Dear readers,


We are proud to present you with the fourth and final issue of the Twenty-Eighth Volume of the Richmond Journal of Law & Technology. This issue includes four articles, each discussing a unique topic rooted at the intersection of technology and the law.

Our first article is co-authored by Professor Daniel D. Haun, M.F.A., Ph.D. and Professor Eric P. Robinson, J.D. Ph.D. Professor Haun is Assistant Professor of Journalism and Mass Communications in the Howard College of Arts and Sciences and Samford University. Professor Robinson is Associate Professor at the School of Journalism and Mass Communications in the College of Information and Communications at the University of South Carolina and is currently Of Counsel to Fenno Law in South Carolina. Professors Haun and Robinson’s article calls attention to the psychological factors at play in the minds of consumers when assenting to clickwrap agreements and makes an argument for how the law should address these factors in determining consent.

Our second article is co-authored by Professor Wulf A. Kaal, Samuel R. Evans, and Hayley A. Howe. Professor Kaal is a Professor of Law at the University of St. Thomas School of Law in Minneapolis, Minnesota. Mr. Evans is an Experienced Associate for PricewaterhouseCoopers. Ms. Howe is a Compliance Director for Emerging Technology Association. In this article, the authors explore current valuation metrics for legacy assets and their limitations when applied to digital assets and contrasts these methods with emerging and evolving valuation trends.

Our third article was written by Professor Chris Chambers Goodman. Professor Chambers Goodman holds a Juris Doctorate degree from Stanford Law School and is currently a Straus Research Professor and Professor of Law at Pepperdine’s Caruso School of Law and a Visiting Professor at UCLA School of Law. Professor Chambers Goodman’s article addresses the intersection of justice and emerging artificial intelligence technology. The article calls attention to the ways in which biases present themselves in the AI development process and the risk those biases pose to due process principles. The article concludes with proposals for frameworks for responsible AI designs and recommendations for processes that further the interests of justice as technology continues to advance.

Our fourth article was written by Seely Kaufmann. Ms. Kaufmann is a rising third-year student at the University of Richmond School of Law and a member of JOLT’s editorial board. Ms. Kaufmann’s article takes a scientific approach to the argument of nature versus nurture and explores how both genetics and an individual’s environment impact their potential for violent and criminal behavior and highlights novel approaches to the use of genetic markers at the criminal sentencing phase.

On behalf of the entire JOLT staff and editorial board, I would like to thank these authors for their excellent scholarship. On a personal note, I would like to express my appreciation for the fellow members of Volume 28’s executive board – Editor-in-Chief, Mike Marciano; Executive Editor, Peyton Reed; Senior Manuscripts Editor, Amanda Short; and Managing Editor, Sophia Studer. It has been nothing short of an honor and a privilege to work with you all this past year. I also want to recognize this Volume’s incredible article selection team – Ian McDowell, Emma Phillips, and Joleen Traynor. Their hard work and consistency has been critical in making this final issue, and the three before it, possible. Lastly, I want to extend my appreciation for JOLT’s advisors, Professors Chris Cotropia and James Gibson. I count myself fortunate for having had the opportunity to serve this Journal alongside you all.


With sincere appreciation,

Danielle M. Taylor

Senior Articles Editor, Volume XXVIII


Do You Agree?: The Psychology And Legalities Of Assent To Clickwrap Agreements     

By Daniel D. Haun & Eric P. Robinson

Digital Asset Valuation     

By Wulf A. Kaal, Samuel R. Evans, & Hayley A. Howe

AI, Can You Hear Me? Promoting Procedural Due Process in Government Use Of Artificial Intelligence Technologies     

By Chris Chambers Goodman

Why Not Both Nature and Nurture: Using Behavioral Genetic Markers As Sentencing Factors     

By Seely Kaufmann