Review 205 (2015).
  • Outrageous and Irrational, 100 Minnesota Law Review 281 (2015) (with Toni Massaro).
  • Hassle, 113 Michigan Law Review 461 (2015).
  • Is Data Speech?, 66 Stanford Law Review 57 (2014).
  • The New Intrusion, 88 Notre Dame Law Review 205 (2012).
  • Tragedy of the Data Commons, 25 Harvard Journal of Law & Technology 1 (2011) (published as Jane Yakowitz). 

University of Florida Levin College of Law
309 Village Drive
PO Box 117620
Gainesville, FL 32611
(352) 273-0804
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The Florida Constitutional Law Endowment in memory of Justice Ben F. Overton was created by Judge Karen Miller in 2013. This fund supports lectures and presentations by Justices of the Florida Supreme Court at the Fredric G. Levin College of Law.

HISTORY

Justice Overton, who earned his B.S. in 1951 and his Juris Doctor in 1952 from the University of Florida, was the first merit appointment to the Florida Supreme Court. Throughout his career he was active in legal education and served as an Adjunct Professor at the Levin College of Law through December 2012, the month of his death. Although he resided at Oak Hammock at the University of Florida, a continuing care retirement community developed in cooperation with UF, he also considered the Florida Supreme Court “home.” Among the high points of his later years was hosting Justices of the Florida Supreme Court in Gainesville and taking his class to Tallahassee to hear oral arguments at the Florida Supreme Court.
Judge Miller, who earned her B.S. cum laude from New York University in 1974 and her Juris Doctor from New York Law School in 1977, served as Chief Administrative Law Judge of the New York City Department of Consumer Affairs, New York City’s business regulatory agency, before she retired to Oak Hammock at the University of Florida. Having accompanied Justice Overton on his excursions to Tallahassee and joined him in welcoming guests to Oak Hammock at the University of Florida, she created the endowment in memory of Justice Overton to ensure that the Levin College of Law continues to have the funding necessary to continue and enhance the interaction between its students and the Florida Supreme Court.

 

Judge Miller remembered the event that motivated the endowment.

 

Prior to a dinner at the home of Dean Robert Jerry and Lisa Jerry shortly after Justice Overton’s death, Justice Barbara Pariente and I were discussing a suitable memorial. Justice Pariente, who had been Justice Overton’s colleague on the Florida Supreme Court and who understood the importance to him of the interaction between his students and the Court, suggested the outline of what has become the Overton lectures. Dean Jerry, who has since retired, as has Dean Emeritus Jon Mills, who assumed responsibility for implementing the Overton lectures, were very supportive from the beginning. Since Dean Mills’ retirement, Professor Timothy McClendon, who assisted both Justice Overton and Dean Mills teaching Florida Constitutional Law and who co-authored the recent Florida Constitutional Law casebook, has continued the Overton lectures with the support of Interim Dean Merritt McAlister and CGR director, Professor Danaya Wright.

Justice Overton was a devoted jurist, educator, and ethical leader of the Florida legal profession. The Overton Lecture Series brings Florida Supreme Court Justices to the University of Florida, Levin College of Law, and serves to introduce students to the inner workings of the Court. CGR and the students of the College of Law extend our deepest gratitude to Judge Karen Miller for making the Overton Lectures possible in perpetuity.

You can watch an interview for the Florida Historical Society by Mary Adkins, professor emeritus of the UF Levin College of Law, with Justice Overton here.

Justice Overton was also interviewed for the Samuel Proctor Oral History Project and a transcript of his interview is available at the Smathers Library, and here.
Justice Overton sat on the Constitution Revision Commission of 1977-78 that proposed a right to privacy in the Florida Constitution. Although it failed as part of the Constitution Revision Commission recommendations, it passed in 1980 when proposed by the legislature. The bill was co-sponsored by our very own Jon Mills. The privacy provision prevailed by greater than 60%. Justice Overton then wrote a concurrence in a critical reproductive rights case in 1989 affirming that the privacy provision of the Florida Constitution included the right to obtain an abortion. That decision was overruled in Planned Parenthood of SW and Central Florida v. Florida. You can read about the role of Justice Overton, Jon Mills – director emeritus of CGR, and the history of the 1989 case here.